A-53002, JANUARY 12, 1934, 13 COMP. GEN. 196

A-53002: Jan 12, 1934

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IS NOT AN AUTOMATIC "INCREASE IN COMPENSATION" BY REASON OF LENGTH OF SERVICE WITHIN THE MEANING AND INTENT OF SECTION 201 OF THE ECONOMY ACT. ACTING GUNNER HARRY BERNARD KRUPA WAS APPOINTED ON 25 OCTOBER 1933. HIS OATH OF OFFICE AND ACCEPTANCE WAS EXECUTED ON 17 NOVEMBER 1933. WHICH WAS AFTER THE ECONOMY ACT OF 20 MARCH 1933. WAS ENACTED. 3. DECISION IS REQUESTED AS TO THE AMOUNT OF BASE PAY THAT THE ABOVE MENTIONED MAN SHOULD BE CREDITED. AT THE TIME OF APPOINTMENT TO ACTING GUNNER HE WAS CREDITED PAY AS OF (8) YEARS CONTINUOUS SERVICE. THE APPOINTMENT OF AN ENLISTED MAN TO WARRANT GRADE IS NOT A PROMOTION OR ADVANCEMENT IN GRADE OR RANK. 7 COMP. WAS AN ORIGINAL APPOINTMENT TO AN OFFICE IN THE NAVY AND HIS PAY AS GUNNER UNDER SECTION 10 OF THE ACT OF JUNE 10.

A-53002, JANUARY 12, 1934, 13 COMP. GEN. 196

PAY - LONGEVITY - NAVY THE PAY ACCRUING BY REASON OF PRIOR SERVICE AS AN ENLISTED MAN, ON ORIGINAL APPOINTMENT AS AN OFFICER IN THE NAVY, IS NOT AN AUTOMATIC "INCREASE IN COMPENSATION" BY REASON OF LENGTH OF SERVICE WITHIN THE MEANING AND INTENT OF SECTION 201 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO ENSIGN WILLIAM E. MORING, UNITED STATES NAVY, JANUARY 12, 1934:

BY DIRECTION OF THE SECRETARY OF THE NAVY IN HIS SECOND ENDORSEMENT OF JANUARY 2, 1934, THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 12, 1933, REQUESTING DECISION AS FOLLOWS:

SUBJECT: HARRY BERNARD KRUPA, ACTING GUNNER, U.S.N.

1. ACTING GUNNER HARRY BERNARD KRUPA WAS APPOINTED ON 25 OCTOBER 1933, AND HIS OATH OF OFFICE AND ACCEPTANCE WAS EXECUTED ON 17 NOVEMBER 1933, FROM CHIEF TURRET CAPTAIN (PA).

2. GUNNER KRUPA COMPLETED (12) YEARS ON 25 APRIL 1933, WHICH WAS AFTER THE ECONOMY ACT OF 20 MARCH 1933, WAS ENACTED.

3. DECISION IS REQUESTED AS TO THE AMOUNT OF BASE PAY THAT THE ABOVE MENTIONED MAN SHOULD BE CREDITED. SHOULD HE BE CREDITED BASE PAY AND ALLOWANCES AS OF (6) YEARS CONTINUOUS OR (12) YEARS CONTINUOUS SERVICE?

4. AT THE TIME OF APPOINTMENT TO ACTING GUNNER HE WAS CREDITED PAY AS OF (8) YEARS CONTINUOUS SERVICE.

THE APPOINTMENT OF AN ENLISTED MAN TO WARRANT GRADE IS NOT A PROMOTION OR ADVANCEMENT IN GRADE OR RANK. 7 COMP. GEN. 746. THE APPOINTMENT OF KRUPA AS ACTING GUNNER ON OCTOBER 25, 1933, WAS AN ORIGINAL APPOINTMENT TO AN OFFICE IN THE NAVY AND HIS PAY AS GUNNER UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AS AMENDED BY THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1187, IS BASED ON LENGTH OF SERVICE AT THE TIME OF APPOINTMENT. THERE IS NO QUESTION OF INCREASED PAY AS A GUNNER. SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, DOES NOT AFFECT SERVICE THAT MAY BE COUNTED UNDER AN ORIGINAL APPOINTMENT IN THE SERVICE. THE PAY ACCRUING BY REASON OF PRIOR SERVICE AS AN ENLISTED MAN, ON ORIGINAL APPOINTMENT AS AN OFFICER, IS NOT AN AUTOMATIC INCREASE IN COMPENSATION BY REASON OF LENGTH OF SERVICE WITHIN THE MEANING AND INTENT OF SECTION 201 OF THE ECONOMY ACT, WHICH CONTEMPLATES INCREASES ACCRUING AFTER AND NOT ON ORIGINAL APPOINTMENT.

KRUPA IS ENTITLED TO BASE PAY AND ALLOWANCES UNDER HIS APPOINTMENT AS ACTING GUNNER BASED ON HIS TOTAL LENGTH OF CREDITABLE SERVICE AT DATE OF APPOINTMENT.