B-158948, JUN. 15, 1966, 45 COMP. GEN. 793

B-158948, JUN. 15, 1966, 45 COMP. GEN. 793

PAY - RETIRED - GOOD CONDUCT CITATION - ENTITLEMENT A UNITED STATES COAST GUARD RESERVE MEMBER RETIRED NOVEMBER 1, 1965 UNDER 14 U.S.C. 755 (E), A SECTION AMENDED BY THE ACT OF SEPTEMBER 25, 1965 TO PROVIDE THE SAME RETIREMENT RIGHTS, BENEFITS, AND PRIVILEGES PRESCRIBED FOR ENLISTED MEMBERS OF THE REGULAR COAST GUARD FOR RESERVE ENLISTED MEMBERS WHO REQUEST RETIREMENT ON THE BASIS OF YEARS OF ACTIVE SERVICE, IS NOT ENTITLED TO THE ADDITIONAL 10 PERCENT FORMERLY AUTHORIZED FOR GOOD CONDUCT MARKS IN THE COMPUTATION OF RETIRED PAY, THE SAVING PROVISION IN THE ACT OF SEPTEMBER 6, 1963, WHICH ELIMINATED THE AUTHORIZATION HAVING NO APPLICATION, THE MEMBER ALTHOUGH ON ACTIVE DUTY AT THE TIME HAD NO RIGHT TO THE INCREASE IN RETIRED PAY TO PRESERVE HIS RETIREMENT BENEFITS BASED ON THOSE PRESCRIBED FOR ENLISTED MEMBERS OF THE NAVAL RESERVE NOT INCLUDING A 10 PERCENT INCREASE IN RETIRED PAY ON ACCOUNT OF GOOD CONDUCT MARKS, AND NEITHER IS THE MEMBER ELIGIBLE TO PAYMENT OF THE INCREASE UNDER 14 U.S.C. 755 (E), AMENDED BY THE 1965 ACT, THE INCREASE HAVING BEEN ELIMINATED PRIOR TO THE 1965 ACT.

TO FLORENCE B. ZELDER, UNITED STATES COAST GUARD, JUNE 15, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1966, REQUESTING DECISION AS TO ENTITLEMENT OF MR. CLIFFORD M. LOMAX, 2044306 PSI, U.S. COAST GUARD RESERVE, RETIRED, TO AN ADDITIONAL 10 PERCENT FOR GOOD CONDUCT IN THE COMPUTATION OF HIS RETIRED PAY.

THE RECORD SHOWS THAT MR. LOMAX WAS RETIRED NOVEMBER 1, 1965, UNDER AUTHORITY OF 14 U.S.C. 755 (E) WHICH SECTION, AS AMENDED BY THE ACT OF SEPTEMBER 25, 1965, PUBLIC LAW 89-200, 79 STAT. 834, PROVIDES THAT ENLISTED MEMBERS OF THE COAST GUARD RESERVE REQUESTING RETIREMENT ON THE BASIS OF YEARS OF ACTIVE SERVICE SHALL BE ENTITLED TO THE SAME RETIREMENT RIGHTS, BENEFITS AND PRIVILEGES AS PRESCRIBED BY LAW FOR ENLISTED MEMBERS OF THE REGULAR COAST GUARD. HIS SERVICE TOTALS 26 YEARS 10 MONTHS AND 2 DAYS, OF WHICH 21 YEARS 2 MONTHS AND 23 DAYS REPRESENT ACTIVE SERVICE. UNDER 14 U.S.C. 423 THE PERCENTAGE MULTIPLE TO BE USED IN COMPUTING HIS RETIRED PAY IS 67-1/2.

AN ENLISTED MEMBER OF THE REGULAR COAST GUARD WHO WAS RETIRED BY REASON OF 20 YEARS OF SERVICE WAS ENTITLED UNDER 14 U.S.C. 357 (C) (1958 ED.) HAVE HIS RETIRED PAY INCREASED BY AN AMOUNT EQUAL TO 10 PERCENT OF THE ACTIVE DUTY PAY AND PERMANENT ADDITIONS THERETO OF THE GRADE OR RATING WITH WHICH RETIRED IF HE HAD BEEN CITED FOR EXTRAORDINARY HEROISM IN LINE OF DUTY OR IF HIS AVERAGE MARKS IN CONDUCT DURING HIS SERVICE IN THE COAST GUARD WERE NOT LESS THAN 97 1/2 PERCENT OF THE MAXIMUM. THAT SECTION WAS AMENDED BY PUBLIC LAW 88 114, APPROVED SEPTEMBER 6, 1963, 77 STAT. 144, TO ELIMINATE THE AUTHORIZATION FOR THE 10 PERCENT INCREASE ON ACCOUNT OF GOOD CONDUCT MARKS. THE AMENDING STATUTE PROVIDES THAT THE AMENDMENT "DOES NOT APPLY TO ANY ENLISTED MAN IN SERVICE ON THE EFFECTIVE DATE OF THIS ACT.'

WHILE MR. LOMAX WAS SERVING ON ACTIVE DUTY ON SEPTEMBER 6, 1963, EXAMINATION OF THE LEGISLATIVE HISTORY OF PUBLIC LAW 84-114 INDICATES THAT THE SAVED PAY PROVISIONS OF THAT ACT WERE ENACTED FOR THE PURPOSE OF PRESERVING POTENTIAL RIGHTS WHICH HAD A BASIS IN LAW AT THAT TIME. THE PROVISIONS OF 14 U.S.C. 755 (E) THEN IN EFFECT AUTHORIZED FOR MEMBERS OF THE COAST GUARD RESERVE "THE SAME RETIREMENT BENEFITS AS PRESCRIBED BY LAW FOR PERSONNEL OF THE NAVAL RESERVE.' SINCE ENLISTED MEMBERS OF THE NAVAL RESERVE WERE NOT ENTITLED TO A 10 PERCENT INCREASE IN RETIRED PAY ON ACCOUNT OF GOOD CONDUCT MARKS AT THAT TIME, MR. LOMAX HAD NO RETIREMENT RIGHTS, INCHOATE OR OTHERWISE, TO WHICH THE SAVED PAY PROVISIONS OF THE 1963 ACT COULD APPLY. WHILE HIS RETIREMENT IN 1965 ENTITLED HIM TO "THE SAME RETIREMENT RIGHTS, BENEFITS, AND PRIVILEGES AS PRESCRIBED BY LAW FOR ENLISTED MEMBERS OF THE REGULAR COAST GUARD" UNDER THE PROVISIONS OF 14 U.S.C. 755 (E) CURRENTLY IN EFFECT, THESE DID NOT INCLUDE THE ADDITIONAL 10 PERCENT FOR GOOD CONDUCT MARKS, SINCE THE PROVISIONS OF LAW RELATING TO SUCH INCREASE IN RETIRED PAY WERE NO LONGER IN EFFECT. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.

PAYMENT ON THE VOUCHER FORWARDED WITH YOUR LETTER NOT BEING AUTHORIZED, SUCH VOUCHER WILL BE RETAINED HERE.