B-27474, SEPTEMBER 30, 1942, 22 COMP. GEN. 284

B-27474: Sep 30, 1942

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- AND WITH THE RETIRED PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) ARE ON ACTIVE DUTY. THE "FULL PAY AND ALLOWANCES" TO WHICH THEY ARE ENTITLED UNDER SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942 DOES NOT INCLUDE THE PERSONAL MONEY ALLOWANCE AUTHORIZED BY SECTION 7 OF SAID ACT FOR OFFICERS SERVING IN THE GRADE OF VICE ADMIRAL OR ADMIRAL. UNLESS THEY ARE SERVING IN ONE OF THE POSITIONS FOR WHICH THE RANK OF VICE ADMIRAL OR ADMIRAL IS AUTHORIZED FOR AN OFFICER ON THE ACTIVE LIST. ( MODIFIED BY 22 COMP. IT WAS HELD. QUOTING FROM THE SYLLABUS: A NAVAL OFFICER WHO WAS RETIRED WITH RANK AND PAY OF A REAR ADMIRAL (UPPER HALF) WHILE TEMPORARILY HOLDING THE RANK OF ADMIRAL DURING HIS SERVICE AS CHIEF OF NAVAL OPERATIONS AND DRAWING THE PAY OF REAR ADMIRAL (UPPER HALF) PLUS A PERSONAL MONEY ALLOWANCE AS PROVIDED BY LAW FOR REAR ADMIRALS TEMPORARILY SERVING AS ADMIRALS OR A CHIEF OF NAVAL OPERATIONS.

B-27474, SEPTEMBER 30, 1942, 22 COMP. GEN. 284

PERSONAL MONEY ALLOWANCE - RETIRED ADMIRALS AND VICE ADMIRALS ON ACTIVE DUTY WHEN OFFICERS ON THE RETIRED LIST OF THE NAVY WITH THE RANK OF ADMIRAL OR VICE ADMIRAL--- BY REASON OF TEMPORARY SERVICE ON THE ACTIVE LIST IN THOSE GRADES--- AND WITH THE RETIRED PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) ARE ON ACTIVE DUTY, THE "FULL PAY AND ALLOWANCES" TO WHICH THEY ARE ENTITLED UNDER SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942 DOES NOT INCLUDE THE PERSONAL MONEY ALLOWANCE AUTHORIZED BY SECTION 7 OF SAID ACT FOR OFFICERS SERVING IN THE GRADE OF VICE ADMIRAL OR ADMIRAL, UNLESS THEY ARE SERVING IN ONE OF THE POSITIONS FOR WHICH THE RANK OF VICE ADMIRAL OR ADMIRAL IS AUTHORIZED FOR AN OFFICER ON THE ACTIVE LIST. ( MODIFIED BY 22 COMP. GEN. 1071.)

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 30, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 15, 1942, TOGETHER WITH A LETTER DATED JULY 3, 1942, FROM THE PAYMASTER GENERAL OF THE NAVY RELATIVE TO THE RIGHT OF OFFICERS OF THE RANK OF ADMIRAL OR VICE ADMIRAL ON THE RETIRED LIST, WHEN EMPLOYED ON ACTIVE DUTY, TO BE PAID THE PERSONAL MONEY ALLOWANCES AUTHORIZED ON THE ACTIVE LIST FROM AND AFTER JUNE 1, 1942.

IN DECISION B-18819, DATED AUGUST 21, 1941, 21 COMP. GEN. 161, IT WAS HELD, QUOTING FROM THE SYLLABUS:

A NAVAL OFFICER WHO WAS RETIRED WITH RANK AND PAY OF A REAR ADMIRAL (UPPER HALF) WHILE TEMPORARILY HOLDING THE RANK OF ADMIRAL DURING HIS SERVICE AS CHIEF OF NAVAL OPERATIONS AND DRAWING THE PAY OF REAR ADMIRAL (UPPER HALF) PLUS A PERSONAL MONEY ALLOWANCE AS PROVIDED BY LAW FOR REAR ADMIRALS TEMPORARILY SERVING AS ADMIRALS OR A CHIEF OF NAVAL OPERATIONS, WHO IS SUBSEQUENTLY COMMISSIONED AN ADMIRAL ON THE RETIRED LIST UNDER AUTHORITY OF THE ACT OF JUNE 22, 1938, IS NOT ENTITLED TO THE SAID PERSONAL MONEY ALLOWANCE UPON RECALL TO ACTIVE DUTY.

THAT DECISION CONSIDERED THE CASE OF ADMIRAL WILLIAM HARRISON STANDLEY, U.S. NAVY, RETIRED, WHO ON THE EFFECTIVE DATE OF RETIREMENT, AS THE RESULT OF HAVING SERVED AS CHIEF OF NAVAL OPERATIONS, WAS APPOINTED AN ADMIRAL ON THE RETIRED LIST UNDER THE PROVISIONS OF THE ACT OF JUNE 22, 1938, 52 STAT. 839, WHICH PROVIDES:

* * * THAT ANY OFFICER OF THE NAVY OR MARINE CORPS WHO MAY BE RETIRED WHILE SERVING AS CHIEF OF NAVAL OPERATIONS, AS CHIEF OF A BUREAU OF THE NAVY DEPARTMENT, AS JUDGE ADVOCATE GENERAL OF THE NAVY, OR AS MAJOR GENERAL COMMANDANT OF THE MARINE CORPS, OR WHO HAS SERVED OR SHALL HAVE SERVED TWO AND ONE-HALF YEARS OR MORE AS CHIEF OF NAVAL OPERATIONS, AS CHIEF OF A BUREAU OF THE NAVY DEPARTMENT, AS JUDGE ADVOCATE GENERAL OF THE NAVY, OR AS MAJOR GENERAL COMMANDANT OF THE MARINE CORPS, AND IS RETIRED AFTER COMPLETION OF SUCH SERVICE WHILE SERVING IN A LOWER RANK OR GRADE, MAY, IN THE DISCRETION OF THE PRESIDENT, BE RETIRED WITH THE RANK, PAY, AND ALLOWANCES AUTHORIZED BY LAW FOR THE HIGHEST GRADE OR RANK HELD BY HIM AS SUCH CHIEF OF NAVAL OPERATIONS, CHIEF OF BUREAU, JUDGE ADVOCATE GENERAL, OR MAJOR GENERAL COMMANDANT: PROVIDED, THAT THE PRESIDENT IN HIS DISCRETION MAY EXTEND THE PRIVILEGES HEREIN AUTHORIZED TO SUCH OFFICERS AS HAVE HERETOFORE BEEN RETIRED AND WHO SATISFY THE FOREGOING CONDITIONS: PROVIDED FURTHER, THAT NO INCREASE PROVIDED HEREIN IN RETIRED PAY SHALL BE HELD TO HAVE ACCRUED PRIOR TO THE PASSAGE OF THIS ACT.

THE AUTHORITY FOR CONFERRING THE RANK AND TITLE OF ADMIRAL WHILE SERVING AS CHIEF OF NAVAL OPERATIONS WAS CONTAINED IN THE ACT OF AUGUST 29, 1916, 39 STAT. 558. THIS PROVISION FIXED THE PAY OF THE OFFICER WHILE SERVING AS CHIEF OF NAVAL OPERATIONS WITH RANK AND TITLE OF ADMIRAL AT $10,000 PER ANNUM AND NO ALLOWANCES, WHICH RATE REMAINED IN EFFECT UNTIL JUNE 30, 1922, WHEN PROVISION WAS MADE (SECTION 8 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629) THAT---

* * * REAR ADMIRALS OF THE NAVY SERVING IN HIGHER GRADES SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE PER YEAR AS FOLLOWS: WHEN SERVING IN THE GRADE OF VICE ADMIRAL, $500; WHEN SERVING IN THE GRADE OF ADMIRAL OR AS CHIEF OF NAVAL OPERATIONS, $2,200.

THE ACT OF MAY 22, 1917, 40 STAT. 89, 34 U.S.C. 212, ET SEQ. PROVIDED FOR THE DESIGNATION OF SIX OFFICERS OF THE NAVY TO COMMAND FLEETS OR SUBDIVISIONS THEREOF NOT MORE THAN THREE OF WHOM SHALL EACH HAVE THE RANK AND PAY OF AN ADMIRAL, THE OTHERS TO HAVE THE RANK AND PAY OF A VICE ADMIRAL FROM THE DATE OF ASSUMING SUCH COMMAND TO THE DATE OF RELINQUISHMENT THEREOF. THE 1917 ACT PROVIDED FURTHER:

* * * THAT WHEN AN OFFICER WITH THE RANK OF ADMIRAL OR VICE ADMIRAL IS DETACHED FROM THE COMMAND OF A FLEET OR SUBDIVISION THEREOF, AS HEREIN AUTHORIZED, HE SHALL RETURN TO HIS REGULAR RANK IN THE LIST OF OFFICERS OF THE NAVY AND SHALL THEREAFTER RECEIVE ONLY THE PAY AND ALLOWANCES OF SUCH RANK: AND PROVIDED FURTHER, THAT NOTHING IN THIS ACT SHALL BE HELD OR CONSTRUED AS AMENDING OR REPEALING THE PROVISIONS OF SECTIONS FOURTEEN HUNDRED AND THIRTY-FOUR, FOURTEEN HUNDRED AND SIXTY-THREE, AND FOURTEEN HUNDRED AND SIXTY-FOUR OF THE REVISED STATUTES OF THE UNITED STATES.

ONE OF THE PROVISIONS REFERRED TO IN THE 1917 ACT WAS SECTION 1463 OF THE REVISED STATUTES, 34 U.S.C. 424, WHICH PROVIDES:

IN TIME OF WAR THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, MAY DETAIL OFFICERS ON THE RETIRED LIST FOR THE COMMAND OF SQUADRONS AND SINGLE SHIPS, WHEN HE BELIEVES THAT THE GOOD OF THE SERVICE REQUIRES THAT THEY SHALL BE SO PLACED IN COMMAND.

SECTION 1 OF THE ACT OF JUNE 21, 1930, 45 STAT. 793, AS AMENDED 49 STAT. 377, MENTIONED BY YOU IS AS FOLLOWS:

THAT ALL COMMISSIONED OFFICERS WHO SERVED IN THE ARMY, NAVY, MARINE CORPS, AND/OR COAST GUARD OF THE UNITED STATES DURING THE WORLD WAR, AND WHO HAVE BEEN OR MAY BE HEREAFTER RETIRED ACCORDING TO LAW, SHALL, ON THE DATE OF THE APPROVAL OF THIS ACT OR UPON RETIREMENT IN THE CASE OF THOSE NOW ON THE ACTIVE LIST OF THE ARMY, NAVY, MARINE CORPS, AND/OR COAST GUARD, BE ADVANCED IN RANK ON THE RETIRED LIST TO THE HIGHEST GRADE HELD BY THEM DURING THE WORLD WAR: PROVIDED, THAT ANY SUCH OFFICER ON THE ACTIVE OR RETIRED LIST WHO DIES OR MAY DIE PRIOR TO THE APPROVAL OF THIS ACT, OR ON THE ACTIVE LIST WHO MAY HEREAFTER DIE BEFORE RETIREMENT, SHALL BE ADVANCED IN RANK TO SAID HIGHER GRADE AS OF THE DATE OF DEATH: PROVIDED FURTHER, THAT NO INCREASE OF ACTIVE OR RETIRED PAY OR ALLOWANCES SHALL RESULT FROM THE PROVISIONS OF THIS SECTION.

IN CONNECTION WITH THE QUESTION YOU HAVE PRESENTED, SO FAR AS THIS ACT IS CONCERNED, NOTE THE LAST PROVISO OF THE SECTION.

BY THE ACT OF JULY 17, 1941, PUBLIC LAW 180, 55 STAT. 598, IT WAS PROVIDED:

THAT IN ADDITION TO THOSE OFFICERS WHO MAY BE SERVING IN THE GRADE OF VICE ADMIRAL BY VIRTUE OF THE PROVISIONS OF SECTION 18 OF THE ACT OF MAY 22, 1917 (40 STAT. 89; U.S.C., TITLE 34, SEC. 212), NAVAL OFFICERS, NOT TO EXCEED A TOTAL OF NINE AT ANY ONE TIME, DESIGNATED BY THE PRESIDENT TO PERFORM SPECIAL OR UNUSUAL DUTY, OR TO COMMAND NAVAL UNITS AFLOAT ORGANIZED FOR THE PURPOSE OF PERFORMING A SPECIAL OR UNUSUAL MISSION MAY, WITHIN THE DISCRETION OF THE PRESIDENT, HAVE THE RANK, PAY, AND ALL ALLOWANCES OF A VICE ADMIRAL WHILE SO SERVING. IN TIME OF WAR OR NATIONAL EMERGENCY THE PROVISIONS OF THIS ACT SHALL BE APPLICABLE ONLY TO OFFICERS ON THE ACTIVE LIST OF THE RANK OR GRADE OF CAPTAIN AND ABOVE. AT ALL OTHER TIMES THE SAID PROVISIONS SHALL APPLY ONLY TO OFFICERS OF THE RANK OR GRADE OF REAR ADMIRAL.

THE ACT OF JUNE 16, 1942, PUBLIC LAW 608, 56 STAT. 370, PROVIDES:

THAT ANY OFFICER OF THE NAVY WHO MAY BE RETIRED WHILE SERVING AS THE COMMANDER OF A FLEET OR SUBDIVISION THEREOF IN THE RANK OF ADMIRAL OR VICE ADMIRAL, OR WHO HAS SERVED OR SHALL HAVE SERVED ONE YEAR OR MORE AS SUCH COMMANDER, MAY, IF SUCH RANK WAS CONFERRED PURSUANT TO THE PROVISIONS OF SECTION 18 OF THE ACT OF MAY 22, 1917 (40 STAT. 89; U.S.C., TITLE 34, SEC. 212), OR THE ACT OF JULY 17, 1941 ( PUBLIC LAW NUMBERED 180, SEVENTY- SEVENTH CONGRESS), IN THE DISCRETION OF THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, WHEN RETIRED, BE PLACED ON THE RETIRED LIST WITH THE HIGHEST GRADE OR RANK HELD BY HIM WHILE ON THE ACTIVE LIST: PROVIDED, THAT NO INCREASE IN RETIRED PAY SHALL ACCRUE AS THE RESULT OF SUCH ADVANCED RANK ON THE RETIRED LIST: PROVIDED FURTHER, THAT THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, MAY IN HIS DISCRETION EXTEND THE PRIVILEGE HEREIN GRANTED TO SUCH OFFICERS AS HAVE HERETOFORE BEEN RETIRED AND WHO SATISFY THE FOREGOING CONDITIONS.

THE QUESTION PRESENTED IS WHETHER OFFICERS OF THE NAVY RETIRED IN A RANK ABOVE THAT OF REAR ADMIRAL BY REASON OF THE STATUTES HEREINBEFORE QUOTED MAY BE PAID THE SPECIAL ALLOWANCES OF $500 OR $2,200 PER YEAR AUTHORIZED IN SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942, PUBLIC LAW 607, APPROVED JUNE 16, 1942, 56 STAT. 362, UPON THEIR RECALL TO ACTIVE DUTY AFTER RETIREMENT.

THE PERTINENT PART OF SECTION 7 OF THE ACT OF JUNE 16, 1942, PUBLIC LAW 607, PROVIDES:

OFFICERS OF THE NAVY SERVING IN THE GRADE OF VICE ADMIRAL * * * SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE OF $500 PER YEAR. OFFICERS OF THE NAVY SERVING IN THE GRADE OF ADMIRAL OR AS CHIEF OF NAVAL OPERATIONS, * * * SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR.

THE CHANGE BETWEEN THE LANGUAGE CONTAINED IN SECTION 8 OF THE ACT OF JUNE 10, 1922, AND THAT CONTAINED IN SECTION 7 OF THE ACT OF JUNE 16, 1942, IS NOT SO MATERIAL AS TO REQUIRE ANY DIFFERENT CONCLUSION THAN THAT HERETOFORE REACHED WITH REFERENCE TO THE ACTIVE DUTY ALLOWANCES APPLICABLE TO OFFICERS WHO ARE RETIRED WHILE SERVING AS CHIEF OF NAVAL OPERATIONS WITH THE RANK OF ADMIRAL. THE 1917 ACT SPECIFICALLY PROVIDED FOR RELINQUISHMENT OF THE HIGHER RANK AND RETURN TO THE REGULAR RANK UPON DETACHMENT FROM COMMAND, AND PUBLIC LAW NO. 608 APPROVED ON THE SAME DAY THAT THE PAY READJUSTMENT ACT OF 1942 WAS APPROVED, WAS SPECIFIC THAT NO INCREASE IN RETIRED PAY SHALL ACCRUE AS THE RESULT OF SUCH ADVANCED RANK ON THE RETIRED LIST. IT WAS DISCLOSED BY THE PROPONENTS OF THIS LATTER ACT THAT ITS MAIN PURPOSE WAS TO CONFER RANK UPON RETIREMENT TO APPROXIMATELY 37 OFFICERS WHO HAVE COMMANDED FLEETS OR SUBDIVISIONS THEREOF, SIMILAR TO THE PROVISION CONTAINED IN THE ACT OF JUNE 22, 1938, 52 STAT. 839, APPLICABLE TO THE CHIEF OF NAVAL OPERATIONS AND OTHER CHIEFS OF BUREAUS OF THE NAVY DEPARTMENT BUT IT SEEMS TO HAVE BEEN CLEARLY UNDERSTOOD THAT THE QUESTION OF PAY INCIDENT TO THE ADVANCEMENT IN RANK UPON THE RETIRED LIST WAS NOT INVOLVED. THE REPRESENTATIONS WERE THAT THE BILL WOULD MERELY EXTEND TO OFFICERS WHO COMMANDED SUCH FLEETS OR SUBDIVISIONS UNDER THE ACTS OF 1917 AND 1941, THE PRIVILEGE OF RETIREMENT SIMILAR TO THAT PROVIDED BY LAW TO THE CHIEF OF NAVAL OPERATIONS. THE FOLLOWING WILL BE FOUND AT PAGE 3201 OF THE HEARINGS ON S. 2285 WHICH BECAME PUBLIC LAW 608:

ADMIRAL JACOBS. THE PURPOSE OF THIS PROVISION IS TO GIVE OFFICERS WHO HAVE SERVED AT SEA IN A RANK ABOVE THAT OF REAR ADMIRAL THE SAME PRIVILEGE THAT IS GIVEN NOW ONLY TO OFFICERS WHO HAVE SERVED ON SHORE WITH THE RANK OF CHIEF OF OPERATIONS. THE REASON FOR MAKING IT RETROACTIVE IS BECAUSE THE ACT WHICH GIVES INCREASED RANK TO THE CHIEF OF OPERATIONS ON THE RETIRED LIST WAS MADE RETROACTIVE. THIS WILL PLACE ALL ON A PARITY.

MR. MOTT. IF THERE IS NO PAY INVOLVED, WHAT GOOD WILL THIS DO? WHAT GOOD IS IT TO THE COUNTRY?

MR. MAAS. IT IS AN INCENTIVE.

IT APPEARS CLEAR THAT IF THE CHANGE FROM THE LANGUAGE IN SECTION 8 OF THE ACT OF JUNE 10, 1922, TO THAT USED IN SECTION 7 OF PUBLIC LAW 607 OF JUNE 16, 1942, WAS INTENDED TO ACCOMPLISH ANY ADDITIONAL PURPOSE, IT WAS MERELY BECAUSE THE APPOINTMENTS TO THE RANKS OF VICE ADMIRAL AND ADMIRAL WERE NOT NECESSARILY RESTRICTED TO OFFICERS PREVIOUSLY HOLDING THE RANK OF REAR ADMIRAL OF THE NAVY, SEE THE ACT OF JULY 17, 1941, QUOTED ABOVE. BUT ALL OF THE PRIOR ACTS EVINCE A PURPOSE THAT NO INCREASE IN PAY WAS INTENDED AFTER RETIREMENT, AND UNLESS THE PERSON RETIRED WAS RECALLED TO ACTIVE DUTY IN THE SAME CAPACITY AS THAT WHICH CARRIED THE INCREASED RANK, NAMELY, COMMANDER OF A FLEET OR CHIEF OF NAVAL OPERATIONS, THERE WOULD BE NO AUTHORITY FOR PAYMENT OF THE PERSONAL MONEY ALLOWANCES PROVIDED FOR VICE ADMIRALS AND ADMIRALS ON THE ACTIVE LIST. INSOFAR AS THE CHIEF OF NAVAL OPERATIONS IS CONCERNED, THE PURPOSE IN BOTH THE 1922 ACT AND THE 1942 ACT IS THE SAME; PROVISION IS MADE FOR THE PAYMENT TO THE INCUMBENT OFFICER OF $2,200 PER ANNUM PERSONAL MONEY ALLOWANCES TO THE EXCLUSION OF ANY OF HIS PREDECESSORS IN OFFICE ON THE RETIRED LIST UPON RECALL TO ACTIVE DUTY, THE RESPONSIBILITIES OF THE OFFICE RESIDING WITH THE OFFICER HOLDING THE TITLE TO THAT OFFICE; AND THERE WOULD BE NO REASONABLE BASIS FOR INCLUDING IN THE BENEFITS OF SECTION 8 ANY OF THE OTHER RETIRED OFFICERS HOLDING RANK OF ADMIRAL OR VICE ADMIRAL AND EXCLUDING THE RETIRED OFFICERS WHO AT SOME TIME HAD SERVED AS CHIEF OF NAVAL OPERATIONS.

THE PORTION OF SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942 PROVIDES A MONEY ALLOWANCE FOR OFFICERS ON THE ACTIVE LIST OF THE NAVY WHO MAY SERVE TEMPORARILY IN THOSE GRADES OR AS THE CHIEF OF NAVAL OPERATIONS UNDER SPECIFIC PROVISIONS OF LAW TO THAT EFFECT. THAT PORTION OF THE SECTION IS, THEREFORE, ADDRESSED TO THE PROVISIONS OF LAW UNDER WHICH OFFICERS ON THE ACTIVE LIST OF THE NAVY SERVE TEMPORARILY IN THE GRADES OF ADMIRALS, VICE ADMIRALS OR AS CHIEF OF NAVAL OPERATIONS. OFFICERS ON THE RETIRED LIST OF THE NAVY WITH THE RANK OF ADMIRAL OR VICE ADMIRAL AND WITH THE RETIRED PAY OF A REAR ADMIRAL (IT IS BELIEVED IN ALL CASES) OF THE UPPER- HALF--- THAT IS, PAY BASED ON $8,000 PER ANNUM ON THE ACTIVE LIST--- WHO ARE CALLED TO ACTIVE DUTY DO NOT, BY VIRTUE OF THEIR RANK ALONE, SERVE IN THE CAPACITIES OF VICE ADMIRAL OR ADMIRAL UNDER THE PROVISIONS OF LAW UNDER WHICH OFFICERS ON THE ACTIVE LIST TEMPORARILY SERVE IN THOSE GRADES, AND IT IS ONLY WHEN OFFICERS ON THE ACTIVE LIST SERVE TEMPORARILY IN THOSE GRADES THAT THE PORTION OF SECTION 7 REFERRED TO PROVIDES THE MONEY ALLOWANCE THEREIN AUTHORIZED. THIS IS MADE CLEAR BY THE PROVISION FOR A MONEY ALLOWANCE "WHEN SERVING * * * AS CHIEF OF NAVAL OPERATIONS.' CERTAINLY, UNDER THE PRESENT LAW THERE CAN BE BUT ONE CHIEF OF NAVAL OPERATIONS. WHEN THIS PORTION OF SECTION 7 IS READ IN CONNECTION WITH THE PROVISIONS UNDER WHICH OFFICERS ON THE ACTIVE LIST OF THE NAVY MAY RECEIVE THE MONEY ALLOWANCE THEREIN PROVIDED, IT BECOMES CLEAR THAT THIS IS AN ADDITIONAL ALLOWANCE PROVIDED FOR OFFICERS TEMPORARILY IN THOSE RANKS UNDER THE LAWS SPECIFICALLY PROVIDING THEREFOR--- AN ADDITIONAL ALLOWANCE BECAUSE OF THE NEEDS OF THAT SERVICE--- AND IS NOT AN ADDITIONAL ALLOWANCE PAYABLE GENERALLY TO OFFICERS ON THE ACTIVE LIST IN EITHER OF THOSE RANKS, OFFICERS ON THE ACTIVE LIST BEING ENTITLED TO EITHER OF THESE RANKS ONLY WHEN SERVING IN THE LIMITED SITUATIONS DESCRIBED IN THE ACTS CITED. WHEN SO UNDERSTOOD THE PROVISION IN SECTION 15, 56 STAT. 367, OF THE PAY READJUSTMENT ACT OF 1942 IS NOT DIFFICULT TO APPLY. FOR EXAMPLE, OFFICERS ON THE ACTIVE LIST NOW GENERALLY RECEIVE ADDITIONAL PAY FOR FOREIGN SERVICE OR FOR SEA DUTY, AND OFFICERS PARTICIPATING IN REGULAR AND FREQUENT AERIAL FLIGHTS RECEIVE ADDITIONAL PAY. BUT THAT ADDITIONAL PAY IS NOT THE PAY OF THE GRADE HELD BUT ADDITIONAL PAY FOR PERFORMANCE OF DUTY UNDER THE CONDITIONS FIXED, AND THIS ADDITIONAL PAY IS NOT PAID TO A RETIRED OFFICER ORDERED TO ACTIVE DUTY EXCEPT WHEN ASSIGNED TO AND PERFORMING THE DUTY FOR WHICH THE ADDITIONAL PAY IS PROVIDED. SO, ALSO, IS THE MONEY ALLOWANCE PROVIDED IN SECTION 7 FOR VICE ADMIRALS AND ADMIRALS PAYABLE ONLY TO AN OFFICER OF THAT RANK ON THE ACTIVE LIST WHEN SERVING IN THE POSITION CONTEMPLATED BY THE STATUTES UNDER WHICH SUCH RANK IS AUTHORIZED FOR AN OFFICER ON THE ACTIVE LIST. OFFICERS ON THE RETIRED LIST ORDERED TO ACTIVE DUTY AND NOT SERVING IN THOSE SITUATIONS ARE ENTITLED TO THEIR FULL PAY AND ALLOWANCES. IF ENTITLED TO RETIRED PAY OF A REAR ADMIRAL OF THE UPPER HALF THEY ARE ENTITLED, WHEN ON ACTIVE DUTY AND NOT SERVING IN ONE OF THE POSITIONS FOR WHICH THE RANK OF VICE ADMIRAL OR ADMIRAL IS AUTHORIZED FOR AN OFFICER ON THE ACTIVE LIST, TO THE FULL PAY AND ALLOWANCES OF A REAR ADMIRAL IN THE UPPER HALF EXCLUSIVE OF THE PERSONAL MONEY ALLOWANCE PROVIDED IN SECTION 7. THESE ARE THE FULL PAY AND ALLOWANCES OF THE GRADE OR RANK IN WHICH THEY SERVE ON SUCH ACTIVE DUTY WHICH IS CONTEMPLATED BY SECTION 15.