B-97901, NOVEMBER 21, 1950, 30 COMP. GEN. 201

B-97901, NOVEMBER 21, 1950, 30 COMP. GEN. 201

PAY - PROMOTIONS - EFFECTIVE DATE - FORMER REGULAR NAVY OFFICER COMMISSIONED IN THE NAVAL RESERVE A NAVY OFFICER WHO UPON RESIGNING HIS COMMISSION IN THE REGULAR NAVY WAS APPOINTED IN THE SAME RANK AS AN OFFICER IN THE NAVAL RESERVE AND WHO LATER WAS PROMOTED TO THE NEXT HIGHER RANK RETROACTIVELY FROM A DATE WITHIN THE PERIOD IN WHICH HE WAS SERVING UNDER SAID COMMISSION IN THE REGULAR NAVY IS NOT ENTITLED TO THE PAY AND ALLOWANCES OF THE HIGHER RANK IN THE NAVAL RESERVE PRIOR TO THE DATE HE ENTERED ON ACTIVE DUTY AS A NAVAL RESERVIST AND, THEREFORE, MAY NOT RECEIVE THE PAY AND ALLOWANCES OF SUCH HIGHER RANK FOR ANY PART OF THE PERIOD COVERED BY HIS COMMISSION IN THE REGULAR NAVY.

ASSISTANT COMPTROLLER GENERAL YATES TO JOHN J. DEMPSEY, NOVEMBER 21, 1950:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1950, WHEREIN YOU REQUEST REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 30, 1950, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN THE PAY AND ALLOWANCES OF A LIEUTENANT (JG) AND THE PAY AND ALLOWANCES OF AN ENSIGN FOR THE PERIOD JUNE 5 TO DECEMBER 21, 1949, INCIDENT TO YOUR SERVICE AS AN OFFICER IN THE UNITED STATES NAVY.

IT APPEARS THAT ON JUNE 5, 1946, YOU WERE APPOINTED AN ENSIGN IN THE UNITED STATES NAVY AND THAT YOU SERVED IN THAT CAPACITY UNTIL DECEMBER 21, 1949, WHEN YOUR RESIGNATION WAS ACCEPTED. ON DECEMBER 22, 1949, YOU APPARENTLY WERE APPOINTED AN ENSIGN IN THE UNITED STATES NAVAL RESERVE AND ON JANUARY 25, 1950, YOU WERE APPOINTED A LIEUTENANT (JG) IN THE UNITED STATES NAVAL RESERVE TO RANK FROM JUNE 5, 1949.

IN THE SAID SETTLEMENT IT WAS POINTED OUT THAT YOUR APPOINTMENT AS A LIEUTENANT (JG) IN THE NAVAL RESERVE TO RANK FROM JUNE 5, 1949, WOULD ENTITLE YOU TO THE PAY AND ALLOWANCES OF THAT RANK FROM THAT DATE ONLY IF YOU WERE THEN SERVING ON ACTIVE DUTY AS AN OFFICER IN THE NAVAL RESERVE. DECISION OF MAY 26, 1941, 20 COMP. GEN. 813. IT WAS ALSO POINTED OUT THAT YOU WERE COMPLETELY SEPARATED FROM THE REGULAR NAVY ON DECEMBER 21, 1949, AT WHICH TIME YOU WERE PAID THE PAY AND ALLOWANCES PROPERLY DUE YOU, AND THAT NO BACK PAY AND ALLOWANCES COULD ACCRUE TO YOU INCIDENT TO YOUR SERVICE AS AN OFFICER OF THE REGULAR NAVY BY REASON OF YOUR APPOINTMENT TO A HIGHER RANK IN THE NAVAL RESERVE.

IN YOUR LETTER YOU POINT OUT THAT YOU ACTUALLY WERE ON ACTIVE DUTY DURING THE ENTIRE PERIOD FROM JUNE 5 TO DECEMBER 21, 1949, AND THAT YOU WERE NOT COMPLETELY SEPARATED FROM THE SERVICE ON DECEMBER 21, 1949, BUT THAT YOU MERELY HAD A CHANGE IN STATUS FROM THAT OF AN OFFICER IN THE REGULAR NAVY TO THAT OF AN OFFICER IN THE NAVAL RESERVE. HOWEVER THAT MAY BE, IT SHOULD BE APPARENT THAT UNLESS YOU ACTUALLY WERE APPOINTED AS A LIEUTENANT (JG) IN THE REGULAR NAVY YOU WOULD NOT BE ENTITLED TO THE PAY AND ALLOWANCES OF THAT RANK FOR ANY PERIOD OF SERVICE AS AN OFFICER OF THE REGULAR NAVY. AND, UNDER NO CIRCUMSTANCES COULD AN APPOINTMENT TO SUCH RANK IN THE NAVAL RESERVE BE CONSIDERED AS CONSTITUTING AN APPOINTMENT IN THE REGULAR NAVY. UNDER YOUR APPOINTMENT IN THE NAVAL RESERVE AS A LIEUTENANT (JG) YOU COULD NOT HAVE BECOME ENTITLED TO THE PAY AND ALLOWANCES OF SUCH RANK PRIOR TO THE DATE YOU ENTERED ON ACTIVE DUTY AS A NAVAL RESERVIST AND IN NO EVENT COULD YOU HAVE BECOME ENTITLED TO SUCH PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE TIME YOU BECAME AN OFFICER OF THE NAVAL RESERVE.