JANUARY 25, 1922, 1 COMP. GEN. 386

JANUARY 25, 1922, 1 COMP. GEN. 386

NAVAL RESERVE FORCE - CONTINUOUS-SERVICE PAY AND PAY UNDER GENERAL ORDER NO. 34 MEMBERS OF THE NAVAL RESERVE FORCE EMPLOYED IN ACTIVE SERVICE WHO REENROLL AFTER DISCHARGE UPON EXPIRATION OF ENROLLMENT ARE ENTITLED TO PAY UNDER G.O. NO. 34, AND IF THE REENROLLMENT BE WITHIN FOUR MONTHS TO CONTINUOUS-SERVICE PAY, PROVIDED THEY HAVE HAD FOUR YEARS OF ACTIVE SERVICE IN THE RESERVE; IF NOT, THE RIGHT TO SUCH ADDITIONAL PAY IS DEFERRED UNTIL SUCH PERIOD OF ACTIVE SERVICE HAS BEEN COMPLETED, WHEN THEY WILL BECOME ENTITLED THERETO FOR THE REMAINDER OF THEIR ACTIVE SERVICE IN CURRENT ENROLLMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 25, 1922:

I HAVE YOUR LETTER OF DECEMBER 5, 1921, AS FOLLOWS:

THE ACT OF JULY 1, 1918, 40 STAT., 712, PROVIDES:

"MEMBERS OF THE NAVAL RESERVE FORCE WHEN EMPLOYED IN ACTIVE SERVICE, ASHORE OR AFLOAT, UNDER THE NAVY DEPARTMENT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY THE OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY OF THE SAME RANK, GRADES, OR RATINGS AND OF THE SAME LENGTH OF SERVICE, WHICH SHALL INCLUDE SERVICE IN THE NAVY, MARINE CORPS, NAVAL RESERVE FORCE, NAVAL MILITIA, NATIONAL NAVAL VOLUNTEERS, OR MARINE CORPS RESERVE.'

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER OR NOT A MAN WHO ENROLLS IN THE NAVAL RESERVE FORCE WITHIN FOUR MONTHS FROM THE DATE OF DISCHARGE BY REASON OF EXPIRATION OF ENROLLMENT IS ENTITLED TO ADDITIONAL PAY FOR CONTINUOUS SERVICE AT THE RATE OF $1.50 PER MONTH AND UNDER GENERAL ORDER NO. 34 AT THE RATE OF $5.50 PER MONTH WHEN ON ACTIVE DUTY DURING SECOND ENROLLMENT PERIOD.

IN 25 COMP. DEC., 688, IT WAS HELD, IN CONSTRUING THE ACT OF JULY 1, 1918, 40 STAT., 712, THAT ,INACTIVE SERVICE" AS A MEMBER OF THE NAVAL RESERVE FORCE COULD NOT BE COUNTED FOR THE PURPOSE OF COMPUTING LONGEVITY OR CONTINUOUS-SERVICE INCREASE OF PAY.

IN DECISION OF THIS OFFICE, DATED DECEMBER 10, 1921, IN THE APPEAL OF EDWARD F. FARRELL, FIRST MUSICIAN, UNITED STATES NAVY, IT WAS HELD THAT AS HE HAD NOT SERVED FOR FOUR YEARS ON ACTIVE DUTY UNDER HIS FIRST ENROLLMENT IN THE NAVAL RESERVE FORCE HE WAS NOT ENTITLED UNDER THE ACT OF JULY 1, 1918, UPON REENROLLMENT IN IT WITHIN FOUR MONTHS, TO EITHER AN INCREASE IN PAY FOR CONTINUOUS SERVICE OR UNDER GENERAL ORDER NO. 34.

AS THE ACT OF JULY 1, 1918, GIVES TO MEMBERS OF THE NAVAL RESERVE FORCE HOLDING ENLISTED RATINGS, WHEN ON ACTIVE DUTY, THE SAME PAY AS ENLISTED MEN OF THE REGULAR NAVY OF LIKE LENGTH OF SERVICE, I CONCLUDE THAT ALL PERIODS OF ACTIVE SERVICE, WHETHER IN AN ORIGINAL ENROLLMENT OF FOUR YEARS OR IN A REENROLLMENT, MAY BE COUNTED IN DETERMINING LIKE LENGTH OF SERVICE FOR ACTIVE DUTY IN A SECOND ENROLLMENT FOR PURPOSES OF GENERAL ORDER NO. 34 PAY, AND SIMILARLY FOR CONTINUOUS-SERVICE PAY, PROVIDED THE REENROLLMENT OCCURRED WITHIN THE FOUR MONTHS.

THE MERE REENROLLMENT WITHIN FOUR MONTHS OF THE DATE OF DISCHARGE FROM A PRIOR ENROLLMENT WILL NOT OF ITSELF CONFER A RIGHT TO $1.50 INCREASE OF PAY FOR CONTINUOUS SERVICE OR $5.50 UNDER GENERAL ORDER NO. 34. SUCH A RIGHT CAN BE ACQUIRED ON DATE OF THE REENROLLMENT ONLY WHEN THERE WAS ACTIVE SERVICE OF FOUR YEARS IN THE PRIOR ENROLLMENT.

THE RIGHT CAN, HOWEVER, BE ACQUIRED TO GENERAL ORDER NO. 34 PAY IN THE REENROLLMENT PERIOD WHEN THE TOTAL OF ACTIVE SERVICE IN THE PRIOR ENROLLMENT OF FOUR YEARS ADDED TO THE TOTAL OF ACTIVE SERVICE IN THE REENROLLMENT GIVES A TOTAL OF ACTIVE SERVICE IN EXCESS OF FOUR YEARS, AND LIKEWISE TO CONTINUOUS-SERVICE PAY, PROVIDED THE REENROLLMENT OCCURRED WITHIN THE FOUR-MONTHS' PERIOD, IN WHICH EVENT THE INCREASES ARE PAYABLE FOR THE PERIOD OF ACTIVE SERVICE IN EXCESS OF THE FOUR YEARS.