B-138263, FEB 10, 1959

B-138263: Feb 10, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

UNITED STATES COAST GUARD: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23. WITH ENCLOSURES (STATED TO HAVE BEEN CLEARED BY THE MILITARY PAY AND ALLOWANCE COMMITTEE. WHICH APPLICATION WAS FILED ON DECEMBER 20. OF WHICH ONLY 3 YEARS AND 21 DAYS WAS SATISFACTORY FEDERAL SERVICE IN A RESERVE COMPONENT. IS SATISFACTORY FEDERAL SERVICE. YOU SAY THAT LIEUTENANT GREGORY CONTENDS THAT SATISFACTORY FEDERAL SERVICE AS USED IN SECTION 302 OF PUBLIC LAW 810 AND QUALIFYING SERVICE FOR RETIREMENT AS USED IN THE FIRST PROVISO OF THAT SECTION ARE NOT SYNONYMOUS. ARE SEPARATE AND DISTINCT. IS CREDITABLE FOR LONGEVITY PAY PURPOSES AND SINCE THE POINTS EARNED AND CREDITED DURING THAT PERIOD WILL BE USED TO COMPUTE HIS RETIRED PAY UNDER SECTION 303 OF THE 1948 ACT.

B-138263, FEB 10, 1959

PRECIS-UNAVAILABLE

C. C. GORDON, UNITED STATES COAST GUARD:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23, 1958, WITH ENCLOSURES (STATED TO HAVE BEEN CLEARED BY THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, AND ASSIGNED SUBMISSION NO. 386), REQUESTING A DECISION IN THE CASE OF LIEUTENANT CHARLES C. GREGORY, UNITED STATES COAST GUARD RESERVE, CONCERNING THE VALIDITY OF HIS APPLICATION FOR RETIREMENT UNDER TITLE III OF PUBLIC LAW 810, APPROVED JUNE 29, 1948, 62 STAT. 1087, WHICH APPLICATION WAS FILED ON DECEMBER 20, 1957.

YOU REPORT THAT LIEUTENANT GREGORY COMPLETED 21 YEARS, 11 MONTHS AND 20 DAYS' SATISFACTORY FEDERAL SERVICE PRIOR TO JULY 1, 1949, OF WHICH ONLY 3 YEARS AND 21 DAYS WAS SATISFACTORY FEDERAL SERVICE IN A RESERVE COMPONENT. THE LATTER SERVICE, AS SHOWN BY THE ENCLOSURES, CONSISTS OF INACTIVE DUTY IN THE UNITED STATES COAST GUARD RESERVE DURING THE PERIOD JUNE 10, 1946, TO JUNE 30, 1949. HENCE, PRIOR TO JULY 1, 1949, THE OFFICER HAD 3 YEARS' SATISFACTORY FEDERAL SERVICE IN A RESERVE COMPONENT. YOU ALSO REPORT THAT SUBSEQUENT TO JUNE 30, 1949, LIEUTENANT GREGORY HAS MAINTAINED CONTINUOUS MEMBERSHIP IN THE COAST GUARD RESERVE, BUT ONLY THE PERIOD JULY 1, 1956, TO APRIL 30, 1958 (1 YEAR AND 10 MONTHS), IS SATISFACTORY FEDERAL SERVICE. IN THAT CONNECTION, YOU ENCLOSED A COMPUTATION SHOWING THE OFFICER'S TOTAL FEDERAL SERVICE UNDER PUBLIC LAW 810 SUBSEQUENT TO JUNE 30, 1949, AND THE NUMBER OF POINTS EARNED BY HIM DURING THE FOLLOWING PERIODS AS A MEMBER OF THE COAST GUARD RESERVE: JULY 1, 1949, TO JUNE 30, 1950, 24 POINTS; JULY 1, 1950, TO JUNE 30, 1951, 15 POINTS; JULY 1, 1951, TO JUNE 30, 1952, 15 POINTS; JULY 1, 1952, TO JUNE 30, 1953, 29 POINTS; JULY 1, 1953, TO JUNE 30, 1954, 15 POINTS; JULY 1, 1954, TO JUNE 30, 1955, 15 POINTS; JULY 1, 1955, TO JUNE 30, 1956, 26 POINTS; JULY 1, 1956, TO JUNE 30, 1957, 87 POINTS; AND JULY 1, 1957, TO APRIL 30, 1958, 105 POINTS. THE OFFICER EARNED 50 OR MORE POINTS DURING THE YEAR BEGINNING JULY 1, 1956, AND ENDING JULY 30, 1957, AND ANOTHER 50 OR MORE POINTS DURING THE PERIOD JULY 1, 1957, TO APRIL 30, 1958, THUS ENTITLING HIM TO AN ADDITIONAL 2 YEARS OF SATISFACTORY FEDERAL SERVICE. ON THAT BASIS, THE OFFICER HAD A TOTAL OF 5 YEARS' SATISFACTORY FEDERAL SERVICE IN A RESERVE COMPONENT (3 YEARS PRIOR TO JULY 1, 1949, AND 2 YEARS SUBSEQUENT TO THAT DATE).

YOU SAY THAT LIEUTENANT GREGORY CONTENDS THAT SATISFACTORY FEDERAL SERVICE AS USED IN SECTION 302 OF PUBLIC LAW 810 AND QUALIFYING SERVICE FOR RETIREMENT AS USED IN THE FIRST PROVISO OF THAT SECTION ARE NOT SYNONYMOUS, BUT ARE SEPARATE AND DISTINCT. IN SUPPORT OF HIS CONTENTION, THE OFFICER CLAIMS THAT SINCE THE ENTIRE PERIOD JULY 1, 1949, TO APRIL 30, 1958, IS CREDITABLE FOR LONGEVITY PAY PURPOSES AND SINCE THE POINTS EARNED AND CREDITED DURING THAT PERIOD WILL BE USED TO COMPUTE HIS RETIRED PAY UNDER SECTION 303 OF THE 1948 ACT, SUCH SERVICE MUST BE CONSIDERED QUALIFYING SERVICE FOR RETIREMENT.

YOU ASK WHETHER OR NOT QUALIFYING SERVICE FOR RETIREMENT AS USED IN THE FIRST PROVISO OF SECTION 302 OF PUBLIC LAW 810 FOR YEARS SUBSEQUENT TO THE EFFECTIVE DATE OF THAT ACT IS SYNONYMOUS WITH SATISFACTORY FEDERAL SERVICE AS USED ELSEWHERE IN THAT SECTION.

TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, WAS SUPERSEDED BY CHAPTER 67, 10 U.S.C. 1331-1337, AUGUST 10, 1956. THE PROVISIONS OF TITLE III WERE RESTATED IN THE ACT OF AUGUST 10, 1956, WITHOUT SUBSTANTIVE CHANGE. SEE SECTION 49(A) OF THAT ACT, 70A STAT. 640. 10 U.S.C. 1332 PROVIDES THAT "FOR THE PURPOSE OF DETERMINING WHETHER A PERSON IS ENTITLED TO RETIRED PAY UNDER SECTION 1331 OF THIS TITLE" - ELIGIBILITY REQUIREMENTS INCLUDE "EIGHT YEARS OF QUALIFYING SERVICE AS A MEMBER OF A RESERVE COMPONENT" - HIS YEARS OF SERVICE ARE COMPUTED BY ADDING HIS YEARS OF SERVICE BEFORE JULY 1, 1949, AND "EACH ONE-YEAR PERIOD, AFTER JULY 1, 1949, IN WHICH HE HAS BEEN CREDITED WITH AT LEAST 50 POINTS" ON THE BASIS THERE PROVIDED. THAT SUCH STATUTORY PROVISIONS EXPRESS THE INTENT OF THE CONGRESS IS SHOWN BY THE STATEMENT CONTAINED IN SENATE REPORT NO. 1543, DATED JUNE 8, 1948, ON H. R. 2744 (WHICH BECAME THE ACT OF JUNE 29, 1948) CONCERNING SECTION 302, THAT "EACH YEAR TO BE CONSIDERED SATISFACTORY REQUIRES A PERSON TO EARN A MINIMUM OF 50 POINTS IN ACCORDANCE WITH THE SCHEDULE BELOW. FAILURE TO EARN THESE 50 POINTS RESULTS IN THE YEAR NOT BEING CONSIDERED SATISFACTORY AND NOT THEREFORE COUNTED TOWARD QUALIFYING TIME." IT IS OF NO SIGNIFICANCE THAT SECTION 303 OF THE 1948 ACT, AS CODIFIED IN 10 U.S.C. 1333 AND 1401, FORMULA NO. 3, PERMITS THE COUNTING OF ALL SERVICE BOTH ACTIVE AND INACTIVE FOR BASE AND LONGEVITY PAY PURPOSES, SINCE THOSE PROVISIONS PERTAIN ONLY TO THE METHOD OF COMPUTING THE RETIRED PAY OF PERSONS OTHERWISE ENTITLED THERETO. THE PROVISIONS OF SECTION 302 OF THE 1948 ACT, AS CODIFIED IN 10 U.S.C. 1331 AND 1332, PRESCRIBE THE SERVICE REQUIREMENTS AND THE METHOD FOR COMPUTING AN INDIVIDUAL'S YEARS OF SERVICE IN DETERMINING ELIGIBILITY FOR SUCH RETIRED PAY AND LIEUTENANT GREGORY'S RIGHT TO RETIRED PAY IS GOVERNED BY SUCH PROVISIONS OF LAW. COMPARE 32 COMP. GEN. 225.

SINCE LIEUTENANT GREGORY HAD ONLY 5 YEARS OF THE REQUISITE 8 YEARS OF QUALIFYING SERVICE AS A MEMBER OF A RESERVE COMPONENT AS OF APRIL 30, 1958, HE HAS NOT MET THE STATUTORY REQUIREMENTS FOR ELIGIBILITY FOR RETIRED PAY UNDER CHAPTER 67, 10 U.S.C. THE PAPERS ENCLOSED WITH YOUR LETTER WILL BE RETAINED HERE.