B-87385, SEPTEMBER 26, 1949, 29 COMP. GEN. 143

B-87385: Sep 26, 1949

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SUCH OFFICER IS ENTITLED TO THE PAY AND ALLOWANCES OF A VICE ADMIRAL. THAT IS. WHILE SERVING AS SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS IS ENTITLED. ALLOWANCES OF A VICE ADMIRAL" AS USED IN SAID SECTION 504 (C) WAS INTENDED TO BE INCLUSIVE OR EXCLUSIVE OF THE $500 PER YEAR PERSONAL MONEY ALLOWANCE AUTHORIZED GENERALLY FOR VICE ADMIRALS OF THE NAVY. A LITERAL CONSTRUCTION OF THE PROVISION IN SECTION 504 (C) WOULD SEEM TO REQUIRE THE CONCLUSION THAT THE NAVAL OFFICER DESIGNATED UNDER THE SAID SECTION 504 (C) AS THE SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOSE AUTHORIZED FOR VICE ADMIRALS OF THE NAVY.

B-87385, SEPTEMBER 26, 1949, 29 COMP. GEN. 143

PAY - NAVAL OFFICER RECEIVING PAY OF REAR ADMIRAL, UPPER HALF, AS SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS - PERSONAL MONEY ALLOWANCE UNDER SECTION 504 (C) OF THE OFFICER PERSONNEL ACT OF 1947, AUTHORIZING THE NAVY OFFICER DESIGNATED AS THE SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS TO RECEIVE THE PAY AND ALLOWANCES OF A VICE ADMIRAL AND, IN ADDITION THERETO, A PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR, SUCH OFFICER IS ENTITLED TO THE PAY AND ALLOWANCES OF A VICE ADMIRAL, THAT IS, THE PAY AND ALLOWANCES OF A REAR ADMIRAL, UPPER HALF, AND A PERSONAL MONEY ALLOWANCE OF $500 PER YEAR, PLUS THE PERSONNEL MONEY ALLOWANCE OF $2,200 SPECIFICALLY AUTHORIZED FOR SUCH OFFICER UNDER SAID SECTION 504 (C) WHILE SO SERVING.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 26, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JUNE 21, 1949, REQUESTING DECISION AS TO WHETHER VICE ADMIRAL BERNHARD H. BIERI, UNITED STATES NAVY, WHILE SERVING AS SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS IS ENTITLED--- IN ADDITION TO THE PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR SPECIFICALLY AUTHORIZED FOR SUCH OFFICER BY SECTION 504 (C) OF THE OFFICER PERSONNEL ACT OF 1947, 61 STAT. 795, 887--- TO PAYMENT OF THE PERSONAL MONEY ALLOWANCE OF $500 PER YEAR AUTHORIZED GENERALLY FOR OFFICERS SERVING IN THE GRADE OF VICE ADMIRAL BY SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 362, AS AMENDED.

THE SECOND PARAGRAPH OF SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 504 (E) OF THE OFFICER PERSONNEL ACT OF 1947, 61 STAT. 888, PROVIDES AS FOLLOWS:

OFFICERS OF THE NAVY SERVING IN THE GRADE OF VICE ADMIRAL, OFFICERS OF THE ARMY SERVING IN THE GRADE OF LIEUTENANT GENERAL, AND OFFICERS OF THE OTHER SERVICES MENTIONED IN THE TITLE OF THIS ACT SERVING IN CORRESPONDING GRADES, SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE OF $500 PER YEAR. OFFICERS OF THE NAVY SERVING IN THE GRADE OF ADMIRAL, OFFICERS OF THE ARMY SERVING IN THE GRADE OF GENERAL, AND OFFICERS OF THE OTHER SERVICES MENTIONED IN THE TITLE OF THIS ACT SERVING IN CORRESPONDING GRADES, SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR. OFFICERS SERVING AS THE CHIEF OF NAVAL OPERATIONS, THE CHIEF OF STAFF OF THE ARMY, OR IN THE CORRESPONDING POSITION IN THE ARMY AIR FORCES, OR AS THE COMMANDANT OF THE MARINE CORPS, SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE OF $4,000 PER YEAR.

SECTION 504 (C) OF THE SAID ACT, 61 STAT. 887, PROVIDES AS FOLLOWS:

(C) WITHIN THE LIMITATIONS AS TO NUMBERS IN GRADE PRESCRIBED IN THIS ACT, ONE OFFICER OF THE NAVY, INCLUDING THE MARINE CORPS, ONE OFFICER OF THE ARMY LESS THE AIR CORPS, AND ONE OFFICER OF THE AIR CORPS, WHEN DESIGNATED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AS SENIOR MEMBERS OF THE MILITARY AND NAVAL STAFF COMMITTEE OF THE UNITED NATIONS SHALL, WHILE SO SERVING, BE ENTITLED TO THE RANK, PAY, AND ALLOWANCES OF A VICE ADMIRAL OR LIEUTENANT GENERAL, AS THE CASE MAY BE, AND, IN ADDITION THERETO, A PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR.

WHILE THE "PAY AND ALLOWANCES" OF A VICE ADMIRAL ORDINARILY INCLUDE THE PERSONAL MONEY ALLOWANCE OF $500 A YEAR AUTHORIZED UNDER SECTION 7 OF THE PAY READJUSTMENT ACT, AS AMENDED, THERE SEEMS TO BE SOME DOUBT AS TO WHETHER THE "PAY, AND ALLOWANCES OF A VICE ADMIRAL" AS USED IN SAID SECTION 504 (C) WAS INTENDED TO BE INCLUSIVE OR EXCLUSIVE OF THE $500 PER YEAR PERSONAL MONEY ALLOWANCE AUTHORIZED GENERALLY FOR VICE ADMIRALS OF THE NAVY. A LITERAL CONSTRUCTION OF THE PROVISION IN SECTION 504 (C) WOULD SEEM TO REQUIRE THE CONCLUSION THAT THE NAVAL OFFICER DESIGNATED UNDER THE SAID SECTION 504 (C) AS THE SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS THOSE AUTHORIZED FOR VICE ADMIRALS OF THE NAVY, GENERALLY (THAT IS, THE PAY AND ALLOWANCES OF A REAR ADMIRAL, UPPER HALF, AND A PERSONAL MONEY ALLOWANCE OF $500 PER YEAR), PLUS THE PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR SPECIFICALLY AUTHORIZED FOR SUCH OFFICER UNDER THE SAID SECTION 504 (C). THE LEGISLATIVE HISTORY OF THE SAID SECTION 504 (C) SHEDS LITTLE LIGHT ON THE INTENT THEREOF IN THAT RESPECT, IT MERELY BEING STATED ( REPORT NO. 640) THAT IT WAS INTENDED TO BESTOW "ADDITIONAL ALLOWANCES" ON OFFICERS SERVING AS SENIOR MEMBERS OF THE MILITARY AND NAVAL STAFF COMMITTEES OF THE UNITED NATIONS. HOWEVER, IT IS A SETTLED RULE OF STATUTORY CONSTRUCTION THAT IT IS REASONABLE TO ASSUME THAT WORDS USED IN ONE PLACE IN A LEGISLATIVE ENACTMENT HAVE THE SAME MEANING IN EVERY OTHER PLACE IN THE STATUTE AND THAT CONSEQUENTLY OTHER SECTIONS IN WHICH THE SAME PHRASE IS USED MAY BE RESORTED TO AS AN AID IN DETERMINING THE MEANING THEREOF; AND, IF THE MEANING OF THE PHRASE IS CLEAR IN ONE PART OF THE STATUTE AND IN OTHERS DOUBTFUL OR OBSCURE, IT IS IN THE LATTER CASE GIVEN THE SAME CONSTRUCTION AS IN THE FORMER. SEE 50 AM. JUR., STATUTES, SECTION 271. IN THAT CONNECTION IT IS NOTED THAT THE IMMEDIATELY PRECEDING SUBSECTION (B) OF SECTION 504, 61 STAT. 886, AUTHORIZES THE PRESIDENT TO APPOINT CERTAIN OFFICERS OF THE ARMY TO POSITIONS OF IMPORTANCE AND WHILE SO SERVING SUCH OFFICERS ARE ENTITLED TO THE "RANK, TITLE, PAY, AND ALLOWANCES OF A GENERAL OR LIEUTENANT GENERAL" AS THE CASE MAY BE. ALSO A SIMILAR PROVISION IS CONTAINED IN SECTION 413 (A) OF THE SAID ACT, 61 STAT. 875, WHICH AUTHORIZES THE PRESIDENT TO DESIGNATE CERTAIN OFFICERS OF THE NAVY FOR COMMAND OF FLEETS, ETC., AND PROVIDES THAT OFFICERS SO DESIGNATED SHALL HAVE THE "GRADE, RANK, PAY, AND ALLOWANCES OF ADMIRAL OR VICE ADMIRAL WHILE SO SERVING.' UNDER THE PROVISIONS OF THE SAID SECTIONS 413 (A) AND 504 (B), OFFICERS DESIGNATED FOR SUCH ASSIGNMENTS, ETC., ARE ENTITLED TO THE "PAY, AND ALLOWANCES" OF AN ADMIRAL OR VICE ADMIRAL OF THE NAVY (GENERAL OR LIEUTENANT GENERAL OF THE ARMY), AS THE CASE MAY BE, WHICH "PAY, AND ALLOWANCES" UNQUESTIONABLY INCLUDE THE PERSONAL MONEY ALLOWANCES PRESCRIBED IN SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. APPLYING THE ABOVE RULE TO THE PRESENT CASE, IT IS CONCLUDED THAT THE SAID SECTION 504 (C) INCLUDES THE PERSONAL MONEY ALLOWANCE OF $500 PER YEAR AUTHORIZED FOR VICE ADMIRALS OF THE NAVY UNDER SECTION 7 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. HAD THE CONGRESS INTENDED BY SECTION 504 (C) TO BESTOW UPON SUCH OFFICER THE RANK OF VICE ADMIRAL, BUT TO PERMIT HIM TO RECEIVE THE PAY AND ALLOWANCES OF REAR ADMIRAL, UPPER HALF, AND A PERSONAL MONEY ALLOWANCE OF $2,200 PER YEAR, IT MAY BE ASSUMED THAT APPROPRIATE LANGUAGE WOULD HAVE BEEN USED TO CONVEY SUCH INTENT. HOWEVER, ANY SUPPOSED OMISSION IN THAT RESPECT MAY NOT BE SUPPLIED BY CONSTRUCTION IN THE ABSENCE OF AT LEAST SOME INDICATION IN THE LEGISLATIVE HISTORY THAT THE CONGRESS INTENDED THE PHRASE "IN ADDITION THERETO," INSOFAR AS THE PERSONAL MONEY ALLOWANCE IS CONCERNED, AS MEANING "IN LIEU OF" THE PERSONAL MONEY ALLOWANCE OTHERWISE INCLUDED IN THE PAY AND ALLOWANCES OF A VICE ADMIRAL. SEE WALTER V. MCSHERRY, 21 MO. 76. IT IS CONCLUDED, FOR SUCH REASONS, THAT VICE ADMIRAL BIERI, WHILE SERVING AS SENIOR MEMBER OF THE NAVAL STAFF COMMITTEE OF THE UNITED NATIONS, IS ENTITLED TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL, UPPER HALF, AND TO A PERSONAL MONEY ALLOWANCE OF $2,700 PER YEAR.