B-70506, DECEMBER 1, 1947, 27 COMP. GEN. 307

B-70506: Dec 1, 1947

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" WERE CALLED TO ACTIVE DUTY AS RESERVE OFFICERS OF SUCH CORPS MAY. REGARDLESS OF WHETHER SUCH SERVICE WAS DIRECTLY UNDER THE PUBLIC HEALTH SERVICE OR ON DETAIL TO THE COAST GUARD. 1947: I HAVE YOUR LETTER OF OCTOBER 21. HAVE RETURNED TO THEIR FORMER POSITIONS WHICH ARE WITHIN THE SCOPE OF THE CLASSIFICATION ACT OF 1923. FOLLOWING ARE THE FACTS OF A TYPICAL CASE: AN EMPLOYEE. WAS CALLED TO ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE ON SEPTEMBER 11. " FURLOUGHED WITHOUT PAY FOR DURATION OF ACTIVE DUTY AS COMMISSIONED OFFICER IN THE RESERVE" WAS ENTERED. THE EMPLOYEE WAS DETAILED TO THE COAST GUARD WHERE HE SERVED UNTIL SEPTEMBER 10. " WAS ENTERED. THE COMMISSIONED CORPS WAS DECLARED TO BE A MILITARY SERVICE AND A BRANCH OF THE LAND AND NAVAL FORCES OF THE UNITED STATES.

B-70506, DECEMBER 1, 1947, 27 COMP. GEN. 307

COMPENSATION - PERIODIC WITHIN-GRADE ADVANCEMENTS - SERVICE CREDITS - SERVICE IN PUBLIC HEALTH SERVICE COMMISSIONED CORPS PUBLIC HEALTH SERVICE EMPLOYEES WHO, PRIOR TO JULY 29, 1945, THE EFFECTIVE DATE OF EXECUTIVE ORDER NO. 9575 DECLARING THE COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE "TO BE A MILITARY SERVICE," WERE CALLED TO ACTIVE DUTY AS RESERVE OFFICERS OF SUCH CORPS MAY, UPON RETURN TO THEIR FORMER CIVILIAN POSITIONS, BE GIVEN CREDIT TOWARD WITHIN-GRADE ADVANCEMENTS UNDER SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, FOR ALL ACTIVE SERVICE AS COMMISSIONED OFFICERS, REGARDLESS OF WHETHER SUCH SERVICE WAS DIRECTLY UNDER THE PUBLIC HEALTH SERVICE OR ON DETAIL TO THE COAST GUARD, ARMY, OR NAVY.

COMPTROLLER GENERAL WARREN TO THE FEDERAL SECURITY ADMINISTRATOR, DECEMBER 1, 1947:

I HAVE YOUR LETTER OF OCTOBER 21, 1947, AS FOLLOWS:

THE PUBLIC HEALTH SERVICE HAS UNDER CONSIDERATION PROPOSED WITHIN GRADE SALARY ADVANCEMENTS FOR A GROUP OF EMPLOYEES WHO, AFTER SERVING IN THE COMMISSIONED CORPS OF THE SERVICE, HAVE RETURNED TO THEIR FORMER POSITIONS WHICH ARE WITHIN THE SCOPE OF THE CLASSIFICATION ACT OF 1923, AS AMENDED.

FOLLOWING ARE THE FACTS OF A TYPICAL CASE:

AN EMPLOYEE, HOLDING A POSITION AS ACTING ASSISTANT SURGEON, PERMANENT CLASSIFIED, P-3, WAS CALLED TO ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE ON SEPTEMBER 11, 1943, UNDER A COMMISSION HELD BY HIM IN THE HEALTH SERVICE ON SEPTEMBER 11, 1943, UNDER A COMMISSION HELD BY HIM IN THE RESERVE. AT THAT TIME A PERSONNEL ACTION," FURLOUGHED WITHOUT PAY FOR DURATION OF ACTIVE DUTY AS COMMISSIONED OFFICER IN THE RESERVE" WAS ENTERED. UPON BEING CALLED TO ACTIVE DUTY, THE EMPLOYEE WAS DETAILED TO THE COAST GUARD WHERE HE SERVED UNTIL SEPTEMBER 10, 1946. OCTOBER 1, 1946, HE RETURNED TO DUTY IN HIS FORMER POSITION AS ACTING ASSISTANT SURGEON, P 3. AT THAT TIME A PERSONNEL ACTION," RETURNED TO ACTIVE DUTY AND PAY STATUS FROM FURLOUGH WITHOUT PAY, BECAUSE OF TERMINATION OF COMMISSION IN THE RESERVE OF THE UNITED STATES PUBLIC HEALTH SERVICE," WAS ENTERED. UNDER EXECUTIVE ORDER 9575, PUBLISHED JUNE 29, 1945, THE COMMISSIONED CORPS WAS DECLARED TO BE A MILITARY SERVICE AND A BRANCH OF THE LAND AND NAVAL FORCES OF THE UNITED STATES, EFFECTIVE JULY 29, 1945. THIS EMPLOYEE HAD NO REEMPLOYMENT RIGHTS, (SEE SECTION 212 (A) (1) OF THE PUBLIC HEALTH SERVICE ACT, 58 STAT. 689, 42 U.S.C. 213 (A) (1); FED. PERSONNEL MANUAL, R6-2).

IN YOUR DECISION OF AUGUST 27, 1946, B-59772, 26 COMP. GEN. 138, TO THE SECRETARY OF AGRICULTURE, IT WAS SAID:

"WITHOUT AT THIS TIME PASSING UPON THE VALIDITY OF THE CIVIL SERVICE REGULATIONS SO FAR AS THEY ATTEMPT TO DENY THE RIGHT OF A FORMER GOVERNMENT EMPLOYEE TO CREDIT FOR SERVICE IN THE ARMED FORCES, MERCHANT MARINE, OR WAR TRANSFER TOWARD A WITHIN-GRADE SALARY ADVANCE UPON REINSTATEMENT OR REEMPLOYMENT IN THE GOVERNMENT SERVICE UNDER CIVIL SERVICE REGULATIONS AUTHORIZING SUCH REINSTATEMENT OR REEMPLOYMENT UPON OTHER THAN A MANDATORY BASIS, IT WOULD SEEM THAT THE QUOTED REGULATIONS DO NOT DENY THE DISCRETIONARY AUTHORITY OF THE EMPLOYING OFFICE TO GIVE CREDIT FOR ALL SUCH SERVICE TOWARD WITHIN GRADE SALARY ADVANCEMENTS IF THEY SHOULD DESIRE TO EXERCISE THAT DISCRETION--- THERE APPEARING NOTHING IN THE PROVISIONS OF SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 OTHERWISE TO BAR THE GRANTING OF SUCH CREDIT.' ( ITALICS SUPPLIED.)

THE FACTS THERE CONSIDERED INVOLVED AN EMPLOYEE WHOSE REEMPLOYMENT RIGHTS HAD LAPSED. SEE ALSO, DECISION OF JULY 13, 1946, B-57081, 26 COMP. GEN. 30, 34-35.

YOUR DECISION OF APRIL 8, 1947, B-64351, 26 COMP. GEN. 754, TO THE SECRETARY OF AGRICULTURE AMPLIFIED THE EARLIER ONE TO INDICATE THAT THE SAME DISCRETION WOULD BE AVAILABLE TO ADMINISTRATIVE OFFICES EVEN THOUGH THE EMPLOYEE MIGHT BE ONE WHO HAD LEFT A POSITION IN AN AGENCY OTHER THAN THE ONE IN WHICH HE WAS REEMPLOYED. IT WAS SAID AT PAGE 758 THAT "THE QUOTED STATEMENT (FROM THE DECISION OF AUGUST 27, 1946) WAS INTENDED TO COVER ALL REEMPLOYMENTS OR REINSTATEMENTS WITHIN THE PURVIEW OF THE SAID SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 ON OTHER THAN A MANDATORY BASIS.' ( ITALICS SUPPLIED.)

ALTHOUGH IN BOTH OF THESE CASES THE EMPLOYEE INVOLVED HAD HAD RESTORATION RIGHTS WHICH HE HAD ALLOWED TO LAPSE, THERE IS NO INDICATION THAT THE SCOPE FOR ADMINISTRATIVE DISCRETION IN THIS AREA WOULD BE LIMITED BY THE MERE FACT THAT THE RETURNED EMPLOYEE HAD NEVER HAD REEMPLOYMENT RIGHTS. IS OUR ASSUMPTION CORRECT THAT NO SUCH LIMITATION EXISTS?

QUESTIONS THEN REMAINING ARE (A) WHETHER THE EMPLOYEE LEFT HIS POSITION TO ENTER THE ARMED FORCES WITHIN THE MEANING OF SECTION 402 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, (5 U.S.C. 667 (B) (4) (, AND (B) IF SO, THE EXTENT TO WHICH SERVICE IN THE COMMISSIONED CORPS MAY BE CREDITED FOR WITHIN-GRADE SALARY ADVANCEMENT PURPOSES.

TWO POSSIBLE GROUNDS APPEAR TO US FOR THE VIEW THAT THE EMPLOYEE LEFT HIS POSITION TO ENTER THE ARMED FORCES ON SEPTEMBER 11, 1943. THE FIRST IS BASED ON EXECUTIVE ORDER 8988, WHICH MADE PUBLIC HEALTH SERVICE OFFICERS DETAILED TO THE COAST GUARD A PART OF THE NAVAL FORCES. (CF. DECISION OF MARCH 8, 1945, B-45178, 24 COMP. GEN. 664). ON THIS BASIS THE PERIOD OF THE EMPLOYEE'S DUTY FROM SEPTEMBER 11, 1943 UNTIL SEPTEMBER 10, 1946, WOULD BE CREDITABLE AS MILITARY SERVICE.

A SECOND BASIS FOR THE VIEW THAT THE EMPLOYEE LEFT HIS POSITION TO ENTER THE ARMED FORCES ON SEPTEMBER 11, 1943, IS FOUND IN YOUR DECISION ON JUNE 16, 1945, WITH RESPECT TO AN EMPLOYEE OF THE AGRICULTURE DEPARTMENT WHO LEFT HIS POSITION TO ENTER CIVILIAN PILOT TRAINING AND THEREAFTER WAS CALLED TO ACTIVE DUTY IN THE ARMY, THAT THE PERIOD OF HIS CIVILIAN PILOT TRAINING (NOT STRICTLY MILITARY SERVICE) MIGHT BE TACKED TO THE PERIOD OF SERVICE IN THE ARMY, AND THE WHOLE CREDITED AS MILITARY SERVICE. IF, IN THE CASE NOW PRESENTED, THE PERIOD OF THE EMPLOYEE'S DUTY IN THE RESERVE RUNNING FROM SEPTEMBER 11, 1943 TO JULY 29, 1945, THE EFFECTIVE DATE OF EXECUTIVE ORDER 9575, MAY BE CONSIDERED ANALOGOUS TO THE PERIOD OF CIVILIAN PILOT TRAINING IN THE FOREGOING DECISION, THEN THE ENTIRE PERIOD OF DUTY WOULD SEEM TO BE CREDITABLE. THERE CAN BE NO QUESTION, OF COURSE, ABOUT THE MILITARY NATURE OF THE SERVICE AFTER THE EFFECTIVE DATE OF EXECUTIVE ORDER 9575.

IF THE PERIOD OF DUTY FROM SEPTEMBER 11, 1943, TO JULY 29, 1945, IS NOT MILITARY SERVICE SO THAT THE EMPLOYEE CANNOT BE SAID TO HAVE LEFT HIS POSITION ON THE FORMER DATE TO ENTER MILITARY SERVICE, A LEAVING TO ENTER UPON MILITARY SERVICE MAY BE VIEWED AS HAVING OCCURRED ON JULY 29, 1945. IN THIS CONNECTION I CALL YOUR ATTENTION TO THE 30-DAY POSTPONEMENT OF THE EFFECTIVE DATE OF EXECUTIVE ORDER 9575. DURING THE PERIOD OF POSTPONEMENT, THE SERVICE ACCEPTED THE RESIGNATION OF THOSE OFFICERS WHO WERE UNWILLING TO CONTINUE IN THE CORPS AS A MILITARY SERVICE. AS TO THE OFFICERS WHO DID NOT AVAIL THEMSELVES OF THE OPPORTUNITY TO RESIGN, THE SITUATION MAY BE VIEWED AS ROUGHLY COMPARABLE TO ENLISTMENT.

IF THE EMPLOYEE IS CONSIDERED TO HAVE LEFT HIS POSITION TO ENTER MILITARY SERVICE ON JULY 29, 1945, HIS SERVICE FROM THAT DATE UNTIL SEPTEMBER 10, 1946, WOULD BE CREDITABLE FOR WITHIN-GRADE PROMOTION PURPOSES. HIS PRIOR PERIOD OF DUTY IN THE RESERVE, FROM SEPTEMBER 10, 1943 TO JULY 29, 1945, WOULD ALSO SEEM TO BE CREDITABLE AS "CONTINUOUS CIVILIAN EMPLOYMENT" WITHIN THE MEANING OF SECTION 26.53 (A) OF THE CIVIL SERVICE COMMISSION'S REGULATIONS.

UNDER THE FACTS DESCRIBED ABOVE, WOULD YOUR OFFICE BE REQUIRED TO OBJECT TO THE CREDITING OF THE EMPLOYEE'S ENTIRE PERIOD OF DUTY IN THE RESERVE FOR PURPOSES OF WITHIN-GRADE SALARY ADVANCEMENT? WOULD YOUR ADVICE BE THE SAME AS TO EMPLOYEES IN THE GROUP WHO, WHILE SERVING IN THE RESERVE, WERE ON DUTY IN THE PUBLIC HEALTH SERVICE, OR WERE ON DETAIL TO THE ARMY OR NAVY, RATHER THAN ON DETAIL TO THE COAST GUARD?"

SECTIONS 212 (A) AND (B) OF THE ACT OF JULY 1, 1944, 58 STAT. 689, PROVIDE:

SEC. 212. (A) FOR THE PURPOSES OF THIS SECTION---

(1) THE TERM "FULL MILITARY BENEFITS" MEANS ALL RIGHTS, PRIVILEGES, IMMUNITIES, AND BENEFITS PROVIDED UNDER ANY LAW OF THE UNITED STATES IN THE CASE OF COMMISSIONED OFFICERS OF THE ARMY (INCLUDING THEIR SURVIVING BENEFICIARIES) ON ACCOUNT OF ACTIVE MILITARY SERVICE, INCLUDING, BUT NOT LIMITED TO, BURIAL PAYMENTS IN THE EVENT OF DEATH, SIX MONTHS' PAY IN CASE OF DEATH, VETERANS' COMPENSATION AND PENSIONS AND OTHER VETERANS' BENEFITS, THE RIGHTS PROVIDED UNDER THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT, AS AMENDED, AND UNDER THE NATIONAL SERVICE LIFE INSURANCE ACT, AS AMENDED, TRAVEL ALLOWANCE, INCLUDING PER DIEM ALLOWANCES FOR TRAVEL WITHOUT REGARD TO REPEATED TRAVEL BETWEEN TWO OR MORE PLACES IN THE SAME VICINITY, EXEMPTION FROM PAYMENT OF POSTAGE ON MAIL, EXEMPTION OF CERTAIN PAY FROM FEDERAL INCOME TAXATION, AND OTHER BENEFITS, PRIVILEGES AND EXCEPTIONS UNDER THE INTERNAL REVENUE LAWS; EXCLUDING, HOWEVER, RETIRED PAY, UNIFORM ALLOWANCES, THE RIGHT TO BE AWARDED MILITARY RIBBONS, MEDALS, AND DECORATIONS, AND THE BENEFITS OF THE MUSTERING-OUT PAYMENT ACT OF 1944, AND EXCLUDING REEMPLOYMENT RIGHTS WITH RESPECT TO ANY COMMISSIONED OFFICER OF THE SERVICE EXCEPT OFFICERS OF THE RESERVE CORPS CALLED TO ACTIVE DUTY AFTER NOVEMBER 11, 1943; AND

(2) THE TERM "LIMITED MILITARY BENEFITS" MEANS FULL MILITARY BENEFITS, EXCEPT VETERANS' COMPENSATION AND PENSIONS AND OTHER VETERANS' BENEFITS, AND ELIGIBILITY UNDER THE NATIONAL SERVICE LIFE INSURANCE ACT, AS AMENDED.

(B) COMMISSIONED OFFICERS OF THE SERVICE (INCLUDING THEIR SURVIVING BENEFICIARIES/---

(1) SHALL BE ENTITLED TO LIMITED MILITARY BENEFITS WITH RESPECT TO ALL ACTIVE SERVICE IN TIME OF WAR;

(2) SHALL BE ENTITLED TO FULL MILITARY BENEFITS WITH RESPECT TO ACTIVE SERVICE PERFORMED WHILE DETAILED FOR DUTY WITH THE ARMY, NAVY, OR COAST GUARD;

(3) SHALL BE ENTITLED TO FULL MILITARY BENEFITS WITH RESPECT TO ACTIVE SERVICE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, OR IN ALASKA, IN TIME OF WAR;

(4)SHALL BE ENTITLED TO FULL MILITARY BENEFITS WITH RESPECT TO ACTIVE SERVICE PERFORMED WHILE THE SERVICE IS PART OF THE MILITARY FORCES OF THE UNITED STATES PURSUANT TO EXECUTIVE ORDER OF THE PRESIDENT. ( ITALICS SUPPLIED.)

AS THE INDIVIDUAL IN THE EXAMPLE GIVEN IN YOUR SUBMISSION WAS CALLED TO ACTIVE SERVICE BEFORE RATHER THAN AFTER NOVEMBER 11, 1943 (NAMELY, SEPTEMBER 11, 1943), HE ACQUIRED NO REEMPLOYMENT RIGHTS UNDER THE ABOVE QUOTED ACT. HOWEVER, WITH RESPECT TO WITHIN-GRADE SALARY ADVANCES, SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 299, PROVIDES:

(B) ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH TWELVE MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE LESS THAN $200, OR (2) EACH EIGHTEEN MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR MORE, SUBJECT TO THE FOLLOWING CONDITIONS:

(1) THAT NO EQUIVALENT INCREASE IN COMPENSATION FROM ANY CAUSE WAS RECEIVED DURING SUCH PERIOD, EXCEPT INCREASE MADE PURSUANT TO SUBSECTION (F) OF THIS SECTION;

(2) THAT AN EMPLOYEE SHALL NOT BE ADVANCED UNLESS HIS CURRENT EFFICIENCY IS "GOOD" OR BETTER THAN "GOOD; "

(3) THAT THE SERVICE AND CONDUCT OF SUCH EMPLOYEE ARE CERTIFIED BY THE HEAD OF THE DEPARTMENT OR AGENCY OR SUCH OFFICIAL AS HE MAY DESIGNATE AS BEING OTHERWISE SATISFACTORY; AND

(4) THAT ANY EMPLOYEE, (A) WHO, WHILE SERVING UNDER PERMANENT, WAR SERVICE, TEMPORARY, OR ANY OTHER TYPE OF APPOINTMENT, HAS LEFT HIS POSITION TO ENTER THE ARMED FORCES OR THE MERCHANT MARINE, OR TO COMPLY WITH A WAR TRANSFER AS DEFINED BY THE CIVIL SERVICE COMMISSION, (B) WHO HAS BEEN SEPARATED UNDER HONORABLE CONDITIONS FROM ACTIVE DUTY IN THE ARMED FORCES, OR HAS RECEIVED A CERTIFICATE OF SATISFACTORY SERVICE IN THE MERCHANT MARINE, OR HAS A SATISFACTORY RECORD ON WAR TRANSFER, AND (C) WHO, UNDER REGULATIONS OF THE CIVIL SERVICE COMMISSION OR THE PROVISIONS OF ANY LAW PROVIDING FORRESTORATION OR EMPLOYMENT, OR UNDER ANY OTHER ADMINISTRATIVE PROCEDURE WITH RESPECT TO EMPLOYEES NOT SUBJECT TO CIVIL SERVICE RULES AND REGULATIONS, IS RESTORED, REEMPLOYED, OR REINSTATED IN ANY POSITION SUBJECT TO THIS SECTION, SHALL UPON HIS RETURN TO DUTY BE ENTITLED TO WITHIN-GRADE SALARY ADVANCEMENTS WITHOUT REGARD TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, AND TO CREDIT SUCH SERVICE IN THE ARMED FORCES, IN THE MERCHANT MARINE, AND ON WAR TRANSFER, TOWARD SUCH WITHIN- GRADE SALARY ADVANCEMENTS. * * *

THE RIGHT TO CREDIT FOR MILITARY SERVICE UNDER SECTION 402 (B) (4) IS NOT DEPENDENT UPON A MANDATORY REEMPLOYMENT BUT IS GRANTED TO ANYONE OTHERWISE WITHIN ITS PURVIEW, WHO, UNDER ANY REGULATION OF THE CIVIL SERVICE COMMISSION OR THE PROVISIONS OF ANY LAW PROVIDING FOR RESTORATION OR REEMPLOYMENT OR UNDER ANY OTHER ADMINISTRATIVE PROCEDURE WITH RESPECT TO EMPLOYEES NOT SUBJECT TO CIVIL SERVICE RULES AND REGULATIONS, IS RESTORED, REEMPLOYED, OR REINSTATED IN ANY POSITION SUBJECT TO THAT SECTION. THE RIGHT TO CREDIT FOR MILITARY SERVICE THUS CONSTITUTES ONE OF THE ,FULL MILITARY BENEFITS" WHICH ARE DEFINED IN SECTION 212 OF THE ACT OF JULY 1, 1944, SUPRA, AS ,BENEFITS PROVIDED UNDER ANY LAW OF THE UNITED STATES IN THE CASE OF COMMISSIONED OFFICERS OF THE ARMY * * * ON ACCOUNT OF ACTIVE MILITARY SERVICE.' THAT THE BENEFITS OF SAID SECTION 212 ARE NOT TO BE LIMITED TO BENEFITS ACCRUING AFTER THE DATE OF THE ACT IS DEMONSTRATED BY THE FACT THAT THE PROVISION EXCLUDING REEMPLOYMENT RIGHTS SPECIFICALLY EXCEPTS OFFICERS OF THE RESERVE CORPS CALLED TO ACTIVE DUTY AFTER NOVEMBER 11, 1943, A DATE PRIOR TO THE DATE OF THE ACT IN QUESTION. SEE, ALSO, EXECUTIVE ORDER 8988, DECEMBER 23, 1941, ISSUED UNDER THE PRIOR ACT OF JULY 1, 1902, AS AMENDED, 42 U.S.C. 8, DECLARING THAT PUBLIC HEALTH SERVICE OFFICERS DETAILED TO THE COAST GUARD SHALL BE CONSIDERED AS PART OF THE NAVAL FORCES OF THE UNITED STATES. SECTION 216 OF THE ABOVE ACT OF JULY 1, 1944, 58 STAT. 690, AUTHORIZED THE PRESIDENT OF THE UNITED STATES, IN TIME OF WAR OR EMERGENCY, TO DECLARE THE COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE "TO BE A MILITARY SERVICE.' SUCH DECLARATION WAS MADE BY EXECUTIVE ORDER 9575, JUNE 29, 1945, 10 F.R. 7895, TO BE EFFECTIVE 30 DAYS THEREAFTER, OR JULY 29, 1945. ACCORDINGLY, ON AND AFTER JULY 29, 1945, SERVICE AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE IS TO BE CONSIDERED AS SERVICE IN THE "LAND AND NAVAL FORCES OF THE UNITED STATES" AND, AS SUCH, REASONABLY MAY BE CONSIDERED AS SERVICE IN THE ARMED FORCES OF THE UNITED STATES FOR THE PURPOSE OF ENTITLING SUCH OFFICERS TO CREDIT THEREFOR TOWARD WITHIN-GRADE SALARY ADVANCEMENT UPON RESTORATION OR REEMPLOYMENT IN A CIVILIAN CLASSIFIED POSITION. WHETHER SERVICE AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE PRIOR TO JULY 29, 1945, WHEN NOT DETAILED TO THE COAST GUARD, ARMY, OR NAVY, COULD BE CONSIDERED MILITARY OR NAVAL SERVICE IS NOT SO CLEAR. HOWEVER, SUCH COMMISSIONED SERVICE WAS SERVICE UNDER THE GOVERNMENT AND HAD A DIRECT RELATION TO MILITARY OR NAVAL SERVICE AND PROPERLY COULD BE CONSIDERED AS SERVICE IN THE ARMED FORCES WITHIN THE PURVIEW OF SAID SECTION 402 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, SUPRA. CF. 24 COMP. GEN. 891.

ACCORDINGLY, THE EMPLOYEE IN QUESTION AND OTHERS OCCUPYING SIMILAR STATUS MAY BE GIVEN CREDIT TOWARD WITHIN-GRADE SALARY ADVANCES FOR ALL ACTIVE SERVICE AS COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE WHETHER SERVING DIRECTLY UNDER THE PUBLIC HEALTH SERVICE OR ON DETAIL TO THE COAST GUARD, ARMY, OR NAVY.