B-107106, APRIL 21, 1952, 31 COMP. GEN. 528

B-107106: Apr 21, 1952

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1952: REFERENCE IS MADE TO LETTER FROM THE ACTING SECRETARY OF DEFENSE DATED DECEMBER 15. EXPRESS PROVISION IS NOT CONTAINED THEREIN FOR THE INCLUSION FOR SUCH PURPOSE OF SERVICE AS CADET OR MIDSHIPMAN IN THE SERVICE ACADEMIES. UNDER ANY PROVISION OF LAW IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION IS AUTHORIZED TO BE CREDITED FOR THE PURPOSE OF COMPUTING LONGEVITY PAY. THAT WHICH WAS AUTHORIZED FOR LONGEVITY PAY PURPOSES BY ANY PROVISION OF LAW IN EFFECT WHEN THE PROVISIONS OF SECTION 202 OF THE CAREER COMPENSATION ACT BECAME EFFECTIVE. UNDER LAW WHICH WAS IN EFFECT ON THAT DATE. CONSIDERING THAT THE GENERAL PURPOSE OF SECTION 202 OF THE 1949 ACT APPEARS TO HAVE BEEN TO ADOPT AND CONTINUE.

B-107106, APRIL 21, 1952, 31 COMP. GEN. 528

PAY - SERVICE CREDITS - CREDIT FOR MIDSHIPMAN OR CADET SERVICE IN COMPUTING THE PAY OF ENLISTED MEMBERS OF THE UNIFORMED SERVICES, UNDER SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, CADET AND MIDSHIPMAN SERVICE IN THE ARMY, NAVY AND COAST GUARD ACADEMIES, ON AND AFTER OCTOBER 1, 1949 (EFFECTIVE DATE OF THE ACT), MAY BE COUNTED AS CREDITABLE SERVICE IN DETERMINING THE AMOUNT OF THEIR BASIC PAY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, APRIL 21, 1952:

REFERENCE IS MADE TO LETTER FROM THE ACTING SECRETARY OF DEFENSE DATED DECEMBER 15, 1951, REQUESTING DECISION WHETHER TIME SERVED AS CADET AND MIDSHIPMAN IN SERVICE ACADEMIES ON AND AFTER OCTOBER 1, 1949, MAY BE COUNTED BY ENLISTED MEMBERS OF THE UNIFORMED SERVICES IN THE COMPUTATION OF THEIR BASIC PAY UNDER THE PROVISIONS OF SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807.

THE SAID SECTION 202 SETS FORTH IN DETAIL THE TYPES OF SERVICE CREDITABLE IN COMPUTING CUMULATIVE YEARS OF SERVICE TO BE COUNTED BY MEMBERS OF THE UNIFORMED SERVICES FOR DETERMINING THE AMOUNT OF BASIC PAY TO WHICH ENTITLED UNDER THAT ACT. EXPRESS PROVISION IS NOT CONTAINED THEREIN FOR THE INCLUSION FOR SUCH PURPOSE OF SERVICE AS CADET OR MIDSHIPMAN IN THE SERVICE ACADEMIES. HOWEVER, SUBPARAGRAPH (A) (6) OF THAT SECTION PROVIDES THAT IN ADDITION TO THE VARIOUS TYPES OF SERVICE AFFIRMATIVELY SET FORTH THERE MAY BE COUNTED--- ALL SERVICE WHICH, UNDER ANY PROVISION OF LAW IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION IS AUTHORIZED TO BE CREDITED FOR THE PURPOSE OF COMPUTING LONGEVITY PAY. SUCH PROVISION CONTAINS NO WORDS OF LIMITATION AS TO THE TIME OF ACCRUAL OF THE SERVICE CREDITS AUTHORIZED THEREUNDER, THE LIMITING WORDS THEREIN CONTAINED REFERRING ONLY TO THE STANDARD OR MEASURE FOR DETERMINING THE NATURE OF SERVICE AUTHORIZED, I.E., THAT WHICH WAS AUTHORIZED FOR LONGEVITY PAY PURPOSES BY ANY PROVISION OF LAW IN EFFECT WHEN THE PROVISIONS OF SECTION 202 OF THE CAREER COMPENSATION ACT BECAME EFFECTIVE. IN THE ABSENCE OF INDICATION THEREIN OF AN INTENT THAT THE AUTHORIZATION CONTEMPLATED COVERED ONLY SERVICE CREDITS THAT HAD ACCRUED PRIOR TO OCTOBER 1, 1949, UNDER LAW WHICH WAS IN EFFECT ON THAT DATE, AND CONSIDERING THAT THE GENERAL PURPOSE OF SECTION 202 OF THE 1949 ACT APPEARS TO HAVE BEEN TO ADOPT AND CONTINUE, FOR PURPOSES OF COMPUTING BASIC PAY, THEN EXISTING PROVISIONS OF LAW WHICH AUTHORIZED SERVICE CREDITS FOR LONGEVITY PAY PURPOSES, IT IS CONCLUDED THAT THE QUOTED PROVISIONS OF SUBPARAGRAPH (A) (6) AUTHORIZE THE COUNTING BY MILITARY PERSONNEL OF ANY SERVICE PERFORMED ON AND AFTER OCTOBER 1, 1949, FOR THE PURPOSE OF COMPUTING BASIC PAY IF SUCH SERVICE WAS CREDITABLE FOR LONGEVITY PAY PURPOSES UNDER LAW IN EFFECT ON OCTOBER 1, 1949.

IT HAS BEEN HELD THAT ENLISTED PERSONNEL WERE ENTITLED TO CREDIT FOR SERVICE AS CADETS OR MIDSHIPMEN IN THE ACADEMIES OF THE ARMY, NAVY, AND COAST GUARD FOR LONGEVITY PAY PURPOSES UNDER THE PROVISIONS OF SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, AS AMENDED. 29 COMP. GEN. 331. ACCORDINGLY, SINCE SUCH STATUTORY PROVISIONS WERE IN EFFECT ON THE EFFECTIVE DATE OF SECTION 202 OF THE CAREER 1 COMPENSATION ACT OF 1949, ENLISTED PERSONNEL PROPERLY MAY COUNT SUCH SERVICE PERFORMED ON AND AFTER OCTOBER 1, 1949, IN THE COMPUTATION OF THEIR BASIC PAY UNDER THE PROVISIONS OF THE SAID SECTION 202 OF THE 1949 ACT.