FEBRUARY 7, 1924, 3 COMP. GEN. 485

FEBRUARY 7, 1924, 3 COMP. GEN. 485

NAVY PAY - LONGEVITY - CREDIT FOR SERVICE IN OFFICERS' RESERVE CORPS OF ARMY AN OFFICER OF THE NAVY IN THE SERVICE ON JUNE 30, 1922, MAY COUNT FOR LONGEVITY PAY PURPOSES UNDER THE JOINT SERVICE PAY ACT, 42 STAT., 627, ALL ACTIVE SERVICE AS AN OFFICER OF THE OFFICERS' RESERVE CORPS OF THE ARMY, BUT MAY NOT COUNT INACTIVE SERVICE IN THAT CORPS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 7, 1924:

I HAVE YOUR REQUEST FOR A DECISION AS FOLLOWS:

LIEUT. LEONARD M. DESMOND (D.C.), U.S.N., WAS COMMISSIONED IN THE MEDICAL RESERVE CORPS OF THE UNITED STATES ARMY 29 AUGUST, 1917; CALLED TO ACTIVE DUTY 23 AUGUST, 1918; AND SERVED ON ACTIVE DUTY UNTIL 6 SEPTEMBER, 1919.

YOUR DECISION IS REQUESTED AS TO THE PORTION OF THE ABOVE SERVICE WHICH IS TO BE COUNTED IN COMPUTING LONGEVITY PAY UNDER THE ACT OF 10 JUNE, 1922.

THE NAVAL REGISTER OF JANUARY 1, 1923, GIVES FEBRUARY 9, 1921, AS THE DATE OF LIEUTENANT DESMOND'S APPOINTMENT TO THE NAVY.

THE ACT OF JUNE 10, 1922, 42 STAT., 627, PROVIDES:

FOR OFFICERS IN THE SERVICE ON JUNE 30, 1922, THERE SHALL BE INCLUDED IN THE COMPUTATION ALL SERVICE WHICH IS NOW COUNTED IN COMPUTING LONGEVITY PAY, AND SERVICE AS A CONTRACT SURGEON SERVING FULL TIME; AND ALSO 75 PERCENTUM OF ALL OTHER PERIODS OF TIME DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF THE ORGANIZED MILITIA BETWEEN JANUARY 21, 1903, AND JULY 1, 1916, OR OF THE NATIONAL GUARD, THE NAVAL MILITIA, OR THE NATIONAL NAVAL VOLUNTEERS SINCE JUNE 3, 1916, AND SERVICE AS A CONTRACT SURGEON SERVING FULL TIME, SHALL BE INCLUDED IN THE COMPUTATION.

SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT., 604, PROVIDES IN PART:

THAT HEREAFTER LONGEVITY PAY FOR OFFICERS IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE, AND COAST AND GEODETIC SURVEY SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES.

WHAT SHALL CONSTITUTE "THE TOTAL OF ALL SERVICE" IN ANY ONE OF SAID SERVICES IS CONTROLLED BY THE LAWS RELATIVE TO THAT BRANCH IN WHICH THE SERVICE WAS RENDERED; THAT IS, AN OFFICER OF THE N-AVY IS ENTITLED TO COUNT ONLY SUCH FORMER ARMY SERVICE AS COULD BE COUNTED BY AN OFFICER OF THE ARMY. 3 COMP. GEN., 360.

AS SECTION 37 OF THE ACT OF JUNE 3, 1916, 39 STAT., 190, PROVIDED THAT "ONE YEAR AFTER THE PASSAGE OF THIS ACT THE MEDICAL RESERVE CORPS, AS NOW CONSTITUTED BY LAW, SHALL CEASE TO EXIST," INQUIRY HAS BEEN MADE OF THE WAR DEPARTMENT AND REPORT RECEIVED THAT THE COMMISSION GIVEN LIEUTENANT DESMOND AUGUST 29, 1917, WAS IN THE DENTAL SECTION OF THE OFFICERS' RESERVE CORPS OF THE REGULAR ARMY CREATED BY SAID SECTION 37 OF THE ACT OF JUNE 3, 1916, AND THAT THE ACTIVE DUTY PERFORMED BY HIM WAS AT BASE HOSPITAL, CAMP ZACHARY TAYLOR.

BY SECTION 1 OF THE ACT OF JUNE 3, 1916, 39 STAT., 166, THE "OFFICERS' RESERVE CORPS" IS EXPRESSLY MENTIONED AS INCLUDED IN THE "ARMY OF THE UNITED STATES.' SEE ALSO SECTION 1, ACT OF JUNE 4, 1920, 41 STAT., 759.

SECTIONS 37 AND 38 OF SAID ACT OF JUNE 3, 1916, 39 STAT., 189, 190, FURTHER PROVIDE AS TO THE OFFICERS' RESERVE CORPS, AS FOLLOWS:

SEC. 37. * * * FOR THE PURPOSE OF SECURING A RESERVE OF OFFICERS AVAILABLE FOR SERVICE AS TEMPORARY OFFICERS IN THE REGULAR ARMY, AS PROVIDED FOR IN THIS ACT AND IN SECTION EIGHT OF THE ACT APPROVED APRIL TWENTY-FIFTH, NINETEEN HUNDRED AND FOURTEEN * * * THERE SHALL BE ORGANIZED, UNDER SUCH RULES AND REGULATIONS AS THE PRESIDENT MAY PRESCRIBE NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT, AN OFFICERS' RESERVE CORPS OF THE REGULAR ARMY. SAID CORPS SHALL CONSIST OF SECTIONS CORRESPONDING TO THE VARIOUS ARMS, STAFF CORPS, AND DEPARTMENTS OF THE REGULAR ARMY. * * *.

SEC. 38. * * * IN TIME OF ACTUAL OR THREATENED HOSTILITIES THE PRESIDENT MAY ORDER OFFICERS OF THE OFFICERS' RESERVE CORPS, * * * TO TEMPORARY DUTY WITH THE REGULAR ARMY * * *. WHILE SUCH RESERVE OFFICERS ARE ON SUCH SERVICE THEY SHALL, BY VIRTUE OF THEIR COMMISSIONS AS RESERVE OFFICERS, EXERCISE COMMAND APPROPRIATE TO THEIR GRADE AND RANK IN THE ORGANIZATIONS TO WHICH THEY MAY BE ASSIGNED, AND SHALL BE ENTITLED TO THE PAY AND ALLOWANCES OF THE CORRESPONDING GRADES IN THE REGULAR ARMY, WITH INCREASE OF PAY FOR LENGTH OF ACTIVE SERVICE, AS ALLOWED BY LAW FOR OFFICERS OF THE REGULAR ARMY, FROM THE DATE UPON WHICH THEY SHALL BE REQUIRED BY THE TERMS OF THEIR ORDERS TO OBEY THE SAME. * * *.

FOR VARIOUS STATUTES BEARING ON THE QUESTION OF THE COUNTING BY OFFICERS OF THE ARMY OF SERVICE FOR LONGEVITY SEE SECTION 1262, REVISED STATUTES; SECTION 7, ACT OF JUNE 18, 1878, 20 STAT., 150; ACTS OF FEBRUARY 24, 1881, 21 ID., 346; JUNE 30, 1882, 22 ID; 118; MARCH 3, 1883, 22 ID., 473; JULY 9, 1918, 40 ID., 875; AND JUNE 4, 1920, 41 ID. 785, 772.

OF SUCH STATUTES THE ACT OF MARCH 3, 1883, PROVIDED:

AND ALL OFFICERS OF THE NAVY SHALL BE CREDITED WITH THE ACTUAL TIME THEY MAY HAVE SERVED AS OFFICERS OR ENLISTED MEN IN THE REGULAR OR VOLUNTEER ARMY OR NAVY, OR BOTH, AND SHALL RECEIVE ALL THE BENEFITS OF SUCH ACTUAL SERVICE IN ALL RESPECTS IN THE SAME MANNER AS IF ALL SAID SERVICE HAD BEEN CONTINUOUS AND IN THE REGULAR NAVY IN THE LOWEST GRADE HAVING GRADUATED PAY HELD BY SUCH OFFICER SINCE LAST ENTERING THE SERVICE: * * *.

THE ACT OF JUNE 4, 1920, 41 STAT., 785, PROVIDED:

IN DETERMINING RELATIVE RANK AND INCREASE OF PAY FOR LENGTH OF SERVICE, AND, IN THE CASE OF OFFICERS OF THE REGULAR ARMY, IN DETERMINING RIGHTS OF RETIREMENT, ACTIVE DUTY PERFORMED WHILE UNDER APPOINTMENT FROM THE UNITED STATES GOVERNMENT, WHETHER IN THE REGULAR, PROVISIONAL, OR TEMPORARY FORCES, SHALL BE CREDITED TO THE SAME EXTENT AS SERVICE UNDER A REGULAR ARMY COMMISSION.

IT IS CONCLUDED THAT LIEUTENANT DESMOND, AS AN OFFICER OF THE NAVY IN THE SERVICE ON JUNE 30, 1922, MAY COUNT FOR LONGEVITY SERVICE IN THE COMPUTATION OF HIS PAY UNDER THE ACT OF JUNE 10, 1922, HIS ACTIVE SERVICE AS AN OFFICER OF THE OFFICERS' RESERVE COPRS OF THE ARMY FOR THE PERIOD FROM AUGUST 23, 1918, UNTIL SEPTEMBER 6, 1919, BUT MAY NOT COUNT ANY INACTIVE SERVICE UNDER SAID COMMISSION. SEE, IN THIS CONNECTION, 9 MS. COMP. GEN., 1499, MAY 19, 1922; 21 ID., 1059, MAY 24, 1923; 1 COMP. GEN., 75.