AUGUST 6, 1923, 3 COMP. GEN. 75
Highlights
RETAINER PAY - EFFECTIVE DATE OF CONFIRMED RATINGS IN NAVAL RESERVE FORCE CONFIRMED RATINGS IN THE NAVAL RESERVE FORCE ARE EFFECTIVE FOR THE PURPOSE OF PAYMENT OF RETAINER PAY ONLY FROM THE DATE THE RESERVIST ESTABLISHES HIS QUALIFICATIONS BEFORE THE EXAMINING BOARD. WHEREIN WAS DISALLOWED HIS CLAIM FOR ARREARS OF RETAINER PAY AND A CHARGE RAISED IN THE AMOUNT OF $400.22 ON ACCOUNT OF OVERPAYMENT OF RETAINER PAY MADE FOR THE PERIOD FROM OCTOBER 1. CLAIMANT'S NAVAL SERVICE IS SHOWN TO BE AS FOLLOWS: 11 APR. CONFIRMED COMMISSION WAS FORWARDED 31 MARCH. PAYMENT WAS MADE TO CLAIMANT IN THE CONFIRMED RATING FROM OCTOBER 1. IS AS FOLLOWS: WHEN FIRST ENROLLED MEMBERS OF THE NAVAL RESERVE FORCE.
AUGUST 6, 1923, 3 COMP. GEN. 75
RETAINER PAY - EFFECTIVE DATE OF CONFIRMED RATINGS IN NAVAL RESERVE FORCE CONFIRMED RATINGS IN THE NAVAL RESERVE FORCE ARE EFFECTIVE FOR THE PURPOSE OF PAYMENT OF RETAINER PAY ONLY FROM THE DATE THE RESERVIST ESTABLISHES HIS QUALIFICATIONS BEFORE THE EXAMINING BOARD.
DECISION BY ACTING COMPTROLLER GENERAL GINN, AUGUST 6, 1923:
EVERETT K. GEER REQUESTED JUNE 1, 1923, REVIEW OF SETTLEMENT NO. N 225376, DATED MAY 10, 1923, WHEREIN WAS DISALLOWED HIS CLAIM FOR ARREARS OF RETAINER PAY AND A CHARGE RAISED IN THE AMOUNT OF $400.22 ON ACCOUNT OF OVERPAYMENT OF RETAINER PAY MADE FOR THE PERIOD FROM OCTOBER 1, 1919, TO FEBRUARY 12, 1921.
CLAIMANT'S NAVAL SERVICE IS SHOWN TO BE AS FOLLOWS: 11 APR., 1917: LIEUTENANT (J.G.) U.S.N.R.F. (M.C.). 27 JUNE, 1918: DISCHARGED. JUNE, 1918: APPOINTED LIEUTENANT (J.G.) U.S.N. (T.). 1 JULY, 1918: ATTAINED RANK OF LIEUTENANT (T.) U.S.N. 25 SEPT., 1919: RESIGNED. SEPT. 1919: ENROLLED LIEUTENANT U.S.N.R. F.-2. 1 OCT. 1919: CONFIRMED AS LIEUTENANT (J.G.) U.S.N.R. F.-2. 30 SEPT. 1921: TRANSFERRED TO CLASS 6, U.S.N.R.F. 24 JAN., 1923: TRANSFERRED TO CLASS 2, U.S.N.R.F., AS PROVISIONAL LIEUTENANT AND CONFIRMED LIEUTENANT (J.G.).
ON APRIL 18, 1923, THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, REPORTED AS FOLLOWS:
1. ON 12 FEBRUARY, 1921, THE CONFIRMATION BOARD REPORTED THIS RESERVIST QUALIFIED FOR THE CONFIRMED RANK OF LIEUTENANT (J.G.) U.S.N.R.F., CLASS 2, EFFECTIVE FROM 1 OCTOBER, 1919. CONFIRMED COMMISSION WAS FORWARDED 31 MARCH, 1921. OATH AND ACCEPTANCE OF OFFICE EXECUTED 29 APRIL, 1921.
PAYMENT WAS MADE TO CLAIMANT IN THE CONFIRMED RATING FROM OCTOBER 1, 1919, NOTWITHSTANDING THE CLEAR PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT., 587, THAT EACH OFFICER OF THE NAVAL RESERVE FORCE SHALL BE COMMISSIONED FROM THE DATE HE ESTABLISHES HIS QUALIFICATION BEFORE AN EXAMINING BOARD.
THE ACT OF AUGUST 29, 1916, IS AS FOLLOWS:
WHEN FIRST ENROLLED MEMBERS OF THE NAVAL RESERVE FORCE, EXCEPT THOSE IN THE FLEET NAVAL RESERVE, SHALL BE GIVEN A PROVISIONS GRADE, RANK OR RATING IN ACCORDANCE WITH THEIR QUALIFICATIONS DETERMINED BY EXAMINATION. THEY MAY THEREAFTER, UPON APPLICATION, BE ASSIGNED TO ACTIVE SERVICE IN THE NAVY FOR SUCH PERIODS OF INSTRUCTION AND TRAINING AS MAY ENABLE THEM TO QUALIFY FOR AND BE CONFIRMED IN SUCH GRADE, RANK OR RATING.
NO MEMBER SHALL BE CONFIRMED IN HIS PROVISIONAL GRADE, RANK OR RATING UNTIL HE SHALL HAVE PERFORMED THE MINIMUM AMOUNT OF ACTIVE SERVICE REQUIRED FOR THE CLASS IN WHICH HE IS ENROLLED NOR UNTIL HE HAS DULY QUALIFIED BY EXAMINATION FOR SUCH RANK OR RATING UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY.
IT IS SHOWN THAT THE CONFIRMATION BOARD REPORTED ON FEBRUARY 12, 1921, THAT CLAIMANT WAS QUALIFIED FOR THE CONFIRMED RANK OF LIEUTENANT (J.G.). U.S.N.R.F., CLASS 2, AND THE PAYMENT OF SUCH RATING WAS NOT LEGALLY AUTHORIZED PRIOR TO THAT DATE. 26 COMP. DEC., 668; 2 COMP. GEN., 278, 428.
PAYMENT WAS AUTHORIZED FOR THE PERIODS FROM APRIL 11, 1917, TO JUNE 27, 1918, AND FROM SEPTEMBER 26, 1919, TO FEBRUARY 11, 1921, 30 MONTHS 3 DAYS, AT $1 PER MONTH, OR $31.10; FROM FEBRUARY 12, 1921, TO APRIL 19, 1921, 1 MONTH 29 DAYS, AT $83.33 PER QUARTER, $54.63 PLUS $196.75) $282.48. PAYMENTS HAVE BEEN MADE OF $14.03 BY CHECK 10922, $9.30 BY CHECK 233533, $490.98 BY CHECK 9244, $83.33 BY CHECK 41135, AND $83.33 BY CHECK 57658, OR A TOTAL OF $680.97. THERE WAS DUE ONLY $282.48, MAKING AN OVERPAYMENT OF $398.49.
CLAIMANT URGES THAT WHERE THE GOVERNMENT OVERPAYS A RESERVIST THE OVERPAYMENT STANDS AND CAN NOT BE COLLECTED, STATING THAT IT WAS HIS UNDERSTANDING THAT THERE WAS A FEDERAL STATUTE IN FORCE TO SUCH EFFECT.
THERE IS NO LAW KNOWN TO THIS OFFICE WHICH RELIEVES A RESERVIST FROM REFUNDING THE AMOUNT OF AN OVERPAYMENT OF RETAINER PAY, AND IT IS THE UNIFORM PRACTICE TO COLLECT ALL AMOUNTS PAID WHICH ARE NOT LEGALLY DUE SUCH RESERVISTS.
UPON REVIEW, THE SETTLEMENT IS REVISED AND $398.49 IS CERTIFIED DUE THE UNITED STATES. THE AMOUNT OF $398.49 SHOULD BE TRANSMITTED TO THIS OFFICE BY DRAFT OR MONEY ORDER DRAWN IN FAVOR OF THE TREASURER OF THE UNITED STATES.