B-25754, JUNE 10, 1942, 21 COMP. GEN. 1107

B-25754: Jun 10, 1942

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PAY - ADDITIONAL - SEA DUTY - NAVY OFFICER SICK IN HOSPITAL A NAVY OFFICER WHO WAS IN A SEA-DUTY STATUS WHEN ADMITTED TO A HOSPITAL FOR TREATMENT WITHOUT AN ORDER GRANTING HIM SICK LEAVE OR DETACHING HIM FROM DUTY IS ENTITLED. EXCEPT THAT IF THE VESSEL ABOARD WHICH HE HAD BEEN SERVING WAS LOST. A NAVY OFFICER WHO WAS IN A SEA-DUTY STATUS WHEN ADMITTED TO A HOSPITAL FOR TREATMENT IS NOT ENTITLED TO THE ADDITIONAL PAY FOR SEA DUTY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7. SUCH A CASE BEING DISTINGUISHABLE FROM THE CASE OF AN OFFICER WHO IS SERVING ABOARD A VESSEL AND IS SUBSEQUENTLY DETACHED THEREFROM PURSUANT TO ORDERS RECEIVED ON BOARD. AS FOLLOWS: THERE IS FORWARDED HEREWITH A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS.

B-25754, JUNE 10, 1942, 21 COMP. GEN. 1107

PAY - ADDITIONAL - SEA DUTY - NAVY OFFICER SICK IN HOSPITAL A NAVY OFFICER WHO WAS IN A SEA-DUTY STATUS WHEN ADMITTED TO A HOSPITAL FOR TREATMENT WITHOUT AN ORDER GRANTING HIM SICK LEAVE OR DETACHING HIM FROM DUTY IS ENTITLED, WHILE IN THE HOSPITAL, TO THE ADDITIONAL PAY FOR SEA DUTY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, EXCEPT THAT IF THE VESSEL ABOARD WHICH HE HAD BEEN SERVING WAS LOST, THERE HAS BEEN A DETACHMENT IN FACT, WITHOUT THE NECESSITY OF ORDERS, TERMINATING HIS SEA- DUTY STATUS. A NAVY OFFICER WHO WAS IN A SEA-DUTY STATUS WHEN ADMITTED TO A HOSPITAL FOR TREATMENT IS NOT ENTITLED TO THE ADDITIONAL PAY FOR SEA DUTY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, FROM THE DATE OF HIS ORDERS DETACHING HIM FROM HIS VESSEL, SUCH A CASE BEING DISTINGUISHABLE FROM THE CASE OF AN OFFICER WHO IS SERVING ABOARD A VESSEL AND IS SUBSEQUENTLY DETACHED THEREFROM PURSUANT TO ORDERS RECEIVED ON BOARD.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 10, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 29, 1942, AS FOLLOWS:

THERE IS FORWARDED HEREWITH A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED APRIL 24, 1942, WITH ENCLOSURE OF COPY OF COMMUNICATION FROM THE MEDICAL OFFICER IN COMMAND, U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, RELATIVE TO THE QUESTION OF THE SEA DUTY STATUS OF LIEUTENANT (J.G.) JOSEPH H. SEAVER, E-V (S), U.S. NAVAL RESERVE, FOR PAY PURPOSES.

YOUR DECISION IS REQUESTED AS TO THE EFFECTIVE DATE OF DETACHMENT OF LIEUTENANT (J.G.) SEAVER FROM SEA DUTY FOR PAY PURPOSES WITHIN THE MEANING OF SECTION 18 OF THE ACT APPROVED MARCH 7, 1942 ( PUBLIC LAW 490-- - 77TH CONGRESS), UNDER THE CONDITIONS STATED IN THE ENCLOSURE.

BY DIRECTION OF THE SECRETARY OF THE NAVY.

THERE WAS ATTACHED TO YOUR LETTER A RADIO COMMUNICATION FROM THE COMMANDING OFFICER OF THE NAVAL HOSPITAL AT CORONA, CALIF., AS FOLLOWS:

NAVAL COMMUNICATION SERVICE,

NAVY DEPARTMENT.

COPY OF AIRMAILGRAM FROM: MEDOF COMM NAV HOSP CORONA CALIF

151015 ACTION: BUNAV LV

IN CREDITING AREAS OFFICERS REQUEST ADVISE PROPER DATE DETACHMENT SEA DUTY X LIEUT JUNIOR GRADE JOSEPH H SEAVER NAVRES X BUNAV ORDERS DETACHED VESTAL 11 JAN 1942 ORDERS DELIVERED HOSPITAL MARE ISLAND 16 JAN OFFICERS ENDORSEMENT ON ORDERS RECEIVED 20 JAN REFERENCE: (A) ALNAV-51 NO 110345 MARCH 11 1942

(B) BUNAV ORDERS NO 68278-14 OF 11 JAN 1942

(NAV-31-ICS JAN 11) TOR COMMOFF 10133/18 BUNAV/1ACTION

ALSO, A LETTER FROM THE CHIEF OF THE BUREAU OF NAVIGATION DATED APRIL 24, 1942, AS FOLLOWS: SUBJECT: LIEUTENANT (JG) JOSEPH H. SEAVER, E-V (S), U.S.N.R., SEA

DUTY STATUS OF FOR PAY PURPOSES. REFERENCES: (A) N.M.S. HOSPITAL FORM 1 DATED DECEMBER 16, 1941,

FROM THE NAVAL HOSPITAL, PEARL HARBOR, T.H., TO

BUNAV WITH ENDORSEMENT.

(B) N.M.S. HOSPITAL FORM 1 DATED DECEMBER 19, 1941,

FROM THE NAVAL HOSPITAL, PEARL HARBOR, T.H., TO

BUNAV WITH ENDORSEMENT.

(C) REPORT OF MEDICAL SURVEY AT THE U.S. NAVAL

HOSPITAL, MARE ISLAND, CALIFORNIA, DATED

JANUARY 9, 1942.

(D) BUNAV LETTER NAV-31-ICS 16576 DATED JANUARY 11,

1942, TO LIEUTENANT (JG) JOSEPH H. SEAVER,

E-V (S), U.S.N.R.

(E) N. NAV. 17 ( AUG., 1927) DATED FEBRUARY 20, 1942,

FROM U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, TO

BUNAV.

(F) AIRMAILGRAM 151015 OF APRIL 1942, FROM THE MEDICAL

OFFICER IN COMMAND, NAVAL HOSPITAL, CORONA,

CALIFORNIA, TO BUNAV. ENCLOSURE: (A) COPY OF REFERENCE (F).

1. BY REFERENCE (A) LIEUTENANT (JG) JOSEPH H. SEAVER, E-V (S), U.S.N.R., WAS ADMITTED ON DECEMBER 7, 1941, TO THE U.S. NAVAL HOSPITAL, PEARL HARBOR, T.H., FROM THE U.S.S. VESTAL.

2. BY REFERENCE (B) LIEUTENANT (JG) SEAVER WAS TRANSFERRED ON DECEMBER 18, 1941, FROM THE U.S. NAVAL HOSPITAL, PEARL HARBOR, T.H., TO A U.S. ARMY TRANSPORT FOR FURTHER TRANSFER TO A HOSPITAL ON THE MAINLAND.

3. BY REFERENCE (C) LIEUTENANT (JG) SEAVER WAS ADMITTED TO THE U.S. NAVAL HOSPITAL, MARE ISLAND, CALIFORNIA, ON DECEMBER 25, 1941, WITH THE RECOMMENDATION THAT HE BE SENT TO THE U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, FOR FURTHER TREATMENT.

4. BY REFERENCE (D) LIEUTENANT (JG) SEAVER WAS DETACHED FROM DUTY ON BOARD THE U.S.S. VESTAL BY THE BUREAU OF NAVIGATION ORDERS 16576 OF JANUARY 11, 1942, AND ORDERED TO CONTINUE TREATMENT AT THE NAVAL HOSPITAL, MARE ISLAND, CALIFORNIA.

5. BY REFERENCE (E) LIEUTENANT (JG) SEAVER REPORTED TO THE U.S. NAVAL HOSPITAL, CORONA, CALIFORNIA, ON FEBRUARY 20, 1942, IN COMPLIANCE WITH BUREAU OF NAVIGATION LETTER 19426 OF FEBRUARY 10, 1942.

6. BY REFERENCE (F) AND AS INDICATED BY ENCLOSURE (A), THE MEDICAL OFFICER IN COMMAND OF THE NAVAL HOSPITAL, CORONA, CALIFORNIA, HAS REQUESTED ADVICE AS TO THE PROPER DETACHMENT DATE FROM SEA DUTY FOR THE PURPOSES OF ADJUSTING LIEUTENANT (JG) SEAVER'S PAY ACCOUNTS.

7. IT IS REQUESTED THAT THE COMPTROLLER GENERAL RENDER A DECISION IN THE CASE OF LIEUTENANT (JG) SEAVER ON THE BASIS OF THE FACTS OF THE CASE AS SUBMITTED HEREWITH, IN ORDER THAT THE SUBJECT OFFICER'S PAY ACCOUNTS MAY BE PROPERLY ADJUSTED.

IT IS NOTED THAT NEITHER OF THESE OFFICERS IS CHARGED WITH THE DUTY OF PAYING OFFICERS OF THE NAVY.

SECTION 18 OF THE ACT OF MARCH 7, 1942, PUBLIC LAW 490, 56 STAT. 148, PROVIDES:

HEREAFTER THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER IN SUCH FORCES SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, WHICH INCREASES IN PAY SHALL BE IN ADDITION TO PAY AND ALLOWANCES AS NOW AUTHORIZED: PROVIDED, THAT THE PERCENTUM INCREASES HEREIN AUTHORIZED SHALL BE INCLUDED IN COMPUTING INCREASES IN PAY FOR AVIATION AND SUBMARINE DUTY: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE FROM DECEMBER 7, 1941, AND SHALL CEASE TO BE IN EFFECT TWELVE MONTHS AFTER THE TERMINATION OF THE PRESENT WAR IS PROCLAIMED BY THE PRESIDENT.

IN CONSTRUING SECTION 1571 OF THE REVISED STATUTES IT WAS HELD BY THE FORMER COMPTROLLER OF THE TREASURY THAT AN OFFICER OF THE NAVY WHO WAS ADMITTED TO A HOSPITAL FOR TREATMENT WITHOUT AN ORDER GRANTING HIM SICK LEAVE OR DETACHING HIM FROM DUTY IS NOT THEREBY DETACHED FROM HIS VESSEL NOR IS THE CHARACTER OF HIS SERVICE CHANGED THEREBY, AND WHILE IN THE HOSPITAL HE IS ENTITLED TO THE PAY PERTAINING TO THE DUTY TO WHICH HE WAS ASSIGNED IMMEDIATELY PRIOR TO ADMISSION INTO THE HOSPITAL. SEE 5 COMP. DEC. 297; 15 ID. 733 AND CASES THEREIN CITED. THAT INTERPRETATION OF SECTION 1571 OF THE REVISED STATUTES THEN IN EFFECT IS APPLICABLE WITH RESPECT TO SECTION 18 OF THE ACT OF MARCH 7, 1942. IT SHOULD, OF COURSE, BE UNDERSTOOD THAT THESE PRECEDENTS WERE WITH RESPECT TO VESSELS TO WHICH THE OFFICER COULD RETURN UPON RECOVERY. WHERE THE VESSEL HAS BEEN LOST THERE HAS BEEN A DETACHMENT IN FACT WITHOUT THE INTERVENTION OR NECESSITY OF ORDERS AND WHERE THE OFFICER IS REMOVED TO A HOSPITAL IN SUCH A CASE HE IS NOT AFTER THE LOSS OF THE VESSEL ON SEA DUTY. SEE IN THIS CONNECTION 19 COMP. GEN. 300. SEE, ALSO, B-24335, APRIL 17, 1942, 21 COMP. GEN. 932, TO YOU, AND B-25847, MAY 25, 1942, 21 COMP. GEN. 1050, TO THE SECRETARY OF WAR.

ON THE FACTS PRESENTED A MORE PRECISE ANSWER CANNOT BE GIVEN EXCEPT TO SAY THAT IN NO EVENT MAY SEA DUTY PAY ACCRUE SUBSEQUENT TO JANUARY 10, 1942, THE OFFICER NOT HAVING BEEN ON THE VESSEL SUBSEQUENT TO DECEMBER 7, 1941, BUT IN NAVAL HOSPITALS FROM AND AFTER THAT DATE, THE CASE BEING DIFFERENT FROM ONE IN WHICH THE OFFICER IS SERVING ABOARD A VESSEL AND IS SUBSEQUENTLY DETACHED THEREFROM PURSUANT TO ORDERS RECEIVED ON BOARD THE VESSEL.