A-5526, JANUARY 21, 1925, 4 COMP. GEN. 620

A-5526: Jan 21, 1925

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LONGEVITY A MEMBER OF THE NAVAL RESERVE FORCE WHO FAILS TO REENROLL WITHIN FOUR MONTHS FROM THE DATE OF THE TERMINATION OF HIS LAST TERM OF ENROLLMENT IS NOT ENTITLED TO ANY INCREASE OF RETAINER PAY BY REASON OF PRIOR SERVICE IN THE NAVAL RESERVE FORCE. WHEREIN IT WAS HELD THAT HE WAS NOT ENTITLED TO 50 PERCENT INCREASE IN RETAINER PAY UNDER REENROLLMENT OF MAY 28. IT IS CONTENDED THAT AS HE RECEIVED AN INCREASE DURING HIS PRIOR ENROLLMENT OF AUGUST 7. HE IS ENTITLED TO AN INCREASE DURING THE REENROLLMENT PERIOD. WHO SHALL HAVE PERFORMED THE MINIMUM AMOUNT OF ACTIVE SERVICE REQUIRED DURING THE PRECEDING TERM OF ENROLLMENT. THESE TWO PROVISIONS HAVE BEEN CONSTRUED TO MEAN THAT ALL LEGAL ACTIVE SERVICE IN THE NAVY.

A-5526, JANUARY 21, 1925, 4 COMP. GEN. 620

NAVAL RESERVE FORCE - RETAINER PAY, LONGEVITY A MEMBER OF THE NAVAL RESERVE FORCE WHO FAILS TO REENROLL WITHIN FOUR MONTHS FROM THE DATE OF THE TERMINATION OF HIS LAST TERM OF ENROLLMENT IS NOT ENTITLED TO ANY INCREASE OF RETAINER PAY BY REASON OF PRIOR SERVICE IN THE NAVAL RESERVE FORCE, BUT A BREAK IN CONTINUITY OF HIS RESERVE SERVICE DOES NOT AFFECT HIS RIGHT TO A 25 PERCENTUM INCREASE IN HIS BASE RETAINER PAY FOR EACH FOUR YEARS OF LEGAL ACTIVE SERVICE IN THE NAVY, MARINE CORPS, NATIONAL NAVAL VOLUNTEERS, AND NAVAL MILITIA.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 21, 1925:

RALPH L. ARMSTRONG, YEOMAN, FIRST CLASS, UNITED STATES NAVAL RESERVE FORCE, REQUESTED DECEMBER 13, 1924, RECONSIDERATION OF THE DECISION OF NOVEMBER 22, 1924, 39 MS. COMP. GEN. 670-A, WHEREIN IT WAS HELD THAT HE WAS NOT ENTITLED TO 50 PERCENT INCREASE IN RETAINER PAY UNDER REENROLLMENT OF MAY 28, 1923. IT IS CONTENDED THAT AS HE RECEIVED AN INCREASE DURING HIS PRIOR ENROLLMENT OF AUGUST 7, 1918, HE IS ENTITLED TO AN INCREASE DURING THE REENROLLMENT PERIOD.

THE ACT OF AUGUST 29, 1916, 39 STAT. 588, PROVIDES:

MEMBERS OF THE NAVAL RESERVE FORCE WHO REENROLL FOR A TERM OF FOUR YEARS WITHIN FOUR MONTHS FROM THE DATE OF THE TERMINATION OF THEIR LAST TERM OF ENROLLMENT, AND WHO SHALL HAVE PERFORMED THE MINIMUM AMOUNT OF ACTIVE SERVICE REQUIRED DURING THE PRECEDING TERM OF ENROLLMENT, SHALL,FOR EACH SUCH REENROLLMENT, RECEIVE AN INCREASE OF TWENTY-FIVE PERCENTUM OF THEIR BASE RETAINER PAY * * *.

THE ACT OF JULY 1, 1918, 40 STAT. 710, PROVIDES:

* * * SERVICE IN THE NAVY, MARINE CORPS, NATIONAL NAVAL VOLUNTEERS, AND NAVAL MILITIA, SHALL BE COUNTED AS CONTINUOUS SERVICE IN THE NAVAL RESERVE FORCE, BOTH FOR THE PURPOSE OF RETIREMENT AND OF COMPUTING RETAINER PAY.

THESE TWO PROVISIONS HAVE BEEN CONSTRUED TO MEAN THAT ALL LEGAL ACTIVE SERVICE IN THE NAVY, MARINE CORPS, NATIONAL NAVAL VOLUNTEERS, AND NAVAL MILITIA, REGARDLESS OF CONTINUITY OR CHARACTER OF DISCHARGE, IS TO BE CONSIDERED AS SERVED CONTINUOUSLY IN THE NAVAL RESERVE FORCE AND THAT AN INCREASE OF 25 PERCENT OF THEIR BASE RETAINER PAY IS TO BE ALLOWED ENROLLED MEMBERS OF THE NAVAL RESERVE FORCE FOR EACH FOUR YEARS OF SUCH SERVICE, BUT THAT THE TOTAL OF SUCH INCREASE SHALL NOT EXCEED 100 PERCENT OF THE BASE RETAINER PAY IN ANY CASE. 25 COMP. DEC. 308, 504.

A MEMBER OF THE NAVAL RESERVE FORCE WHO FAILS TO REENROLL WITHIN FOUR MONTHS FROM THE DATE OF THE TERMINATION OF HIS LAST TERM OF ENROLLMENT IS NOT ENTITLED TO ANY INCREASE OF RETAINER PAY BY REASON OF PRIOR SERVICE IN THE NAVAL RESERVE FORCE DURING THE PERIOD OF REENROLLMENT. HOWEVER, THE BREAK IN CONTINUITY OF RESERVE SERVICE DOES NOT AFFECT HIS RIGHT TO AN INCREASE IN RETAINER PAY FOR EACH FOUR YEARS OF LEGAL ACTIVE SERVICE IN THE NAVY, MARINE CORPS, NATIONAL NAVAL VOLUNTEERS, AND NAVAL MILITIA. SEE 97 MS. COMP. DEC. 1092, JUNE 27, 1921.

THE RECORD OF SERVICE OF CLAIMANT AS FURNISHED BY THE BUREAU OF NAVIGATION SHOWS THAT PRIOR TO HIS ENROLLMENT IN THE NAVAL RESERVE FORCE ON MAY 28, 1923, HE HAD SERVED MORE THAN FOUR YEARS IN THE UNITED STATES NAVY. HE IS THEREFORE ENTITLED DURING HIS CURRENT ENROLLMENT TO A 25 PERCENT INCREASE OF HIS BASE RETAINER PAY.

HAVING ATTENDED THE REQUIRED PROPORTION OF THE 36 DRILLS REQUIRED ANNUALLY OF MEMBERS OF THE NAVAL RESERVE FORCE FOR THE MAINTENANCE OF THEIR EFFICIENCY, HE IS ENTITLED TO RETAINER PAY FOR THE FIRST QUARTER (MAY 28, 1923, TO AUGUST 27, 1923) OF THE FIRST YEAR OF HIS CURRENT ENROLLMENT AT THE BASE RATE OF $168 PER ANNUM INCREASED BY 25 PERCENT, OR AT $210 PER ANNUM, AMOUNTING TO $52.50.

HE WAS ALLOWED $42 IN THE DECISION OF NOVEMBER 22, 1924, AND AN ADDITIONAL AMOUNT OF $10.50 IS NOW CERTIFIED DUE HIM, THE DECISION OF NOVEMBER 22, 1924, BEING MODIFIED ACCORDINGLY.