A-9156, MAY 5, 1925, 4 COMP. GEN. 924

A-9156: May 5, 1925

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ALL RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE NAVY AND MARINE CORPS ARE ENTITLED TO CREDIT FOR ALL ACTIVE SERVICE BETWEEN APRIL 6. IN THE COMPUTATION OF THEIR LONGEVITY PAY ON THE RETIRED LIST EXCLUDING FROM SUCH COMPUTATION ANY SERVICE BETWEEN THE DATES NAMED WHICH WAS CREDITED FOR PROMOTION ON THE RETIRED LIST UNDER THE ACT OF JULY 1. 1925: I HAVE YOUR LETTER OF APRIL 15. IS IN CONFORMITY WITH LAW. THE PROPOSED CHANGE IN INSTRUCTIONS IS BASED ON THE PROVISIONS OF SECTION 3 OF THE ACT OF MARCH 4. BY REASON OF THIS PROVISION IT IS PROPOSED TO CHANGE SECTION H OF THE PAY -BILL INSTRUCTIONS BY ADDING THERETO SUBPARAGRAPH (N) ON PAGE H2. ALL RETIRED COMMISSIONED AND WARRANT OFFICERS WHO WERE RETIRED PRIOR TO MARCH 3.

A-9156, MAY 5, 1925, 4 COMP. GEN. 924

NAVY PAY - ACTIVE SERVICE AFTER RETIREMENT BY VIRTUE OF SECTION 3 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1271, ALL RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE NAVY AND MARINE CORPS ARE ENTITLED TO CREDIT FOR ALL ACTIVE SERVICE BETWEEN APRIL 6, 1917, AND MARCH 3, 1921, IN THE COMPUTATION OF THEIR LONGEVITY PAY ON THE RETIRED LIST EXCLUDING FROM SUCH COMPUTATION ANY SERVICE BETWEEN THE DATES NAMED WHICH WAS CREDITED FOR PROMOTION ON THE RETIRED LIST UNDER THE ACT OF JULY 1, 1918, 40 STAT. 717.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 5, 1925:

I HAVE YOUR LETTER OF APRIL 15, 1925, SUBMITTING PROPOSED CHANGE IN SECTION H OF THE ,INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF JUNE 10, 1922," WITH REQUEST FOR AN EXPRESSION OF VIEWS AS TO WHETHER THE CHANGE, IN SO FAR AS IT INVOLVES DISBURSEMENTS, IS IN CONFORMITY WITH LAW.

THE PROPOSED CHANGE IN INSTRUCTIONS IS BASED ON THE PROVISIONS OF SECTION 3 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1271:

THAT ALL RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE UNITED STATES NAVY AND MARINE CORPS, WHO SERVED ON ACTIVE DUTY IN THE NAVY AND MARINE CORPS OF THE UNITED STATES DURING THE WORLD WAR SHALL BE CREDITED WITH ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT DURING THE PERIOD FROM APRIL 6, 1917, TO MARCH 3, 1921, IN THE COMPUTATION OF THEIR LONGEVITY PAY.

BY REASON OF THIS PROVISION IT IS PROPOSED TO CHANGE SECTION H OF THE PAY -BILL INSTRUCTIONS BY ADDING THERETO SUBPARAGRAPH (N) ON PAGE H2, UNDER THE CAPTION "THE RETIRED-LIST OFFICERS," AS FOLLOWS:

ALL RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE UNITED STATES NAVY AND MARINE CORPS WHO SERVED ON ACTIVE DUTY IN THE NAVY AND MARINE CORPS OF THE UNITED STATES DURING THE WORLD WAR SHALL BE CREDITED WITH ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT DURING THE PERIOD FROM APRIL 6, 1917, TO MARCH 3, 1921, IN THE COMPUTATION OF THEIR LONGEVITY PAY. (ACT OF MARCH 4, 1925.) UNDER THIS PROVISION, ALL RETIRED COMMISSIONED AND WARRANT OFFICERS WHO WERE RETIRED PRIOR TO MARCH 3, 1921, ARE ENTITLED TO COUNT ACTIVE DUTY PERFORMED SINCE RETIREMENT FROM APRIL 6, 1917, TO MARCH 3, 1921, IN COMPUTING THEIR RETIRED PAY.

UNDER THE ACT OF JULY 1, 1918, 40 STAT. 717, RETIRED COMMISSIONED AND WARRANT OFFICERS ORDERED TO ACTIVE DUTY DURING THE EXISTENCE OF WAR OR NATIONAL EMERGENCY ARE ENTITLED WITHIN CERTAIN GRADES TO PROMOTION ON THE RETIRED LIST BY REASON OF SUCH ACTIVE SERVICE, AND WERE ENTITLED TO LONGEVITY INCREASE OF SUCH ADVANCED GRADE FOR ACTIVE DUTY PERFORMED SUBSEQUENT TO RETIREMENT. 25 COMP. DEC. 601; 26 ID. 409.

IT IS EVIDENT THAT THE SUBJECT MATTER OF THE ACT OF MARCH 4, 1925, IS SERVICE THAT SHALL BE COUNTED ON THE RETIRED LIST, AND THAT IT MAKES FURTHER EXCEPTION TO THE GENERAL RULE THAT OFFICERS OF THE NAVY ARE NOT ENTITLED TO CREDIT ON THE RETIRED LIST FOR ACTIVE SERVICE PERFORMED AFTER RETIREMENT, AND CONFERS ON ALL COMMISSIONED AND WARRANT OFFICERS OF THE NAVY AND MARINE CORPS WHO PERFORMED ACTIVE DUTY IN SAID SERVICES DURING THE PERIOD FROM APRIL 6, 1917, TO MARCH 3, 1921, RIGHT TO CREDIT FOR SUCH ACTIVE SERVICE IN THE COMPUTATION OF THEIR LONGEVITY PAY ON THE RETIRED LIST, BUT IT DOES NOT AUTHORIZE A DOUBLE LONGEVITY CREDIT TO ANY OFFICERS WHO WERE PROMOTED ON THE RETIRED LIST UNDER THE ACT OF JULY 1, 1918. THE PARAGRAPH SHOULD BE AMPLIFIED BY ADDING---

BUT THERE SHOULD BE EXCLUDED FROM THE COMPUTATION ANY SERVICE BETWEEN THE DATES NAMED WHICH WAS CREDITED ON PROMOTION ON THE RETIRED LIST UNDER THE ACT OF JULY 1, 1918.

OTHERWISE, THE PROPOSED CHANGE IN THE INSTRUCTIONS SEEMS TO BE IN CONFORMITY WITH THE LAW.