A-60831, MARCH 27, 1935, 14 COMP. GEN. 726

A-60831: Mar 27, 1935

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IS ENTITLED TO PERIOD PAY DETERMINED BY THE RANK OF THE OFFICER WHOSE DUTIES HE IS APPOINTED TO PERFORM AS PROVIDED IN PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10. A PAY CLERK SO APPOINTED TO PERFORM THE DUTIES OF A LIEUTENANT COMMANDER OF THE SUPPLY CORPS IS ENTITLED TO PAY OF THE FOURTH PAY PERIOD WITHOUT INCREASE FOR LONGEVITY. IS ENTITLED WHILE SERVING UNDER AN ACTING APPOINTMENT AS SUPPLY OFFICER OF THE U.S.S. IT IS STATED IN THE CORRESPONDENCE THAT PAY CLERK STOKES WAS GIVEN THE ACTING APPOINTMENT AS SUPPLY OFFICER INSTEAD OF LIEUTENANT COMMANDER R. WHO WAS TRANSFERRED TO THE HOSPITAL BY REASON OF AN INJURY. LIEUTENANT COMMANDER ROBESON IS ENTITLED TO PAY OF THE FIFTH PERIOD UNDER SECTION 1 OF THE ACT OF JUNE 10.

A-60831, MARCH 27, 1935, 14 COMP. GEN. 726

PAY - ACTING APPOINTMENT - SUPPLY OFFICER - NAVY A PERSON APPOINTED TO PERFORM THE DUTIES OF A "PAYMASTER OR ASSISTANT PAYMASTER" UNDER AUTHORITY OF SECTIONS 1381 AND 1564, REVISED STATUTES, IS ENTITLED TO PERIOD PAY DETERMINED BY THE RANK OF THE OFFICER WHOSE DUTIES HE IS APPOINTED TO PERFORM AS PROVIDED IN PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627; A PAY CLERK SO APPOINTED TO PERFORM THE DUTIES OF A LIEUTENANT COMMANDER OF THE SUPPLY CORPS IS ENTITLED TO PAY OF THE FOURTH PAY PERIOD WITHOUT INCREASE FOR LONGEVITY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 27, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 13, 1935, REQUESTING DECISION AS TO THE RATE OF PAY TO WHICH PAY CLERK C. L. STOKES, UNITED STATES NAVY, IS ENTITLED WHILE SERVING UNDER AN ACTING APPOINTMENT AS SUPPLY OFFICER OF THE U.S.S. SACRAMENTO.

IT IS STATED IN THE CORRESPONDENCE THAT PAY CLERK STOKES WAS GIVEN THE ACTING APPOINTMENT AS SUPPLY OFFICER INSTEAD OF LIEUTENANT COMMANDER R. G. ROBESON (SUPPLY CORPS), UNITED STATES NAVY, WHO WAS TRANSFERRED TO THE HOSPITAL BY REASON OF AN INJURY; AND THAT BY REASON OF OVER 23 YEARS' SERVICE, LIEUTENANT COMMANDER ROBESON IS ENTITLED TO PAY OF THE FIFTH PERIOD UNDER SECTION 1 OF THE ACT OF JUNE 10, 1922.

THE APPOINTMENT OF PERSONS TO SO PERFORM THE DUTY OF SUPPLY OFFICERS IS AUTHORIZED BY SECTIONS 1381 AND 1564, REVISED STATUTES, AS FOLLOWS:

SEC. 1381. WHEN THE OFFICE OF PAYMASTER OR ASSISTANT PAYMASTER BECOMES VACANT, BY DEATH OR OTHERWISE, IN SHIPS AT SEA, OR ON FOREIGN STATIONS, OR ON THE PACIFIC COAST OF THE UNITED STATES, THE SENIOR OFFICER PRESENT MAY MAKE AN ACTING APPOINTMENT OF ANY FIT PERSON, WHO SHALL PERFORM THE DUTIES THEREOF UNTIL ANOTHER PAYMASTER OR ASSISTANT PAYMASTER SHALL REPORT FOR DUTY, AND SHALL BE ENTITLED TO RECEIVE THE PAY OF SUCH GRADE WHILE SO ACTING.

SEC. 1564. ANY PERSON PERFORMING THE DUTIES OF PAYMASTER, ACTING ASSISTANT PAYMASTER, OR ASSISTANT PAYMASTER, IN A SHIP AT SEA, OR ON A FOREIGN STATION, OR ON THE PACIFIC COAST OF THE UNITED STATES, BY APPOINTMENT OF THE SENIOR OFFICER PRESENT, IN CASE OF VACANCY OF SUCH OFFICE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THIRTEEN HUNDRED AND EIGHTY-ONE, AND NOT OTHERWISE, SHALL BE ENTITLED TO RECEIVE THE PAY OF SUCH GRADE WHILE SO ACTING.

A PERSON SERVING AS ACTING DISBURSING OFFICER UNDER SUCH APPOINTMENT IS ENTITLED TO THE PAY OF THE GRADE OF THE SUPPLY OFFICER IN WHOSE STEAD HE IS ACTING BUT WITHOUT INCREASE FOR LONGEVITY. THE LAW GIVES HIM NO RIGHT TO ALLOWANCES FOR SUCH SERVICES AND THE PERSON SO SERVING IS ENTITLED ONLY TO THE ALLOWANCES ATTACHED TO HIS PERMANENT OFFICE WHICH IS NOT CHANGED BY REASON OF THE ACTING APPOINTMENT. WEBSTER V. UNITED STATES, 28 CT.CLS. 25.DECISION A-5315, DECEMBER 3, 1924; A 44033, SEPTEMBER 13, 1932; 22 COMP. DEC. 171; 24 ID. 313. UNDER THE LAW THE PERSON SO ACTING IS ENTITLED TO PAY ASSIMILATED TO THAT OF THE GRADE OF THE COMMISSIONED OFFICER IN WHOSE STEAD HE IS ACTING. THE PAY PERIODS OF PERSONS WHOSE PAY IS ASSIMILATED TO THAT OF COMMISSIONED OFFICERS IS PROVIDED IN PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS FOLLOWS:

THE PROVISIONS OF THIS ACT SHALL APPLY EQUALLY TO THOSE PERSONS SERVING, NOT AS COMMISSIONED OFFICERS IN THE ARMY, OR IN THE OTHER SERVICES MENTIONED IN THE TITLE OF THIS ACT, BUT WHOSE PAY UNDER EXISTING LAW IS AN AMOUNT EQUIVALENT TO THAT OF A COMMISSIONED OFFICER OF ONE OF THE ABOVE GRADES, THOSE RECEIVING THE PAY OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT BEING CLASSIFIED AS IN THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS RESPECTIVELY.

THE SPECIFIC PAY PERIOD THUS PRESCRIBED FOR A MAJOR IN THE ARMY, LIEUTENANT COMMANDER IN THE NAVY, IS THE FOURTH PERIOD. ACCORDINGLY, PAY CLERK C. L. STOKES, WHILE ACTING UNDER THE APPOINTMENT IN QUESTION AS SUPPLY OFFICER ON THE U.S.S. SACRAMENTO INSTEAD OF LIEUTENANT COMMANDER ROBESON IS ENTITLED TO PAY OF THE FOURTH PAY PERIOD UNAFFECTED BY LONGEVITY--- THAT IS, PAY AT $3,000 PER ANNUM OR $250 PER MONTH.