B-126224, APRIL 5, 1956, 35 COMP. GEN. 538

B-126224: Apr 5, 1956

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OTHERWISE WOULD HAVE BEEN GOVERNED BY THE STATUTORY PROVISIONS RELATING SPECIFICALLY TO FLEET RESERVISTS. WAS LEGALLY RETIRED UNDER THE PROVISIONS OF SECTION 14 (A) OF THE WARRANT OFFICER ACT OF 1954. IT IS FURTHER REQUESTED THAT YOU BE ADVISED OF THE PROPER METHOD OF COMPUTING THE RETIRED PAY. BRYANT WAS APPOINTED TORPEDOMAN (TEMPORARY). THAT SUCH APPOINTMENT WAS TERMINATED ON OCTOBER 8. THAT HE WAS TRANSFERRED TO THE FLEET RESERVE AS A CHIEF TORPEDOMAN'S MATE AND RELEASED TO INACTIVE DUTY ON OCTOBER 15. IT FURTHER APPEARS THAT HE WAS RECALLED TO ACTIVE DUTY OCTOBER 10. WAS APPOINTED TORPEDOMAN (TEMPORARY) ON NOVEMBER 16. WAS PROMOTED TO CHIEF TORPEDOMAN (TEMPORARY) UNDER THAT ACT ON NOVEMBER 17.

B-126224, APRIL 5, 1956, 35 COMP. GEN. 538

PAY - RETIRED - FLEET RESERVISTS SERVING AS WARRANT OFFICERS AN ENLISTED MAN OF THE FLEET RESERVE APPOINTED AS A TEMPORARY CHIEF WARRANT OFFICER UNDER THE ACT OF JULY 24, 1941, AND SERVING AS SUCH ON THE DATE OF HIS RELEASE FROM ACTIVE DUTY, MAY BE TRANSFERRED IMMEDIATELY TO THE RETIRED LIST, UPON HIS OWN APPLICATION, UNDER THE WARRANT OFFICER ACT OF 1954 EVEN THOUGH HIS STATUS AND PAY RIGHTS, UPON RELEASE FROM ACTIVE DUTY, OTHERWISE WOULD HAVE BEEN GOVERNED BY THE STATUTORY PROVISIONS RELATING SPECIFICALLY TO FLEET RESERVISTS.

TO T. P. CONDON, DEPARTMENT OF THE NAVY, APRIL 5, 1956:

THE JUDGE ADVOCATE GENERAL OF THE NAVY, BY DIRECTION OF THE SECRETARY OF THE NAVY, FORWARDED TO HIS OFFICE YOUR LETTER OF SEPTEMBER 22, 1955, REQUESTING DECISION WHETHER CHIEF WARRANT OFFICER WILLIAM H. BRYANT, U.S. NAVY, WAS LEGALLY RETIRED UNDER THE PROVISIONS OF SECTION 14 (A) OF THE WARRANT OFFICER ACT OF 1954, 68 STAT. 162, 10 U.S.C. 6001, AND, IF SO, IT IS FURTHER REQUESTED THAT YOU BE ADVISED OF THE PROPER METHOD OF COMPUTING THE RETIRED PAY.

IT APPEARS THAT ON DECEMBER 15, 1944, WILLIAM H. BRYANT WAS APPOINTED TORPEDOMAN (TEMPORARY), U.S. NAVY, UNDER THE ACT OF JULY 24, 1941, 55 STAT. 603, 34 U.S.C. 350; THAT SUCH APPOINTMENT WAS TERMINATED ON OCTOBER 8, 1946; THAT HE REENLISTED ON THE FOLLOWING DAY; AND THAT HE WAS TRANSFERRED TO THE FLEET RESERVE AS A CHIEF TORPEDOMAN'S MATE AND RELEASED TO INACTIVE DUTY ON OCTOBER 15, 1947, HAVING, ON THAT DATE COMPLETED 20 YEARS, 13 DAYS' ACTIVE SERVICE. IT FURTHER APPEARS THAT HE WAS RECALLED TO ACTIVE DUTY OCTOBER 10, 1950, WAS APPOINTED TORPEDOMAN (TEMPORARY) ON NOVEMBER 16, 1951, UNDER THE ABOVE-MENTIONED ACT OF JULY 24, 1941, AND WAS PROMOTED TO CHIEF TORPEDOMAN (TEMPORARY) UNDER THAT ACT ON NOVEMBER 17, 1952. ALSO, IT APPEARS THAT MR. BRYANT'S REQUEST TO BE TRANSFERRED TO THE RETIRED LIST IN THE GRADE OF CHIEF WARRANT OFFICER, W-2, UNDER THE AUTHORITY OF THE WARRANT OFFICER ACT OF 1954, WAS APPROVED BY THE SECRETARY OF THE NAVY AT THE DIRECTION OF THE PRESIDENT, EFFECTIVE JULY 1, 1955, AND THAT HE WAS RELIEVED OF ALL ACTIVE DUTY ON JUNE 30, 1955. IT IS STATED THAT ON THAT DATE MR. BRYANT HAD COMPLETED 24 YEARS, 9 MONTHS, 4 DAYS' ACTIVE SERVICE, AND 2 YEARS, 11 MONTHS, 24 DAYS' INACTIVE SERVICE IN THE FLEET RESERVE, A TOTAL OF 27 YEARS, 8 MONTHS, 28 DAYS.

THE ACT OF JULY 24, 1941, PROVIDES THAT IN TIME OF WAR OR NATIONAL EMERGENCY, PERSONNEL OF THE NAVY, INCLUDING FIRST-CLASS PETTY OFFICERS, AND ABOVE, OF THE FLEET RESERVE ON ACTIVE DUTY, MAY BE TEMPORARILY APPOINTED OR ADVANCED TO HIGHER GRADES IN THE REGULAR NAVY. SECTION 7 (A) OF THE ACT, 55 STAT. 604, 34 U.S.C. 350F, PROVIDES, IN PERTINENT PART, THAT:

THE PERMANENT, PROBATIONARY, OR ACTING APPOINTMENTS OF THOSE PERSONS TEMPORARILY APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT, SHALL NOT BE VACATED BY REASON OF SUCH TEMPORARY APPOINTMENTS, SUCH PERSONS SHALL NOT BE PREJUDICED THEREBY IN REGARD TO PROMOTION, ADVANCEMENT, OR APPOINTMENT IN ACCORDANCE WITH LAWS RELATING TO THE REGULAR NAVY OR MARINE CORPS, AND THEIR RIGHTS, BENEFITS, PRIVILEGES, AND GRATUITIES SHALL NOT BE LOST OR ABRIDGED IN ANY RESPECT WHATEVER BY THEIR ACCEPTANCE OF COMMISSIONS OR WARRANTS HEREUNDER * * *

SECTION 10 OF SUCH 1941 ACT, 55 STAT. 605, 34 U.S.C. 350I, AS AMENDED BY THE ACT OF FEBRUARY 21, 1946, 60 STAT. 28, 34 U.S.C. 350I, PROVIDES IN PERTINENT PART THAT:

(A) PERSONNEL APPOINTED OR ADVANCED UNDER THE AUTHORITY OF THIS ACT MAY BE CONTINUED IN THEIR TEMPORARY STATUS DURING SUCH PERIOD AS THE PRESIDENT MAY DETERMINE, BUT NOT LONGER THAN SIX MONTHS AFTER THE TERMINATION OF WAR OR NATIONAL EMERGENCY OR, IN THE CASE OF RESERVE AND RETIRED PERSONNEL, NOT LONGER THAN THE PERIOD HEREIN SPECIFIED OR THE DATE OF RELEASE FROM ACTIVE DUTY WHICHEVER IS THE EARLIER AND IN NO CASE LONGER THAN SIX MONTHS AFTER THE TERMINATION OF WAR OR NATIONAL EMERGENCY. UPON THE TERMINATION OF THEIR TEMPORARY STATUS SUCH PERSONNEL ON THE ACTIVE LIST OF THE REGULAR NAVY AND MARINE CORPS SHALL ASSUME THEIR PERMANENT STATUS AND THOSE OF THE RETIRED LIST AND OF THE RESPECTIVE RESERVE COMPONENTS, INCLUDING THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE, SHALL HAVE, WHEN RETURNED TO AN INACTIVE STATUS, THE HIGHEST GRADE AND RANK IN WHICH, AS DETERMINED BY THE SECRETARY OF THE NAVY, THEY SERVED SATISFACTORILY UNDER A TEMPORARY APPOINTMENT, UNLESS ENTITLED TO THE SAME OR HIGHER GRADE AND RANK PURSUANT TO SECTION 8 OF THIS ACT, AS NOW OR HEREAFTER AMENDED.

(B) (1) PERSONNEL OF THE RETIRED LIST RETURNED TO AN INACTIVE STATUS WITH HIGHER RANK PURSUANT TO SUBSECTION (A) SHALL RECEIVE RETIRED PAY COMPUTED AT THE RATE PRESCRIBED BY LAW AND APPLICABLE IN EACH INDIVIDUAL CASE BUT BASED UPON SUCH HIGHER RANK.

(2) PERSONNEL OF THE ACTIVE LIST OF THE REGULAR NAVY AND MARINE CORPS AND PERSONNEL OF THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE APPOINTED OR ADVANCED UNDER THE AUTHORITY OF THIS ACT SHALL, WHEN SUBSEQUENTLY RETIRED, IF NOT OTHERWISE ENTITLED TO THE SAME OR HIGHER GRADE AND RANK OR RETIRED PAY, BE ADVANCED TO THE HIGHEST GRADE AND RANK IN WHICH, AS DETERMINED BY THE SECRETARY OF THE NAVY, THEY SERVED SATISFACTORILY UNDER TEMPORARY APPOINTMENTS, AND SHALL RECEIVE RETIRED PAY COMPUTED AT THE RATE PRESCRIBED BY LAW AND APPLICABLE IN EACH INDIVIDUAL CASE BUT BASED UPON SUCH HIGHER RANK.

SECTION 204 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1179, AS AMENDED BY SECTION 2 OF THE ACT OF AUGUST 10, 1946, 60 STAT. 993, PROVIDES, IN PERTINENT PART, THAT:

MEMBERS OF THE NAVY WHO FIRST ENLISTED IN THE NAVY AFTER JULY 1, 1925, OR WHO REENLISTED THEREIN AFTER JULY 1, 1925, HAVING BEEN OUT OF THE REGULAR NAVY FOR MORE THAN THREE MONTHS, MAY UPON THEIR OWN REQUEST BE TRANSFERRED TO THE FLEET RESERVE UPON THE COMPLETION OF AT LEAST TWENTY YEARS' ACTIVE FEDERAL SERVICE. AFTER SUCH TRANSFER, EXCEPT WHEN ON ACTIVE DUTY, THEY SHALL BE PAID AT THE ANNUAL RATE OF 2 1/2 PERCENTUM OF THE ANNUAL BASE AND LONGEVITY PAY THEY ARE RECEIVING AT THE TIME OF TRANSFER MULTIPLIED BY THE NUMBER OF YEARS OF ACTIVE FEDERAL SERVICE: PROVIDED, THAT THE PAY AUTHORIZED IN THIS SECTION SHALL BE INCREASED 10 PERCENTUM FOR ALL MEN WHO MAY BE CREDITED WITH EXTRAORDINARY HEROISM IN THE LINE OF DUTY: PROVIDED FURTHER, THAT THE DETERMINATION OF THE SECRETARY OF THE NAVY AS TO THE DEFINITION OF EXTRAORDINARY HEROISM SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES: PROVIDED FURTHER, THAT THE PAY AUTHORIZED IN THIS SECTION SHALL NOT EXCEED 75 PERCENTUM OF THE ACTIVE-DUTY BASE AND LONGEVITY PAY THEY WERE RECEIVING AT THE TIME OF TRANSFER: PROVIDED FURTHER, THAT ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND OF SECTIONS 1 AND 203 OF THIS ACT SHALL, UPON COMPLETION OF THIRTY YEARS' SERVICE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE * * *

SECTION 516 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 832, 37 U.S.C. 316, PROVIDES, IN PERTINENT PART, THAT:

MEMBERS AND FORMER MEMBERS OF THE UNIFORMED SERVICES, INCLUDING MEMBERS OF THE FLEET RESERVE AND THE FLEET MARINE CORPS RESERVE, WHO HAVE BEEN, OR MAY HEREAFTER BE, RETIRED OR TRANSFERRED TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE AND ENTITLED TO RECEIVE RETIRED PAY, RETIREMENT PAY, RETAINER PAY, OR EQUIVALENT PAY COMPUTED UNDER THE PROVISIONS OF THIS OR ANY OTHER ACT, SHALL BE ENTITLED, SUBJECT TO THE PROVISIONS HEREINAFTER LISTED, TO RECEIVE INCREASES IN SUCH RETIRED PAY, RETIREMENT PAY, RETAINER PAY, OR EQUIVALENT PAY FOR ALL ACTIVE DUTY PERFORMED AFTER RETIREMENT OR TRANSFER TO THE FLEET RESERVE OR THE FLEET MARINE CORPS RESERVE: PROVIDED, THAT THE RETIRED PAY, RETIREMENT PAY, RETAINER PAY, OR EQUIVALENT PAY TO WHICH SUCH MEMBER OR FORMER MEMBER SHALL BE ENTITLED UPON HIS RELEASE FROM ACTIVE DUTY SHALL BE COMPUTED BY MULTIPLYING THE YEARS OF SERVICE CREDITABLE TO HIM FOR PURPOSES OF COMPUTING RETIRED PAY, RETIREMENT PAY, RETAINER PAY, OR EQUIVALENT PAY AT THE TIME OF HIS RETIREMENT OR TRANSFER PLUS THE NUMBER OF YEARS OF SUBSEQUENT ACTIVE DUTY PERFORMED BY HIM BY 2 1/2 PERCENTUM, AND BY MULTIPLYING THE PRODUCT THUS OBTAINED BY THE BASE AND LONGEVITY PAY OR THE BASIC PAY, AS THE CASE MAY BE, OF THE RANK OR GRADE IN WHICH HE WOULD BE ELIGIBLE, AT THE TIME OF HIS RELEASE FROM ACTIVE DUTY, TO BE RETIRED OR TRANSFERRED EXCEPT FOR THE FACT THAT HE IS ALREADY A RETIRED PERSON OR A MEMBER OF THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE * * *

THESE AND OTHER RELATED PROVISIONS OF LAW (INCLUDING THE PROVISO IN SECTION 202 (B) OF THE CAREER COMPENSATION ACT OF 1949), 37 U.S.C. 233, IN EFFECT WHEN THE WARRANT OFFICER ACT OF 1954 WAS ENACTED, SET UP A RATHER COMPLETE SYSTEM FOR THE GRANTING AND COMPUTATION OF RETAINER PAY AND RETIRED PAY OF MEMBERS OF THE FLEET RESERVE, INCLUDING THOSE MEMBERS SERVING UNDER TEMPORARY APPOINTMENTS UNDER THE ACT OF JULY 24, 1941.

UNDER SUCH PROVISIONS OF LAW, IT APPEARS THAT MR. BRYANT, UPON RELEASE FROM ACTIVE DUTY ON JUNE 30, 1955, WOULD HAVE REVERTED TO HIS PERMANENT STATUS OF CHIEF PETTY OFFICER, FLEET RESERVE, WITH RETAINER PAY COMPUTED ON THE BASIC PAY OF A CHIEF PETTY OFFICER AND WITH CREDIT FOR ACTIVE DUTY PERFORMED AFTER TRANSFER TO THE FLEET RESERVE. UPON HIS EVENTUAL TRANSFER TO THE RETIRED LIST, AFTER THE COMPLETION OF 30 YEARS' SERVICE, ACTIVE AND INACTIVE, HE WOULD HAVE BECOME ENTITLED--- ON THE ASSUMPTION THAT HE SERVED SATISFACTORILY AS A CHIEF WARRANT OFFICER, W-2--- TO RETIRED PAY COMPUTED ON THE BASIC PAY OF THAT RANK.

IF HOWEVER, MR. BRYANT'S RETIREMENT UNDER THE WARRANT OFFICER ACT OF 1954, WAS LEGALLY AUTHORIZED, IT SEEMS CLEAR THAT, UNDER THE ACT, HE BECAME ENTITLED, IMMEDIATELY UPON HIS TRANSFER TO THE RETIRED LIST, TO RETIRED PAY COMPUTED ON THE BASIC PAY OF A CHIEF WARRANT OFFICER, W-2.

SECTION 2 (B) OF THE WARRANT OFFICER ACT OF 1954, APPROVED MAY 29, 1954, 68 STAT. 157, PROVIDES THAT:

THE TERM "WARRANT OFFICER," UNLESS OTHERWISE QUALIFIED, MEANS AN OFFICER WHO HOLDS A WARRANT OR A COMMISSION IN A PERMANENT OR TEMPORARY WARRANT OFFICER GRADE IN THE ARMY, NAVY, AIR FORCE, MARINE CORPS, OR COAST GUARD, INCLUDING ANY COMPONENT THEREOF.

SUBSECTIONS (A) AND (D) OF SECTION 14 OF THAT ACT, 68 STAT. 162, 163, ARE AS FOLLOWS:

(A) ANY WARRANT OFFICER WHO HAS COMPLETED NOT LESS THAN TWENTY YEARS' ACTIVE SERVICE MAY, UPON APPLICATION AND IN THE DISCRETION OF THE SECRETARY, BE RETIRED AND SHALL BE ENTITLED TO RECEIVE RETIRED PAY COMPUTED UNDER SUBSECTION (D) OF THIS SECTION.

(D) A WARRANT OFFICER WHO IS RETIRED UNDER THIS SECTION SHALL, AS DETERMINED BY THE SECRETARY, BE RETIRED IN THE PERMANENT WARRANT OFFICER GRADE HELD ON THE DAY BEFORE THE DATE OF HIS RETIREMENT, OR IN ANY HIGHER WARRANT OFFICER GRADE IN WHICH HE HAS SATISFACTORILY SERVED, AS DETERMINED BY THE SECRETARY, ON ANY FULL TIME DUTY UNDER COMPETENT ORDERS SPECIFYING THAT THE PERIOD OF SUCH DUTY SHALL BE FOR A PERIOD IN EXCESS OF THIRTY DAYS OR FOR AN INDEFINITE PERIOD. RETIRED PAY UNDER THIS SECTION SHALL BE 2 1/2 PERCENTUM OF THE ACTIVE DUTY BASIC PAY HE WOULD HAVE BEEN ENTITLED TO RECEIVE IF HE HAD BEEN SERVING ON ACTIVE DUTY IN THE WARRANT OFFICER GRADE IN WHICH RETIRED ON THE DAY BEFORE THE DATE OF HIS RETIREMENT UNDER THIS SECTION, MULTIPLIED BY THE NUMBER OF YEARS OF SERVICE CREDITABLE IN THE COMPUTATION OF SUCH BASIC PAY, BUT NOT TO EXCEED 75 PERCENTUM OF THAT BASIC PAY. A FRACTIONAL PART OF A YEAR THAT IS SIX MONTHS OR MORE SHALL BE CONSIDERED A FULL YEAR IN COMPUTING THE NUMBER OF YEARS OF ACTIVE SERVICE BY WHICH THE 2 1/2 PERCENTUM IS MULTIPLIED.

THE RETIREMENT OF A WARRANT OFFICER UNDER SECTION 14 (A) OF THE WARRANT OFFICER ACT OF 1954 IS ACCOMPLISHED ONLY UPON HIS APPLICATION AND IN THE DISCRETION OF THE SECRETARY CONCERNED. THE PROVISIONS OF THAT SECTION (READ IN CONJUNCTION WITH SECTION 2 (B) ( SEEM PLAINLY TO MAKE ITS RETIREMENT BENEFITS AVAILABLE TO MEMBERS OF THE FLEET RESERVE WHO BECOME WARRANT OFFICERS AND APPLY FOR AND ARE GRANTED SUCH BENEFITS WHILE HOLDING "A WARRANT OR A COMMISSION IN A PERMANENT OR TEMPORARY WARRANT OFFICER GRADE.' THERE IS NO INDICATION IN THE ACT OR IN ITS LEGISLATIVE HISTORY THAT FLEET RESERVISTS APPOINTED UNDER THE ACT OF JULY 24, 1941, WERE INTENDED TO BE EXCLUDED FROM THE PROVISIONS OF THE 1954 ACT PERTAINING TO TEMPORARY WARRANT OFFICERS. HENCE, IT IS OUR VIEW THAT A TEMPORARY WARRANT OFFICER WHO MEETS THE CONDITIONS OF SECTION 14 (A) PROPERLY MAY APPLY FOR AND BE GRANTED RETIREMENT UNDER IT EVEN THOUGH HE MAY BE A MEMBER OF THE FLEET RESERVE AT THE TIME OF SUCH APPLICATION AND RETIREMENT. ALSO, THAT IF HIS RETIREMENT UNDER THAT SECTION IS APPROVED, THE STATUTORY PROVISIONS RESPECTING THE COMPUTATION OF RETAINER PAY AND RETIRED PAY WHICH OTHERWISE WOULD HAVE BEEN APPLICABLE TO HIM UPON HIS RELEASE FROM ACTIVE DUTY AS A FLEET RESERVIST BECOME INAPPLICABLE TO THE COMPUTATION OF HIS RETIRED PAY. ON JUNE 30, 1955, MR. BRYANT WAS A TEMPORARY CHIEF WARRANT OFFICER WITH MORE THAN 20 YEARS' ACTIVE SERVICE. WE CAN PERCEIVE NO BAR TO HIS RETIREMENT ON JULY 1, 1955, UNDER SUBSECTION 14 (A).

STRICTLY CONSTRUED, SECTION 14 (D) OF THE WARRANT OFFICER ACT OF 1954 WOULD PROVIDE NO BASIS FOR THE DETERMINATION OF RETIRED PAY IN THE CASE OF A MEMBER WHO DOES NOT HOLD A PERMANENT WARRANT OFFICER GRADE ON THE DAY BEFORE THE DATE OF HIS RETIREMENT. SUCH A CONSTRUCTION, HOWEVER, WOULD TEND TO NULLIFY THE PROVISIONS OF THE LAW MAKING TEMPORARY WARRANT OFFICERS ELIGIBLE FOR RETIREMENT THEREUNDER. APPARENTLY, THE FIRST SENTENCE OF SECTION 14 (D) WAS INTENDED TO PROVIDE FOR RETIREMENT IN THE HIGHEST TEMPORARY WARRANT GRADE, IF ANY, IN WHICH SERVICE WAS PERFORMED SATISFACTORILY, OR IN THE PERMANENT WARRANT GRADE HELD ON THE DAY BEFORE RETIREMENT, WHICHEVER WOULD BE MORE ADVANTAGEOUS TO THE MEMBER CONCERNED. INACTIVE SERVICE IN THE FLEET RESERVE IS FOR INCLUSION IN THE DETERMINATION OF A WARRANT OFFICER'S BASIC PAY WHILE ON ACTIVE DUTY. SEE SECTION 202 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 808. INACTIVE SERVICE IS ALSO FOR INCLUSION IN DETERMINING THE PERCENTAGE MULTIPLE TO BE USED IN COMPUTING RETIRED PAY UNDER SECTION 14 (D) OF THE WARRANT OFFICER ACT OF 1954. SEE OUR DECISION ADDRESSED TO YOU JANUARY 6, 1956, B-124975, 35 COMP. GEN. 389.

ON THE ASSUMPTION THAT THE SECRETARY OF THE NAVY HAS DETERMINED THAT MR. BRYANT SERVED SATISFACTORILY IN THE GRADE OF CHIEF WARRANT OFFICER, W-2, AND THAT HIS SERVICE IS AS STATED IN YOUR LETTER, HE IS ENTITLED TO RETIRED PAY COMPUTED ON THE ACTIVE-DUTY PAY OF GRADE W-2, WITH 27 YEARS, 8 MONTHS, 28 DAYS' SERVICE FOR BASIC PAY PURPOSES, THE PERCENTAGE TO BE USED IN THE COMPUTATION BEING 70 PERCENTUM (2 1/2 PERCENTUM X 28) SINCE A FRACTIONAL PART OF A YEAR THAT IS SIX MONTHS OR MORE IS CONSIDERED A FULL YEAR FOR THE PURPOSE OF DETERMINING SUCH PERCENTAGE MULTIPLE.