B-33903, SEPTEMBER 4, 1943, 23 COMP. GEN. 164

B-33903, SEPTEMBER 4, 1943, 23 COMP. GEN. 164

PAY - SERVICE CREDITS - TEMPORARY MEMBERS OF COAST GUARD RESERVE - INCLUSION OF PERIODS WHEN NO DUTY IS PERFORMED. ENLISTED TEMPORARY MEMBERS OF THE COAST GUARD RESERVE WHO ARE ENROLLED FOR PART TIME OR INTERMITTENT DUTY PURSUANT TO SECTION 207 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, AS AMENDED, ARE NOT ENTITLED TO COUNT FOR PURPOSE OF LONGEVITY PAY UNDER SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, PERIODS WHEN NO DUTY WAS ASSIGNED OR PERFORMED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 4, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 15, 1943, FILE JAG:K:WG:GB L16-4/14) (MM, REQUESTING DECISION ON THE FOLLOWING QUESTIONS PRESENTED BY THE COMMANDANT, U.S. COAST GUARD, IN HIS LETTER OF APRIL 1, 1943:

IT IS THEREFORE REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO THE SERVICE FOR LONGEVITY PURPOSES WHICH MAY BE COUNTED BY TEMPORARY MEMBERS OF THE COAST GUARD RESERVE UNDER THE FOLLOWING CONDITIONS:

(A) AN ENLISTED TEMPORARY MEMBER OF THE RESERVE ENROLLED FOR THREE MONTHS' PART TIME DUTY WITHOUT PAY, WHO PERFORMED TWO DAYS' ACTIVE DUTY EACH WEEK. IS SUCH TEMPORARY MEMBER ENTITLED TO COUNT INACTIVE SERVICE DURING THE ENTIRE ENROLLMENT PERIOD?

(B) IF THE ANSWER TO QUESTION (A) IS IN THE AFFIRMATIVE, IS A PERSON ENTITLED TO COUNT ALL SERVICE WHO WAS ENROLLED FOR THREE MONTHS' INTERMITTENT DUTY WITHOUT PAY AND PERFORMED TWO HOURS' DUTY OR LESS EACH DAY?

(C) IF THE ANSWER TO QUESTION (B) IS IN THE AFFIRMATIVE, IS A PERSON ENTITLED TO COUNT ALL SERVICE WHO WAS ENROLLED FOR THREE MONTHS' INTERMITTENT DUTY WITHOUT PAY AND SUBJECT TO CALL TO DUTY ONLY IN CASE NEEDED?

THE LAST PARAGRAPH OF SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, PROVIDES:

EVERY ENLISTED MAN PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS GRADE FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS. SUCH SERVICE SHALL BE ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE.

IN DECISION OF OCTOBER 29, 1942, 22 COMP. GEN. 411, 419, ANSWER TO QUESTION G, IT WAS HELD THAT UNDER THE SAID PROVISION BOTH ACTIVE AND INACTIVE SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY COULD BE COUNTED BY ENLISTED MEN FOR LONGEVITY PAY PURPOSES AND WHILE THE BASIS FOR THAT CONCLUSION APPEARS EQUALLY APPLICABLE TO SERVICE IN THE REGULAR COAST GUARD RESERVE, IT DOES NOT NECESSARILY FOLLOW THAT IT APPLIES TO PERIODS WHEN TEMPORARY MEMBERS OF SUCH COAST GUARD RESERVE ARE NOT SERVING ON ANY ASSIGNED COAST GUARD DUTIES FOR WHICH TEMPORARILY ENROLLED.

THE COAST GUARD RESERVE, AS NOW CONSTITUTED, WAS ESTABLISHED BY THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, 55 STAT. 9, AS AMENDED BY THE ACTS OF JULY 11, 1941, 55 STAT. 584; JUNE 6, 1942, 56 STAT. 329; AND NOVEMBER 23, 1942, 56 STAT. 1020. THE ENROLLMENT OF TEMPORARY MEMBERS IN SUCH RESERVE IS AUTHORIZED BY SECTION 207 OF THE SAID COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, WHICH, AS AMENDED BY THE ACT OF JUNE 6, 1942, SUPRA, READS AS FOLLOWS:

THE COMMANDANT, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY OR OF THE SECRETARY OF THE NAVY, WHILE THE COAST GUARD IS OPERATING AS A PART OF THE NAVY, IS HEREBY AUTHORIZED TO ENROLL AS TEMPORARY MEMBERS OF THE RESERVE, FOR DUTY UNDER SUCH CONDITIONS AS HE MAY PRESCRIBE, INCLUDING BUT NOT LIMITED TO PART-TIME AND INTERMITTENT ACTIVE DUTY WITH OR WITHOUT PAY, AND WITHOUT REGARD TO AGE, MEMBERS OF THE AUXILIARY, SUCH OFFICERS AND MEMBERS OF THE CREW OF ANY MOTORBOAT OR YACHT PLACED AT THE DISPOSAL OF THE COAST GUARD, AND SUCH MEN WHO BY REASON OF THEIR SPECIAL TRAINING AND EXPERIENCE ARE DEEMED BY THE COMMANDANT TO BE QUALIFIED FOR SUCH DUTY, AS ARE CITIZENS OF THE UNITED STATES OR OF ITS TERRITORIES OR POSSESSIONS, EXCEPT THE PHILIPPINE ISLANDS, TO DEFINE THEIR POWERS AND DUTIES, AND TO CONFER UPON THEM, APPROPRIATE TO THEIR QUALIFICATIONS AND EXPERIENCE, THE SAME RANKS, GRADES, AND RATINGS AS ARE PROVIDED FOR THE PERSONNEL OF THE REGULAR COAST GUARD RESERVE. WHEN PERFORMING ACTIVE DUTY WITH PAY, AS HEREIN AUTHORIZED, TEMPORARY MEMBERS OF THE RESERVE SHALL BE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF THEIR RESPECTIVE RANKS, GRADES, OR RATINGS, AS MAY BE AUTHORIZED FOR MEMBERS OF THE REGULAR COAST GUARD RESERVE. ( ITALICS SUPPLIED.)

AS ORIGINALLY ENACTED, SAID SECTION 207, 55 STAT 12, AUTHORIZED THE ENROLLMENT OF TEMPORARY MEMBERS OF THE RESERVE FOR ACTIVE DUTY ONLY, THUS NECESSITATING SEPARATE ENROLLMENTS EACH TIME THEIR SERVICES WERE REQUIRED AND DISENROLLMENTS EACH TIME THEIR SERVICES COULD BE DISPENSED WITH; AND IT WAS THIS INCONVENIENCE, AMONG OTHER THINGS, THAT WAS SOUGHT TO BE OVERCOME IN THE AMENDED PROVISION. IN HIS LETTER OF APRIL 25, 1942, TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AS QUOTED IN THE REPORT OF THE HOUSE COMMITTEE ON THE MERCHANT MARINE AND FISHERIES ON THE PROPOSED AMENDATORY LEGISLATION ( H.R. REPORT NO. 2072, 77TH CONGRESS), THE SECRETARY OF THE NAVY, IN RECOMMENDING FAVORABLE ACTION ON THE BILL, STATED:

THE PROPOSED AMENDMENT TO SECTION 207 IS FOR THE PURPOSE OF PERMITTING THE COAST GUARD TO UTILIZE THE SERVICES OF TEMPORARY MEMBERS OF THE RESERVE ON A PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FREE FROM THE PRESENT NECESSITY OF CONTINUOUS ENROLLMENT AND DISCHARGE COINCIDENT WITH EACH USE OF THE TEMPORARY RESERVIST'S VESSEL. * * * SEE, ALSO, THE REPORT OF THE SENATE COMMITTEE ON NAVAL AFFAIRS ( SENATE REPORT NO. 1317, 77TH CONGRESS) IN THIS CONNECTION.

THUS IT WILL BE SEEN THAT THE OBJECT IN REMOVING THE RESTRICTION AGAINST ENROLLING TEMPORARY MEMBERS FOR ANY BUT ACTIVE DUTY WAS TO OBVIATE THE NECESSITY FOR REPEATED ENROLLMENTS AND DISENROLLMENTS COVERING PERIODS OF ACTUAL SERVICE. IT DID NOT MATERIALLY CHANGE THE STATUS OF SUCH TEMPORARY RESERVISTS OR THEIR CONDITIONS OF SERVICE BUT, FOR ALL PRACTICAL PURPOSES, ESPECIALLY INSOFAR AS PAY IS CONCERNED, LEFT THEM IN THE SAME POSITION AS BEFORE. MOREOVER, THEIR GENERAL STATUS AND CONDITIONS OF SERVICE ARE ESSENTIALLY DIFFERENT FROM THOSE OF MEMBERS OF THE REGULAR COAST GUARD RESERVE. UNDER THE EXPRESS PROVISIONS OF THE SAID COAST GUARD AUXILIARY AND RESERVE ACT OF 1941 (SEE SECTIONS 208, 211, AND 212), THEY ARE SUBJECT TO THE PROVISIONS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 885; THEY MAY BE MEMBERS OF OTHER MILITARY OR NAVAL ORGANIZATION CONCURRENTLY WITH THEIR TEMPORARY MEMBERSHIP IN THE COAST GUARD RESERVE, EXPRESS PROVISION BEING MADE FOR THEIR RELEASE IF CALLED TO ACTIVE DUTY WITH ANOTHER ORGANIZATION, AND THEY ARE NOT ENTITLED TO THE BENEFITS, EXCEPT HOSPITALIZATION, GRANTED MEMBERS OF THE REGULAR RESERVE IN THE EVENT THEY SUFFER SICKNESS, DISEASE, DISABILITY, OR DEATH IN LINE OF DUTY BUT FOR PHYSICAL INJURY IN LINE OF DUTY OR DEATH AS A RESULT OF SUCH INJURY THEY AND THEIR BENEFICIARIES ARE GRANTED THE BENEFITS PRESCRIBED BY LAW FOR CIVIL EMPLOYEES OF THE UNITED STATES WITH JURISDICTION PLACED IN THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WHICH "SHALL PERFORM THE SAME DUTIES WITH REFERENCE THERETO AS IN THE CASE OF CIVIL EMPLOYEES OF THE UNITED STATES.'

UNDER SUCH CIRCUMSTANCES--- AND PARTICULARLY IN VIEW OF THE FACT THAT THE AUTHORITY IN SAID SECTION 207 IS FOR THE COMMANDANT TO ENROLL SUCH TEMPORARY MEMBERS "FOR DUTY" UNDER SUCH CONDITIONS AS HE MAY PRESCRIBE--- THIS OFFICE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT IT WAS LEGISLATIVELY INTENDED THAT CREDIT FOR SERVICE SHOULD BE GIVEN FOR PERIODS WHEN NO DUTY WAS ASSIGNED AND NO SERVICE PERFORMED. THAT IS, THE NON-DUTY STATUS OF SUCH TEMPORARY MEMBERS IS NOT THE EQUIVALENT OF THE INACTIVE SERVICE STATUS OF REGULAR COAST GUARD RESERVISTS. ACCORDINGLY, IN REPLY TO YOUR QUESTION (A), YOU ARE ADVISED THAT AN ENLISTED TEMPORARY MEMBER OF THE COAST GUARD RESERVE ENROLLED FOR THREE MONTHS' PART TIME DUTY WHO PERFORMED BUT TWO DAYS' DUTY EACH WEEK WOULD NOT BE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES THE OTHER FIVE DAYS A WEEK WHEN NO DUTY WAS ASSIGNED OR PERFORMED. THE ANSWER TO QUESTION (A) BEING IN THE NEGATIVE, NO ANSWER IS REQUIRED TO QUESTIONS (B) AND (C).