B-4326, JULY 25, 1939, 19 COMP. GEN. 101

B-4326: Jul 25, 1939

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PAY - LONGEVITY - SERVICE CREDIT COMPUTATION - MIDSHIPMAN RESIGNING UPON GRADUATION AND SUBSEQUENTLY PERFORMING NAVAL RESERVE OFFICER ACTIVE DUTY WITH CIVILIAN CONSERVATION CORPS PRIOR TO COMMISSION IN REGULAR NAVY AN OFFICER IN THE NAVY WHO WAS APPOINTED AN ENSIGN MORE THAN SIX MONTHS AFTER HIS RESIGNATION UPON GRADUATION FROM THE NAVAL ACADEMY. IS ENTITLED TO CREDIT FOR LONGEVITY PAY PURPOSES ONLY FROM DATE OF ACCEPTANCE OF COMMISSION. IS "ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT" WITHIN THE LONGEVITY SERVICE CREDIT PROVISIONS OF SECTION 1 OF THE ACT OF JUNE 10. IS ENTITLED TO CREDIT FOR SERVICES IN THE COMPUTATION OF HIS LONGEVITY PAY. SHOW THAT LIEUTENANT STROZIER WAS APPOINTED A MIDSHIPMAN JUNE 24.

B-4326, JULY 25, 1939, 19 COMP. GEN. 101

PAY - LONGEVITY - SERVICE CREDIT COMPUTATION - MIDSHIPMAN RESIGNING UPON GRADUATION AND SUBSEQUENTLY PERFORMING NAVAL RESERVE OFFICER ACTIVE DUTY WITH CIVILIAN CONSERVATION CORPS PRIOR TO COMMISSION IN REGULAR NAVY AN OFFICER IN THE NAVY WHO WAS APPOINTED AN ENSIGN MORE THAN SIX MONTHS AFTER HIS RESIGNATION UPON GRADUATION FROM THE NAVAL ACADEMY, IS ENTITLED TO CREDIT FOR LONGEVITY PAY PURPOSES ONLY FROM DATE OF ACCEPTANCE OF COMMISSION, AND NOT FROM DATE OF RANK AS STATED IN THE ORDERS. ACTIVE DUTY, OTHER THAN TRAINING, UNDER COMPETENT ORDERS, AS A NAVAL RESERVE OFFICER WITH THE CIVILIAN CONSERVATION CORPS, DURING THE INTERVAL BETWEEN HIS RESIGNATION UPON GRADUATION FROM THE NAVAL ACADEMY AND HIS COMMISSION AS ENSIGN IN THE REGULAR NAVY, IS "ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT" WITHIN THE LONGEVITY SERVICE CREDIT PROVISIONS OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AND MAY BE ADDED TO THE LONGEVITY CREDITS WHICH MAY BE COUNTED UNDER THE COMMISSION IN THE REGULAR NAVY FOR LONGEVITY PAY PURPOSES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JULY 25, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 10, 1939, REQUESTING DECISION ON THE QUESTION PRESENTED BY LT. COMDR. M. BAUM ( S.C.), UNITED STATES NAVY, AS TO THE CORRECT DATE FROM WHICH LT. ( JR. GR.) HENRY H. STROZIER, UNITED STATES NAVY, IS ENTITLED TO CREDIT FOR SERVICES IN THE COMPUTATION OF HIS LONGEVITY PAY.

THE RECORDS AND THE NAVY REGISTER OF JULY 1, 1938, SHOW THAT LIEUTENANT STROZIER WAS APPOINTED A MIDSHIPMAN JUNE 24, 1929, AND RESIGNED UPON GRADUATION JUNE 1, 1933; THAT HE WAS COMMISSIONED AN ENSIGN, UNITED STATES NAVY, FROM AUGUST 29, 1935, WHICH COMMISSION HE ACCEPTED NOVEMBER 1, 1935. SEE ACT OF AUGUST 29, 1935, 49 STAT. 959. HE WAS COMMISSIONED LIEUTENANT (JUNIOR GRADE) OCTOBER 7, 1938, TO DATE FROM AUGUST 29, 1938. IN ADDITION TO THE ABOVE, IT IS NOW SHOWN THAT HE ACCEPTED APPOINTMENT AS ENSIGN IN THE UNITED STATES NAVAL RESERVE ON JANUARY 3, 1034, TO RANK FROM DECEMBER 15, 1933, WHICH COMMISSION WAS VACATED AS OF AUGUST 28, 1935, AND WHILE HOLDING SUCH COMMISSION, PERFORMED ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS FROM JUNE 18 TO JULY 21, 1935. THE QUESTION IS WHETHER LIEUTENANT STROZIER'S ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, UNDER PROPER ORDERS, MAY BE USED IN ESTABLISHING THE DATE ON WHICH HE COMPLETED 3 YEARS' SERVICE FOR LONGEVITY PAY PURPOSES.

SINCE AN OFFICER IN THE NAVY WHO WAS APPOINTED AN ENSIGN MORE THAN 6 MONTHS AFTER DATE OF HIS GRADUATION FROM THE NAVAL ACADEMY IS ENTITLED TO CREDIT FOR LONGEVITY PAY PURPOSES ONLY FROM DATE OF ACCEPTANCE OF APPOINTMENT, LIEUTENANT STROZIER IS ENTITLED TO CREDIT FOR SERVICE IN THE REGULAR NAVY BEGINNING NOVEMBER 1, 1935, THE DATE HE ACCEPTED HIS COMMISSION. 17 COMP. GEN. 377.

PARAGRAPH 11, SECTION 1, OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, PROVIDES:

FOR OFFICERS APPOINTED ON AND AFTER JULY 1, 1922, NO SERVICE SHALL BE COUNTED FOR PURPOSES OF PAY EXCEPT ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT AND COMMISSIONED SERVICE IN THE NATIONAL GUARD WHEN CALLED OUT BY ORDER OF THE PRESIDENT. * * *

THE DUTY WITH THE CIVILIAN CONSERVATION CORPS PERFORMED BY LIEUTENANT STROZIER WAS PURSUANT TO PARAGRAPH 37, S.O. 132, HQ. 2D C.A. JUNE 10, 1935, AS FOLLOWS:

PURSUANT TO AUTHORITY CONTAINED IN LETTER, THE ADJUTANT GENERAL'S OFFICE, AG 324.5 C.C.C. (4-30-35), MISC. M-A, MAY 3, 1935, BY DIRECTION OF THE PRESIDENT, AND TO CARRY OUT THE PROVISIONS OF THE ACT OF MARCH 31, 1933 ( PUBLIC, NO. 5, 73D CONGRESS), EACH OF THE FOLLOWING-NAMED NAVAL RESERVE OFFICERS, IS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY FOR A PERIOD OF SIX MONTHS, BEGINNING JUNE 18, 1935. ON THAT DATE EACH OFFICER WILL PROCEED WITHOUT DELAY TO CAMP DIX, NEW JERSEY, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICE FOR DUTY IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES:

ENSIGN HENRY H. STOZIER, DE-F USNR.

A COMMISSIONED OFFICER IN THE REGULAR NAVY IS ENTITLED TO LONGEVITY CREDIT FOR ACTIVE DUTY UNDER COMPETENT ORDERS, OTHER THAN TRAINING DUTY, PERFORMED AS A COMMISSIONED OFFICER IN THE NAVAL RESERVE FORCE.

DECISION

UNDER THE AUTHORITY GIVEN THE PRESIDENT IN THE ACT OF MARCH 31, 1933, 48 STAT. 22, TO UTILIZE ,SUCH EXISTING DEPARTMENTS OR AGENCIES AS HE MAY DESIGNATE," THE DUTY WHICH LIEUTENANT STROZIER WAS DIRECTED TO PERFORM IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES ESTABLISHED UNDER THE LAST CITED ACT WAS "ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT" WITHIN PARAGRAPH 11 OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627. ACCORDINGLY, LIEUTENANT STROZIER IS ENTITLED TO CREDIT FOR THE ACTIVE DUTY PERFORMED BY HIM AS A COMMISSIONED OFFICER IN THE NAVAL RESERVE IN CONNECTION WITH CIVILIAN CONSERVATION CORPS ACTIVITIES FROM JUNE 18 TO JULY 31, 1935. COUNTING THIS SERVICE, LIEUTENANT STROZIER SEEMS TO HAVE COMPLETED 3 YEAR'S SERVICE ON SEPTEMBER 17, 1938. THE DIFFERENCE OF PAY CREDITED LIEUTENANT STROZIER AND SUSPENDED IN THE AUDIT OF THE DISBURSING ACCOUNT OF LIEUTENANT COMMANDER BAUM WILL BE ADJUSTED ACCORDINGLY.