B-126241, JAN. 17, 1956

B-126241, JAN. 17, 1956

TO EUGENE NEWSOME, CHIEF PAY CLERK, AUTHORIZED CERTIFYING OFFICER, U.S. COAST GUARD EADQUARTERS:

YOUR LETTER OF NOVEMBER 29, 1955, WITH ENCLOSURES, REQUESTS DECISION WHETHER LIEUTENANT NEAL E. WILLIAMS (4233), UNITED STATES COAST GUARD, IS ENTITLED TO COUNT, IN COMPUTING HIS BASIC PAY UNDER THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, THE PERIOD FROM AUGUST 10, 1945, TO JUNE 3, 1949, WHILE HE WAS A CADET AT THE UNITED STATES COAST GUARD ACADEMY.

SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, SETS FORTH IN DETAIL THE TYPES OF SERVICE CREDITABLE IN COMPUTING CUMULATIVE YEARS OF SERVICE WHICH MAY 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 IN THE SECTION FOR THE INCLUSION OF SERVICE AS A CADET IN THE COAST GUARD ACADEMY. 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.'

THE GENERAL PURPOSE OF SECTION 202 WAS TO ADOPT AND CONTINUE, FOR PURPOSES OF COMPUTING BASIC PAY, THE THEN EXISTING PROVISIONS OF LAW WHICH AUTHORIZED SERVICE CREDITS FOR LONGEVITY PAY PURPOSES. HENCE, LIEUTENANT WILLIAMS' RIGHT TO COUNT HIS CADET SERVICE IN COMPUTING HIS BASIC PAY DEPENDS UPON WHETHER OFFICERS IN THE COAST GUARD WERE ENTITLED TO CREDIT FOR SUCH SERVICE IN COMPUTING LONGEVITY PAY UNDER PRIOR LAWS.

UNDER THE ACT OF APRIL 12, 1902, 32 STAT. 100, THE PAY OF COMMISSIONED OFFICERS OF THE REVENUE CUTTER SERVICE WAS ASSIMILATED TO ARMY PAY--- THAT IS, TO PAY PROVIDED BY LAW FOR CORRESPONDING RANK IN THE ARMY "INCLUDING LONGEVITY PAY.' PRIOR TO SECTION 6 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 594, AND THE ACT OF MARCH 4, 1913, 37 STAT. 891, ARMY AND NAVY OFFICERS WERE ENTITLED TO LONGEVITY CREDIT FOR THEIR SERVICE AS CADETS AND MIDSHIPMEN AT THE MILITARY AND NAVAL ACADEMIES UNDER APPOINTMENTS MADE PRIOR TO THOSE DATES. CADET SERVICE IN THE REVENUE CUTTER SERVICE AND CADET SERVICE IN THE UNITED STATES MILITARY AND NAVAL ACADEMIES BEING SIMILAR IN CHARACTER AND PURPOSE, COMMISSIONED OFFICERS OF THE REVENUE CUTTER SERVICE, BECAUSE OF THEIR RIGHT UNDER THE ACT OF APRIL 12, 1902, TO ASSIMILATED PAY, LIKEWISE WERE ENTITLED TO CREDIT FOR SERVICE AS A CADET IN THE REVENUE CUTTER SERVICE UNDER APPOINTMENTS MADE PRIOR TO AUGUST 24, 1912, IN THE COMPUTATION OF THEIR LONGEVITY PAY. SEE 18 COMP. GEN. 914, 918.

THE ACT OF JANUARY 28, 1915, 38 STAT. 800, CREATED THE COAST GUARD BY COMBINING THE EXISTING LIFE SAVING SERVICE AND REVENUE CUTTER SERVICE, AND THE PAY OF COMMISSIONED OFFICERS OF THE COAST GUARD CONTINUED TO BE ASSIMILATED TO ARMY PAY UNTIL THE ACT OF MAY 18, 1920, SECTION 8 OF WHICH, 41 STAT. 603, ASSIMILATED COAST GUARD PAY TO PAY PROVIDED FOR COMMISSIONED OFFICERS OF THE NAVY. SINCE ARMY AND NAVY OFFICERS WERE EXPRESSLY PROHIBITED BY THE 1912 AND 1913 STATUTORY PROVISIONS FROM COUNTING FOR LONGEVITY PAY PURPOSES CADET SERVICE UNDER ACADEMY APPOINTMENTS MADE AFTER AUGUST 24, 1912, AND MARCH 4, 1913, RESPECTIVELY, AND AS COAST GUARD OFFICERS THEN WERE ENTITLED TO THE SAME PAY PROVIDED FOR THOSE OFFICERS, CADET SERVICE AT THE REVENUE CUTTER AND COAST GUARD ACADEMIES UNDER APPOINTMENTS MADE AFTER AUGUST 24, 1912, COULD NOT THEREAFTER BE COUNTED FOR THAT PURPOSE BY OFFICERS IN THE COAST GUARD. SEE PARAGRAPH 504, COAST GUARD REGULATIONS OF 1916.

THE PROVISO IN SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, RELATING TO COMPUTING LONGEVITY PAY, DID NOT MODIFY ANY PROVISIONS OF PRIOR LAW WITH RESPECT TO AUTHORIZED LONGEVITY CREDIT BUT PLACED ALL SERVICES ON AN EQUALITY IN THE MATTER OF COMPUTATION OF LONGEVITY OR SERVICE PAY. SEE UNITED STATES V. NOCE, 268 U.S. 613. NEITHER SECTIONS 1 AND 3A OF THE ACT OF JUNE 16, 1942, 56 STAT. 359 AND 1037, AS AMENDED, 37 U.S.C. 101 AND 103A, NOR SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, AUTHORIZED CADET SERVICE TO BE CREDITED IN COMPUTING THE PAY OF OFFICERS OF THE UNIFORMED SERVICES.

SINCE CADET SERVICE UNDER AN APPOINTMENT MADE SUBSEQUENT TO AUGUST 24, 1912, COULD NOT, ON OCTOBER 1, 1949, THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT, BE COUNTED BY COAST GUARD OFFICERS FOR LONGEVITY PAY PURPOSES, AND, AS THE COUNTING OF SUCH SERVICE FOR BASIC PAY PURPOSES IS NOT AUTHORIZED BY THAT ACT, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.