B-104705, OCTOBER 2, 1951, 31 COMP. GEN. 121

B-104705: Oct 2, 1951

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1951: REFERENCE IS MADE TO YOUR LETTER OF JULY 19. IT IS STATED IN YOUR LETTER THAT THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949. IT IS STATED THAT ALTHOUGH THE CAREER COMPENSATION ACT OF 1949 COVERS THE FIELD OF PAY. NO MENTION IS MADE THEREIN RESPECTING SERVICE WHICH IS CREDITABLE IN DETERMINING ELIGIBILITY FOR VOLUNTARY RETIREMENT. 1948 (WHICH WAS REPEALED BY SECTION 531 (B) (41) OF THE CAREER COMPENSATION ACT OF 1949. COAST GUARD WHICH IS NOW OR HEREAFTER MAY BE AUTHORIZED BY LAW TO BE COUNTED FOR THE PURPOSE OF RETIREMENT OF AN OFFICER OF THOSE SERVICES. COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS NOW ARE OR HEREAFTER MAY BE PRESCRIBED FOR OFFICERS OF THE NAVY WITH WHOM THEY HOLD RELATIVE RANK AS PRESCRIBED IN THE ACT OF MAY 22.

B-104705, OCTOBER 2, 1951, 31 COMP. GEN. 121

RETIREMENT - RETIRED PAY - COAST AND GEODETIC SURVEY OFFICERS - COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948 IN VIEW OF THE PROVISION IN SECTION 502 OF THE CAREER COMPENSATION ACT OF 1949, AUTHORIZING ,ACTIVE SERVICE COUNTED ON JUNE 30, 1922, FOR LONGEVITY PAY," TO BE CREDITED TO COMMISSIONED OFFICERS FOR PURPOSES OF RETIREMENT, OFFICERS OF THE COAST AND GEODETIC SURVEY MAY, UNDER SECTION 13 OF THE COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948, COUNT ACTIVE ENLISTED SERVICE IN THE ARMY IN 1917-1919 IN DETERMINING ELIGIBILITY FOR RETIREMENT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF COMMERCE, OCTOBER 2, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1951, REQUESTING DECISION WHETHER A COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY MAY COUNT ACTIVE ENLISTED SERVICE IN THE ARMY IN 1917-1919 IN DETERMINING ELIGIBILITY FOR RETIREMENT UNDER SECTION 13 OF THE COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948, PUBLIC LAW 587, APPROVED JUNE 3, 1948, 62 STAT. 299, 33 U.S.C. 853L WHICH PROVIDES THAT ANY COMMISSIONED OFFICER WHO HAS COMPLETED THIRTY YEARS' SERVICE MAY, UPON HIS OWN APPLICATION, IN THE DISCRETION OF THE PRESIDENT, BE PLACED ON THE RETIRED LIST.

IT IS STATED IN YOUR LETTER THAT THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, HAS RAISED CONSIDERABLE DOUBT AS TO THE SERVICE WHICH MAY BE INCLUDED IN DETERMINING ELIGIBILITY FOR VOLUNTARY RETIREMENT UNDER THE SAID SECTION 13 OF THE 1948 ACT. ALSO, IT IS STATED THAT ALTHOUGH THE CAREER COMPENSATION ACT OF 1949 COVERS THE FIELD OF PAY, ALLOWANCES AND PHYSICAL DISABILITY RETIREMENT AND DEFINES CREDITABLE SERVICE FOR EACH, NO MENTION IS MADE THEREIN RESPECTING SERVICE WHICH IS CREDITABLE IN DETERMINING ELIGIBILITY FOR VOLUNTARY RETIREMENT.

SECTION 15 OF THE SAID ACT OF JUNE 3, 1948 (WHICH WAS REPEALED BY SECTION 531 (B) (41) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 840), PROVIDED AS FOLLOWS:

SEC. 15. IN COMPUTING SERVICE FOR THE PURPOSE OF RETIREMENT OF A COMMISSIONED OFFICER, THERE SHALL BE INCLUDED, IN ADDITION TO ACTIVE COMMISSIONED SERVICE IN THE COAST AND GEODETIC SURVEY, ALL ACTIVE SERVICE COUNTED ON JUNE 30, 1922, FOR LONGEVITY PAY, SERVICE AS AUTHORIZED IN SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942 (56 STAT. 6), AND ALL SERVICE IN THE ARMY, NAVY, AIR FORCE, MARINE CORPS, AND COAST GUARD WHICH IS NOW OR HEREAFTER MAY BE AUTHORIZED BY LAW TO BE COUNTED FOR THE PURPOSE OF RETIREMENT OF AN OFFICER OF THOSE SERVICES.

SECTION 502 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 827, PROVIDES AS FOLLOWS:

SEC. 502. ACTIVE SERVICE IN THE COAST AND GEODETIC SURVEY AS DECK OFFICER OR JUNIOR ENGINEER AND ACTIVE SERVICE COUNTED ON JUNE 30, 1922, FOR LONGEVITY PAY, SHALL BE CREDITED TO COMMISSIONED OFFICERS AS ACTIVE COMMISSIONED SERVICE FOR PURPOSES OF PAY, ALLOWANCES, RETIREMENT, AND RETIREMENT PAY.

SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 603, PROVIDED AS FOLLOWS:

SEC. 11. THAT IN LIEU OF COMPENSATION NOW PRESCRIBED BY LAW, COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS NOW ARE OR HEREAFTER MAY BE PRESCRIBED FOR OFFICERS OF THE NAVY WITH WHOM THEY HOLD RELATIVE RANK AS PRESCRIBED IN THE ACT OF MAY 22, 1917, ENTITLED " AN ACT TO TEMPORARILY INCREASE THE COMMISSIONED AND WARRANT AND ENLISTED STRENGTH OF THE NAVY AND MARINE CORPS, AND FOR OTHER PURPOSES," INCLUDING LONGEVITY; AND ALL LAWS RELATING TO THE RETIREMENT OF COMMISSIONED OFFICERS OF THE NAVY SHALL HEREAFTER APPLY TO COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY; PROVIDED, THAT THEREAFTER LONGEVITY PAY FOR OFFICERS IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE, AND COAST AND GEODETIC SURVEY SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES.

THE SAID SECTION 502 SUPRA, AUTHORIZES INTER ALIA,"ACTIVE SERVICE COUNTED ON JUNE 30, 1922, FOR LONGEVITY PAY," TO BE CREDITED TO COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY AS ACTIVE COMMISSIONED SERVICE FOR PURPOSES OF PAY, ALLOWANCES, RETIREMENT AND RETIREMENT PAY. EXPLAINING THE PURPOSE OF SECTION 502, IT IS STATED IN REPORT NO. 733 (PAGE 31) COMMITTEE ON ARMED SERVICES, U.S. SENATE, ON H.R. 5007, WHICH BECAME THE CAREER COMPENSATION ACT OF 1949, THAT " THIS SECTION REENACTS PRESENT LAW AND, IN ADDITION, PERMITS DECK OFFICERS AND JUNIOR ENGINEERS TO COUNT FIRST YEAR OF SERVICE.' IT WILL BE NOTED, HOWEVER, THAT THE PROVISION IN SECTION 15 OF THE 1948 ACT, RESPECTING THE COUNTING OF ALL SERVICE IN THE ARMY, NAVY, AIR FORCE, MARINE CORPS AND COAST GUARD, WAS NOT REENACTED AS A PART OF THE SAID SECTION 502. PRESUMABLY, IT WAS THE VIEW THAT THE REENACTMENT OF SUCH PROVISION WAS UNNECESSARY SINCE COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY WERE AUTHORIZED UNDER SECTION 11 OF THE ACT OF MAY 18, 1920, SUPRA, TO COUNT ON JUNE 30, 1922, SERVICE IN THE ARMY AND IN OTHER UNIFORMED SERVICES FOR LONGEVITY PAY AND, HENCE, WOULD BE ENTITLED TO COUNT SUCH SERVICE UNDER SECTION 502. IN THAT CONNECTION, IN DECISION OF MAY 19, 1922, AD 6739, TO THE SECRETARY OF COMMERCE IT WAS CONCLUDED THAT AN AID (ENSIGN) IN THE UNITED STATES COAST AND GEODETIC SURVEY COULD COUNT ENLISTED SERVICE IN THE STUDENTS ARMY TRAINING CORPS (A PART OF THE ARMY OF THE UNITED STATES), UNDER THE PROVISIONS OF SECTION 11 OF THE SAID ACT OF MAY 18, 1920, WHICH DIRECTED THAT LONGEVITY PAY FOR OFFICERS IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE, AND COAST AND GEODETIC SURVEY SHOULD BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SUCH SERVICES--- NO DISTINCTION BEING MADE BETWEEN ENLISTED AND COMMISSIONED SERVICE. HENCE, SINCE ACTIVE ENLISTED SERVICE IN THE ARMY WAS COUNTED ON JUNE 30, 1922, FOR LONGEVITY PAY, SUCH ACTIVE ENLISTED SERVICE MAY BE CREDITED TO A COMMISSIONED OFFICER OF THE COAST AND GEODETIC SURVEY FOR THE PURPOSE OF DETERMINING HIS ELIGIBILITY FOR RETIREMENT UNDER SECTION 13 OF THE ACT OF JUNE 3, 1948. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.