B-135752, JUNE 20, 1958, 37 COMP. GEN. 838

B-135752: Jun 20, 1958

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MILITARY PERSONNEL - SERVICE CREDITS - TEMPORARY RESERVE SERVICE - COAST GUARD SINCE ACTIVE DUTY PERFORMED AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE WAS CONSIDERED CREDITABLE FOR LONGEVITY PURPOSES ON SEPTEMBER 30. 1958: REFERENCE IS MADE TO YOUR LETTER OF APRIL 2. WHEN HE WAS DISENROLLED. THE OFFICER WAS APPOINTED A LIEUTENANT COMMANDER IN THE REGULAR COAST GUARD ON FEBRUARY 20. HE WAS PROMOTED TO COMMANDER ON FEBRUARY 1. THE QUESTION FOR CONSIDERATION IS WHETHER TIME SPENT ON ACTIVE DUTY AS AN OFFICER IN THE TEMPORARY COAST GUARD RESERVE DURING THE PERIOD JUNE 7. YOU SAY IT APPEARS DOUBTFUL WHETHER SUCH SERVICE IS CREDITABLE ON AND AFTER OCTOBER 1. THE COMMANDANT OF THE COAST GUARD IS AUTHORIZED TO ENROLL CERTAIN PERSONS THERE SPECIFIED AS TEMPORARY MEMBERS OF THE COAST GUARD RESERVE.

B-135752, JUNE 20, 1958, 37 COMP. GEN. 838

MILITARY PERSONNEL - SERVICE CREDITS - TEMPORARY RESERVE SERVICE - COAST GUARD SINCE ACTIVE DUTY PERFORMED AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE WAS CONSIDERED CREDITABLE FOR LONGEVITY PURPOSES ON SEPTEMBER 30, 1949, THE DAY PRECEDING THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, IT MAY ALSO BE CREDITED FOR PURPOSE OF COMPUTING BASIC PAY UNDER SECTION 202 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 233 (A).

TO CHIEF WARRANT OFFICER T. C. CRABE, UNITED STATES COAST GUARD, JUNE 20, 1958:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1958 (FP-2), WITH ENCLOSURES, PRESENTING FOR DECISION A VOUCHER STATED IN FAVOR OF COMMANDER PAUL J. ALLMAN (2009), U.S. COAST GUARD, FOR THE DIFFERENCE BETWEEN THE BASIC PAY OF A COMMANDER WITH OVER 12 YEARS' SERVICE AND THE BASIC PAY OF A COMMANDER WITH OVER 14 YEARS' SERVICE COVERING THE PERIOD MARCH 1 TO 31, 1958.

IT APPEARS FROM THE STATEMENT OF SERVICE AND THE INFORMATION FURNISHED BY YOU THAT THE OFFICER ENROLLED AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE IN THE GRADE OF LIEUTENANT COMMANDER ON JUNE 7, 1943, AND SERVED ON FULL-TIME ACTIVE DUTY WITHOUT PAY AND ALLOWANCES UNTIL JANUARY 8, 1945, WHEN HE WAS DISENROLLED. ON JANUARY 9, 1945, HE TOOK AN OATH AS LIEUTENANT, UNITED STATES COAST GUARD RESERVE, AND ENTERED ON ACTIVE DUTY THE FOLLOWING DAY. THE OFFICER WAS APPOINTED A LIEUTENANT COMMANDER IN THE REGULAR COAST GUARD ON FEBRUARY 20, 1948, AT WHICH TIME HIS RESERVE STATUS TERMINATED, AND HE WAS PROMOTED TO COMMANDER ON FEBRUARY 1, 1952. THE OFFICER HAS HAD CONTINUOUS ACTIVE SERVICE AS A RESERVE AND AS A REGULAR FROM JANUARY 10, 1945, TO DATE.

THE QUESTION FOR CONSIDERATION IS WHETHER TIME SPENT ON ACTIVE DUTY AS AN OFFICER IN THE TEMPORARY COAST GUARD RESERVE DURING THE PERIOD JUNE 7, 1943, TO JANUARY 8, 1945, CONSTITUTES CREDITABLE SERVICE FOR THE PURPOSE OF COMPUTING BASIC PAY. YOU REFER TO OUR DECISIONS OF 23 COMP. GEN. 164, AND 29 COMP. GEN. 59, AND YOU SAY IT APPEARS DOUBTFUL WHETHER SUCH SERVICE IS CREDITABLE ON AND AFTER OCTOBER 1, 1949, IN VIEW OF THE PROVISIONS IN THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 233.

UNDER THE PROVISIONS OF SECTION 207 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, 55 STAT. 12, AS AMENDED, 14 U.S.C. 756, THE COMMANDANT OF THE COAST GUARD IS AUTHORIZED TO ENROLL CERTAIN PERSONS THERE SPECIFIED AS TEMPORARY MEMBERS OF THE COAST GUARD RESERVE, FOR DUTY UNDER SUCH CONDITIONS AS HE MAY PRESCRIBE, INCLUDING BUT NOT LIMITED TO PART-TIME AND INTERMITTENT ACTIVE DUTY WITH OR WITHOUT PAY. IN OUR DECISION OF SEPTEMBER 4, 1943, 23 COMP. GEN. 164, WE HELD THAT AN ENLISTED TEMPORARY MEMBER OF THE COAST GUARD RESERVE ENROLLED FOR THREE MONTHS' PART-TIME DUTY WHO PERFORMED BUT TWO DAYS' DUTY EACH WEEK WOULD NOT BE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES, UNDER THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, 37 U.S.C. (1946 USED.) 101, THE OTHER FIVE DAYS A WEEK WHEN NO DUTY WAS ASSIGNED OR PERFORMED. HENCE, IN THAT DECISION WE RECOGNIZED THAT ACTIVE DUTY PERFORMED AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE WAS CREDITABLE FOR LONGEVITY PAY PURPOSES UNDER THE PROVISIONS OF SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, 37 U.S.C. (1946 USED.) 109. IN OUR DECISION OF AUGUST 4, 1949, 29 COMP. GEN. 59, WE SAID THAT WE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT TEMPORARY MEMBERS OF THE COAST GUARD RESERVE, AS SUCH, SERVE OR HAVE SERVED IN THE STATUS OF COMMISSIONED OFFICERS, WARRANT OFFICERS, FLIGHT OFFICERS, OR ENLISTED PERSONS WITHIN THE PURVIEW OF SECTION 302 OF TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, 34 U.S.C. 440I, SO AS TO BE ENTITLED TO CREDIT FOR SUCH SERVICE FOR RETIREMENT PURPOSES UNDER THAT ACT. IT WAS POINTED OUT IN THAT DECISION THAT TEMPORARY MEMBERS OF THE COAST GUARD RESERVE, UNLIKE REGULAR MEMBERS OF THE RESERVE, ARE NOT COMMISSIONED OR ENLISTED IN SUCH RESERVE BUT ARE ENROLLED, AND THAT THEIR GENERAL STATUS AND CONDITIONS OF SERVICE ARE ESSENTIALLY DIFFERENT FROM THOSE OF REGULAR MEMBERS OF THE COAST GUARD RESERVE. THE CONCLUSION REACHED IN THAT DECISION WAS BASED ON THE APPLICABLE STATUTE THERE INVOLVED. SUCH DECISION DID NOT OVERRULE OR MODIFY THE CONCLUSION REACHED IN 23 COMP. GEN. 164.

SUBSECTION 202 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 233 (A), LIKE THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, PROVIDES FOR COUNTING SERVICE IN THE COAST GUARD RESERVE FOR PAY PURPOSES. NEITHER ACT SPECIFICALLY PROVIDES FOR COUNTING SERVICE AS A TEMPORARY MEMBER OF SUCH RESERVE. SINCE IN THE DECISION OF SEPTEMBER 4, 1943, WE, IN EFFECT, RECOGNIZED THAT ACTIVE SERVICE AS A TEMPORARY MEMBER OF THE RESERVE WAS CREDITABLE FOR LONGEVITY PAY PURPOSES UNDER THE STATUTE THERE INVOLVED, IT DOES NOT APPEAR THAT ANY DIFFERENT CONCLUSION IS REQUIRED UNDER SUBSECTION 202 (A) OF THE 1949 ACT WHICH LISTS THE SERVICE CREDITABLE FOR BASIC PAY PURPOSES UNDER THAT ACT. FURTHERMORE, CLAUSE (6) OF SUBSECTION 202 (A), 37 U.S.C. 233 (A) (6), EXPRESSLY AUTHORIZES THE COUNTING OF "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.' SINCE ACTIVE DUTY PERFORMED AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE WAS CREDITABLE FOR LONGEVITY PAY PURPOSES ON SEPTEMBER 30, 1949, THE DAY PRECEDING THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, SUCH SERVICE, IF NOT OTHERWISE CREDITABLE UNDER SUBSECTION 202 (A), WOULD BE SAVED TO THE MEMBER UNDER THE EXPRESS PROVISIONS OF CLAUSE (6) OF THAT SUBSECTION SO AS TO CONTINUE TO PERMIT THE COUNTING OF SUCH SERVICE ON AND AFTER OCTOBER 1, 1949.

THERE HAVE NOT BEEN OVERLOOKED THE PROVISIONS OF 14 U.S.C. 893 AS ENACTED BY THE ACT OF AUGUST 4, 1949, 63 STAT. 495, PROVIDING THAT TEMPORARY MEMBERS OF THE COAST GUARD RESERVE ARE PRECLUDED FROM RECEIVING CERTAIN RIGHTS, PRIVILEGES, OR BENEFITS UNLESS SPECIFICALLY GRANTED IN THE APPLICABLE STATUTE. THAT ACT BECAME EFFECTIVE NOVEMBER 1, 1949 (SEE SECTION 19 OF THE ACT, 14 U.S.C. CH. 1 NOTE), AND DID NOT TAKE AWAY THE RIGHT TO COUNT SERVICE WHICH A MEMBER WAS OTHERWISE ENTITLED TO COUNT PRIOR TO ITS EFFECTIVE DATE.

ACCORDINGLY, COMMANDER ALLMAN'S SERVICE AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE DURING THE PERIOD JUNE 7, 1943, TO JANUARY 8, 1945, MAY BE INCLUDED IN COMPUTING HIS BASIC PAY FOR THE PERIOD MARCH 1 TO 31, 1958. PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.