B-41875, JUNE 9, 1944, 23 COMP. GEN. 939

B-41875: Jun 9, 1944

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THEIR ACTIVE SERVICE AS MIDSHIPMEN DOES NOT PRECLUDE THE COUNTING AS NAVAL RESERVE ENLISTED SERVICE OF A CONCURRENT PERIOD DURING WHICH THEIR ENLISTED STATUS WAS RETAINED IN ACCORDANCE WITH THE REGULATIONS GOVERNING THE APPOINTMENT OF ENLISTED MEN AS MIDSHIPMEN (TEMPORARY). 1944: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. THE NAVAL RESERVE SHALL BE COMPOSED OF MALE CITIZENS OF THE UNITED STATES AND OF THE INSULAR POSSESSIONS OF THE UNITED STATES WHO HAVE ATTAINED THE AGE OF SEVENTEEN YEARS AND WHO. WERE APPROVED BY THE SECRETARY OF THE NAVY. ARE AS FOLLOWS: EFFECTIVE IMMEDIATELY. ENLISTED MEN OF THE NAVAL RESERVE WHO QUALIFY FOR APPOINTMENT AS RESERVE MIDSHIPMEN WILL BE APPOINTED MIDSHIPMEN ( TEMPORARY) IN THE NAVAL RESERVE.

B-41875, JUNE 9, 1944, 23 COMP. GEN. 939

PAY - LONGEVITY - SERVICE CREDITS - CONCURRENT ENLISTED SERVICE OF NAVAL RESERVE MIDSHIPMEN (TEMPORARY) WHILE UNDER SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, NAVAL RESERVE OFFICERS MAY NOT COUNT PRIOR SERVICE AS MIDSHIPMEN (TEMPORARY) OF THE NAVAL RESERVE FOR LONGEVITY PAY PURPOSES, THEIR ACTIVE SERVICE AS MIDSHIPMEN DOES NOT PRECLUDE THE COUNTING AS NAVAL RESERVE ENLISTED SERVICE OF A CONCURRENT PERIOD DURING WHICH THEIR ENLISTED STATUS WAS RETAINED IN ACCORDANCE WITH THE REGULATIONS GOVERNING THE APPOINTMENT OF ENLISTED MEN AS MIDSHIPMEN (TEMPORARY).

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 9, 1944:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1944 (1JAG:II:WJG:Z L16 4/00) WITH ENCLOSURES, RELATIVE TO THE RIGHT OF OFFICERS OF THE U.S. NAVAL RESERVE TO COUNT FOR LONGEVITY PAY PURPOSES PERIODS DURING WHICH THEY HELD A DUAL STATUS AS ENLISTED MEN AND AS MIDSHIPMEN (TEMPORARY) IN THE SAID RESERVE.

THE NAVAL RESERVE ACT OF 1938, APPROVED JUNE 25, 1938, 52 STAT. 1176, 1177, 1182, PROVIDES IN PERTINENT PART AS FOLLOWS:

SEC. 4. THE NAVAL RESERVE SHALL BE COMPOSED OF MALE CITIZENS OF THE UNITED STATES AND OF THE INSULAR POSSESSIONS OF THE UNITED STATES WHO HAVE ATTAINED THE AGE OF SEVENTEEN YEARS AND WHO, BY APPOINTMENT OR ENLISTMENT THEREIN UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY OR BY TRANSFER THERETO AS IN THIS ACT PROVIDED, OBLIGATE THEMSELVES TO SERVE IN THE NAVY IN TIME OF WAR OR WHEN IN THE OPINION OF THE PRESIDENT A NATIONAL EMERGENCY EXISTS: * * * PROVIDED FURTHER, THAT NO OFFICER OR MAN OF THE NAVAL RESERVE SHALL BE A MEMBER OF ANY OTHER NAVAL OR MILITARY ORGANIZATION EXCEPT THE NAVAL MILITIA * * *.

SEC. 5. ANY MEMBER OF THE NAVAL RESERVE * * * MAY BE ORDERED TO ACTIVE DUTY BY THE SECRETARY OF THE NAVY IN TIME OF WAR OR WHEN IN THE OPINION OF THE PRESIDENT A NATIONAL EMERGENCY EXISTS AND MAY BE REQUIRED TO PERFORM ACTIVE DUTY THROUGHOUT THE WAR OR UNTIL THE NATIONAL EMERGENCY CEASES TO EXIST * * *.

SEC. 9. THE SECRETARY OF THE NAVY SHALL PRESCRIBE ALL NECESSARY AND PROPER REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT, FOR THE RECRUITING, ORGANIZATION, GOVERNMENT, ADMINISTRATION, TRAINING, INSPECTION, AND MOBILIZATION OF THE NAVAL RESERVE * * *.

SEC. 305. * * * WARRANT OFFICERS, AVIATION AND MERCHANT MARINE CADETS, AND MIDSHIPMEN SHALL BE APPOINTED TO SERVE DURING THE PLEASURE OF THE SECRETARY OF THE NAVY. * * *

REGULATIONS AUTHORIZING THE APPOINTMENT OF ENLISTED MEN OF NAVAL RESERVE AS MIDSHIPMEN (TEMPORARY) IN THE NAVAL RESERVE, WERE APPROVED BY THE SECRETARY OF THE NAVY, APRIL 13, 1943, AND ARE AS FOLLOWS:

EFFECTIVE IMMEDIATELY, ENLISTED MEN OF THE NAVAL RESERVE WHO QUALIFY FOR APPOINTMENT AS RESERVE MIDSHIPMEN WILL BE APPOINTED MIDSHIPMEN ( TEMPORARY) IN THE NAVAL RESERVE. AN APPOINTMENT AS MIDSHIPMAN ( TEMPORARY) WILL NOT TERMINATE THE ENLISTED STATUS OF THE MAN SO APPOINTED. AN APPOINTMENT AS MIDSHIPMAN ( TEMPORARY) MAY BE REVOKED AT ANY TIME BY DIRECTION OF THE SECRETARY OF THE NAVY. WHEN SO REVOKED, THE INDIVIDUAL CONCERNED WILL REVERT TO HIS ENLISTED STATUS.

SECTION 3A OF THE PAY ADJUSTMENT ACT OF 1942, AS ADDED BY THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, PROVIDES:

DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND FOR SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR, IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF OFFICERS PAID UNDER THE PROVISIONS OF SECTION 1 OR 3 OF THIS ACT, SUCH OFFICERS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY SUCH SECTIONS, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS AS WARRANT OFFICERS OR ARMY FIELD CLERKS OR AS COMMISSIONED WARRANT OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE REGULAR ARMY RESERVE, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL GUARD OF THE UNITED STATES, OR IN THE ENLISTED 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, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY COMMISSIONED OFFICER TO RECEIVE PAY AND ALLOWANCES IN EXCESS OF THE MAXIMUM LIMITATIONS IMPOSED UPON THE TOTAL PAY AND ALLOWANCES OF ANY RANK OR GRADE BY ANY OF THE PROVISIONS OF THIS ACT.

THE ACT OF MARCH 4, 1913, 37 STAT. 891, PROVIDES THAT THEREAFTER THE SERVICES OF A MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY WHO MAY AFTER THAT DATE BE APPOINTED TO THE UNITED STATES NAVAL ACADEMY SHALL NOT BE COUNTED IN COMPUTING FOR ANY PURPOSE THE LENGTH OF SERVICE OF ANY OFFICER IN THE NAVY. THAT PROVISION, OF COURSE, HAS REFERENCE TO REGULAR APPOINTMENTS OF MIDSHIPMEN LEADING TO APPOINTMENT IN THE REGULAR NAVY, AND SUCH APPOINTED MIDSHIPMEN NATURALLY HAVE NO OTHER STATUS. WHILE SECTION 3A, SUPRA, DOES NOT AUTHORIZE CREDITING SERVICE AS MIDSHIPMEN FOR THE PURPOSE OF COMPUTING LONGEVITY PAY OF OFFICERS, IT SPECIFICALLY PROVIDES THAT OFFICERS PAID UNDER THE PROVISIONS OF SECTION 1 OR 3 OF THE PAY READJUSTMENT ACT, 56 STAT. 359, 360, SHALL BE CREDITED WITH FULL TIME DURING WHICH "THEY WERE ENLISTED * * * IN THE * * * NAVAL RESERVE.' THE REGULATIONS APPROVED APRIL 23, 1943, EXPRESSLY PROVIDE THAT THE APPOINTMENT OF AN ENLISTED MAN IN THE NAVAL RESERVE AS MIDSHIPMAN (TEMPORARY) IN THE NAVAL RESERVE WILL NOT TERMINATE THE ENLISTED STATUS OF THE MAN SO APPOINTED AND THAT, UPON REVOCATION OF THE APPOINTMENT, THE INDIVIDUAL CONCERNED WILL REVERT TO HIS ENLISTED STATUS. UPON ENLISTMENT IN THE NAVAL RESERVE SUCH PERSON MAY, UNDER SECTION 5 OF THE NAVAL RESERVE ACT, BE REQUIRED TO PERFORM ACTIVE DUTY THROUGHOUT THE WAR AND UNTIL SO DISCHARGED FROM SUCH OBLIGATION HE REMAINS AN ENLISTED MAN OF THE NAVAL RESERVE. DURING THE PERIOD OF ACTIVE SERVICE AS A MIDSHIPMAN HIS STATUS MAY BE VIEWED AS ANALOGOUS TO THAT OF AN ENLISTED MAN ON INACTIVE DUTY SUBJECT TO SERVE ON ACTIVE DUTY IN THAT CAPACITY UPON REVOCATION OF APPOINTMENT AS MIDSHIPMAN (TEMPORARY). SEE DECISION OF APRIL 1, 1943, B- 32883, TO THE SECRETARY OF THE NAVY, INVOLVING THE RIGHT OF AN OFFICER OF THE COAST GUARD TO COUNT FOR PAY PURPOSES THE PERIOD DURING WHICH HE HELD A COMMISSION IN THE OFFICERS RESERVE WHILE A CADET AT THE COAST GUARD ACADEMY.

UPON THE ASSUMPTION THAT THE ENLISTED STATUS OF MIDSHIPMEN (TEMPORARY) OF THE NAVAL RESERVE REMAINS UNAFFECTED, INSOFAR AS THE OBLIGATION TO SERVE AS AN ENLISTED MAN IN THE NAVAL RESERVE IS CONCERNED, UP TO THE TIME OF THEIR APPOINTMENT AS OFFICERS IN THE NAVAL RESERVE, THE INTERMEDIATE SERVICE AS SUCH MIDSHIPMEN (TEMPORARY) DOES NOT PRECLUDE THE CREDITING OF THE TIME THAT SUCH ENLISTED STATUS CONTINUES. ACCORDINGLY, UPON APPOINTMENT AS OFFICERS IN THE NAVAL RESERVE, THE PERIOD DURING WHICH THEY HELD A STATUS AS ENLISTED MEN IN THE NAVAL RESERVE MAY BE CREDITED FOR PAY PURPOSES UNDER SECTION 3A, SUPRA, NOTWITHSTANDING THAT DURING PART OF SUCH PERIOD THEY MAY HAVE PERFORMED SERVICE IN THE CAPACITY OF A MIDSHIPMAN (TEMPORARY) IN THE NAVAL RESERVE.