B-124799, DECEMBER 6, 1955, 35 COMP. GEN. 337

B-124799, DECEMBER 6, 1955, 35 COMP. GEN. 337

PAY - RETIRED - SERVICE CREDITS - COAST GUARD - FORMER LIGHTHOUSE SERVICE SERVICE OF FORMER LIGHTHOUSE PERSONNEL WHO ARE NOW IN THE COAST GUARD RESERVE IS SERVICE IN A CIVILIAN AS DISTINGUISHED FROM A MILITARY CAPACITY AND MAY NOT BE INCLUDED UNDER 10 U.S.C. 1036A, FOR RETIRED PAY PURPOSES.

TO THE SECRETARY OF THE TREASURY, DECEMBER 6, 1955:

YOUR LETTER OF JULY 20, 1955, REQUESTS DECISION WHETHER FORMER MEMBERS OF THE LIGHTHOUSE SERVICE WHO ENLISTED OR WERE APPOINTED IN THE COAST GUARD RESERVE, EITHER INITIALLY, OR FOLLOWING A PERIOD OF ENLISTED OR COMMISSIONED SERVICE IN THE REGULAR COAST GUARD, MAY COUNT THEIR PERIODS OF LIGHTHOUSE SERVICE FOR PURPOSES OF QUALIFYING FOR, AND COMPUTING, RETIRED PAY UNDER THE PROVISIONS OF TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, AS AMENDED BY THE ACT OF SEPTEMBER 7, 1949, 63 STAT. 693, AND JULY 12, 1952, 66 STAT. 590.

THE ACT OF JUNE 29, 1948, PROVIDES, IN PART, AS FOLLOWS:

SECTION 302, 62 STAT. 1087, 10 U.S.C. 1036A, AS AMENDED.

(A) ANY PERSON WHO, UPON ATTAINING OR HAVING ATTAINED THE AGE OF SIXTY YEARS, HAS PERFORMED SATISFACTORY FEDERAL SERVICE AS DEFINED IN THIS SECTION IN THE STATUS OF A COMMISSIONED OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ENLISTED PERSON IN THE ARMY OF THE UNITED STATES OR THE AIR FORCE OF THE UNITED STATES, INCLUDING THE RESPECTIVE RESERVE COMPONENTS THEREOF, AND ALSO INCLUDING THE FEDERALLY RECOGNIZED NATIONAL GUARD PRIOR TO 1933, THE UNITED STATES NAVY INCLUDING THE RESERVE COMPONENTS THEREOF, THE UNITED STATES MARINE CORPS, INCLUDING THE RESERVE COMPONENTS THEREOF, OR THE UNITED STATES COAST GUARD, INCLUDING THE RESERVE COMPONENTS THEREOF, AND HAS COMPLETED AN AGGREGATE OF TWENTY OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN ANY OR ALL OF THE AFORESAID SERVICES, SHALL, UPON APPLICATION THEREFOR, BE GRANTED RETIRED PAY * * *.

SECTION 303 OF THE ACT, 62 STAT. 1088, 34 U.S.C. 440J, AS AMENDED, PROVIDES THAT ANY PERSON GRANTED RETIRED PAY PURSUANT TO SUCH PROVISIONS SHALL BE PAID AT THE ANNUAL RATE OF 2-1/2 PERCENTUM OF THE ACTIVE-DUTY PAY WHICH HE WOULD RECEIVE IF SERVING, AT THE TIME GRANTED SUCH PAY, ON ACTIVE DUTY IN THE HIGHEST GRADE, TEMPORARY OR PERMANENT, SATISFACTORILY HELD DURING THE ENTIRE PERIOD OF SERVICE, MULTIPLIED BY A NUMBER EQUAL TO THE NUMBER OF YEARS AND ANY FRACTION THEREOF (ON THE BASIS OF 360 DAYS PER YEAR), WHICH SHALL CONSIST OF, AMONG OTHER THINGS,"ALL PERIODS OF ACTIVE FEDERAL SERVICE.'

SECTION 306, 62 STAT. 1089.

FOR THE PURPOSES OF THIS TITLE---

(A) THE TERM " FEDERAL SERVICE" SHALL BE DEEMED TO INCLUDE ALL ACTIVE FEDERAL SERVICE AND ALL SERVICE IN A RESERVE COMPONENT OTHER THAN ACTIVE FEDERAL SERVICE, OR BOTH, EXCEPT AS PROVIDED IN (E) AND (F) BELOW.

(D) THE TERM "ACTIVE FEDERAL SERVICE" SHALL INCLUDE ALL PERIODS OF ANNUAL TRAINING DUTY AND ALL PRESCRIBED PERIODS OF ATTENDANCE AT SUCH SERVICE SCHOOLS AS HAVE BEEN, OR MAY BE DESIGNATED AS SUCH BY THE SECRETARY OF THE ARMY, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE AIR FORCE FOR THEIR RESPECTIVE SERVICES, OR BY LAW, OR ANY OTHER PERIOD OF TIME WHEN ORDERED TO ACTIVE DUTY UNDER COMPETENT FEDERAL ORDERS.

PERSONNEL OF THE LIGHTHOUSE SERVICE WHO WERE COMMISSIONED, APPOINTED, OR ENLISTED IN THE COAST GUARD PURSUANT TO THE ACT OF AUGUST 5, 1939, ARE ENTITLED UNDER SECTION 6 OF THAT ACT, 53 STAT. 1217, TO COUNT THEIR LIGHTHOUSE SERVICE FOR RETIREMENT PURPOSES. UNDER THE ACT OF JUNE 24, 1948, 62 STAT. 644, 14 U.S.C. 180, AMENDING SECTION 6 OF THE 1939 ACT, SUCH PERSONNEL ALSO ARE ENTITLED TO HAVE THEIR LIGHTHOUSE SERVICE INCLUDED IN COMPUTING LENGTH OF SERVICE FOR PERIOD PAY AND LONGEVITY PAY PURPOSES. 28 COMP. GEN. 347. THAT SITUATION WAS CONTINUED BY SECTIONS 202 AND 518 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807 AND 834, 37 U.S.C. 234, 317.

TITLE III OF THE 1948 ACT, HOWEVER, IS A SPECIAL LAW AUTHORIZING RETIRED PAY FOR A PARTICULAR CLASS OF MEMBERS OR FORMER MEMBERS OF THE ARMED SERVICES WHOSE STATUS IS SUCH THAT THEY WOULD NOT OTHERWISE BE ENTITLED TO ANY MILITARY OR NAVAL RETIREMENT BENEFITS. THE STATUTE PRESCRIBES IN DETAIL THE REQUIREMENTS WHICH MUST BE MET IN ORDER TO QUALIFY FOR THE RETIRED PAY WHICH IT PROVIDES AND THE METHOD OF COMPUTING SUCH RETIRED PAY. IN ORDER TO QUALIFY FOR TITLE III BENEFITS, AN INDIVIDUAL MUST HAVE PERFORMED SATISFACTORY FEDERAL SERVICE AS DEFINED IN THAT TITLE "IN THE STATUS OF A COMMISSIONED OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ENLISTED PERSON.' SEE WILLIAMS V. UNITED STATES, 127 C.1CLS. 167.

ALTHOUGH LIGHTHOUSE SERVICE IS CREDITABLE SERVICE FOR PURPOSES OF COAST GUARD PAY AND ALLOWANCES, THAT SERVICE WAS PERFORMED IN A CIVILIAN CAPACITY AND NOT IN THE STATUS OF A COMMISSIONED OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ENLISTED PERSON. CONSEQUENTLY, WE MAY NOT REGARD LIGHTHOUSE SERVICE AS BEING THE "SATISFACTORY FEDERAL SERVICE" CONTEMPLATED BY SECTION 302.