B-47501, MAY 18, 1945, 24 COMP. GEN. 829

B-47501: May 18, 1945

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IN THE COAST AND GEODETIC SURVEY UNDER "SHIPPING ARTICLES" IS NOT "ENLISTED" SERVICE WITHIN THE MEANING OF SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942. 1945: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3. WAS DISALLOWED FOR THE REASON THAT ONLY COMMISSIONED SERVICE IN THE U.S. WAS INTENDED TO PERMIT THE INCLUSION OF YOUR PRIOR SERVICE IN THE COAST AND GEODETIC SURVEY IN THE COMPUTATION OF LONGEVITY PAY AS A NAVAL RESERVE OFFICER. IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY THE SECTION UNDER WHICH THEY ARE PAID. SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD COMMISSIONS AS OFFICERS 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 COAST AND GEODETIC SURVEY AS AUTHORIZED BY SECTION 2 (B) OF THE ACT OF JANUARY 19.

B-47501, MAY 18, 1945, 24 COMP. GEN. 829

PAY - SERVICE CREDITS - COAST AND GEODETIC SURVEY SERVICE SERVICE AS A SEAMAN, FIREMAN, OILER AND ASSISTANT TO ENGINEER, SECOND CLASS, IN THE COAST AND GEODETIC SURVEY UNDER "SHIPPING ARTICLES" IS NOT "ENLISTED" SERVICE WITHIN THE MEANING OF SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WHICH MAY BE COUNTED BY A NAVAL RESERVE OFFICER FOR PAY PURPOSES.

COMPTROLLER GENERAL WARREN TO LT. CMDR. D. D. GRAY, U.S. NAVAL RESERVE, MAY 18, 1945:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3, 1944, CONCERNING SETTLEMENT OF THIS OFFICE DATED OCTOBER 6, 1944, WHEREIN YOUR CLAIM FOR LONGEVITY PAY BASED ON PRIOR SERVICE AS A SEAMEN, FIREMEN, OILER AND ASSISTANT TO ENGINEER SECOND CLASS, IN THE U.S. COAST AND GEODETIC SURVEY DURING THE PERIOD JUNE 13, 1924 TO MAY 15, 1926, WAS DISALLOWED FOR THE REASON THAT ONLY COMMISSIONED SERVICE IN THE U.S. COAST AND GEODETIC SURVEY MAY BE COUNTED UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF DECEMBER 2, 1942. IN VIEW OF THE PROVISIONS OF ALNAV 200, DATED NOVEMBER 2, 1944, YOU NOW REQUIRE WHETHER SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, AMENDING SECTION 3 OF THE ACT OF DECEMBER 2, 1942, WAS INTENDED TO PERMIT THE INCLUSION OF YOUR PRIOR SERVICE IN THE COAST AND GEODETIC SURVEY IN THE COMPUTATION OF LONGEVITY PAY AS A NAVAL RESERVE OFFICER.

SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, PUBLIC LAW 421, AMENDING SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 3A. IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF PERSONS PAID UNDER THE PROVISIONS OF SECTION 1, 3, 8, OR 9 OF THIS ACT, SUCH PERSONS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY THE SECTION UNDER WHICH THEY ARE PAID, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD COMMISSIONS AS OFFICERS 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 COAST AND GEODETIC SURVEY AS AUTHORIZED BY SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942 (56 STAT. 6). * * *

SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942, 56 STAT. 6, PROVIDES IN PART, AS FOLLOWS:

* * * THAT FOR PURPOSES OF PAY, LONGEVITY PAY, ALLOWANCES, PROMOTION, OR RETIREMENT, WHICH ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR OFFICERS (OF THE COAST AND GEODETIC SURVEY) APPOINTED AFTER JUNE 30, 1922, THERE SHALL BE COUNTED IN ADDITION TO ACTIVE COMMISSIONED SERVICE, SERVICE AS DECK OFFICER AND JUNIOR ENGINEER IN EXCESS OF ONE YEAR.

PRIOR TO THE SAID AMENDMENT OF SEPTEMBER 7, 1944, ONLY SERVICE AS A COMMISSIONED OFFICER OR SERVICE AS A "DECK OFFICER" OR "JUNIOR ENGINEER" IN EXCESS OF ONE YEAR IN THE COAST AND GEODETIC SURVEY WAS AUTHORIZED TO BE CREDITED IN THE COMPUTATION OF THE LONGEVITY PAY OF A NAVAL RESERVE OFFICER. DECISIONS B-35497, NOVEMBER 10, 1943 AND B 33809, JUNE 5, 1943. SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, SUPRA, AUTHORIZED THE CREDITING FOR PAY PURPOSES OF ALL PERIODS DURING WHICH PERSONS PAID UNDER THE PROVISIONS OF SECTIONS 1, 3, 8 OR 9 OF THE PAY READJUSTMENT ACT WERE ,ENLISTED" OR HELD COMMISSION AS OFFICERS OR WARRANT OFFICERS, OR APPOINTMENTS AS WARRANT OFFICERS, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT. THE COAST AND GEODETIC SURVEY IS ONE OF THE SERVICES MENTIONED IN THE TITLE OF THE PAY READJUSTMENT ACT OF 1942, BUT IN VIEW OF THE SPECIFIC ENUMERATION OF THE SERVICES TO BE COUNTED, IT DOES NOT FOLLOW THAT ALL SERVICE IN THE COAST AND GEODETIC SURVEY MAY BE CREDITED IN THE COMPUTATION OF LONGEVITY PAY. THE STATUTE SPECIFICALLY LIMITS THE SERVICE WHICH MAY BE CREDITED IN THE COMPUTATION OF LONGEVITY PAY TO ENLISTED, WARRANT, OR COMMISSIONED SERVICE. THE WORD "ENLISTED" OR "ENLISTMENT" AS USED IN LAWS RELATING TO THE MILITARY AND NAVAL SERVICE HAS A TECHNICAL AND WELL-DEFINED MEANING. AN ENLISTMENT IS NOT ONLY A CONTRACT, BUT IT AFFECTS A CHANGE IN A PERSON'S STATUS; THE PERSON'S RELATIONS TO THE STATE AND PUBLIC ARE CHANGED AND HE ACQUIRES A NEW STATUS WITH CORRELATIVE RIGHTS AND DUTIES, AND ALTHOUGH HE MAY VIOLATE HIS CONTRACT OBLIGATIONS, HIS STATUS AS A MEMBER OF THE MILITARY AND NAVAL SERVICE IS UNCHANGED. SEE MORRISSEY V. PERRY, 34 L.ED. 644, AND UNITED STATES V. GRIMLEY, 34 L.ED. 636, 638. PERSONS EMPLOYED FOR DUTY AS CREWS ON COAST GEODETIC SURVEY VESSELS IN THE CAPACITY OF SEAMEN, OILERS, ETC., ARE REQUIRED TO SIGN "SHIPPING ARTICLES" UNDER WHICH THEY AGREE TO SERVE FOR A PERIOD OF NOT TO EXCEED ONE YEAR, BUT SUCH SERVICE IS NOT "ENLISTED" SERVICE WITHIN THE MEANING OF LAWS APPLICABLE TO THE MILITARY AND NAVAL FORCES. CREWS ON VESSELS OF THE COAST AND GEODETIC SURVEY WHO SIGNED "SHIPPING ARTICLES" DURING THE PERIOD OF YOUR CLAIM WERE NOT SUBJECT TO THE LAWS AND REGULATIONS APPLICABLE TO MILITARY AND NAVAL PERSONNEL; THEIR COMPENSATION WAS FIXED BY THE SECRETARY OF COMMERCE RATHER THAN BY LAWS APPLICABLE TO THE MILITARY AND NAVAL SERVICE; THEY COULD BE DISCHARGED AT THEIR OWN REQUEST AT ANY TIME AS PROVIDED IN THE SHIPPING ARTICLES. THUS, THEIR STATUS WAS NOT ESSENTIALLY DIFFERENT FROM THAT OF CIVILIAN PERSONNEL OF THE COAST AND GEODETIC SURVEY. SEE PARAGRAPH 70, ET SEQ., REGULATIONS COAST AND GEODETIC SURVEY, 1931.

ACCORDINGLY, I HAVE TO ADVISE THAT THE SETTLEMENT OF OCTOBER 6, 1944, WAS CORRECT AND THAT THE ACT OF SEPTEMBER 7, 1944, MAY NOT BE REGARDED AS AUTHORIZING THE CREDITING OF YOUR PRIOR SERVICE IN THE COAST AND GEODETIC SURVEY IN THE COMPUTATION OF LONGEVITY PAY AS A NAVAL RESERVE OFFICER.