A-5454, DECEMBER 3, 1924, 4 COMP. GEN. 513

A-5454: Dec 3, 1924

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IS ENTITLED TO ONE YEAR'S PAY COMPUTED AT THE RATE PROVIDED BY LAW FOR SHORE DUTY. 1924: THERE IS BEFORE THIS OFFICE FOR DECISION THE QUESTIONS WHETHER FORMER PAY CLERK CLAUDE M. IS ENTITLED TO ONE YEAR'S PAY UNDER THE PROVISIONS OF SECTION 1505. WHETHER HE IS ENTITLED TO HAVE SUCH PAY COMPUTED AT THE RATE PROVIDED FOR WARRANT OFFICERS "AT SEA" OR "ON SHORE. IS FOUND NOT PROFESSIONALLY QUALIFIED. SHALL SUFFER LOSS OF NUMBERS EQUAL TO THE AVERAGE SIX MONTHS' RATE OF PROMOTION TO THE GRADE FOR WHICH SAID OFFICER IS UNDERGOING EXAMINATION DURING THE FIVE FISCAL YEARS NEXT PRECEDING THE DATE OF APPROVAL OF SAID EXAMINATION. YOU ARE ADVISED THAT THE NAVAL EXAMINING BOARD BEFORE WHICH YOU RECENTLY APPEARED FOUND YOU TO BE MENTALLY AND MORALLY.

A-5454, DECEMBER 3, 1924, 4 COMP. GEN. 513

ONE YEAR'S PAY TO DISCHARGED NAVAL OFFICERS A WARRANT OFFICER OF THE NAVY DROPPED FROM THE SERVICES FOR FAILURE TO QUALIFY PROFESSIONALLY FOR PROMOTION, IN ACCORDANCE WITH SECTION 1505, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 11, 1912, 37 STAT. 73, IS ENTITLED TO ONE YEAR'S PAY COMPUTED AT THE RATE PROVIDED BY LAW FOR SHORE DUTY.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 3, 1924:

THERE IS BEFORE THIS OFFICE FOR DECISION THE QUESTIONS WHETHER FORMER PAY CLERK CLAUDE M. NASH, UNITED STATES NAVY, IS ENTITLED TO ONE YEAR'S PAY UNDER THE PROVISIONS OF SECTION 1505, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 11, 1912, AND IF SO, WHETHER HE IS ENTITLED TO HAVE SUCH PAY COMPUTED AT THE RATE PROVIDED FOR WARRANT OFFICERS "AT SEA" OR "ON SHORE," UNDER THE ACT OF JUNE 10, 1922.

SECTION 1505, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 11, 1912, 37 STAT. 73, READS AS FOLLOWS:

ANY OFFICER OF THE NAVY ON THE ACTIVE LIST BELOW THE RANK OF COMMANDER WHO, UPON EXAMINATION FOR PROMOTION, IS FOUND NOT PROFESSIONALLY QUALIFIED, SHALL BE SUSPENDED FROM PROMOTION FOR A PERIOD OF SIX MONTHS FROM THE DATE OF APPROVAL OF SAID EXAMINATION, AND SHALL SUFFER LOSS OF NUMBERS EQUAL TO THE AVERAGE SIX MONTHS' RATE OF PROMOTION TO THE GRADE FOR WHICH SAID OFFICER IS UNDERGOING EXAMINATION DURING THE FIVE FISCAL YEARS NEXT PRECEDING THE DATE OF APPROVAL OF SAID EXAMINATION, AND UPON THE TERMINATION OF SAID SUSPENSION FROM PROMOTION HE SHALL BE REEXAMINED, AND IN CASE OF HIS FAILURE UPON SUCH REEXAMINATION HE SHALL BE DROPPED FROM THE SERVICE WITH NOT MORE THAN ONE YEAR'S PAY: PROVIDED, THAT THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE FROM AND AFTER JANUARY FIRST, NINETEEN HUNDRED AND ELEVEN.

UNDER DATE OF AUGUST 26, 1924, THE CHIEF OF THE BUREAU OF NAVIGATION, ADDRESSED TO CLAIMANT THE FOLLOWING LETTER:

1. YOU ARE ADVISED THAT THE NAVAL EXAMINING BOARD BEFORE WHICH YOU RECENTLY APPEARED FOUND YOU TO BE MENTALLY AND MORALLY, BUT, NOT PROFESSIONALLY QUALIFIED TO PERFORM EFFICIENTLY ALL THE DUTIES BOTH AT SEA AND ON SHORE OF THE GRADE OF CHIEF PAY CLERK AND DID NOT RECOMMEND YOU FOR PROMOTION.

2. THE SECRETARY OF THE NAVY, UNDER DATE OF 21 AUGUST, 1924, APPROVED THE PROCEEDINGS, FINDINGS, AND RECOMMENDATION OF THE NAVAL EXAMINING BOARD IN YOUR CASE, AND DIRECTED THAT YOU BE DROPPED FROM THE SERVICE WITH ONE YEAR'S PAY, IN CONFORMITY WITH THE PROVISIONS OF SECTION 1505 OF THE REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 11, 1912.

3. ACCORDINGLY, YOU WILL BE DROPPED FROM THE NAVAL SERVICE WITH ONE YEAR'S PAY, IN ACCORDANCE WITH THE ABOVE-NAMED PROVISIONS OF LAW, EFFECTIVE UPON THE DATE OF RECEIPT OF THIS LETTER.

4. PLEASE ACKNOWLEDGE RECEIPT.

CLAIMANT RECEIVED THE SAID LETTER SEPTEMBER 2, 1924, WAS DETACHED FROM THE U.S.S. REINA MERCEDES AND DROPPED FROM THE NAVY ON THE SAME DATE. THE SUPPLY OFFICER CARRYING HIS ACCOUNTS ALLOWED HIM CREDIT AND PAID HIM ONE YEAR'S SHORE PAY AMOUNTING TO $2,016. HIS CLAIM IS FOR THE DIFFERENCE BETWEEN PAY AT SEA, $2,268, AND PAY ON SHORE AT $2,016, OR $252.

THE LANGUAGE OF THE ACT OF MARCH 11, 1912,"ANY OFFICER OF THE NAVY ON THE ACTIVE LIST BELOW THE RANK OF COMMANDER" INCLUDES A WARRANT OFFICER. 53 CT.CLS. 90, A WARRANT OFFICER, MACHINIST OF THE NAVY, ELIGIBLE FOR PROMOTION TO THE GRADE OF CHIEF MACHINIST, WAS RECOGNIZED AS COMING UNDER THIS STATUTE.

AS TO WHETHER CLAIMANT WAS ENTITLED TO ONE YEAR'S PAY COMPUTED AT THE RATE PROVIDED BY LAW FOR SEA DUTY AT $2,268, OR FOR SHORE PAY AT $2,016 PER ANNUM, THE PAY OF A WARRANT OFFICER AFTER 12 YEARS' SERVICE, IT IS CONCLUDED THAT HE WAS ENTITLED UNDER THE SAID ACT TO ONE YEAR'S SHORE PAY, WHICH HAS BEEN PAID HIM BY HIS SUPPLY OFFICER.

AN OFFICER IS ENTITLED WHEN DROPPED FROM THE NAVY UNDER THE ACT OF MARCH 11, 1912, TO ONE YEAR'S PAY MEASURED BY THE BASE RATE OF PAY PROVIDED BY LAW OF HIS PERMANENT RANK WHEN DROPPED 4 MS. COMP. GEN. 1179, DECEMBER 21, 1921; 1 COMP. GEN. 326. THE HIGHER RATE OF PAY IS PREDICATED UPON THE ACTUAL PERFORMANCE OF DUTY AT SEA, AND ONLY BY THE PERFORMANCE OF SUCH DUTY CAN AN OFFICER BECOME ENTITLED THERETO.