MARCH 29, 1923, 2 COMP. GEN. 608

MARCH 29, 1923, 2 COMP. GEN. 608

LONGEVITY PAY - SERVICE OF ENLISTED MEN OF THE NAVY AS EITHER TEMPORARY OR NAVAL RESERVE FORCE OFFICERS SERVICE OF ENLISTED MEN OF THE NAVY DURING THE WORLD WAR AS EITHER TEMPORARY OFFICERS OR AS OFFICERS OF THE NAVAL RESERVE FORCE WAS NOT "ENLISTED SERVICE" AND MAY NOT BE COUNTED IN COMPUTING THEIR LONGEVITY PAY UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT., 630.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 29, 1923:

I HAVE YOUR LETTER OF JANUARY 19, 1923, REQUESTING DECISION AS TO WHETHER ENLISTED MEN OF THE NAVY ARE ENTITLED TO COUNT SERVICE RENDERED BY THEM DURING THE WORLD WAR AS TEMPORARY OFFICERS OF THE NAVY OR AS OFFICERS IN THE NAVAL RESERVE FORCE IN COMPUTING THEIR LONGEVITY PAY UNDER THE PROVISION IN SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT., 630, AS FOLLOWS:

* * * IN LIEU OF ALL PERMANENT ADDITIONS TO PAY NOW AUTHORIZED FOR ENLISTED MEN OF THE NAVY AND COAST GUARD, THEY SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM ON THE BASE PAY OF THEIR RATING UPON COMPLETION OF THE FIRST FOUR YEARS OF ENLISTED SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM FOR EACH FOUR YEARS' SERVICE THEREAFTER, THE TOTAL NOT TO EXCEED 25 PERCENTUM.

UNDER THIS ENACTMENT ONLY ENLISTED SERVICE MAY BE COUNTED.

THE ACT OF MAY 22, 1917, 40 STAT., 85, AUTHORIZED THE APPOINTMENT OF ENLISTED MEN OF THE NAVY AS TEMPORARY OFFICERS IN THE NAVY, AND IN SECTION 7 THEREOF PROVIDED:

* * * THAT THE RIGHTS, BENEFITS, PRIVILEGES, AND GRATUITIES OF ALL ENLISTED MEN OF THE NAVY AND MARINE CORPS NOW AUTHORIZED BY LAW SHALL NOT BE LOST OR ABRIDGED IN ANY RESPECT WHATEVER BY THEIR ACCEPTANCE OF TEMPORARY COMMISSIONS OR WARRANTS HEREUNDER; * * *.

AND FURTHER THAT UPON TERMINATION OF THE TEMPORARY APPOINTMENTS THE ENLISTED MEN SHALL REVERT TO THE RATING FROM WHICH TEMPORARILY ADVANCED.

THE ACT OF JULY 11, 1919, 41 STAT., 141, PROVIDES:

ANY ENLISTED MAN OF THE NAVY OR MARINE CORPS WHO HAS BEEN OR MAY BE DISCHARGED TO ENABLE HIM TO ACCEPT APPOINTMENT AS A COMMISSIONED OR WARRANT OFFICER IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE, AND WHO REENLISTS IN THE NAVY OR MARINE CORPS AFTER THE TERMINATION OF HIS RESERVE SERVICE, SHALL BE ENTITLED, IN COMPUTING SERVICE FOR RETIREMENT, TO CREDIT FOR ALL ACTIVE RESERVE SERVICE; AND IF HE REENLISTS IN THE NAVY OR MARINE CORPS WITHIN FOUR OR THREE MONTHS, RESPECTIVELY, FROM THE DATE OF THE TERMINATION OF HIS SERVICE AS AN OFFICER OF THE RESERVE HE SHALL BE RESTORED TO THE GRADE OR RANK HELD BY HIM BEFORE BEING DISCHARGED TO ACCEPT SUCH COMMISSION OR WARRANT, AND HIS SERVICE IN THE REGULAR NAVY OR MARINE CORPS, INCLUDING HIS ACTIVE SERVICE IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE, SHALL BE REGARDED AS CONTINUOUS FOR PURPOSES OF CONTINUOUS-SERVICE PAY: * * *

ENLISTED SERVICE IS SERVICE RENDERED UNDER AND BY VIRTUE OF AN ENLISTMENT AS DISTINGUISHED FROM SERVICE RENDERED UNDER AND BY VIRTUE OF AN APPOINTMENT. THE SERVICE RENDERED BY AN ENLISTED MAN AS A TEMPORARY OFFICER OR AS AN OFFICER OF THE RESERVE WAS UNDER AND BY VIRTUE OF HIS APPOINTMENT AND NOT HIS ENLISTMENT. SERVICE AS A TEMPORARY OR RESERVE OFFICER IS THEREFORE NOT ENLISTED SERVICE.

THE EFFECT OF THE PROVISION IN THE ACT OF MAY 22, 1917, SUPRA., WAS THAT SUCH SERVICE AS A TEMPORARY OFFICER WAS TO BE TAKEN AND CONSIDERED AS THE EQUIVALENT OF ENLISTED SERVICE SO FAR AS IT AFFECTED THE RIGHTS, BENEFITS, PRIVILEGES, AND GRATUITIES OF SUCH ENLISTED MEN UNDER THE THEN EXISTING LAWS, BUT IT HAS NO APPLICATION TO RIGHTS AND BENEFITS CREATED BY SUBSEQUENT LAWS, WHICH ARE DETERMINED BY THE TERMS OF THE LAWS CREATING SUCH RIGHTS AND BENEFITS.

LIKEWISE, THE ACT OF JULY 11, 1919, HAD THE EFFECT OF PRESERVING THE CONTINUITY OF SERVICE OF AN ENLISTED MAN DISCHARGED TO ACCEPT AN APPOINTMENT IN THE NAVAL RESERVE FORCE WHO REENLISTED WITHIN FOUR MONTHS FROM THE TERMINATION OF HIS RESERVE SERVICE AND HIS RIGHT TO THE CONSEQUENT CONTINUOUS SERVICE PAY UNDER THE THEN EXISTING LAWS, BUT IT HAS NO APPLICATION AS TO WHAT SERVICE SHALL BE COUNTED FOR COMPUTING LONGEVITY PAY OF ENLISTED MEN IN THE NAVY UNDER THE ACT OF JUNE 10, 1922, WHICH IS NOT DEPENDENT UPON CONTINUOUS SERVICE.

I HAVE TO ADVISE THEREFORE THAT AS THE PRIOR SERVICE RENDERED BY AN ENLISTED MAN AS A TEMPORARY OFFICER OR AS AN OFFICER IN THE NAVAL RESERVE FORCE DURING THE WORLD WAR IS NOT "ENLISTED RVICE," SUCH SERVICE MAY NOT BE INCLUDED IN COMPUTING THE LONGEVITY PAY OF ENLISTED MEN IN THE NAVY UNDER THE ACT OF JUNE 10, 1922.