B-24472, MAY 15, 1942, 21 COMP. GEN. 1012

B-24472, MAY 15, 1942, 21 COMP. GEN. 1012

PAY AND ALLOWANCES - TEMPORARILY PROMOTED NAVY, COAST GUARD AND MARINE CORPS PERSONNEL UNDER SECTION 7 OF THE ACT OF JULY 24, 1941, PROVIDING THAT NAVY, COAST GUARD, AND MARINE CORPS PERSONNEL TEMPORARILY PROMOTED PURSUANT TO THE ACT SHALL SUFFER NO REDUCTION IN THE PAY AND ALLOWANCES TO WHICH THEY WOULD HAVE BEEN ENTITLED HAD THEY NOT BEEN SO TEMPORARILY PROMOTED, MONEY ALLOWANCES FOR QUARTERS AND SUBSISTENCE APPLICABLE TO THE APPOINTEES' PERMANENT AND TEMPORARY GRADES UNDER SIMILAR CONDITIONS ARE FOR INCLUSION IN THE ALLOWANCES CONTEMPLATED BY THE SAID SECTION TO BE USED FOR COMPARISON PURPOSES IN DETERMINING WHICH OF THE GRADES CARRY THE HIGHER TOTAL PAY AND ALLOWANCES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 15, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 7, 1942, IN PART, AS FOLLOWS:

YOUR DECISION IS REQUESTED AS TO THE PROPER RATE OF PAY AND ALLOWANCES OF AN ENSIGN TEMPORARILY APPOINTED UNDER THE ACT OF JULY 24, 1941, WHO, IMMEDIATELY PRIOR TO SUCH APPOINTMENT, WAS A CHIEF PETTY OFFICER, PERMANENT APPOINTMENT, WITH DEPENDENTS, ON SHORE DUTY, WHOSE RATE OF PAY IMMEDIATELY PRIOR TO APPOINTMENT WAS $126 PER MONTH AND WHO WAS IN RECEIPT OF QUARTERS ALLOWANCE IN THE AMOUNT OF $1.15 PER DAY AND SUBSISTENCE ALLOWANCE IN THE AMOUNT OF $1.20 PER DAY---

(A) IF ASSIGNED AS ENSIGN TO DUTY ASHORE, (B) IF ASSIGNED AS ENSIGN TO DUTY AT SEA.

THE U.S. COAST GUARD ALSO HAS UNDER CONSIDERATION THE PROPOSED TEMPORARY APPOINTMENT AS ENSIGN OF A CHIEF PETTY OFFICER WITHOUT DEPENDENTS, WHO IS NOW STATIONED ON SHORE AND IN RECEIPT OF PAY AT THE RATE OF $126 PER MONTH, QUARTERS ALLOWANCE AT THE RATE OF $1.15 PER DAY, AND SUBSISTENCE ALLOWANCE AT THE RATE OF $1.20 PER DAY. YOUR FURTHER DECISION IS REQUESTED AS TO WHAT RATE OF PAY AND TO WHAT ALLOWANCES WILL THIS CHIEF PETTY OFFICER, UPON ACCEPTANCE OF TEMPORARY APPOINTMENTS AS ENSIGN, BE ENTITLED IF ASSIGNED---

(A) TO DUTY ASHORE, (B) TO DUTY AT SEA.

THE ACT OF JULY 24, 1941, PUBLIC NO. 188, 55 STAT. 603, 604, 605, 34 U.S.C. 350, ET SEQ., PROVIDES, IN PART:

SEC. 2.

(B) THE FOLLOWING PERSONNEL MAY BE TEMPORARILY APPOINTED TO RANKS OR GRADES IN THE REGULAR NAVY OR MARINE CORPS, NOT ABOVE LIEUTENANT IN THE NAVY AND CAPTAIN IN THE MARINE CORPS:

(3) FIRST-CLASS PETTY OFFICERS AND ABOVE IN THE REGULAR NAVY AND PLATOON OR STAFF SERGEANTS AND ABOVE IN THE REGULAR MARINE CORPS, INCLUDING ENLISTED MEN OF THOSE GRADES ON THE RETIRED LIST ON ACTIVE DUTY.

SEC. 7. (A) 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: PROVIDED, THAT EXCEPT AS OTHERWISE PROVIDED HEREIN NO PERSON WHO SHALL ACCEPT A COMMISSION OR WARRANT UNDER SECTIONS 2 AND 3 OF THIS ACT SHALL, WHILE SERVING THEREUNDER, BE ENTITLED TO PAY OR ALLOWANCES EXCEPT AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED: PROVIDED FURTHER, THAT NO PERSON TEMPORARILY APPOINTED UNDER THE AUTHORITY OF THIS ACT SHALL SUFFER ANY REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN SO TEMPORARILY APPOINTED.

SEC. 11. THE PROVISIONS OF THIS ACT, EXCEPT AS MAY BE NECESSARY TO ADOPT THE SAME THERETO SHALL APPLY TO---

(B) PERSONNEL OF THE COAST GUARD IN RELATIONSHIP TO THE COAST GUARD IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY APPLY TO PERSONNEL OF THE NAVY IN RELATIONSHIP TO THE NAVY: PROVIDED, THAT TEMPORARY APPOINTMENTS MAY BE MADE TO SUCH RANK AND GRADE IN THE COAST GUARD, NOT ABOVE CAPTAIN, AS CORRESPOND TO THE RANK AND GRADE THAT MAY BE ATTAINED, EITHER PERMANENTLY OR TEMPORARILY, BY LINE OFFICERS OF THE REGULAR NAVY OF THE SAME LENGTH OF TOTAL COMMISSIONED SERVICE.

IN THE EXAMPLES GIVEN, THE PAY AND ALLOWANCES OF THE ENLISTED MAN ON SHORE DUTY IN THE UNITED STATES, WHETHER WITH OR WITHOUT DEPENDENTS, WOULD BE THE SAME IN VIEW OF EXECUTIVE ORDER NO. 8688, DATED FEBRUARY 19, 1941, ISSUED PURSUANT TO THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, WHICH PROHIBITS PAYMENT OF THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IF THE ENLISTED MAN IS RECEIVING THE NONTRAVEL MONEY ALLOWANCE FOR QUARTERS IN HIS OWN RIGHT. IN BOTH CASES, THEREFORE, THE PAY AND ALLOWANCES OF THE ENLISTED MAN UNDER THE GIVEN CIRCUMSTANCES WOULD AMOUNT TO $196.50 FOR A 30-DAY MONTH ON THE BASIS THAT PUBLIC QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE. UNDER THE FIRST PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AND THE ACT OF JUNE 10, 1922, 42 STAT. 625, AS AMENDED, THE PAY AND ALLOWANCES OF A TEMPORARY ENSIGN WITH DEPENDENTS WHILE ON SHORE DUTY IN THE UNITED STATES WOULD AMOUNT TO $183 PER 30-DAY MONTH IF PUBLIC QUARTERS WERE NOT AVAILABLE FOR HIMSELF AND HIS DEPENDENTS; THE AMOUNT WOULD BE THE SAME IF HE HAD NO DEPENDENTS AND NO PUBLIC QUARTERS WERE AVAILABLE FOR HIS OCCUPANCY. ON SEA DUTY WITH DEPENDENTS THE PAY AND ALLOWANCES OF THE TEMPORARY ENSIGN WOULD BE $195.50 PER MONTH, CONSISTING OF $125 PAY, PLUS $18 SUBSISTENCE ALLOWANCE, PLUS $40 RENTAL ALLOWANCE, PLUS $12.50 SEA PAY, REPRESENTING 10 PERCENT OF THE FIRST ITEM UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942, PUBLIC NO. 490, 56 STAT. 148, AND IF THE SAME OFFICER HAD NO DEPENDENTS AS DEFINED IN SECTION 4 OF THE ACT OF JUNE 10, 1922, AS AMENDED, THE ABOVE TOTAL WOULD BE REDUCED BY $40 PER MONTH OR TO $155.50.

THE PAY AND ALLOWANCES TO WHICH AN ENLISTED MAN IS ENTITLED HAD HE NOT BEEN TEMPORARILY APPOINTED AN ENSIGN AND IN WHICH HE SHALL SUFFER NO REDUCTION, ARE THE DIRECT AND FIXED AMOUNTS OF MONEY PROVIDED BY LAW IN CONSIDERATION OF AND AS COMPENSATION FOR HIS PERSONAL SERVICES.

IN DECISION OF THIS OFFICE TO THE SECRETARY OF THE NAVY, B-24219, DATED MAY 7, 1942, 21 COMP. GEN. 991, IT WAS SAID WITH REFERENCE TO THE EFFECT OF THE SAVING CLAUSE CONTAINED IN SECTION 7 (A) OF THE ACT OF JULY 24, 1941, ON THE PAY OF ENLISTED MEN IN THE REGULAR ESTABLISHMENT HOLDING TEMPORARY COMMISSIONS THAT:

* * * IT WOULD INCLUDE THE PAY AND ALLOWANCES TO WHICH ENTITLED IN HIS PERMANENT STATUS AT THE TIME OF TEMPORARY APPOINTMENT AND ADDITIONAL PAY FOR LENGTH OF SERVICE WHEN AND IF AN ADDITIONAL PERIOD OF SERVICE AUTHORIZED TO BE COUNTED IS COMPLETED. IT WOULD INCLUDE, ALSO, ANY AND ALL PAY, AND ALLOWANCES PAYABLE IN MONEY, WHICH WOULD HAVE ACCRUED BY VIRTUE OF HIS STATION AND DUTY IN THE STATUS OCCUPIED WHEN FIRST TEMPORARILY APPOINTED. * * *

THE PAYMENT OF MONEY ALLOWANCES BEING DEPENDENT UPON THE DUTY STATUS OF THE ENLISTED MAN, THEY ARE FOR INCLUDING AS PART OF THE ALLOWANCES CONTEMPLATED BY THE LAST PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, TO BE USED AS A BASIS FOR COMPARISON DURING PERIODS WHEN PERFORMING THE DUTIES OF A TEMPORARY COMMISSIONED OFFICER UNDER SIMILAR CONDITIONS. THEREFORE, WHEN THE ENLISTED MAN IS ENTITLED TO RECEIVE THE MONEY ALLOWANCE FOR QUARTERS, THAT ITEM REPRESENTS PART OF HIS PAY AND ALLOWANCES WITHIN CONTEMPLATION OF THE LAST PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, SUPRA.

GIVING APPLICATION TO THE ABOVE RULE, THE MONTHLY PAY AND ALLOWANCES OF THE ENLISTED MAN ASHORE, WITH DEPENDENTS, $196.50, BEING GREATER THAN THE MONTHLY PAY AND ALLOWANCES OF THE ENSIGN ON SHORE DUTY IN THE UNITED STATES, $183, THE PROVISIONS OF THE LAST PROVISO OF SECTION 7 (A) WOULD APPLY. IF THE TEMPORARY ENSIGN WITH DEPENDENTS WERE ON SEA DUTY HIS TOTAL PAY AND ALLOWANCES WOULD BE INCREASED BY $12.50 PER MONTH UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942, MAKING HIS TOTAL PAY AND ALLOWANCES $195.50, WHILE THE PAY AND ALLOWANCES OF THE ENLISTED MAN WITH DEPENDENTS IN A SEA DUTY STATUS, OMITTING THE MONEY ITEM FOR SUBSISTENCE, WOULD BE INCREASED 20 PERCENT, $25.20, MAKING THE TOTAL $185.70. THE PAY AND ALLOWANCES AS TEMPORARY ENSIGN BEING GREATER, HE WOULD BE ENTITLED TO BE PAID AS SUCH.

WHERE THE PERSON HAS NO DEPENDENTS THE PAY AND ALLOWANCES OF THE ENLISTED MAN WOULD AMOUNT TO $196.50 PER MONTH ON SHORE DUTY WHERE ENTITLED TO THE MONEY ALLOWANCE FOR SUBSISTENCE AND QUARTERS, WHILE THE PAY AND ALLOWANCES OF THE TEMPORARY ENSIGN WITHOUT DEPENDENTS WOULD BE $183 PER MONTH ASHORE (IF PUBLIC QUARTERS WERE NOT AVAILABLE), AND $155.50 PER MONTH WHILE ON SEA DUTY. THE PAY OF THE ENLISTED MAN, WITHOUT DEPENDENTS, ON SEA DUTY WOULD BE $126 PLUS $25.20 SEA PAY, OR $151.20, WHICH WOULD BE LESS THAN THE TOTAL PAY AND ALLOWANCES PAYABLE IN HIS STATUS AS TEMPORARY ENSIGN; HENCE HE WOULD BE ENTITLED UNDER THE LAST PROVISO OF SECTION 7 (A) TO THE HIGHER PAY AND ALLOWANCES APPLICABLE TO HIS PERMANENT ENLISTED STATUS HELD IMMEDIATELY PRIOR TO HIS TEMPORARY APPOINTMENT WHILE ON SHORE DUTY IN THE CIRCUMSTANCES STATED, AND TO THE PAY OF AN ENSIGN, TEMPORARY, WHILE ON SEA DUTY. IT SHOULD BE STATED THAT IF THE DUTY ASHORE IS AT A PLACE WHERE AN ENLISTED MAN WITHOUT DEPENDENTS OF THE GRADE HELD IMMEDIATELY PRIOR TO ACCEPTANCE OF COMMISSION WOULD BE QUARTERED, THE QUARTERS ALLOWANCE PAYABLE TO AN ENLISTED MAN SHOULD NOT BE INCLUDED IN THE COMPUTATION OF HIS PAY AND ALLOWANCES AS AN ENLISTED MAN FOR COMPARISON WITH HIS PAY AS AN ENSIGN, TEMPORARY.