A-72022, MARCH 19, 1936, 15 COMP. GEN. 824

A-72022: Mar 19, 1936

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IS ENTITLED TO RETIRED PAY BASED ON ACTIVE DUTY PAY OF A REAR ADMIRAL. THE DATE ON WHICH HE WAS TRANSFERRED TO THE RETIRED LIST OF THE NAVY UNDER ORDERS OF DECEMBER 6. YOU WILL. IT IS STATED IN THE SUBMISSION THAT: THE RUNNING MATE OF REAR ADMIRAL BELL. WAS ADVANCED TO THE RANK OF A REAR ADMIRAL. - ACTIVE LIST PRIOR TO 1 JANUARY 1936 AND IS NOW RECEIVING THE PAY OF THIS RANK. THAT SUCH OFFICERS OF THE ARMY AND NAVY AS WERE DETAILED FOR DUTY WITH THE ISTHMIAN CANAL COMMISSION ON THE ISTHMUS OF PANAMA FOR MORE THAN THREE YEARS. WHO SHALL NOT HAVE BEEN ADVANCED IN RANK BY ANY OTHER PROVISION OF THE BILL. BE RETIRED BY THE PRESIDENT AT SEVENTY-FIVE PERCENTUM OF THE PAY OF THE RANK UPON WHICH HE IS RETIRED.

A-72022, MARCH 19, 1936, 15 COMP. GEN. 824

RETIRED PAY - NAVY OFFICERS - SERVICE WITH ISTHMIAN CANAL COMMISSION A CAPTAIN OF THE NAVY ADVANCED TO THE RANK OF REAR ADMIRAL UPON RETIREMENT UNDER THE PROVISIONS OF SECTIONS 3 AND 6 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1190, IS ENTITLED TO RETIRED PAY BASED ON ACTIVE DUTY PAY OF A REAR ADMIRAL, LOWER HALF.

COMPTROLLER GENERAL MCCARL TO LT. COMDR. W. PRIOR, UNITED STATES NAVY, MARCH 19, 1936:

BY DIRECTION OF THE SECRETARY OF THE NAVY, IN THIRD ENDORSEMENT, MARCH 5, 1936, THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION RELATIVE TO THE RIGHT OF REAR ADMIRAL WILLIAM HEMPHILL BELL, MEDICAL CORPS, UNITED STATES NAVY, RETIRED, TO RETIRED PAY AT THE RATE OF THREE-FOURTHS OF THE PAY OF A REAR ADMIRAL OF THE UPPER HALF, EFFECTIVE FROM JANUARY 1, 1936, THE DATE ON WHICH HE WAS TRANSFERRED TO THE RETIRED LIST OF THE NAVY UNDER ORDERS OF DECEMBER 6, 1935, AS FOLLOWS: FROM: THE SECRETARY OF THE NAVY. TO: CAPTAIN WILLIAM H. BELL, MEDICAL CORPS, U.S.N., WARDMAN PARK

HOTEL, APT. 789, WASHINGTON, D.C. SUBJECT: TRANSFER TO THE RETIRED LIST, ACT OF 4 MARCH 1915. REFERENCE: (A) YOUR LETTER DATED 29 OCTOBER 1935.

1. YOUR REQUEST TO BE TRANSFERRED TO THE RETIRED LIST OF OFFICERS OF THE NAVY, UNDER THE PROVISIONS OF THE ACT OF CONGRESS APPROVED 4 MARCH 1915, HAS BEEN APPROVED BY THE PRESIDENT OF THE UNITED STATES, EFFECTIVE 1 JANUARY 1936.

2. YOU WILL, THEREFORE, ON 1 JANUARY 1936 REGARD YOURSELF AS HAVING BEEN TRANSFERRED TO THE RETIRED LIST, FROM THAT DATE WITH THE RANK OF REAR ADMIRAL, MEDICAL CORPS, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1027, TITLE 10, OF THE ABOVE NAMED ACT.

3. THE DEPARTMENT REGRETS YOUR RETIREMENT FROM ACTIVE SERVICE AND TAKES THIS OCCASION TO EXTEND TO YOU ITS APPRECIATION FOR YOUR LONG AND FAITHFUL SERVICE TO OUR NATION, AND WISHES YOU MANY YEARS OF HEALTH AND HAPPINESS.

4. PLEASE ACKNOWLEDGE RECEIPT.

(SIGNED) CLAUDE A. SWANSON.

IT IS STATED IN THE SUBMISSION THAT:

THE RUNNING MATE OF REAR ADMIRAL BELL, REAR ADMIRAL A. W. MARSHALL, U.S.N., WAS ADVANCED TO THE RANK OF A REAR ADMIRAL--- UPPER HALF--- ACTIVE LIST PRIOR TO 1 JANUARY 1936 AND IS NOW RECEIVING THE PAY OF THIS RANK.

THE ACT OF MARCH 4, 1915, 38 STAT. 1190 (SECS. 1027, 1028, TITLE 10, U.S. CODE) RECOGNIZES THE SERVICES OF CERTAIN OFFICERS OF THE ARMY, NAVY, AND PUBLIC HEALTH SERVICE IN CONNECTION WITH THE CONSTRUCTION OF THE PANAMA CANAL. THE FIRST SECTION THEREOF EXTENDS THE THANKS OF CONGRESS TO CERTAIN MEMBERS OF THE CANAL COMMISSION BY NAME FOR DISTINGUISHED SERVICE IN CONSTRUCTION OF THE CANAL. SECTION 2 AUTHORIZES THE PRESIDENT, WITH THE ADVICE AND CONSENT OF THE SENATE, TO ADVANCE IN RANK THE OFFICERS NAMED IN SECTION 1. SECTIONS 3 AND 6 OF THAT ACT PROVIDE AS FOLLOWS:

SEC. 3. THAT SUCH OFFICERS OF THE ARMY AND NAVY AS WERE DETAILED FOR DUTY WITH THE ISTHMIAN CANAL COMMISSION ON THE ISTHMUS OF PANAMA FOR MORE THAN THREE YEARS, AND WHO SHALL NOT HAVE BEEN ADVANCED IN RANK BY ANY OTHER PROVISION OF THE BILL, SHALL BE ADVANCED ONE GRADE IN RANK UPON RETIREMENT: PROVIDED, THAT ANY OFFICER OF THE ARMY AND NAVY NOW ON THE RETIRED LIST WITH SIMILAR SERVICE SHALL BE IMMEDIATELY ADVANCED ONE GRADE IN RANK ON THE RETIRED LIST OF THE ARMY OR NAVY.

SEC. 6. THAT AT ANY TIME AFTER THE PASSAGE OF THIS ACT ANY OFFICER OF THE ARMY OR NAVY TO BE BENEFITED BY THE PROVISIONS OF THIS ACT MAY, ON HIS OWN APPLICATION, BE RETIRED BY THE PRESIDENT AT SEVENTY-FIVE PERCENTUM OF THE PAY OF THE RANK UPON WHICH HE IS RETIRED.

SECTION 18 OF THE ACT OF JUNE 10, 1926, 44 STAT. 717, PROVIDES:

ALL STAFF OFFICERS OF THE RANK OF REAR ADMIRAL NOW ON THE ACTIVE LIST WHO ARE NOT NOW RECEIVING THE PAY AND ALLOWANCES OF THE UPPER HALF OF SUCH RANK, AND ALL STAFF OFFICERS WHO MAY HEREAFTER BE ADVANCED TO THE RANK OF REAR ADMIRAL ON THE ACTIVE LIST, SHALL RECEIVE THE PAY AND ALLOWANCES PRESCRIBED BY LAW FOR REAR ADMIRALS OF THE UPPER HALF FROM THE DATE ON WHICH THEIR RESPECTIVE RUNNING MATES BECAME ENTITLED OR SHALL HEREAFTER BECOME ENTITLED TO SUCH PAY AND ALLOWANCES: PROVIDED, THAT NO STAFF OFFICER SHALL BECOME BY VIRTUE OF THIS ACT ENTITLED TO ANY INCREASED PAY OR ALLOWANCES PRIOR TO THE DATE OF THIS ACT.

THIS PROVISION APPLIES ONLY TO STAFF OFFICERS ADVANCED BY SELECTION TO THE RANK OF REAR ADMIRAL ON THE ACTIVE LIST, AND HAS NO APPLICATION TO AN OFFICER ADVANCED TO THAT GRADE AND RANK UPON RETIREMENT ON ACCOUNT OF SERVICE WITH THE ISTHMIAN CANAL COMMISSION, ON THE ISTHMUS OF PANAMA.

SECTION 8 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, PROVIDES:

THAT COMMENCING JULY 1, 1922, THE ANNUAL BASE PAY OF A BRIGADIER GENERAL OF THE ARMY AND OF THE MARINE CORPS, REAR ADMIRAL (LOWER HALF) OF THE NAVY, COMMODORE OF THE NAVY, AND SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE SHALL BE $6,000; AND THE ANNUAL BASE PAY OF A MAJOR GENERAL OF THE ARMY AND OF THE MARINE CORPS, AND REAR ADMIRAL (UPPER HALF) OF THE NAVY SHALL BE $8,000. * * *

THE RANK OF CAPTAIN IN THE NAVY CORRESPONDS TO THE RANK OF COLONEL IN THE ARMY. THE RANK IMMEDIATELY ABOVE COLONEL IN THE ARMY IS BRIGADIER GENERAL. A COLONEL IN THE ARMY ADVANCED TO THE RANK OF BRIGADIER GENERAL UPON RETIREMENT, UNDER THE ACT OF MARCH 4, 1915, WOULD BE ENTITLED TO RETIRED PAY BASED ON THE ACTIVE DUTY PAY PRESCRIBED IN SECTION 8 OF THE ACT OF JUNE 10, 1922, FOR BRIGADIER GENERAL OR A REAR ADMIRAL, LOWER HALF ($6,000). A CAPTAIN OF THE NAVY ADVANCED TO THE GRADE OF REAR ADMIRAL UPON RETIREMENT UNDER PROVISIONS OF THE ACT OF MARCH 4, 1915, IS ADVANCED ONE GRADE TO THE RANK OF REAR ADMIRAL, LOWER HALF, AND IS ENTITLED TO RETIRED PAY BASED ON THE ACTIVE DUTY PAY OF A REAR ADMIRAL, LOWER HALF ($6,000).

THE SUBMISSION DOES NOT SHOW ANY ACTUAL SERVICE OF REAR ADMIRAL BELL WITH THE ISTHMIAN CANAL COMMISSION ON THE ISTHMUS OF PANAMA. INFORMAL INFORMATION FROM THE PANAMA CANAL IS THAT HE SERVED AS SUPERINTENDENT OF THE COLON HOSPITAL UNDER THE ISTHMIAN CANAL COMMISSION UNDER DETAIL FROM THE NAVY FROM MARCH 7, 1910, TO DECEMBER 2, 1912; ALSO THAT UNDER NAVY ORDERS HE WAS ON DUTY WITH A DETACHMENT OF MARINES AT EMPIRE ON THE ISTHMUS OF PANAMA JULY 19 TO DECEMBER 22, 1904, BUT HE WAS NOT, DURING THIS PERIOD DETAILED FOR DUTY WITH THE ISTHMIAN CANAL COMMISSION. WHETHER THAT SERVICE QUALIFIES HIM FOR RETIREMENT UNDER SECTIONS 3 AND 6 OF THE ACT OF MARCH 4, 1915, IS NOT HEREIN DETERMINED.

YOU ARE ADVISED HOWEVER, THAT IF PROPERLY QUALIFIED BY SERVICE AS REQUIRED BY SECTION 3 OF THE ACT OF MARCH 4, 1915, REAR ADMIRAL BELL, FROM THE DATE OF HIS RETIREMENT JANUARY 1, 1936, IS ENTITLED UNDER SECTION 6 THEREOF, ONLY TO THREE-FOURTHS OF $6,000, THE ANNUAL ACTIVE DUTY PAY OF A REAR ADMIRAL OF THE LOWER HALF AND OF A CAPTAIN OF 30 OR MORE YEARS OF SERVICE.