A-89590, NOVEMBER 4, 1937, 17 COMP. GEN. 377

A-89590: Nov 4, 1937

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WHOSE APPOINTMENT AS ENSIGN WAS NOT ISSUED UNTIL MORE THAN 6 MONTHS FROM DATE OF HIS GRADUATION. IS ENTITLED TO CREDIT FOR SERVICE FOR LONGEVITY PAY PURPOSES ONLY FROM DATE OF ACCEPTANCE OF APPOINTMENT. IS ENTITLED TO CREDIT FOR SERVICES IN THE COMPUTATION OF HIS LONGEVITY PAY. THE RECORDS SHOW THAT LIEUTENANT MONROE WAS APPOINTED MIDSHIPMAN JUNE 21. WAS HONORABLY DISCHARGED ON GRADUATION. THAT HE WAS COMMISSIONED AN ENSIGN. HE WAS COMMISSIONED LIEUTENANT (JUNIOR GRADE) JUNE 23. THE QUESTION IS WHETHER LIEUTENANT MONROE'S COMMISSIONED SERVICE FOR LONGEVITY PURPOSES COMMENCED ON JULY 6. IT IS STATED IN THE SUBMISSION THAT LIEUTENANT MONROE BELIEVES HE RECEIVED THE PAY AND ALLOWANCES OF AN ENSIGN COMMENCING MAY 29.

A-89590, NOVEMBER 4, 1937, 17 COMP. GEN. 377

PAY - LONGEVITY - SERVICE CREDIT COMPUTATION - MIDSHIPMAN HONORABLY DISCHARGED ON GRADUATION AND NOT COMMISSIONED UNTIL MORE THAN 6 MONTHS THEREAFTER A MIDSHIPMAN HONORABLY DISCHARGED ON GRADUATION, WHOSE APPOINTMENT AS ENSIGN WAS NOT ISSUED UNTIL MORE THAN 6 MONTHS FROM DATE OF HIS GRADUATION, IS ENTITLED TO CREDIT FOR SERVICE FOR LONGEVITY PAY PURPOSES ONLY FROM DATE OF ACCEPTANCE OF APPOINTMENT, AND NOT FROM DATE OF RANK AS STATED IN THE COMMISSION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, NOVEMBER 4, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 12, 1937, REQUESTING DECISION ON THE QUESTION PRESENTED BY LT. J. C. BERNET (S.C.), UNITED STATES NAVY, AS TO THE CORRECT DATE FROM WHICH LT. (JR.GR.) HENRY STONE MONROE, UNITED STATES NAVY, IS ENTITLED TO CREDIT FOR SERVICES IN THE COMPUTATION OF HIS LONGEVITY PAY.

THE RECORDS SHOW THAT LIEUTENANT MONROE WAS APPOINTED MIDSHIPMAN JUNE 21, 1929, AND WAS HONORABLY DISCHARGED ON GRADUATION, JUNE 1, 1933; THAT HE WAS COMMISSIONED AN ENSIGN, UNITED STATES NAVY FROM MAY 29, 1934, WHICH COMMISSION HE ACCEPTED JULY 6, 1934. HE WAS COMMISSIONED LIEUTENANT (JUNIOR GRADE) JUNE 23, 1937, TO DATE FROM MAY 29, 1937. THE QUESTION IS WHETHER LIEUTENANT MONROE'S COMMISSIONED SERVICE FOR LONGEVITY PURPOSES COMMENCED ON JULY 6, 1934, DATE OF ACCEPTANCE OF APPOINTMENT AS ENSIGN, OR ON MAY 29, 1934, DATE OF RANK AS STATED IN THE COMMISSION. IT IS STATED IN THE SUBMISSION THAT LIEUTENANT MONROE BELIEVES HE RECEIVED THE PAY AND ALLOWANCES OF AN ENSIGN COMMENCING MAY 29, 1934. THE PAY ROLL RECORDS SHOW THAT HE WAS CREDITED PAY AS ENSIGN BEGINNING JULY 6, 1934.

SECTION 1560, REVISED STATUTES (34 U.S.C., SEC. 862), PROVIDES:

THE PAY OF AN OFFICER OF THE NAVY, UPON HIS ORIGINAL ENTRY INTO THE SERVICE, EXCEPT WHERE HE IS REQUIRED TO GIVE AN OFFICIAL BOND, SHALL COMMENCE UPON THE DATE OF HIS ACCEPTANCE OF HIS APPOINTMENT; BUT WHERE HE IS REQUIRED TO GIVE SUCH BOND HIS PAY SHALL COMMENCE UPON THE DATE OF THE APPROVAL OF HIS BOND BY THE PROPER AUTHORITY.

AN EXCEPTION TO THIS PROVISION WAS CREATED BY THE ACT OF MARCH 3, 1893, 27 STAT. 715, AS MODIFIED BY THE ACT OF JULY 1, 1902, 32 STAT. 686 (34 U.S.C., SEC. 863), PROVIDING:

EVERY MIDSHIPMAN WHO HAS HERETOFORE GRADUATED OR MAY HEREAFTER GRADUATE FROM THE NAVAL ACADEMY, AND WHO HAS BEEN OR MAY HEREAFTER BE COMMISSIONED, WITHIN SIX MONTHS AFTER SUCH GRADUATION, AN OFFICER IN THE NAVY OR MARINE CORPS OF THE UNITED STATES, UNDER THE LAWS APPOINTING SUCH GRADUATE TO THE NAVY OR MARINE CORPS, SHALL BE ALLOWED THE PAY OF THE GRADE IN WHICH HE MAY BE SO COMMISSIONED FROM THE DATE HE TAKES RANK AS STATED IN HIS COMMISSION TO THE DATE OF QUALIFICATION AND ACCEPTANCE OF HIS COMMISSION.

THE APPOINTMENT OF LIEUTENANT MONROE AS ENSIGN WAS MADE UNDERAUTHORITY OF SECTION 5 OF THE ACT OF MAY 29, 1934, 48 STAT. 814, 815, AS FOLLOWS:

THAT THE PRESIDENT OF THE UNITED STATES IS AUTHORIZED, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO APPOINT AS ENSIGNS IN THE LINE OF THE NAVY ALL MIDSHIPMEN WHO IN 1934 AND HEREAFTER GRADUATE FROM THE NAVAL ACADEMY: PROVIDED, THAT ALL FORMER MIDSHIPMEN GRADUATED IN 1933 WHO RECEIVED A CERTIFICATE OF GRADUATION AND HONORABLE DISCHARGE AND WHETHER THEY HAVE SINCE BEEN MARRIED OR NOT MAY, UPON THEIR OWN APPLICATION, IF PHYSICALLY QUALIFIED, AND UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, BE APPOINTED AS ENSIGNS PRIOR TO AUGUST 1, 1934, BY THE PRESIDENT AND SHALL TAKE RANK NEXT AFTER THE JUNIOR ENSIGN APPOINTED IN 1933 AND AMONG THEMSELVES IN ACCORDANCE WITH THEIR PROFICIENCY AS SHOWN BY THE ORDER OF MERIT AT DATE OF GRADUATION: * * *

SINCE LIEUTENANT MONROE'S APPOINTMENT AS ENSIGN WAS NOT ISSUED UNTIL OVER 6 MONTHS FROM DATE OF HIS GRADUATION IT DOES NOT COME WITHIN THE PROVISIONS OF THE ACT OF MARCH 3, 1893, 27 STAT. 715 (34 U.S.C., SEC. 863). LIEUTENANT MONROE'S APPOINTMENT AS ENSIGN BEING AN ORIGINAL ENTRY INTO THE SERVICE IN A COMMISSIONED GRADE HIS LONGEVITY RIGHTS COME WITHIN SECTION 1560, REVISED STATUTES. 13 COMP. DEC. 606. ACCORDINGLY, HIS SERVICE FOR LONGEVITY PAY PURPOSES COMMENCED ON JULY 6, 1934, THE DATE HE ACCEPTED APPOINTMENT AS ENSIGN.