A-53717, FEBRUARY 13, 1934, 13 COMP. GEN. 217

A-53717: Feb 13, 1934

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ECONOMY ACT - LONGEVITY PAY - NAVY ENLISTED MAN A REENLISTMENT IN THE NAVY IS NOT A PROMOTION WITH RESPECT TO APPLICATION OF SECTION 201 OF THE ECONOMY ACT OF JUNE 30. IS ENTITLED UPON SUCH REENLISTMENT TO LONGEVITY INCREASE OF PAY ON THE BASIS OF PRIOR SERVICE IN ACCORDANCE WITH SECTION 10 OF THE ACT OF JUNE 10. 1933 WAS AN ORIGINAL APPOINTMENT TO AN OFFICE IN THE NAVY AND HIS PAY AS A WARRANT OFFICER UNDER EXISTING LAWS IS BASED ON LENGTH OF SERVICE AT THE TIME OF APPOINTMENT. IT WAS FURTHER HELD IN THIS DECISION THAT SECTION 201 OF THE ECONOMY ACT OF JUNE 30. IN CONNECTION WITH THE RULING IN THIS DECISION IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES WHETHER AN ENLISTED MAN WHO COMPLETES A FOUR-YEAR PERIOD OF SERVICE ON OR AFTER APRIL 1.

A-53717, FEBRUARY 13, 1934, 13 COMP. GEN. 217

ECONOMY ACT - LONGEVITY PAY - NAVY ENLISTED MAN A REENLISTMENT IN THE NAVY IS NOT A PROMOTION WITH RESPECT TO APPLICATION OF SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, AS CONTINUED AND APPLIED TO ENLISTED MEN BY THE ACT OF MARCH 20, 1933, 48 STAT. 12, AND A MAN WHO COMPLETES FOUR YEARS OF ACTUAL SERVICE AND REENLISTS DURING THE PERIOD APRIL 1, 1933, TO JUNE 30, 1934, IS ENTITLED UPON SUCH REENLISTMENT TO LONGEVITY INCREASE OF PAY ON THE BASIS OF PRIOR SERVICE IN ACCORDANCE WITH SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 13, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 8, 1934, REQUESTING DECISION ON A QUESTION CONTAINED IN LETTER FROM THE PAYMASTER GENERAL OF THE NAVY, DATED FEBRUARY 7, 1934, TRANSMITTED THEREWITH, AS FOLLOWS: REFERENCE:

(A) DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES A 53002

DATED JANUARY 12, 1934.

1. IN REFERENCE (A) THE COMPTROLLER GENERAL OF THE UNITED STATES DECIDED THAT THE APPOINTMENT OF AN ENLISTED MAN AS AN ACTING WARRANT OFFICER ON OCTOBER 25, 1933 WAS AN ORIGINAL APPOINTMENT TO AN OFFICE IN THE NAVY AND HIS PAY AS A WARRANT OFFICER UNDER EXISTING LAWS IS BASED ON LENGTH OF SERVICE AT THE TIME OF APPOINTMENT. IT WAS FURTHER HELD IN THIS DECISION THAT SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932 (47 STAT. 401), DOES NOT AFFECT SERVICE THAT MAY BE COUNTED UNDER AN ORIGINAL APPOINTMENT IN THE SERVICE.

2. IN CONNECTION WITH THE RULING IN THIS DECISION IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES WHETHER AN ENLISTED MAN WHO COMPLETES A FOUR-YEAR PERIOD OF SERVICE ON OR AFTER APRIL 1, 1933 IS ENTITLED TO INCREASED LONGEVITY PAY BASED ON SUCH FOUR-YEAR PERIOD OF SERVICE IF HE IS DISCHARGED AND REENLISTS IN THE NAVY WITHIN A PERIOD OF THREE MONTHS FROM DATE OF SUCH DISCHARGE. FOR EXAMPLE, IF AN ENLISTED MAN COMPLETED A FOUR-YEAR PERIOD OF SERVICE ON SEPTEMBER 16, 1933, WAS DISCHARGED ON SEPTEMBER 16, 1933, AND REENLISTS IN THE NAVY ON SEPTEMBER 17, 1933, IS SUCH MAN ENTITLED TO LONGEVITY INCREASE FROM SEPTEMBER 17, 1933 ON THE BASIS OF THE FOUR-YEAR PERIOD OF SERVICE COMPLETED ON SEPTEMBER 16, 933?

IN DECISION A-53681, DATED FEBRUARY 12, 1934, THERE WAS CONSIDERED THE QUESTION WHETHER AN ENLISTED MAN OF THE NAVY WHO HAD COMPLETED EXACTLY FOUR YEARS' SERVICE FOR LONGEVITY PAY PURPOSES FEBRUARY 26, 1932, AND WHO ON DISCHARGE WAS ASSIGNED TO CLASS F-2 FLEET NAVAL RESERVE, AND WHILE SO IN THE FLEET NAVAL RESERVE REENLISTED IN THE NAVY, MARCH 15, 1933, WAS ENTITLED TO LONGEVITY INCREASE ON HIS BASE PAY FROM DATE OF REENLISTMENT, THE QUESTION RELATING PRIMARILY TO WHETHER SUCH INCREASE WOULD BE SUSPENDED UNDER SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, AS CONTINUED AND APPLIED TO ENLISTED MEN BY THE ACT OF MARCH 20, 1933, 48 STAT. 12, WHICH SECTION AS APPLIED TO ENLISTED MEN SUSPENDS, DURING THE PERIOD APRIL 1, 1933, TO JUNE 30, 1934, AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION.

IN THAT DECISION IT WAS STATED:

* * * WITH RESPECT TO SECTION 201 OF THE ECONOMY ACT, THE STATUS OF AN ENLISTED MAN ON REENLISTING IS SIMILAR TO THAT OF AN OFFICER ON ORIGINAL APPOINTMENT. UPON REENLISTING THE MEASURE OF THE MAN'S PAY IS THE BASE PAY OF HIS RATING INCREASED BY THE STATUTORY LONGEVITY FOR ANY AND ALL CREDITABLE PRIOR SERVICE HE MAY HAVE HAD. A REENLISTMENT IS NOT A PROMOTION AND THE PERCENTAGE INCREASE ON A MAN'S BASE RATE OF PAY UPON REENLISTING IS A PART OF THE MEASURE OF HIS PAY BY REASON OF LONGEVITY CREDIT EARNED BY PRIOR SERVICE; SUCH INCREASE IN PAY ACCRUES BY REASON OF REENLISTMENT AND IS NOT AN AUTOMATIC INCREASE IN COMPENSATION WITHIN SECTION 201 OF THE ECONOMY ACT. THAT IS, IT IS A REENTRY INTO SERVICE AND HE IS ENTITLED TO HAVE HIS PAY COMPUTED ON THE BASIS OF ALL PRIOR CREDITABLE SERVICE IRRESPECTIVE OF WHEN SUCH SERVICE MAY HAVE BEEN RENDERED.

THE REASONING IN THAT DECISION IS EQUALLY APPLICABLE IN THE INSTANT CASE, NOTWITHSTANDING THE FACT THAT THE REENLISTMENT WAS ACCOMPLISHED, AND PART OF THE SERVICE IN THE PRIOR ENLISTMENT WAS RENDERED SUBSEQUENT TO APRIL 1, 1933. IN THE EXAMPLE GIVEN, THE ENLISTED MAN UPON REENTRY INTO THE SERVICE SEPTEMBER 17, 1933, AFTER HAVING COMPLETED FOUR YEARS OF ACTUAL SERVICE, WOULD BE ENTITLED TO LONGEVITY INCREASE OF PAY IN ACCORDANCE WITH SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630.