B-27930, NOVEMBER 5, 1942, 22 COMP. GEN. 439

B-27930, NOVEMBER 5, 1942, 22 COMP. GEN. 439

LONGEVITY AND PERIOD PAY - NAVAL RESERVE - SERVICE CREDITS NAVAL RESERVE OFFICERS MAY COUNT FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942 FULL TIME FOR ALL PERIODS OF ACTIVE SERVICE WHILE HOLDING COMMISSIONS IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE CREATED BY THE ACT OF AUGUST 29, 1916, BUT FULL TIME CREDIT FOR INACTIVE SERVICE IN SUCH RESERVE FORCES IS LIMITED TO OFFICERS CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE. NAVAL RESERVE OFFICERS (OTHER THAN THOSE IN THE RESERVE, ACTIVE OR RETIRED, ON THE EFFECTIVE DATE OF THE PAY READJUSTMENT ACT OF 1942 WHO ARE PROTECTED BY THE SAVING CLAUSE IN SECTION 19) MAY NOT COUNT FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 3 OF THE ACT ONE-HALF TIME FOR PERIODS OF INACTIVE COMMISSIONED SERVICE WHILE HOLDING PROVISIONAL GRADES IN THE NAVAL RESERVE FORCE OR THE MARINE CORPS RESERVE FORCE CREATED BY THE ACT OF AUGUST 29, 1916. NAVAL RESERVE OFFICERS MAY COUNT FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942 COMMISSIONED SERVICE IN THE ACTIVE NATIONAL GUARD ( STATE) DURING PERIODS OF FEDERAL RECOGNITION, AND COMMISSIONED SERVICE IN THE NATIONAL GUARD OF THE UNITED STATES, BUT PERIODS IN THE NATIONAL GUARD RESERVE OR INACTIVE NATIONAL GUARD MAY NOT BE COUNTED. COMMISSIONED OFFICERS, INCLUDING COMMISSIONED WARRANT OFFICERS, OF THE NAVAL RESERVE MAY COUNT FOR PURPOSES OF LONGEVITY PAY UNDER SECTIONS 3 AND 8, RESPECTIVELY, OF THE PAY READJUSTMENT ACT OF 1942 FULL ALL PERIODS DURING WHICH THEY HELD COMMISSIONS IN THE OFFICERS' RESERVE CORPS OF THE ARMY. THE AUTHORITY UNDER SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, FOR COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE TO COUNT FULL TIME FOR ALL PERIODS (BOTH ACTIVE AND INACTIVE) DURING WHICH THEY HELD COMMISSIONS IN THE NAVAL RESERVE FORCE, MARINE CORPS RESERVE FORCE, THE NAVAL RESERVE, OR THE MARINE CORPS RESERVE, IN THE COMPUTATION OF BOTH LONGEVITY PAY AND PERIOD PAY IS NOT AFFECTED BY THE PAY READJUSTMENT ACT OF 1942, SO THAT SUCH RESERVE SERVICE MAY CONTINUE TO BE COUNTED IN COMPUTING THEIR PAY. COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE MAY COUNT FOR PURPOSES OF LONGEVITY PAY, BUT NOT FOR PURPOSES OF PERIOD PAY, UNDER SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942 COMMISSIONED SERVICE IN THE ACTIVE NATIONAL GUARD ( STATE) DURING PERIODS OF FEDERAL RECOGNITION, AND COMMISSIONED SERVICE IN THE NATIONAL GUARD OF THE UNITED STATES, BUT PERIODS IN THE NATIONAL GUARD RESERVE OR INACTIVE NATIONAL GUARD MAY NOT BE COUNTED. COMMISSIONED OFFICERS, COMMISSIONED WARRANT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE MAY NOT COUNT, FOR PURPOSES OF LONGEVITY PAY UNDER THE PAY READJUSTMENT ACT OF 1942, TIME ON SUCH HONORARY RETIRED LIST BETWEEN THEIR TRANSFER THERETO AND THEIR RECALL TO ACTIVE DUTY. (BUT SEE 22 COMP. GEN. 664.) COMMISSIONED OFFICERS, INCLUDING COMMISSIONED WARRANT OFFICERS, OF THE NAVAL RESERVE MAY COUNT ACTIVE SERVICE AS AVIATION CADETS FOR PURPOSES OF PERIOD AND LONGEVITY PAY UNDER THE PAY READJUSTMENT ACT OF 1942, WHERE SUCH SERVICE WAS UNDER APPOINTMENT IN ACCORDANCE WITH LAWS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE NAVAL AVIATION CADET ACT OF AUGUST 4, 1942, AS DISTINGUISHED FROM SERVICE AS AN AVIATION CADET ENLISTED UNDER THE PROVISIONS OF THE LATTER ACT. WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE MAY COUNT ALL SERVICE, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE CREATED BY THE ACT OF AUGUST 29, 1916, FOR PURPOSES OF PAY UNDER THE PAY READJUSTMENT ACT OF 1942. THE SERVICE AUTHORIZED BY SECTION 2 OF THE ACT OF AUGUST 27, 1940, TO BE CREDITED FOR PURPOSES OF LONGEVITY PAY TO AVIATION OFFICERS OF THE NAVAL AND MARINE CORPS RESERVE WHO WERE APPOINTED UNDER SUCH ACT IN THE LINE OF THE REGULAR NAVY OR MARINE CORPS IS NOT AFFECTED BY THE PAY READJUSTMENT ACT OF 1942, SO THAT SUCH OFFICERS MAY CONTINUE TO COUNT FOR PURPOSES OF LONGEVITY PAY ALL SERVICE WHICH THEY WERE ENTITLED TO COUNT UNDER THE SAID ACT OF AUGUST 27, 1940.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, NOVEMBER 5, 1942:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 5, 1942, TRANSMITTING A LETTER DATED JULY 28, 1942, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, IN WHICH ARE PRESENTED FOR DECISION CERTAIN QUESTIONS AS TO THE SERVICE WHICH NAVAL RESERVE PERSONNEL ON ACTIVE DUTY MAY COUNT FOR PAY PURPOSES FROM AND AFTER JUNE 1, 1942, UNDER THE PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, PUBLIC LAW 607, APPROVED JUNE 16, 1942, 56 STAT. 359.

SECTION 3 OF THE ACT OF JUNE 16, 1942, 56 STAT. 360, PUBLIC LAW 607, PROVIDES:

WHEN OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RESERVE OFFICERS, ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY, UNLESS ENTITLED TO THE PAY OF A HIGHER PERIOD UNDER THE PROVISIONS OF SECTION 14 OF THIS ACT. SUCH OFFICERS WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, SHALL RECEIVE AS LONGEVITY PAY, IN ADDITION TO BASE PAY, AN INCREASE THEREOF AT THE PERCENTUM AND TIME RATES UP TO THIRTY YEARS PROVIDED IN SECTION 1 OF THIS ACT. IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES, OR IN THE OFFICERS RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

THE QUESTIONS ARE ANSWERED IN THE ORDER STATED:

(WHETHER) (1) COMMISSIONED OFFICERS OF THE NAVAL RESERVE, EXCLUSIVE OF COMMISSIONED WARRANT OFFICERS, MAY COUNT FOR LONGEVITY PAY PURPOSES FULL TIME FOR ALL PERIODS OF SERVICE (BOTH ACTIVE AND INACTIVE) WHILE HOLDING A COMMISSION IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE.

SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, WAS CONSTRUED AS AUTHORIZING FULL TIME CREDIT FOR LONGEVITY DURING THE TIME WHICH AN OFFICER OF THE NAVAL RESERVE FORCE CREATED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 587, WAS CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE WITH CREDIT FOR HALF TIME FOR INACTIVE SERVICE IN A PROVISIONAL GRADE OR RANK. SECTION 11 OF THE NAVAL RESERVE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, PROVIDED THAT WHEN ON THE ACTIVE DUTY PRESCRIBED THEREIN OFFICERS OF THE NAVAL RESERVE "SHALL BE DEEMED TO HAVE BEEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.' SECTION 7 OF THE NAVAL RESERVE ACT OF JUNE 25, 1938, 52 STAT. 1176, CONTAINS A SIMILAR PROVISION. THUS SINCE THE EFFECTIVE DATE OF THE NAVAL RESERVE ACT OF 1925, OFFICERS OF THE NAVAL RESERVE WHEN ON ACTIVE DUTY ARE DEEMED TO HAVE BEEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

IN DECISION B-28618, DATED SEPTEMBER 28, 1942, 22 COMP. GEN. 275, IT WAS STATED:

THE PROVISION NOW APPEARING IN THE LAW (SECTION 3 OF THE ACT OF JUNE 16, 1942) REQUIRING CONFIRMATION IN GRADE AND QUALIFICATIONS FOR ALL GENERAL SERVICE APPLIES ONLY TO THE NAVAL RESERVE FORCE AND MARINE CORPS RESERVE FORCE IN WHICH, FROM 1916 TO 1925, SUCH CONFIRMATION AND QUALIFICATION WERE REQUIRED. * * * THE ONLY EFFECT THEREFORE OF THE LIMITING WORDS IS TO DENY TO OFFICERS OF THE NAVAL OR MARINE CORPS RESERVE FORCE ANY CREDIT FOR LONGEVITY DURING THE TIME THEY HELD ONLY A PROVISIONAL GRADE IN THE NAVAL OR MARINE CORPS RESERVE FORCE.

SINCE THE NAVAL RESERVE FORCE, CREATED BY THE ACT OF AUGUST 29, 1916, APPEARS TO BE THE ONLY RESERVE FORCE ENUMERATED AMONG THE RESERVE ORGANIZATIONS REQUIRING CONFIRMATION IN GRADE AND QUALIFICATION FOR ALL GENERAL SERVICE, THE CONCLUDING CLAUSE IN SECTION 3--- "WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE"--- IS LIMITED IN ITS EFFECT TO OFFICERS OF THE NAVAL RESERVE FORCE WHILE HOLDING A PROVISIONAL GRADE. ACCORDINGLY, QUESTION (1) IS ANSWERED THAT COMMISSIONED OFFICERS OF THE NAVAL RESERVE FORCE MAY COUNT FOR LONGEVITY PAY PURPOSES FULL TIME FOR ALL PERIODS OF ACTIVE SERVICE WHILE HOLDING A COMMISSION IN THE NAVAL OR MARINE CORPS RESERVE FORCE, BUT FULL TIME CREDIT FOR INACTIVE SERVICE IS LIMITED TO OFFICERS CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

(2) IF THE ANSWER TO (1) IS IN THE NEGATIVE, MAY SUCH OFFICERS IN VIEW OF THE PROVISION IN SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942 COUNT FULL TIME FOR ALL PERIODS OF COMMISSIONED SERVICE IN AN INACTIVE STATUS IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE WHILE CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE, AND ONE-HALF TIME FOR ALL PERIODS OF COMMISSIONED SERVICE IN AN INACTIVE STATUS IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE WHILE IN A PROVISIONAL STATUS.

SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, PROVIDED IN PERTINENT PART:

* * * IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE, WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE PERFORMED ACTIVE DUTY UNDER RESERVE COMMISSIONS, AND WITH ONE-HALF TIME FOR ALL OTHER PERIODS DURING WHICH THEY HAVE HELD RESERVE COMMISSIONS.

THE ACT OF JUNE 10, 1922, AS AMENDED, WAS EXPRESSLY REPEALED BY THE SECOND PARAGRAPH OF SECTION 19 OF THE ACT OF JUNE 16, 1942, 56 STAT. 369, AS WERE ALL OTHER LAWS INCONSISTENT WITH THE PROVISIONS OF THE 1942 ACT. EXCEPT AS AN INDIVIDUAL OFFICER IS AFFECTED BY THE SAVING CLAUSE OF SECTION 19 (THAT IS, MUST HAVE BEEN IN THE RESERVE, ACTIVE OR RETIRED, ON JUNE 1, 1942), THIS QUESTION IS ANSWERED IN THE NEGATIVE.

(WHETHER) (3) COMMISSIONED OFFICERS OF THE NAVAL RESERVE, EXCLUSIVE OF COMMISSIONED WARRANT OFFICERS, MAY COUNT FOR LONGEVITY PAY PURPOSES, FULL TIME FOR ALL PERIODS OF COMMISSIONED SERVICE (BOTH ACTIVE AND INACTIVE) IN THE NATIONAL GUARD AND THE NATIONAL GUARD OF THE UNITED STATES OR WHETHER SUCH SERVICE IS LIMITED TO PERIODS OF FEDERAL RECOGNITION AS NATIONAL GUARD AFTER FULL COMPLIANCE WITH THE NATIONAL DEFENSE ACT OF JUNE 3, 1916.

AGAIN QUOTING FROM SECTION 3 OF THE ACT OF JUNE 16, 1942, IT IS PROVIDED:

* * * IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES * * *. AS TO NATIONAL GUARD SERVICE ( STATE) A NAVAL RESERVE OFFICER WOULD BE ENTITLED TO LONGEVITY CREDIT FOR SERVICE IN THE ACTIVE NATIONAL GUARD DURING THE PERIOD OF FEDERAL RECOGNITION, BUT WOULD NOT BE ENTITLED TO SUCH CREDIT DURING PERIODS HE WAS IN THE NATIONAL GUARD RESERVE OR INACTIVE NATIONAL GUARD; HE WOULD BE ENTITLED TO LONGEVITY CREDIT FOR ALL TIME HE HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES.

(WHETHER) (4) COMMISSIONED OFFICERS OF THE NAVAL RESERVE, INCLUDING COMMISSIONED WARRANT OFFICERS, ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS IN THE OFFICERS RESERVE CORPS OF THE ARMY.

SECTION 3 OF THE ACT OF JUNE 16, 1942, DOES NOT REQUIRE CONFIRMATION IN GRADE AND QUALIFICATION FOR ALL GENERAL SERVICE IN ANY OF THE OTHER RESERVE FORCES NAMED IN THE SECTION, AS THE STATUTORY PROVISIONS APPLICABLE TO SUCH OTHER RESERVE FORCES DO NOT REQUIRE CONFIRMATION AND QUALIFICATION. THE LAST CLAUSE OF THE SECTION, THEREFORE, HAS NO APPLICATION TO MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY. SEE B- 28618, DATED SEPTEMBER 28, 1942, 22 COMP. GEN. 275, TO COLONEL TOM E. THRASHER, JR. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

(WHETHER) (5) COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE MAY COUNT FOR PERIOD PAY AND LONGEVITY PAY PURPOSES FULL TIME FOR ALL PERIODS (BOTH ACTIVE AND INACTIVE) WHILE HOLDING A COMMISSION IN THE NAVAL RESERVE FORCE, MARINE CORPS RESERVE FORCE, THE NAVAL RESERVE OR MARINE CORPS RESERVE AS AUTHORIZED IN THE ACT OF AUGUST 27, 1940.

SECTION 3 OF THE ACT OF JUNE 16, 1942, IS APPLICABLE TO OFFICERS OF THE RESERVE FORCES SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL TO SECOND LIEUTENANT IN THE ARMY, BUT MAKES NO SPECIFIC PROVISION FOR COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE. SECTION 14 OF THE SAME ACT, 56 STAT. 367, PROVIDES THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE RESERVE FORCES, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADES AND LENGTH OF SERVICE IN THE REGULAR SERVICE. SECTION 8 OF THE ACT, 56 STAT. 362, PRESCRIBES THE PAY AND ALLOWANCES OF COMMISSIONED WARRANT OFFICERS OF THE NAVY, THE LAST PARAGRAPH THEREOF PRESCRIBING AND LIMITING THE RESERVE SERVICE WHICH MAY BE CREDITED FOR LONGEVITY PURPOSES, BUT NOWHERE IN THE ACT IS SPECIFIC PROVISION MADE DEFINING THE CHARACTER OF PRIOR SERVICE WHICH COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE MAY COUNT FOR PERIOD PAY PURPOSES. IT HAS BEEN HELD THAT COMMISSIONED WARRANT OFFICERS OF THE REGULAR NAVY MAY COUNT PRIOR INACTIVE SERVICE IN THE NAVAL RESERVE FORCE, CREATED BY THE ACT OF AUGUST 29, 1916, IN THE COMPUTATION OF EACH THREE YEARS' SERVICE FOR LONGEVITY PAY PURPOSES, BUT THAT IN VIEW OF THE PROVISO IN THE LAST PARAGRAPH OF SECTION 8 ONLY ACTIVE COMMISSIONED SERVICE IN THE NAVY, MARINE CORPS, OR COAST GUARD, OR OF THE RESERVE COMPONENTS THEREOF MAY BE COUNTED FOR PAY PERIOD PURPOSES. SEE DECISION TO THE SECRETARY OF THE NAVY, B-27564, DATED SEPTEMBER 18, 1942, 22 COMP. GEN. 236, ANSWERS TO QUESTIONS 2 AND 3 BEGINNING AT PAGE 240.

ALTHOUGH PAY RATES FOR COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE ARE NOW FOUND IN SECTION 8 OF THE ACT OF JUNE 16, 1942, THE PROVISION FOR THE SERVICE TO BE CREDITED IN THE COMPUTATION OF PAY PERIODS AND LONGEVITY PAY IS SPECIFICALLY PROVIDED IN SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 AS AMENDED BY SECTION 8 OF THE ACT OF AUGUST 27, 1940, 54 STAT. 865. THE LAST PROVISO OF SAID SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 54 STAT. 865 PROVIDES:

* * * THAT ALL PERIODS DURING WHICH CHIEF WARRANT OFFICERS HAVE HELD COMMISSIONS IN THE NAVAL RESERVE SHALL BE INCLUDED IN COMPUTING THEIR PAY AS PROVIDED IN THE ACT OF FEBRUARY 16, 1929 (45 STAT. 1186).

IN CONSTRUING THE EFFECT OF THE PROVISO JUST QUOTED IT WAS HELD IN DECISION TO THE SECRETARY OF THE NAVY, B-12441, DATED FEBRUARY 6, 1941, THAT ALL PERIODS DURING WHICH COMMISSIONED WARRANT OFFICERS HAVE HELD COMMISSIONS IN THE NAVAL RESERVE, WHETHER ON ACTIVE DUTY OR IN AN INACTIVE STATUS, MAY BE INCLUDED IN THE COMPUTATION OF SERVICE FOR BOTH PERIOD PAY AND LONGEVITY PAY PURPOSES. THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, WAS AN AMENDMENT TO THE ACT OF JUNE 10, 1922, AND SINCE THE 1922 ACT, AS AMENDED, HAS BEEN REPEALED BY THE PAY READJUSTMENT ACT OF 1942, THE ONLY CHANGE WHICH THE 1942 ACT ACCOMPLISHED, INSOFAR AS SECTION 8 OF THE ACT OF AUGUST 27, 1940, WAS AFFECTED, WAS TO SUBSTITUTE THE PAY RATE PROVISIONS OF SECTION 8 OF THE ACT OF JUNE 16, 1942, LEAVING THE BALANCE OF THE APPLICABLE SECTION 8 OF THE ACT OF AUGUST 27, 1940, THE SUBSISTING LAW AS TO COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE. QUESTION 5 IS ANSWERED IN THE AFFIRMATIVE.

(WHETHER) (6) COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE MAY COUNT FOR PERIOD PAY AND LONGEVITY PAY PURPOSES FULL TIME FOR ALL PERIODS WHILE HOLDING A COMMISSION IN THE NATIONAL GUARD.

IN VIEW OF SECTIONS 8 AND 14 OF THE ACT OF JUNE 16, 1942, COMMISSIONED SERVICE IN THE NATIONAL GUARD (SEE ANSWER TO QUESTION 3) MAY BE INCLUDED FOR LONGEVITY PAY BUT NOT FOR PERIOD PAY.

(WHETHER) (7) COMMISSIONED OFFICERS, COMMISSIONED WARRANT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE MAY COUNT FOR LONGEVITY PAY PURPOSES THE TIME ELAPSING BETWEEN EFFECTIVE DATE OF TRANSFER TO THE HONORARY RETIRED LIST TO THE DATE ON WHICH THEY BECOME ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES UPON SUBSEQUENT RECALL TO ACTIVE DUTY. SECTION 1 OF PUBLIC LAW 538, APPROVED MAY 4, 1942, 56 STAT. 266, PROVIDES:

THAT HEREAFTER WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES SHALL BE CREDITED WITH LONGEVITY FOR PAY PURPOSES ON THE BASIS OF FULL TIME FOR ALL SERVICE SINCE JUNE 30, 1925, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD: PROVIDED, THAT WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARDOF THE UNITED STATES SHALL NOT BE CREDITED FOR THIS PURPOSE WITH TIME SERVED IN THE INACTIVE NATIONAL GUARD NOT IN THE ACTIVE FEDERAL SERVICE. SECTION 15 OF THE ACT OF JUNE 16, 1942, 56 STAT. 367, PUBLIC LAW 607, PROVIDES IN PERTINENT ART:

ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, RETIRED OFFICERS, WARRANT OFFICERS, NURSES, ENLISTED MEN, AND MEMBERS OF THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE SHALL HAVE THEIR RETIRED PAY, RETAINER PAY, OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT, WHICH PAY SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT OR TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE IN THE COMPUTATION OF THEIR LONGEVITY PAY AND PAY PERIODS: * * *

ON THE AUTHORITY OF THE ABOVE PROVISIONS AND THE DECISION TO THE SECRETARY OF THE NAVY, B-26510, DATED SEPTEMBER 30, 1942, 22 COMP. GEN. 281, THIS QUESTION IS ANSWERED IN THE NEGATIVE.

(WHETHER) (8) COMMISSIONED OFFICERS AND COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE MAY COUNT FOR LONGEVITY AND PERIOD PAY PURPOSES, ACTIVE SERVICE IN THE GRADE OF AVIATION CADET AS AUTHORIZED IN SECTION 7 OF THE NAVAL RESERVE ACT OF 1938.

SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176 CONTAINS A PROVISO:

* * * THAT FOR THE PURPOSES OF COMPUTING INCREASES IN PAY OF COMMISSIONED OFFICERS ON ACCOUNT OF LENGTH OF SERVICE, ACTIVE SERVICE IN THE GRADE OF AVIATION CADET SHALL BE CONSIDERED AS COMMISSIONED SERVICE * * *.

THE ABOVE PROVISION CONTINUED TO BE THE LAW UNTIL ITS REPEAL BY SECTION 15 (F) OF THE ACT OF AUGUST 4, 1942, 56 STAT. 739, PUBLIC LAW 698. ON AND AFTER THAT DATE IT CONTINUED IN EFFECT AS TO AVIATION CADETS PREVIOUSLY APPOINTED BY THE SECRETARY OF THE NAVY, AS DISTINGUISHED FROM AVIATION CADETS WHO ENLISTED UNDER THE PROVISIONS OF THAT ACT. SECTION 14 OF THE ACT OF AUGUST 4, 1942, PROVIDES:

NO BACK PAY OR ALLOWANCES SHALL BE DEEMED TO HAVE ACCRUED UNDER THE PROVISIONS OF THIS ACT PRIOR TO ITS ENACTMENT: PROVIDED, THAT AVIATION CADETS PREVIOUSLY APPOINTED BY THE SECRETARY OF THE NAVY, AS DISTINGUISHED FROM AVIATION CADETS ENLISTED UNDER THE PROVISIONS OF THIS ACT, SHALL CONTINUE TO SERVE UNDER SUCH APPOINTMENTS UNTIL COMMISSIONED OR DISCHARGED FROM THE NAVAL SERVICE, AND THE ACTIVE SERVICE OF SUCH AVIATION CADETS SHALL BE CONSIDERED AS COMMISSIONED SERVICE FOR THE PURPOSE OF COMPUTING INCREASES IN PAY OF COMMISSIONED OFFICERS ON ACCOUNT OF LENGTH OF SERVICE. ( ITALICS SUPPLIED.)

EXCEPT AS AFFECTED BY THE ACT OF AUGUST 4, 1942, THE QUOTED PROVISION FROM SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 IS NOT AFFECTED BY THE 1942 PAY ACT. SEE ANSWER TO QUESTION 5, SUPRA. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE AS TO SERVICE IN THE GRADE OF AVIATION CADET WHERE SUCH SERVICE WAS UNDER APPOINTMENT IN ACCORDANCE WITH LAWS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE ACT OF AUGUST 4, 1942.

(WHETHER) (9) WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE MAY COUNT FOR PAY PURPOSES ON AND AFTER JUNE 1, 1942, ALL SERVICE (BOTH ACTIVE AND INACTIVE) IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE, CREATED BY THE ACT OF AUGUST 29, 1916.

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

YOU ALSO REQUEST DECISION UPON A QUESTION CONTAINED IN PARAGRAPH 9 OF THE LETTER OF JULY 28, 1942, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS:

9. OFFICERS OF THE LINE OF THE NAVY APPOINTED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 2 OF THE ACT OF AUGUST 27, 1940, WERE ALLOWED TO COUNT FOR LONGEVITY PAY PURPOSES ALL SERVICE, INCLUDING SERVICE AS AVIATION CADETS, WITH WHICH THEY WERE CREDITED UNDER THE PROVISIONS OF SECTION 3 OF THE PAY READJUSTMENT ACT OF 1922 AND SECTION 7 OF THE NAVAL RESERVE ACT OF 1938. THE SERVICE WHICH SUCH OFFICERS WERE ENTITLED TO COUNT ON DATE OF APPOINTMENT IN REGULAR NAVY IS ENUMERATED IN PARAGRAPH G- 1 (B) OF THE PAY BILL INSTRUCTIONS, APPENDIX A, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER SUCH OFFICERS MAY CONTINUE TO COUNT THE SERVICE REFERRED TO FOR LONGEVITY PAY PURPOSES IN VIEW OF THE PROVISION IN SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942 THAT LONGEVITY PAY FOR OFFICERS OF THE REGULAR NAVY SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES WHICH IS AUTHORIZED TO BE COUNTED FOR PAY PURPOSES UNDER THE PROVISIONS OF THAT ACT OR AS MAY OTHERWISE BE PROVIDED BY LAW.

UNDER SECTION 2 OF THE ACT OF AUGUST 27, 1940, 54 STAT. 864, THE PRESIDENT WAS AUTHORIZED TO APPOINT IN THE LINE OF THE REGULAR NAVY AND MARINE CORPS, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AS MANY NAVAL AVIATION CADETS OF THE NAVAL AND MARINE CORPS RESERVE AS HE MAY DEEM NECESSARY, AS MORE PARTICULARLY THEREIN PROVIDED. IT WAS FURTHER PROVIDED THAT:

* * * IN COMPUTING THE PAY OF OFFICERS APPOINTED UNDER THE AUTHORITY OF THIS ACT, CREDIT FOR LONGEVITY SHALL BE GIVEN THEM FOR ALL SERVICE, INCLUDING SERVICE AS AVIATION CADETS, WITH WHICH THEY HAVE HERETOFORE BEEN CREDITED.

AVIATION OFFICERS OF THE NAVAL AND MARINE CORPS RESERVE, WHO WERE APPOINTED IN THE LINE OF THE REGULAR NAVY AND MARINE CORPS UNDER THE ACT OF AUGUST 27, 1940, WERE GIVEN THE SAME LONGEVITY BENEFITS AS WERE CONFERRED UPON THEM IN THEIR STATUS AS OFFICERS OF THE NAVAL AND MARINE CORPS RESERVE. THE SERVICE AUTHORIZED TO BE CREDITED TO THE OFFICERS SO APPOINTED UNDER THE QUOTED PROVISO IS NOT MODIFIED BY THE PAY READJUSTMENT ACT OF 1942. THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.