A-61191, MAY 1, 1935, 14 COMP. GEN. 805

A-61191: May 1, 1935

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IS ENTITLED TO PAY OF THE THIRD PERIOD NOTWITHSTANDING A DISQUALIFICATION IN THE FIRST 6 YEARS OF WARRANT SERVICE SUSPENDED HIM FROM PROMOTION TO A COMMISSIONED WARRANT OFFICER FOR 1 YEAR UNDER THE 1926 ACT. EURTON'S SERVICE AS SHOWN IN THE SUBMISSION IS AS FOLLOWS: 2. WHEN HIS APPOINTMENT WAS REVOKED AND HE REVERTED TO HIS ENLISTED STATUS. HE WAS DISCHARGED FROM HIS ENLISTED STATUS AND ON AUGUST 1. THAT HE WAS APPOINTED A CHIEF MARINE GUNNER AUGUST 29. IS STILL SERVING IN THAT CAPACITY. IT IS ALSO STATED THAT ON EXAMINATION FOR PROMOTION UNDER THE ACT OF JUNE 10. TO THE GRADE OF COMMISSIONED WARRANT OFFICER EURTON WAS FOUND NOT MORALLY QUALIFIED AND WAS SUSPENDED FROM PROMOTION FOR 1 YEAR AND LOST 1 YEAR'S SENIORITY FROM JUNE 10.

A-61191, MAY 1, 1935, 14 COMP. GEN. 805

PAY - CHIEF WARRANT OFFICER - MARINE CORPS UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1929, 45 STAT. 1180, A CHIEF WARRANT OFFICER OF THE MARINE CORPS BY REASON OF THE ACT OF JUNE 10, 1926, 44 STAT. 725, ASSIMILATING THE "PAY, ALLOWANCES, AND OTHER BENEFITS" TO THAT OF A COMMISSIONED WARRANT OFFICER OF THE NAVY, ATTAINED THE CONSTRUCTIVE RANK OF A COMMISSIONED WARRANT OFFICER 6 YEARS FROM DATE OF COMPLETION OF THE SERVICE SPECIFIED IN THE PROVISO OF THE ACT OF JUNE 10, 1926, AND UPON COMPLETION OF 10 YEARS' COMMISSIONED WARRANT SERVICE AND THE ISSUANCE OF A CERTIFICATE OF CREDITABLE RECORD AS REQUIRED BY THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1187, IS ENTITLED TO PAY OF THE THIRD PERIOD NOTWITHSTANDING A DISQUALIFICATION IN THE FIRST 6 YEARS OF WARRANT SERVICE SUSPENDED HIM FROM PROMOTION TO A COMMISSIONED WARRANT OFFICER FOR 1 YEAR UNDER THE 1926 ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 1, 1935:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT OF MARCH 29, 1935, TRANSMITTING THE APPLICATION OF CHIEF MARINE GUNNER CHARLES H. EURTON, UNITED STATES MARINE CORPS, FOR CERTIFICATE OF CREDITABLE RECORD FOR PURPOSES OF PAY AFTER COMPLETING 10 YEARS' COMMISSIONED SERVICE.

EURTON'S SERVICE AS SHOWN IN THE SUBMISSION IS AS FOLLOWS:

2. THE RECORDS OF THIS OFFICE SHOW THAT CHARLES H. EURTON, THEN AN ENLISTED MAN IN THE MARINE CORPS, ACCEPTED A TEMPORARY APPOINTMENT AS MARINE GUNNER OCTOBER 24, 1917, WITH RANK FROM OCTOBER 19, 1917 (RETAINING HIS PERMANENT ENLISTED STATUS), AND THAT HE SERVED AS A TEMPORARY MARINE GUNNER UNTIL AUGUST 23, 1919, WHEN HIS APPOINTMENT WAS REVOKED AND HE REVERTED TO HIS ENLISTED STATUS; THAT ON JULY 31, 1921, HE WAS DISCHARGED FROM HIS ENLISTED STATUS AND ON AUGUST 1, 1921 ACCEPTED PERMANENT APPOINTMENT AS MARINE GUNNER, WITH RANK FROM MAY 18, 1921; THAT HE WAS APPOINTED A CHIEF MARINE GUNNER AUGUST 29, 1928, WITH RANK FROM JUNE 10, 1927, AND IS STILL SERVING IN THAT CAPACITY.

IT IS ALSO STATED THAT ON EXAMINATION FOR PROMOTION UNDER THE ACT OF JUNE 10, 1926 (44 STAT. 725), TO THE GRADE OF COMMISSIONED WARRANT OFFICER EURTON WAS FOUND NOT MORALLY QUALIFIED AND WAS SUSPENDED FROM PROMOTION FOR 1 YEAR AND LOST 1 YEAR'S SENIORITY FROM JUNE 10, 1926. YOU REQUEST DECISION WHETHER IN COMPUTING THE TEN-YEAR PERIOD OF COMMISSIONED WARRANT SERVICE FROM CONSTRUCTIVE DATA OF RANK AS ALLOWED UNDER THE ACT OF FEBRUARY 15, 1929 (45 STAT. 1180), CHIEF MARINE GUNNER EURTON MAY COUNT FOR SUCH PURPOSES THE 1-YEAR PERIOD FROM JUNE 10, 1926, TO JUNE 10, 1927, DURING WHICH HE LOST SENIORITY AS A COMMISSIONED WARRANT OFFICER BECAUSE OF MORAL FAILURE ON EXAMINATION FOR PROMOTION TO CHIEF MARINE GUNNER; AND, SPECIFICALLY, WHETHER EURTON WILL COMPLETE 10 YEARS' COMMISSIONED WARRANT SERVICE FOR PAY PURPOSES ON JULY 12, 1935, OR ON JULY 12, 1936.

THE ACT OF JUNE 10, 1926 (44 STAT. 725), PROVIDES:

THAT THE COMMISSIONED WARRANT GRADES OF CHIEF MARINE GUNNER, CHIEF QUARTERMASTER CLERK, AND CHIEF PAY CLERK IN THE MARINE CORPS ARE HEREBY ESTABLISHED, AND THAT MARINE GUNNERS, QUARTERMASTER CLERKS, AND PAY CLERKS SHALL AFTER SIX YEARS FROM THE DATE OF WARRANT BE COMMISSIONED CHIEF MARINE GUNNERS, CHIEF QUARTERMASTER CLERKS, AND CHIEF PAY CLERKS, RESPECTIVELY, AFTER PASSING SATISFACTORILY SUCH EXAMINATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, AND WHEN SO COMMISSIONED THEY SHALL HAVE THE SAME RANK PAY, ALLOWANCES, AND OTHER BENEFITS AS NOW OR MAY HEREAFTER BE ALLOWED COMMISSIONED WARRANT OFFICERS OF THE NAVY: PROVIDED, THAT FOR THE PURPOSE OF COMPUTING THE 6-YEAR PERIOD OF SERVICE REQUIRED FOR PROMOTION FROM WARRANT TO CHIEF WARRANT RANK, ALL SERVICE AS PAY CLERK, WARRANT OFFICER, AND COMMISSIONED OFFICER IN THE MARINE CORPS AND ALL ACTIVE SERVICE FOR PURPOSES OTHER THAN TRAINING RENDERED DURING THE PERIOD FROM APRIL 6, 1917, TO DECEMBER 31, 1921, UNDER A TEMPORARY APPOINTMENT AS A PAY CLERK, WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES MARINE CORPS, OR AS A PAY CLERK, WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES MARINE CORPS RESERVE, SHALL BE COUNTED: * * *

THE ABOVE PROVISION ASSIMILATING THE "PAY, ALLOWANCES, AND OTHER BENEFITS" OF SUCH OFFICERS TO THAT OF COMMISSIONED WARRANT OFFICERS OF THE NAVY ENTITLES THEM TO COMPUTE COMMISSIONED SERVICE FROM THE CONSTRUCTIVE DATE THEY COMPLETE 6 YEARS' WARRANT SERVICE AS PROVIDED IN THE ACT OF FEBRUARY 15, 1929 (45 STAT. 1180), FOR COMMISSIONED WARRANT OFFICERS OF THE NAVY, COUVERETTE V. UNITED STATES, 76 CT.CLS. 746, AND THE QUESTION PRESENTED IS WHETHER BY REASON OF FAILURE TO QUALIFY MORALLY WHICH RESULTED IN SUSPENSION OF PROMOTION FOR 1 YEAR FROM THE EFFECTIVE DATE OF THE ACT OF JUNE 10, 1926, CHIEF MARINE GUNNER EURTON CONSTRUCTIVELY ATTAINED THE RANK OF A CHIEF WARRANT OFFICER UPON THE COMPLETION OF 6 YEARS OF SERVICE AUTHORIZED TO BE COUNTED BY THE ACT OF FEBRUARY 15, 1929, OR WHETHER SUCH DELAY IN PROMOTION IS EFFECTIVE TO RETARD THE BEGINNING OF COMMISSIONED WARRANT OFFICERS' SERVICE 1 YEAR.

UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1926, THE EARLIEST POSSIBLE DATE UPON WHICH EURTON COULD HAVE ATTAINED THE RANK OF CHIEF WARRANT OFFICER BASED UPON HIS TEMPORARY AND PERMANENT WARRANT-OFFICER SERVICE WAS THE DATE OF THE ACT; CONTINGENT, OF COURSE, UPON PASSING SATISFACTORILY SUCH EXAMINATION AS THE SECRETARY OF THE NAVY PRESCRIBES; AND AS THE LAW THEN STOOD HIS FAILURE TO MORALLY QUALIFY POSTPONED THE BEGINNING OF HIS CHIEF WARRANT-OFFICER SERVICE UNTIL THE EFFECTIVE DATE OF HIS PROMOTION, JUNE 10, 1927. TOULON V. UNITED STATES, 51 CT.CLS. 87, 4 COMP. GEN. 961, AND CASES THEREIN CITED.

THE ACT OF FEBRUARY 15, 1929 (45 STAT. 1180), PROVIDES:

THAT FOR THE PURPOSE OF COMPUTING THE SIX YEARS' SERVICE REQUIRED FOR PROMOTION FROM WARRANT TO CHIEF WARRANT RANK, ALL ACTIVE SERVICE, FOR PURPOSES OTHER THAN TRAINING HERETOFORE RENDERED DURING THE PERIOD FROM APRIL 6, 1917, TO DECEMBER 31, 1921, UNDER A TEMPORARY APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES NAVY, OR AS A WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES NAVAL RESERVE FORCE, SHALL BE COUNTED: PROVIDED, THAT OFFICERS WHO HAVE HERETOFORE BEEN COMMISSIONED CHIEF WARRANT OFFICERS SHALL FOR ALL PURPOSES BE REGARDED AS HAVING BEEN SO COMMISSIONED FROM THE DATE OF COMPLETION OF SUCH SIX YEARS' SERVICE INCLUDING THE SERVICE AUTHORIZED TO BE COUNTED BY THIS ACT: PROVIDED FURTHER, THAT NO BACK PAY OR ALLOWANCES SHALL BE HELD TO HAVE ACCRUED PRIOR TO THE PASSAGE OF THIS ACT.

EURTON WAS A COMMISSIONED WARRANT OFFICER AT THE DATE OF PASSAGE OF THE ACT OF FEBRUARY 15, 1929, AND UNDER THE EXPRESS TERMS OF THE FIRST PROVISOHE WAS ENTITLED TO BE REGARDED AS HAVING BEEN SO COMMISSIONED FROM THE DATE OF COMPLETION OF SUCH 6 YEARS' SERVICE.

ACCORDING TO THE RECORD SUBMITTED, EURTON COMPLETED 1 YEAR, 10 MONTHS, AND 5 DAYS AS TEMPORARY MARINE GUNNER DURING THE PERIOD OCTOBER 19, 1917, TO AUGUST 23, 1919. HAVING BEEN APPOINTED A PERMANENT MARINE GUNNER FROM AN ENLISTED STATUS WITH RANK FROM MAY 18, 1921, HE COMPLETED THE DIFFERENCE BETWEEN THE TIME SERVED AS TEMPORARY MARINE GUNNER AND SIX YEARS' SERVICE (4 YEARS, 1 MONTH, AND 25 DAYS), ON JULY 12, 1925. COUVERETTE CASE, SUPRA.

ACCORDINGLY, YOU ARE ADVISED THAT UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1929, CHIEF MARINE GUNNER EURTON ATTAINED THE CONSTRUCTIVE RANK OF A COMMISSIONED WARRANT OFFICER ON JULY 12, 1925, AND WILL HAVE COMPLETED 10 YEARS' COMMISSIONED WARRANT SERVICE JULY 12, 1935, HIS RIGHT TO PAY OF THE THIRD PERIOD, OF COURSE, BEING SUBJECT TO THE DEPARTMENT'S CONSIDERATION OF HIS RIGHT TO AND THE ISSUANCE OF A CERTIFICATE OF CREDITABLE RECORD AS REQUIRED BY THE ACT OF FEBRUARY 16, 1929.