B-28618, SEPTEMBER 28, 1942, 22 COMP. GEN. 275

B-28618, SEPTEMBER 28, 1942, 22 COMP. GEN. 275

LONGEVITY PAY - MARINE CORPS RESERVE OFFICERS - SERVICE CREDITS THE PROVISION IN SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942, REQUIRING CONFIRMATION IN GRADE AND QUALIFICATION FOR ALL GENERAL SERVICE IN ORDER THAT FULL TIME FOR PERIODS DURING WHICH AN OFFICER HELD A RESERVE COMMISSION MAY BE COUNTED FOR LONGEVITY PAY PURPOSES, APPLIES ONLY TO THE NAVAL RESERVE FORCE AND THE MARINE CORPS RESERVE FORCE IN WHICH, FROM 1916 TO 1925, SUCH CONFIRMATION AND QUALIFICATION WERE REQUIRED, AND DOES NOT APPLY TO THE OTHER RESERVE SERVICES NAMED THEREIN THE LAWS PERTAINING TO WHICH DID NOT REQUIRE SUCH CONFIRMATION AND QUALIFICATION. A MARINE CORPS RESERVE OFFICER WHO, PRIOR TO ACCEPTANCE OF A COMMISSION IN THE MARINE CORPS RESERVE, HELD A COMMISSION IN THE OFFICERS' RESERVE CORPS OF THE ARMY MAY BE CREDITED, FOR PURPOSES OF COMPUTING LONGEVITY PAY UNDER SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942, WITH FULL TIME FOR ALL PERIODS DURING WHICH HE HELD A COMMISSION IN SUCH OFFICER'S RESERVE CORPS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. TOM E. THRASHER, JR., U.S. MARINE CORPS, SEPTEMBER 28, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 1, 1942, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR PAYMENT THE ATTACHED VOUCHER ON WHICH MAJOR JOHN R. MOE, U.S. MARINE CORPS RESERVE, ACTIVE, CLAIMS THE DIFFERENCE BETWEEN PAY AS AN OFFICER OF THE FOURTH PAY PERIOD WITH OVER NINE YEARS' SERVICE AT THE RATE OF $287.50 PER MONTH, AND WITH OVER FIFTEEN YEARS' SERVICE AT THE RATE OF $312.50 PER MONTH, FOR THE PERIOD JUNE 1 TO AUGUST 31, 1942, INCLUSIVE.

THE RECORDS OF THIS HEADQUARTERS, AS FURNISHED BY THE WAR DEPARTMENT, SHOW THAT MAJOR MOE ACCEPTED COMMISSION IN THE U.S. ARMY RESERVE ON SEPTEMBER 12, 1924, AND THAT HE HAD CONTINUOUS COMMISSIONED SERVICE UNTIL THE DATE OF HIS SEPARATION THEREFROM, JULY 6, 1938, A TOTAL OF THIRTEEN YEARS, NINE MONTHS, AND TWENTY-FIVE DAYS. THE RECORDS FURTHER SHOW THAT MAJOR MOE PERFORMED ACTIVE DUTY AS A COMMISSIONED OFFICER IN THE U.S. ARMY RESERVE CORPS FOR THE PERIODS AUGUST 8, 1926, TO AUGUST 22, 1926; JULY 21, 1929, TO AUGUST 3, 1929; OCTOBER 18, 1930, TO OCTOBER 31, 1930; OCTOBER 7, 1934, TO OCTOBER 20, 1934; DECEMBER 1, 1934, TO FEBRUARY 15, 1936, AND MAY 23, 1937, TO JUNE 5, 1937, ALL DATES INCLUSIVE, A TOTAL OF ONE YEAR, FOUR MONTHS, AND TWENTY-SIX DAYS' ACTIVE COMMISSIONED SERVICE. THE RECORDS FURTHER SHOW THAT MAJOR MOE ACCEPTED COMMISSION AS A CAPTAIN IN THE U.S. MARINE CORPS RESERVE ON JULY 18, 1938, AND HAS HELD COMMISSION CONTINUOUSLY SINCE THAT DATE. MOE WAS PROMOTED TO THE RANK OF MAJOR IN THE MARINE CORPS RESERVE FOR TEMPORARY SERVICE ON MAY 8, 1942.

IN 2 COMP. GEN. 771-772, IT WAS HELD THAT " THE PROVISION OF SECTION 3,"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" HAS EQUAL APPLICATION TO OFFICERS OF "THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT.' THE SERVICES MENTIONED IN THE TITLE OF THE ACT OF JUNE 10, 1922, ARE THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE.'

ACCORDINGLY, MAJOR MOE HAS HERETOFORE BEEN CREDITED AND PAID LONGEVITY PAY ON THE BASIS OF FULL TIME FOR ALL PERIODS OF ACTIVE COMMISSIONED SERVICE AND FOR ONE-HALF TIME FOR ALL OTHER PERIODS DURING WHICH HE HELD A COMMISSION IN THE U.S. ARMY RESERVE CORPS. HE HAD, THEREFORE, A TOTAL OF SEVEN YEARS, SEVEN MONTHS, AND ELEVEN DAYS' SERVICE FOR LONGEVITY PURPOSES PRIOR TO ACCEPTING COMMISSION IN THE MARINE CORPS RESERVE AND HAS BEEN PAID ACCORDINGLY.

SECTION 3 OF THE ACT OF JUNE 16, 1942, PUBLIC LAW 607, 77TH CONGRESS, INSOFAR AS HERE MATERIAL, PROVIDES THAT:

"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.'

IN VIEW OF THE FOREGOING, DOUBT EXISTS AS TO WHETHER THE UNDERSIGNED MAY, UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 16, 1942, SUPRA, ON AND AFTER JUNE 1, 1942, PAY OFFICERS OF THE MARINE CORPS RESERVE LONGEVITY PAY BASED ON 100 PERCENT FOR ALL SERVICE, BOTH ACTIVE AND INACTIVE, IN THE U.S. ARMY RESERVE CORPS PRIOR TO MAY 31, 1942. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE UNDERSIGNED IS AUTHORIZED TO PAY THE ENCLOSED VOUCHER.

IN VIEW OF THE FACT THAT THERE ARE A NUMBER OF SUCH CASES NOW BEFORE THIS OFFICE IT IS REQUESTED THAT, IF PRACTICABLE, YOUR DECISION BE EXPEDITED.

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

THIS WAS CONSTRUED AS AUTHORIZING FULL TIME CREDIT FOR LONGEVITY FOR TIME DURING WHICH THE OFFICER HELD A COMMISSION IN ANY OF THE NAMED ORGANIZATIONS, UNLESS THE STATUTE APPLICABLE TO THE ORGANIZATION REQUIRED CONFIRMATION IN GRADE AND QUALIFICATION FOR ALL GENERAL SERVICE. THE NAVAL RESERVE FORCE ACT OF AUGUST 29, 1916, 39 STAT. 587, PROVIDED THAT WHEN FIRST ENROLLED IN THE NAVAL RESERVE FORCE, MEMBERS (EXCEPT THOSE IN THE FLEET NAVAL RESERVE) SHOULD BE GIVEN A PROVISIONAL GRADE, RANK OR RATING, REQUIRED QUALIFICATION FOR ALL GENERAL SERVICE IN THE NAVAL RESERVE FORCE, AND CERTAIN ACTIVE SERVICES FOR CONFIRMATION. ACCORDINGLY, UNDER THE ACT OF 1922, ONE-HALF TIME CREDIT ONLY WAS ALLOWED FOR INACTIVE SERVICE IN A PROVISIONAL GRADE IN THE NAVAL OR MARINE CORPS RESERVE FORCE. IT WILL BE NOTED THAT THE OFFICERS' RESERVE CORPS OF THE ARMY AND THE PUBLIC HEALTH RESERVE WERE NOT INCLUDED IN THE NAMED SERVICES FOR WHICH FULL TIME CREDIT WAS ALLOWED FOR INACTIVE SERVICE AND THOSE RESERVE SERVICES WERE INCLUDED IN THE LAST CLAUSE OF THE SECTION, THAT IS, MEMBERS WERE ALLOWED ONE HALF TIME CREDIT FOR INACTIVE SERVICE DURING THE TIME THE PERSON HELD A COMMISSION IN EITHER OF THOSE RESERVES, AND FULL TIME CREDIT FOR ACTIVE SERVICE, WITHOUT REFERENCE TO CONFIRMATION IN GRADE AND QUALIFICATION FOR ALL GENERAL SERVICE. SECTION 11 OF THE NAVAL RESERVE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, PROVIDED THAT WHEN ON THE INDICATED ACTIVE DUTY OFFICERS OF THE NAVAL RESERVE "SHALL BE DEEMED TO HAVE BEEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.' THE SAME PROVISION APPEARS IN SECTION 7 OF THE NAVAL RESERVE ACT OF JUNE 25, 1938, 52 STAT. 1176, 1177.

IN SECTION 3 OF THE ACT OF JUNE 16, 1942, IT IS SPECIFICALLY PROVIDED THAT OFFICERS---

* * * SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS * * * IN * * * THE OFFICERS RESERVE CORPS, * * * COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

THE PROVISION NOW APPEARING IN THE LAW REQUIRING CONFIRMATION IN GRADE AND QUALIFICATIONS FOR ALL GENERAL SERVICE APPLIES ONLY TO THE NAVAL RESERVE FORCE AND THE MARINE CORPS RESERVE FORCE IN WHICH, FROM 1916 TO 1925, SUCH CONFIRMATION AND QUALIFICATION WERE REQUIRED. IT 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 LAWS FOR SUCH OTHER SERVICE DID NOT REQUIRE SUCH CONFIRMATION AND QUALIFICATION. 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.

YOU ARE AUTHORIZED TO PAY THE VOUCHER, RETURNED HEREWITH, IF OTHERWISE CORRECT.