B-52716, MAY 1, 1946, 25 COMP. GEN. 737

B-52716: May 1, 1946

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WAS REAPPOINTED AND PLACED ON THE RETIRED LIST WITH CREDIT FOR ALL SERVICE TO WHICH HE WAS ENTITLED ON THE DATE HE RESIGNED HIS COMMISSION MAY NOT COUNT SERVICE PERFORMED AS A MEMBER OF A STATE NAVAL MILITIA SUBSEQUENT TO HIS RETIREMENT BUT PRIOR TO HIS RECALL TO ACTIVE DUTY AFTER RETIREMENT. FIXING THE SERVICE TO BE CREDITED A FORMER REGULAR NAVY OFFICER UPON HIS REAPPOINTMENT AND RETIREMENT AS THE SERVICE TO WHICH HE WAS ENTITLED ON THE DATE HE RESIGNED. A FORMER REGULAR NAVY OFFICER WHO WAS REAPPOINTED AND PLACED UPON THE RETIRED LIST PURSUANT TO A PRIVATE LAW. IS ENTITLED UNDER THE RETIREMENT PAY PROVISIONS OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942. A FORMER REGULAR NAVY OFFICER WHO WAS REAPPOINTED AND PLACED ON THE RETIRED LIST PURSUANT TO A PRIVATE ACT.

B-52716, MAY 1, 1946, 25 COMP. GEN. 737

PAY - RETIRED - LONGEVITY CREDITS - EFFECT OF RETIREMENT PURSUANT TO PRIVATE ACT IN THE COMPUTATION OF RETIRED PAY, UPON RELEASE FROM ACTIVE DUTY, UNDER THE PROVISIONS OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AUTHORIZING THE COUNTING OF ALL ACTIVE" DUTY PERFORMED SINCE RETIREMENT, A FORMER REGULAR NAVY OFFICER WHO, PURSUANT TO A PRIVATE LAW, WAS REAPPOINTED AND PLACED ON THE RETIRED LIST WITH CREDIT FOR ALL SERVICE TO WHICH HE WAS ENTITLED ON THE DATE HE RESIGNED HIS COMMISSION MAY NOT COUNT SERVICE PERFORMED AS A MEMBER OF A STATE NAVAL MILITIA SUBSEQUENT TO HIS RETIREMENT BUT PRIOR TO HIS RECALL TO ACTIVE DUTY AFTER RETIREMENT. THE PROVISIONS OF PRIVATE ACT NO. 122, MAY 14, 1928, FIXING THE SERVICE TO BE CREDITED A FORMER REGULAR NAVY OFFICER UPON HIS REAPPOINTMENT AND RETIREMENT AS THE SERVICE TO WHICH HE WAS ENTITLED ON THE DATE HE RESIGNED, PRECLUDE THE OFFICER FROM BEING CREDITED, FOR RETIRED PAY PURPOSES UNDER SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, UPON HIS RELEASE FROM ACTIVE DUTY PERFORMED AFTER RETIREMENT, WITH SERVICE EITHER ACTIVE OR INACTIVE, IN FEDERAL OR STATE ORGANIZATIONS BETWEEN THE DATE OF HIS RESIGNATION AND THE DATE OF SUCH REAPPOINTMENT AND RETIREMENT, REGARDLESS OF WHETHER SUCH SERVICE OTHERWISE MIGHT NOW BE COUNTED UNDER SAID SECTION 15. A FORMER REGULAR NAVY OFFICER WHO WAS REAPPOINTED AND PLACED UPON THE RETIRED LIST PURSUANT TO A PRIVATE LAW, RATHER THAN UNDER GENERAL RETIREMENT LAWS, HAVING THE SAME GENERAL STATUS THEREAFTER AS OTHER OFFICERS ON THE RETIRED LIST, IS ENTITLED UNDER THE RETIREMENT PAY PROVISIONS OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED TO BE CREDITED WITH ACTIVE COMMISSIONED SERVICE PERFORMED SUBSEQUENT TO RETIREMENT IN COMPUTING HIS RETIRED PAY UPON RELEASE FROM ACTIVE DUTY, IN THE SAME MANNER AS OFFICERS RETIRED UNDER GENERAL RETIREMENT LAWS. A FORMER REGULAR NAVY OFFICER WHO WAS REAPPOINTED AND PLACED ON THE RETIRED LIST PURSUANT TO A PRIVATE ACT, RATHER THAN UNDER THE GENERAL RETIREMENT LAWS, IS ENTITLED, UPON RELEASE FROM ACTIVE DUTY, AFTER SERVING IN A HIGHER GRADE UNDER A TEMPORARY WARTIME APPOINTMENT, TO RETIRED PAY COMPUTED ON THE HIGHEST GRADE IN WHICH HE SERVED SATISFACTORILY UNDER SUCH A TEMPORARY APPOINTMENT AS DETERMINED BY THE SECRETARY OF THE NAVY UNDER THE AUTHORITY OF SECTION 8 OF THE ACT OF FEBRUARY 21, 1946.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 1, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 26, 1945 (FILE JAG:II:WJG:Z/L16-4 (21) (, WITH ENCLOSURE FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, REQUESTING DECISION ON TWO QUESTIONS AS FOLLOWS:

(A) WHETHER LIEUTENANT COMMANDER BYRON B. RALSTON, U.S. NAVY, RETIRED, IS ENTITLED TO COUNT FOR PAY PURPOSES SERVICE IN THE NAVAL MILITIA OF NEW YORK FROM NOVEMBER 8, 1927, DATE OF TRANSFER TO THE HONORARY RETIRED LIST OF THE U.S. NAVAL RESERVE, TO SEPTEMBER 29, 1940, DATE PRECEDING DATE OF REPORTING FOR ACTIVE DUTY. IT SHOULD BE NOTED THAT SUCH SERVICE RUNS CONCURRENTLY WITH SERVICE WHICH WILL BE EXCLUDED FROM SERVICE CREDITABLE FOR THE PURPOSE OF COMPUTING RETIRED PAY.

(B) WHETHER LIEUTENANT COMMANDER RALSTON IS ENTITLED UNDER THE PROVISIONS OF SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942 (56 STAT. 367), AS AMENDED (37 U.S.C. 115, SUPP. IV), TO COUNT FOR RETIRED PAY PURPOSES ACTIVE COMMISSIONED SERVICE PERFORMED SUBSEQUENT TO RETIREMENT FROM SEPTEMBER 30, 1940, TO THE EFFECTIVE DATE OF HIS RELEASE FROM ACTIVE DUTY.

THE ENCLOSURE FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS READS AS FOLLOWS:

REF: (A)PRIVATE ACT NO. 122 APPROVED MAY 14, 1928 (45 STAT. 1830).

(B) SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED.

(C) SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942.

1. THE SUBJECT NAMED OFFICER WAS APPOINTED A MIDSHIPMAN ON 7 MAY 1910, ON 14 JULY 1914 ACCEPTED APPOINTMENT AS ENSIGN TO RANK FROM 6 JUNE 1914, AND WHILE HOLDING RANK OF LIEUTENANT COMMANDER RESIGNED FROM THE NAVAL SERVICE EFFECTIVE 15 APRIL 1927. SUBSEQUENT TO RESIGNATION THIS OFFICER ACCEPTED APPOINTMENT ON 7 MAY 1927, AND EXECUTED OATH OF OFFICE FROM 23 DECEMBER 1924, DATE OF PRECEDENCE IN THAT RANK IN THE REGULAR NAVY. LIEUTENANT COMMANDER RALSTON WAS PLACED ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE ON 8 NOVEMBER 1927 FOR PHYSICAL DISABILITY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18 OF THE NAVAL RESERVE ACT APPROVED FEBRUARY 28, 1925. IN CONFORMITY WITH THE AUTHORITY CONTAINED IN REFERENCE (A) WHICH IS QUOTED BELOW, THIS OFFICER ON 30 JULY 1928, ACCEPTED APPOINTMENT AS LIEUTENANT COMMANDER ON THE RETIRED LIST OF THE REGULAR NAVY:

"THAT THE PRESIDENT IS AUTHORIZED TO APPOINT BYRON BROWN RALSTON, FORMERLY LIEUTENANT COMMANDER IN THE UNITED STATES NAVY, A LIEUTENANT COMMANDER IN THE UNITED STATES NAVY AND PLACE HIM UPON THE RETIRED LIST OF THE NAVY WITH THE RETIRED PAY AND ALLOWANCES OF THAT GRADE WITH CREDIT FOR ANY PURPOSES FOR ALL SERVICE TO WHICH HE WAS ENTITLED ON APRIL 15, 1927:PROVIDED, THAT A DULY CONSTITUTED NAVAL RETIRING BOARD FINDS THAT THE SAID BYRON BROWN RALSTON INCURRED PHYSICAL DISABILITY INCIDENT TO THE SERVICE WHILE ON THE ACTIVE LIST OF THE NAVY. PROVIDED FURTHER, THAT NO BACK PAY, ALLOWANCE, OR EMOLUMENTS SHALL BECOME DUE AS A RESULT OF THE PASSAGE OF THIS ACT.'

2. AS OF 15 APRIL 1927, LIEUTENANT COMMANDER RALSTON HAD TOTAL SERVICE OF 16 YEARS, 11 MONTHS AND 8 DAYS CREDITABLE FOR PAY PURPOSES UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1922. INACTIVE COMMISSIONED SERVICE IN THE NAVAL RESERVE FROM 7 MAY TO 7 NOVEMBER 1927, AND COMMISSIONED SERVICE ON THE HONORABLY RETIRED LIST FROM 8 NOVEMBER 1927 TO 29 JULY 1928, INCLUSIVE, WAS NOT CREDITABLE FOR PAY PURPOSES. THE ADJUTANT GENERAL OF THE STATE OF NEW YORK, ON 16 DECEMBER 1942, REPORTED THAT ACCORDING TO HIS RECORDS, BYRON B. RALSTON PERFORMED THE FOLLOWING SERVICE IN THE ORGANIZED AND UNIFORMED MILITIA OF THAT STATE:

" LIEUTENANT COMMANDER, RESERVE LIST, AUGUST 22, 1927; DETAILED TO ACTIVE DUTY WITH HEADQUARTERS, N.Y. NAVAL MILITIA FROM AUGUST 22, 1927, TO SEPTEMBER 23, 1927; LIEUTENANT COMMANDER, HQ. N.M., ( GNRY. OFF.) SEPTEMBER 24, 1927, RANK FROM AUGUST 22, 1927; HONORABLY DISCHARGED, SEPTEMBER 4, 1940; LIEUTENANT COMMANDER, LINE DUTIES, RESERVE LIST, SEPTEMBER 12, 0.'

PURSUANT TO DIRECTIVE CONTAINED IN BUREAU OF NAVAL PERSONNEL ORDERS OF 27 AUGUST 1940 THE SUBJECT NAMED OFFICER COMMENCED TRAVEL FROM HIS HOME ON 30 SEPTEMBER 1940 AND REPORTED TO COMMANDING OFFICER, NAVAL TRAINING STATION, NAVAL OPERATING BASE, NORFOLK, VIRGINIA, FOR ACTIVE DUTY ON 1 OCTOBER 1940. HE HAS BEEN ON CONTINUOUS ACTIVE DUTY SINCE THAT DATE AND WILL BE RELEASED FROM ACTIVE DUTY UPON EXPIRATION OF TERMINAL LEAVE IN ACCORDANCE WITH BUREAU OF NAVAL PERSONNEL ORDERS OF 28 JULY 1945.

3. IN ACCORDANCE WITH REFERENCES (A) AND (B), LIEUTENANT COMMANDER RALSTON WAS ENTITLED, WHILE ON ACTIVE DUTY, TO COUNT FOR PAY PURPOSES IN ADDITION TO THE SERVICE TO HIS CREDIT ON 15 APRIL 1927, ALL PERIODS DURING WHICH HE HELD A COMMISSION IN THE NAVAL RESERVE, INCLUDING PERIOD ON THE HONORARY RETIRED LIST, AND ALL PERIODS DURING WHICH HE HELD A COMMISSION ON THE RETIRED LIST OF THE REGULAR NAVY. CONSEQUENTLY, SINCE 1 JUNE 1942 HE HAS HAD OVER 30 YEARS SERVICE CREDITABLE FOR PAY PURPOSES, EXCLUSIVE OF SERVICE IN THE NEW YORK MILITIA REFERRED TO IN THE PRECEDING PARAGRAPH. SERVICE ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE, AND INACTIVE SERVICE ON THE RETIRED LIST OF THE REGULAR NAVY FROM 7 MAY 1927 TO 29 SEPTEMBER 1940, MAY NOT BE COUNTED FOR PAY PURPOSES IN COMPUTING THE RETIRED PAY TO WHICH THIS OFFICER IS ENTITLED AFTER RELEASE FROM ACTIVE DUTY.

4. IT IS RECOMMENDED THAT NECESSARY ACTION BE TAKEN TO SECURE A DETERMINATION ON THE FOLLOWING QUESTIONS (THE QUESTIONS QUOTED FROM YOUR LETTER, SUPRA) WHICH ARISE IN CONNECTION WITH THE RETIRED PAY TO WHICH LIEUTENANT COMMANDER RALSTON WILL BE ENTITLED AFTER RELEASE FROM ACTIVE DUTY IN VIEW OF THE FACT THAT HE WAS PLACED ON THE RETIRED LIST BY PRIVATE LEGISLATION AND NOT BY A GENERAL STATUTORY PROVISION:

THUS IT APPEARS THAT AT THE TIME OF LIEUTENANT COMMANDER RALSTON'S RESIGNATION FROM THE REGULAR NAVY ON APRIL 15, 1927, HE HAD COMPLETED 16 YEARS, 11 MONTHS, AND 8 DAYS' SERVICE CREDITABLE FOR PAY PURPOSES, INCLUDING OVER 4 YEARS' SERVICE AS A MIDSHIPMAN AT THE NAVAL ACADEMY; THAT IN MAY 1927 HE ACCEPTED AN APPOINTMENT AS LIEUTENANT COMMANDER IN THE NAVAL RESERVE AND ON NOVEMBER 8, 1927, HE WAS PLACED ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE FOR PHYSICAL DISABILITY, WITHOUT PAY, PURSUANT TO SECTION 18 OF THE NAVAL RESERVE ACT OF 1925, 43 STAT. 1085; THAT ON JULY 30, 1928, HE WAS REAPPOINTED A LIEUTENANT COMMANDER IN THE REGULAR NAVY AND WAS PLACED ON THE RETIRED LIST OF THE NAVY PURSUANT TO PRIVATE ACT NO. 122, APPROVED MAY 14, 1928, 45 STAT. 1830, SUPRA, FOR INCAPACITY AS THE RESULT OF AN INCIDENT OF THE SERVICE, WITH 75 PERCENT OF THE ACTIVE DUTY PAY OF A LIEUTENANT COMMANDER WITH OVER 15 AND LESS THAN 18 YEARS' SERVICE. THE ADJUTANT GENERAL OF NEW YORK REPORTS THAT RALSTON WAS APPOINTED A LIEUTENANT COMMANDER, RESERVE LIST, NEW YORK NAVAL MILITIA, ON AUGUST 22, 1927, HONORABLY DISCHARGED SEPTEMBER 4, 1940, AND APPOINTED LIEUTENANT COMMANDER, LINE DUTIES, RESERVE LIST, ON SEPTEMBER 12, 1940. IT APPEARS FURTHER THAT THE OFFICER WAS ORDERED TO ACTIVE DUTY WITH THE NAVY BEGINNING SEPTEMBER 30, 1940; THAT ON AUGUST 27, 1943, HE ACCEPTED AN APPOINTMENT AS A TEMPORARY COMMANDER PURSUANT TO THE ACT OF JULY 24, 1941, 55 STAT. 603 ( REGISTER OF COMMISSIONED AND WARRANT OFFICERS OF THE UNITED STATES NAVY AND MARINE CORPS, JULY 1, 1945, PAGE 525), AND THAT PURSUANT TO ORDERS DATED JULY 28, 1945, WAS RELEASED FROM ACTIVE DUTY UPON EXPIRATION OF TERMINAL LEAVE.

SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, AS AMENDED, PROVIDES IN PERTINENT PART AS FOLLOWS:

ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, RETIRED OFFICERS, WARRANT OFFICERS, NURSES, ENLISTED MEN, AND MEMBERS OF THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE SHALL HAVE THEIR RETIRED PAY, RETAINER PAY, OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT, WHICH PAY SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT OR TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE IN THE COMPUTATION OF THEIR LONGEVITY PAY AND PAY PERIODS * * *.

IT WILL BE NOTED THAT THE SAID SECTION 15 EXPRESSLY PROVIDES THAT RETIRED PAY AS AUTHORIZED THEREIN SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT. IT DOES NOT APPEAR THAT LIEUTENANT COMMANDER RALSTON SERVED ON ACTIVE DUTY AS A RETIRED OFFICER OF THE NAVY DURING THE PERIOD AFTER HIS RETIREMENT ON JULY 30, 1928, AND PRIOR TO SEPTEMBER 30, 1940, AND THERE IS PERCEIVED NO LEGAL BASIS ON WHICH IT MAY BE CONSIDERED THAT HIS SERVICE AS A MEMBER OF THE NAVAL MILITIA OF NEW YORK DURING THAT PERIOD WOULD ENTER INTO THE COMPUTATION OF HIS RETIRED PAY UPON RELEASE TO INACTIVE DUTY STATUS. SEE DECISION OF SEPTEMBER 20, 1943, B-36295. RESPECTING SUCH NAVAL MILITIA SERVICE OR SERVICE IN OTHER ORGANIZATIONS DURING THE INTERIM BETWEEN HIS RESIGNATION FROM THE REGULAR NAVY ON APRIL 15, 1927, AND HIS REAPPOINTMENT AND RETIREMENT ON JULY 30, 1928, WHICH OTHERWISE MIGHT NOW BE COUNTED IN COMPUTING THE OFFICER'S RETIRED PAY ON THE BASIS OF PAY PROVIDED IN THE PAY READJUSTMENT ACT OF 1942, AS AUTHORIZED IN SECTION 15, SUPRA, SINCE THE PRIVATE ACT OF MAY 14, 1928, SPECIFICALLY FIXED THE SERVICE TO BE CREDITED UPON REAPPOINTMENT AS THE SERVICE TO WHICH HE WAS ENTITLED ON APRIL 15, 1927, WHICH, IN EFFECT, GAVE HIM CREDIT FOR FOUR YEARS OF ACADEMY SERVICE WHICH HE OTHERWISE WOULD NOT HAVE RECEIVED UPON REAPPOINTMENT, SUCH SPECIFIC PROVISION MUST BE REGARDED AS FIXING, AS AGAINST SUBSEQUENT GENERAL LEGISLATION, THE SERVICE WHICH MAY BE CREDITED PRIOR TO SUCH REAPPOINTMENT. SEE 19 COMP. GEN. 492, AND CASES CITED THEREIN. THAT IS TO SAY, HE MAY NOT RETAIN THE BENEFIT OF THE PRIVATE ACT IN THAT RESPECT AND AT THE SAME TIME TREAT THE PRIVATE ACT AS NUGATORY IN FIXING THE SERVICE TO BE CREDITED AS OF THE DATE OF HIS REAPPOINTMENT THEREUNDER. IT FOLLOWS THAT HE MAY NOT BE CREDITED FOR PAY PURPOSES WITH SERVICE IN OTHER ORGANIZATIONS BETWEEN APRIL 15, 1927 AND JULY 30, 1928, WHEN HE WAS REAPPOINTED IN THE NAVY AND PLACED ON THE RETIRED LIST AND SINCE HE HAD NO ACTIVE DUTY AS A RETIRED OFFICER DURING THE PERIOD FROM JULY 30, 1928, TO SEPTEMBER 29, 1940, YOUR QUESTION (A/--- WHICH IS UNDERSTOOD AS RELATING ONLY TO COMPUTATION OF RETIRED PAY--- IS ANSWERED IN THE NEGATIVE.

HOWEVER, THE FACT THAT THE OFFICER WAS PLACED ON THE RETIRED LIST OF THE NAVY PURSUANT TO THE PROVISIONS OF A PRIVATE ACT, RATHER THAN UNDER GENERAL RETIREMENT LAWS, WOULD NOT APPEAR TO AFFECT HIS RIGHT UNDER SECTION 15 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, TO BE CREDITED WITH ACTIVE DUTY PERFORMED AFTER RETIREMENT FOR THE PURPOSE OF INCREASING HIS RETIRED PAY. THE PRIVATE ACT OF MAY 14, 1928, AUTHORIZED THE PRESIDENT TO APPOINT RALSTON A LIEUTENANT COMMANDER IN THE NAVY AND PLACE HIM UPON THE RETIRED LIST OF THE NAVY WITH CREDIT FOR ANY PURPOSE OF ALL SERVICE TO WHICH HE WAS ENTITLED ON APRIL 15, 1927, PROVIDED THAT A NAVAL RETIRING BOARD SHOULD FIND THAT HE INCURRED PHYSICAL DISABILITY INCIDENT TO THE SERVICE WHILE ON ACTIVE DUTY. A NAVAL RETIRING BOARD HAVING FOUND THAT THE OFFICER INCURRED PHYSICAL DISABILITY INCIDENT TO THE SERVICE HE WAS PLACED ON THE RETIRED LIST OF THE NAVY WITH THE SAME GENERAL STATUS THEREAFTER AS OTHER OFFICERS ON SUCH RETIRED LIST. UNDER SUCH CIRCUMSTANCES, THE OFFICER IS ENTITLED UNDER SECTION 15 OF THE PAY READJUSTMENT ACT TO BE CREDITED WITH ACTIVE COMMISSIONED SERVICE PERFORMED SUBSEQUENT TO RETIREMENT IN COMPUTING HIS RETIRED PAY UPON RELEASE FROM ACTIVE DUTY IN THE SAME MANNER AS OFFICERS RETIRED UNDER GENERAL RETIREMENT LAWS. ACCORDINGLY, QUESTION (B) IS ANSWERED IN THE AFFIRMATIVE.

IN SUCH CONNECTION, IT MAY BE NOTED THAT SECTION 8 OF PUBLIC LAW 305, APPROVED FEBRUARY 21, 1946, 60 STAT. 28, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 8. (A) SECTION 10 OF THE ACT APPROVED JULY 24, 1941 (55 STAT. 605), IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 10. (A) PERSONNEL APPOINTED OR ADVANCED UNDER THE AUTHORITY OF THIS ACT MAY BE CONTINUED IN THEIR TEMPORARY STATUS DURING SUCH PERIOD AS THE PRESIDENT MAY DETERMINE, BUT NOT LONGER THAN SIX MONTHS AFTER THE TERMINATION OF WAR OR NATIONAL EMERGENCY, OR, IN THE CASE OF RESERVE AND RETIRED PERSONNEL, NOT LONGER THAN THE PERIOD HEREIN SPECIFIED OR THE DATE OF RELEASE FROM ACTIVE DUTY WHICHEVER IS THE EARLIER AND IN NO CASE LONGER THAN SIX MONTHS AFTER THE TERMINATION OF WAR OR NATIONAL EMERGENCY. UPON THE TERMINATION OF THEIR TEMPORARY STATUS SUCH PERSONNEL ON THE ACTIVE LIST OF THE REGULAR NAVY AND MARINE CORPS SHALL ASSUME THEIR PERMANENT STATUS AND THOSE OF THE RETIRED LIST AND OF THE RESPECTIVE RESERVE COMPONENTS, INCLUDING THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE, SHALL HAVE, WHEN RETURNED TO AN INACTIVE STATUS, THE HIGHEST GRADE AND RANK IN WHICH, AS DETERMINED BY THE SECRETARY OF THE NAVY, THEY SERVED SATISFACTORILY UNDER A TEMPORARY APPOINTMENT, UNLESS ENTITLED TO THE SAME OR HIGHER GRADE AND RANK PURSUANT TO SECTION 8 OF THIS ACT, AS NOW OR HEREAFTER AMENDED. "/B) (1) PERSONNEL OF THE RETIRED LIST RETURNED TO AN INACTIVE STATUS WITH HIGHER RANK PURSUANT TO SUBSECTION (A) SHALL RECEIVE RETIRED PAY COMPUTED AT THE RATE PRESCRIBED BY LAW AND APPLICABLE IN EACH INDIVIDUAL CASE BUT BASED UPON SUCH HIGHER RANK.

"/C) PERSONNEL OF THE CLASSES DESCRIBED ABOVE WHO HAVE BEEN RETIRED OR RELEASED FROM ACTIVE DUTY PRIOR TO THE DATE OF THIS AMENDMENT SHALL BE ENTITLED TO THE BENEFITS OF THIS SECTION FROM THE DATE OF RETIREMENT OR RELEASE FROM ACTIVE DUTY, AS THE CASE MAY BE.'

IN VIEW OF THE PROVISIONS OF THE SAID SECTION 8, THAT UPON TERMINATION OF THE TEMPORARY STATUS PERSONNEL ON THE RETIRED LIST SHALL HAVE, WHEN RETURNED TO AN INACTIVE STATUS, THE HIGHEST GRADE AND RANK IN WHICH, AS DETERMINED BY THE SECRETARY OF THE NAVY, THEY SERVED SATISFACTORILY UNDER A TEMPORARY APPOINTMENT AND SHALL RECEIVE RETIRED PAY COMPUTED AT THE RATE PRESCRIBED BY LAW AND APPLICABLE IN EACH INDIVIDUAL CASE BASED UPON SUCH HIGHER GRADE, AND AS IT APPEARS THAT RALSTON WAS APPOINTED A TEMPORARY COMMANDER UNDER THE ACT OF JULY 24, 1941, IT MAY BE POINTED OUT THAT UNDER THE PRINCIPLES APPLIED IN THE ANSWER TO YOUR QUESTION (B) THE OFFICER WOULD BE ENTITLED, WHEN RETURNED TO AN INACTIVE STATUS, TO RECEIVE THE RETIRED PAY AUTHORIZED FOR A COMMANDER WITH HIS LENGTH OF SERVICE, AS DETERMINED HEREIN, PROVIDED, THAT SUCH IS THE HIGHEST GRADE OR RANK IN WHICH IT IS DETERMINED THAT HE SERVED SATISFACTORILY UNDER A TEMPORARY APPOINTMENT.