B-33787, JULY 6, 1943, 23 COMP. GEN. 4

B-33787: Jul 6, 1943

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" A TEMPORARY COMMISSIONED WARRANT OFFICER WHO WAS PROMOTED FROM THE GRADE OF TEMPORARY WARRANT OFFICER IS ENTITLED TO RECEIVE UNDER THE SAVED PAY PROVISION (WHICH DOES NOT INCLUDE ALLOWANCES) IN SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942. WHICHEVER IS GREATER. AN ENLISTED MAN OF THE NAVY WHO WAS PROMOTED DIRECTLY TO THE TEMPORARY GRADE OF COMMISSIONED WARRANT OFFICER UNDER THE ACT OF JULY 24. IS ENTITLED. WHICHEVER IS GREATER. NOT TO THE PAY OF A WARRANT OFFICER PLUS THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER AS IS THE CASE WITH RESPECT TO A COMMISSIONED WARRANT OFFICER PROMOTED FROM THE GRADE OF WARRANT OFFICER WHO IS ENTITLED UNDER SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942 TO THE SAVED PAY (NOT INCLUDING ALLOWANCES) OF A WARRANT OFFICER.

B-33787, JULY 6, 1943, 23 COMP. GEN. 4

PAY AND ALLOWANCES OF NAVY PERSONNEL AS AFFECTED BY SAVED PAY, ETC., PROVISIONS OF PAY READJUSTMENT ACT OF 1942 AND ACT OF JULY 24, 1941, AS AMENDED UNDER THE FIRST PROVISO TO SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AS AMENDED, THAT PERSONS TEMPORARILY COMMISSIONED OR WARRANTED UNDER THE SAID ACT SHALL BE ENTITLED TO THE PAY AND ALLOWANCES "PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED," A TEMPORARY COMMISSIONED WARRANT OFFICER WHO WAS PROMOTED FROM THE GRADE OF TEMPORARY WARRANT OFFICER IS ENTITLED TO RECEIVE UNDER THE SAVED PAY PROVISION (WHICH DOES NOT INCLUDE ALLOWANCES) IN SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, THE PAY OF A WARRANT OFFICER OR THE PAY OF A COMMISSIONED WARRANT OFFICER, WHICHEVER IS GREATER, AND THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER. AN ENLISTED MAN OF THE NAVY WHO WAS PROMOTED DIRECTLY TO THE TEMPORARY GRADE OF COMMISSIONED WARRANT OFFICER UNDER THE ACT OF JULY 24, 1941, IS ENTITLED, UNDER THE THIRD PROVISO OF SECTION 7 (A) OF SAID ACT AS ADDED BY THE ACT OF NOVEMBER 30, 1942, TO EITHER THE PAY AND ALLOWANCES OF A WARRANT OFFICER, WHICHEVER IS GREATER; AND NOT TO THE PAY OF A WARRANT OFFICER PLUS THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER AS IS THE CASE WITH RESPECT TO A COMMISSIONED WARRANT OFFICER PROMOTED FROM THE GRADE OF WARRANT OFFICER WHO IS ENTITLED UNDER SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942 TO THE SAVED PAY (NOT INCLUDING ALLOWANCES) OF A WARRANT OFFICER.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JULY 6, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 9, 1943, WITH WHICH YOU TRANSMITTED A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS DATED APRIL 2, 1943, REQUESTING CLARIFICATION OF DECISION DATED MARCH 2, 1943, B-31101, WITH RESPECT TO ITS APPLICATION TO TWO CASES, THE STATED CIRCUMSTANCES OF WHICH ARE HEREINAFTER QUOTED.

THE DECISION OF MARCH 2, 1943, MENTIONED ABOVE, CONSIDERED THE CASE OF A PERMANENT WARRANT OFFICER WHO HAD COMPLETED MORE THAN THIRTY YEARS' SERVICE AS AN ENLISTED MAN AND WARRANT OFFICER, AND WHO HAD BEEN PROMOTED MARCH 13, 1942, TO THE TEMPORARY GRADE OF CHIEF WARRANT OFFICER PURSUANT TO THE ACT OF JULY 24, 1941, 55 STAT. 603. THE OFFICER INVOLVED IN THAT CASE CLAIMED THAT UNDER THE PROVISIONS OF SECTION 7 (A) OF THE SAID ACT OF JULY 24, 1941, HE WAS ENTITLED TO THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED, AND THAT SUCH PAY AND ALLOWANCES WERE (1) THE PAY OF A CHIEF WARRANT OFFICER OR THE PAY OF A WARRANT OFFICER, WHICHEVER WAS GREATER, AND (2) THE ALLOWANCES OF A CHIEF WARRANT OFFICER. SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AS AMENDED BY THE ACT OF NOVEMBER 30, 1942, 56 STAT. 1023, PROVIDES IN PART:

* * * 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 WAS ENTITLED AT THE TIME OF SUCH TEMPORARY APPOINTMENT NOR SHALL HE SUFFER ANY REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER RANK OR GRADE: * * *

IN THE SAID DECISION OF MARCH 2, 1943, IT WAS STATED THAT UPON THE WARRANT OFFICER'S PROMOTION TO COMMISSIONED WARRANT OFFICER HE WAS ENTITLED (BY REASON OF THE SAVINGS CLAUSE CONTAINED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625) TO CONTINUE TO RECEIVE THE PAY OF A WARRANT OFFICER PLUS THE ALLOWANCES AUTHORIZED FOR A COMMISSIONED WARRANT OFFICER, AND IT WAS HELD THAT FROM THE EFFECTIVE DATE OF THE PAY READJUSTMENT ACT OF JUNE 16, 1942, 56 STAT. 359, THE OFFICER WAS ENTITLED TO RECEIVE SUCH PAY AND ALLOWANCES--- THAT IS, THE PAY AUTHORIZED FOR A WARRANT OFFICER AND THE ALLOWANCES AUTHORIZED FOR A COMMISSIONED WARRANT OFFICER--- AT THE RATES PRESCRIBED IN SECTION 8 OF THE LATTER ACT, 56 STAT. 362, 363. THE CONCLUSION REACHED IN THAT CASE WAS NOT BASED ON THE SECOND PROVISO CONTAINED IN SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AS AMENDED, WHICH SAVES TO PERSONS PROMOTED UNDER THAT ACT THE PAY AND ALLOWANCES TO WHICH THEY WERE ENTITLED AT THE TIME OF THE TEMPORARY APPOINTMENT, OR THE PAY AND ALLOWANCES TO WHICH THEY WERE ENTITLED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER RANK OR GRADE. THE DETERMINATION MADE IN THAT DECISION WAS BASED ON THE FIRST PROVISO OF SAID SECTION 7 (A), WHICH PROVIDES THAT, EXCEPT AS OTHERWISE PROVIDED, NO PERSON WHO SHALL ACCEPT A COMMISSION OR WARRANT UNDER THE ACT SHALL, WHILE SERVING THEREUNDER, BE ENTITLED TO PAY AND ALLOWANCES EXCEPT AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED. THE ACT DOES NOT SET OUT THE RATES OF PAY AND ALLOWANCES AUTHORIZED FOR PERSONNEL TEMPORARILY PROMOTED THEREUNDER, AND, THEREFORE, IT IS TO BE ASSUMED THAT IT WAS THE INTENTION THAT THE PAY AND ALLOWANCES "AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED" WERE TO BE THE PAY AND ALLOWANCES AUTHORIZED BY PERMANENT PROVISIONS OF LAW. ON MARCH 13, 1942, THE EFFECTIVE DATE OF THE PROMOTION FROM WARRANT OFFICER TO CHIEF WARRANT OFFICER CONSIDERED IN THE DECISION OF MARCH 2, 1943, THERE WAS IN EFFECT THE FOLLOWING PROVISION CONTAINED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, 627:

* * * PROVIDED, THAT A COMMISSIONED WARRANT OFFICER PROMOTED FROM THE GRADE OF WARRANT OFFICER SHALL SUFFER NO REDUCTION OF PAY BY REASON OF SUCH PROMOTION. * * *

UNDER THAT PROVISION OF LAW, A COMMISSIONED WARRANT OFFICER PROMOTED FROM WARRANT OFFICER HAD THE PAY OF A WARRANT OFFICER SAVED TO HIM. HOWEVER, THE ALLOWANCES AUTHORIZED FOR A WARRANT OFFICER WERE NOT PRESCRIBED FOR PAYMENT IN CONJUNCTION WITH SUCH SAVED PAY AND, THEREFORE, THE ONLY ALLOWANCES AUTHORIZED BY LAW, UNDER SUCH CIRCUMSTANCES, WERE THOSE AUTHORIZED FOR A COMMISSIONED WARRANT OFFICER. APPLYING THESE PRINCIPLES TO THE CASE CONSIDERED IN THE DECISION OF MARCH 2, 1943, THE REASON FOR THE CONCLUSION THEREIN REACHED IS APPARENT.

THE FIRST QUESTION FOR CONSIDERATION IS STATED AS FOLLOWS:

(A) A PETTY OFFICER FIRST CLASS WAS TEMPORARILY APPOINTED TO WARRANT RANK ON FEBRUARY 13, 1942, AT WHICH TIME HE HAD 12 YEARS' PRIOR ENLISTED SERVICE FOR PAY PURPOSES; ON MARCH 8, 1943, HE WAS TEMPORARILY APPOINTED TO COMMISSIONED WARRANT RANK. IN VIEW OF THE FACT THAT THE SECOND PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AS AMENDED, STATES THAT NO PERSON TEMPORARILY APPOINTED UNDER THE AUTHORITY OF THAT ACT SHOULD SUFFER ANY REDUCTION IN PAY AND ALLOWANCES TO WHICH ENTITLED UNDER PRIOR TEMPORARY APPOINTMENT IN A LOWER RANK OR GRADE, IS THIS INDIVIDUAL ENTITLED TO THE SAVED PAY OF A WARRANT OFFICER (PRIOR TEMPORARY RANK) WITH OVER 12 YEARS' SERVICE AND THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER WITH LESS THAN 3 YEARS' SERVICE. IN THIS CONNECTION, IT IS POINTED OUT THAT THIS INDIVIDUAL WAS, TO ALL INTENTS AND PURPOSES, A WARRANT OFFICER AND ENTITLED TO THE PAY AND ALLOWANCES OF THAT RANK ON THE SAME BASIS AS A PERMANENT WARRANT OFFICER, AND THAT HE WAS SUBSEQUENTLY APPOINTED TO A TEMPORARY COMMISSIONED WARRANT RANK UNDER THE SAME AUTHORITY AS A PERMANENT WARRANT OFFICER IS APPOINTED TO TEMPORARY COMMISSIONED WARRANT RANK.

YOUR QUESTION SUGGESTS THAT THE ANSWER THERETO IS TO BE DETERMINED BY AN APPLICATION OF THE PROVISIONS OF THE SECOND PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, QUOTED ABOVE, WHICH PROVIDES THAT PERSONS PROMOTED UNDER THAT ACT SHALL SUFFER NO REDUCTION IN CERTAIN PAY AND ALLOWANCES. HOWEVER, AS INDICATED ABOVE WITH RESPECT TO THE DECISION OF MARCH 2, 1943, THE FIRST DETERMINATION TO BE MADE IS THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED, AS AUTHORIZED BY THE FIRST PROVISO OF SAID SECTION 7 (A). IF SUCH PAY AND ALLOWANCES EQUAL OR EXCEED THE PAY AND ALLOWANCES RECEIVED AT THE TIME OF THE TEMPORARY APPOINTMENT (AND, ALSO, THE PAY AND ALLOWANCES RECEIVED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER RANK OR GRADE), THE SAVINGS CLAUSE CONTAINED IN THE SECOND PROVISO OF SAID SECTION 7 (A) HAS NO APPLICATION.

THE THIRD PARAGRAPH OF SECTION 8 OF THE ACT OF JUNE 16, 1942, 56 STAT. 362, CONTAINS THE FOLLOWING PROVISION:

* * * PROVIDED, THAT A COMMISSIONED WARRANT OFFICER OR CHIEF WARRANT OFFICER PROMOTED FROM THE GRADE OF WARRANT OFFICER OR WARRANT OFFICER (JUNIOR GRADE) SHALL SUFFER NO REDUCTION OF PAY BY REASON OF SUCH PROMOTION: * * * THAT PROVISION WAS IN EFFECT WHEN THE WARRANT OFFICER REFERRED TO IN YOUR FIRST QUESTION WAS PROMOTED TO COMMISSIONED WARRANT RANK AND, THEREFORE, SUCH COMMISSIONED WARRANT OFFICER WAS ENTITLED TO THE PAY OF A WARRANT OFFICER, OR TO THE PAY OF A COMMISSIONED WARRANT OFFICER, WHICHEVER WAS GREATER. LIKE THE SAVINGS CLAUSE CONTAINED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, QUOTED ABOVE, THE SIMILAR PROVISION IN SECTION 8 OF THE ACT OF JUNE 16, 1942, DOES NOT PRESCRIBE PAYMENT TO A COMMISSIONED WARRANT OFFICER OF THE ALLOWANCES AUTHORIZED FOR A WARRANT OFFICER IN CONJUNCTION WITH THE SAVED PAY OF A WARRANT OFFICER, AND THEREFORE, ONLY THE ALLOWANCES AUTHORIZED BY LAW FOR HIS COMMISSIONED STATUS ARE AUTHORIZED TO BE PAID. APPLYING THE FOREGOING TO THE CASE OF THE COMMISSIONED WARRANT OFFICER INVOLVED IN YOUR FIRST QUESTION, HE WOULD BE ENTITLED TO THE PAY OF A WARRANT OFFICER AND TO THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER, WHICH, IN HIS CASE, ARE THE COMPUTED, BEING IN EXCESS OF THE PAY AND ALLOWANCES AUTHORIZED FOR A WARRANT OFFICER, THE SAID SECOND PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, IS NOT FOR APPLICATION.

THE SECOND QUESTION STATED BY THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS AND THE PORTION OF HIS LETTER THAT FOLLOWS SUCH QUESTION ARE AS FOLLOWS:

(B) ON FEBRUARY 15, 1943, A CHIEF PETTY OFFICER, WITH 15 YEARS' PRIOR ENLISTED SERVICE, WAS TEMPORARILY APPOINTED TO COMMISSIONED WARRANT RANK. IS SUCH TEMPORARY COMMISSIONED WARRANT OFFICER ENTITLED TO THE SAVED PAY OF A WARRANT OFFICER WITH EQUIVALENT LENGTH OF SERVICE AND THE ALLOWANCE OF COMMISSIONED WARRANT OFFICER, WHICH IS NORMALLY THE PAY AND ALLOWANCES PROVIDED BY LAW FOR A COMMISSIONED WARRANT OFFICER IN THE REGULAR NAVY UNTIL SUCH TIME AS THE PAY OF THAT RANK EXCEEDS THE PAY OF WARRANT RANK.

IN CONNECTION WITH CASE CITED IN (B) ABOVE, IT IS POINTED OUT THAT THE SENATE AND HOUSE HEARINGS ON S.2795 SHOW THAT THE PURPOSE INTENDED TO BE ACCOMPLISHED BY AMENDING SECTION 7 (A) OF THE ACT OF JULY 24, 1941, WAS TO GIVE AN ENLISTED MAN WHO WAS QUALIFIED FOR DIRECT APPOINTMENT TO COMMISSIONED RANK THE SAME SAVED PAY PRIVILEGES AS AN ENLISTED MAN WHO IS FIRST TEMPORARILY APPOINTED TO WARRANT RANK AND SUBSEQUENTLY TEMPORARILY APPOINTED TO COMMISSIONED RANK. THEREFORE, IT IS CONSIDERED THAT THE PHRASE "PAY AND ALLOWANCES PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED," IN THE FIRST PROVISO WAS GIVEN IN DECISION OF MARCH 2, 1943. SINCE AN ENLISTED MAN TEMPORARILY APPOINTED DIRECT TO COMMISSIONED WARRANT RANK IS CONSIDERED AS HAVING BEEN A CONSTRUCTIVE WARRANT OFFICER IT WOULD APPEAR THAT THE SAVING CLAUSE IN THE ACT OF MARCH 3, 1909, AND SECTION 8 OF THAT ACT OF JUNE 16, 1942, SHOULD BE CONSIDERED AS APPLICABLE IN SUCH CASES, AND THAT AN ENLISTED MAN INITIALLY TEMPORARILY APPOINTED TO COMMISSIONED WARRANT RANK SHOULD BE ALLOWED THE SAVED PAY OF A WARRANT OFFICER WITH EQUIVALENT LENGTH OF SERVICE AND THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER. SUCH AN INTERPRETATION WOULD SERVE TO PLACE COMMISSIONED WARRANT OFFICERS PROMOTED TO THAT RANK FROM PERMANENT WARRANT OFFICER, COMMISSIONED WARRANT OFFICERS PROMOTED TO THAT RANK FROM ENLISTED STATUS (CONSIDERED A CONSTRUCTIVE WARRANT OFFICER FOR PAY PURPOSES) ON A PARITY, AND THEREBY, WOULD PREVENT DISCRIMINATION AGAINST THE ENLISTED MAN WHO WAS QUALIFIED TO BE PROMOTED DIRECT TO COMMISSIONED WARRANT RANK WITHOUT A PERIOD OF SERVICE FOR FURTHER TRAINING IN THE STATUS OF TEMPORARY WARRANT OFFICER.

THE THIRD PROVISO OF SAID SECTION 7 (A) OF THE ACT OF JULY 24, 1941, ADDED THERETO BY THE ACT OF NOVEMBER 30, 1942, 56 STAT. 1023, IS AS FOLLOWS:

* * * PROVIDED FURTHER, THAT ENLISTED MEN WHO ARE TEMPORARILY APPOINTED TO COMMISSIONED RANK UNDER THE AUTHORITY OF THIS ACT SHALL BE ENTITLED TO THE PAY AND ALLOWANCES OF WARRANT OFFICERS WITH EQUIVALENT SERVICE OR TO THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED, WHICHEVER IS THE GREATER: * * * THE LANGUAGE OF SUCH PROVISION IS CLEAR AND UNAMBIGUOUS. IT PROVIDES THAT ENLISTED MEN TEMPORARILY APPOINTED TO COMMISSIONED RANK, WHICH APPARENTLY WAS INTENDED TO INCLUDE ENLISTED MEN TEMPORARILY APPOINTED TO THE RANK OF COMMISSIONED WARRANT OFFICER, SHALL BE ENTITLED TO THE "PAY AND ALLOWANCE" OF A WARRANT OFFICER WITH EQUIVALENT SERVICE, OR TO THE "PAY AND ALLOWANCES" PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED, WHICHEVER IS GREATER. THE PAY AND ALLOWANCES AUTHORIZED FOR A WARRANT OFFICER ARE FIXED BY SAID SECTION 8 OF THE ACT OF JUNE 16, 1942, 56 STAT. 362, AND IN THE SAME SECTION THERE ARE PRESCRIBED THE PAY AND ALLOWANCES AUTHORIZED TO BE PAID TO COMMISSIONED WARRANT OFFICERS. WHILE THAT SECTION PROVIDES THAT A COMMISSIONED WARRANT OFFICER "PROMOTED FROM THE GRADE OF WARRANT OFFICER OR WARRANT OFFICER (JUNIOR GRADE)" SHALL SUFFER NO REDUCTION OF PAY BY REASON OF SUCH PROMOTION, THAT PROVISION DOES NOT AFFECT THE PAY OR ALLOWANCES OF A COMMISSIONED WARRANT OFFICER WHO WAS NOT PROMOTED FROM THE GRADE OF WARRANT OFFICER OR WARRANT OFFICER, JUNIOR GRADE. THE PAY AUTHORIZED FOR A WARRANT OFFICER PLUS THE ALLOWANCES OF A COMMISSIONED WARRANT OFFICER ARE THE PAY AND ALLOWANCES AUTHORIZED BY LAW FOR A COMMISSIONED WARRANT OFFICER ONLY WHEN HE HAS BEEN PROMOTED TO THAT GRADE FROM THE GRADE OF WARRANT OFFICER OR WARRANT OFFICER, JUNIOR GRADE, THE PURPOSE BEING TO SAVE HIM FROM A REDUCTION FROM THE PAY OF A WARRANT OFFICER UPON PROMOTION TO THE HIGHER GRADE. THAT DOES NOT APPLY TO AN ENLISTED MAN PROMOTED DIRECTLY TO THE GRADE OF COMMISSIONED WARRANT OFFICER BECAUSE, NOT HAVING BEEN A WARRANT OFFICER OR PAID AS A WARRANT OFFICER, THERE WOULD NOT BE INVOLVED ANY REDUCTION FROM THE PAY OF A WARRANT OFFICER IN HIS CASE. WHERE AN ENLISTED MAN IS TEMPORARILY APPOINTED TO COMMISSIONED RANK UNDER THE ACT OF JULY 24, 1941, THE STATUTE AUTHORIZES THE PAYMENT OF EITHER THE "PAY AND ALLOWANCES" OF A WARRANT OFFICER OR THE "PAY AND ALLOWANCES" OF HIS TEMPORARY COMMISSIONED GRADE--- SO THAT THE PROMOTED ENLISTED MAN WILL NOT RECEIVE LESS IN HIS COMMISSIONED GRADE THAN HE WOULD HAVE RECEIVED IF HE HAD BEEN PROMOTED ONLY TO THE GRADE OF WARRANT OFFICER--- BUT IT DOES NOT "SAVE" HIM THE PAY OF A WARRANT OFFICER IN CONJUNCTION WITH THE ALLOWANCES OF HIS COMMISSIONED GRADE, OR OTHERWISE, BECAUSE HE HAD NOT BEEN A WARRANT OFFICER OR PAID IN THAT GRADE. THE FACT THAT AN ENLISTED MAN SO PROMOTED MAY BE PAID THE "PAY AND ALLOWANCES" OF A WARRANT OFFICER, IF MORE THAN THE "PAY AND ALLOWANCES" OF HIS COMMISSIONED GRADE, DOES NOT MEAN THAT HE IS TO BE REGARDED AS HAVING BEEN PROMOTED FROM THE GRADE OF WARRANT OFFICER SO AS TO SAVE HIM THE HIGHER PAY OF THAT GRADE IN CONJUNCTION WITH THE HIGHER ALLOWANCES OF HIS COMMISSIONED GRADE.

ATTENTION HAS BEEN CALLED TO THE LEGISLATIVE HISTORY OF THE ACT OF NOVEMBER 30, 1942, AS AN AID IN DETERMINING THE PURPOSE THEREOF. CAREFUL CONSIDERATION HAS BEEN GIVEN TO SAID HISTORY AND THE STATEMENTS MADE DURING THE COMMITTEE HEARINGS HAVE BEEN STUDIED, BUT NOTHING HAS BEEN FOUND THEREIN THAT WOULD WARRANT OR JUSTIFY A CONSTRUCTION OF THE ACT WHICH WOULD CHANGE THE CLEAR AND ORDINARY MEANING OF THE WORDS EMPLOYED. ACCORDINGLY, YOU ARE ADVISED THAT, UNDER THE CIRCUMSTANCES STATED IN QUESTION (B), THE TEMPORARY COMMISSIONED WARRANT OFFICER IS ENTITLED TO EITHER THE PAY AND ALLOWANCES OF A WARRANT OFFICER, OR THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER, WHICHEVER IS GREATER, BUT HE IS NOT ENTITLED TO THE PAY OF A WARRANT OFFICER PLUS THE ALLOWANCES OF COMMISSIONED WARRANT OFFICER.