OCTOBER 23, 1923, 3 COMP. GEN. 243

OCTOBER 23, 1923, 3 COMP. GEN. 243

NAVAL RESERVE FORCE - RETAINER PAY ACTIVE SERVICE AND DRILLS ARE BOTH REQUIRED BEFORE A MEMBER OF THE NAVAL RESERVE FORCE BECOMES ENTITLED TO RETAINER PAY. THE DRILLS MUST BE PERFORMED AT THE RATE OF 36 DRILLS (OR EQUIVALENT DUTY) DURING EACH YEAR OF THE ENROLLMENT, AND WHILE THE ACTIVE DUTY MAY BE RENDERED AT ANY TIME DURING THE ENROLLMENT, RETAINER PAY FOR THE RESPECTIVE YEARS MUST BE WITHHELD UNTIL THE REQUIRED ACTIVE SERVICE (IN ADDITION TO THE DRILLS) HAS BEEN HAD; I.E., 15 DAYS FOR THE FIRST ENROLLMENT YEAR, AND 30, 45, AND 60 DAYS, RESPECTIVELY, FOR THE SUBSEQUENT ENROLLMENT YEARS, OR ALL IN ONE PERIOD OF TWO MONTHS.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 23, 1923:

ROY CLIFFORD RICKELL HAS REQUESTED REVIEW OF SETTLEMENT NO. N 251482, DATED APRIL 16, 1923, WHEREIN WAS DISALLOWED HIS CLAIM FOR ARREARS OF RETAINER PAY AS CHIEF ELECTRICIAN'S MATE, FLEET NAVAL RESERVE OF THE NAVAL RESERVE FORCE, FROM JULY 1, 1922, TO DECEMBER 31, 1922. THE CLAIM WAS DISALLOWED FOR THE REASON THAT CLAIMANT FAILED TO MAINTAIN EFFICIENCY BY ATTENDING THE REQUIRED NUMBER OF DRILLS.

ON MARCH 15, THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, REPORTED CLAIMANT'S NAVAL SERVICE TO HAVE BEEN AS FOLLOWS:

TABLE ENLISTED U.S. NAVY, JUNE 14, 1910 -------------------- DISCHARGED MAY 4,

1914. ENROLLED FLEET NAVAL RESERVE, JULY 25, 1917 ---------- RELEASED FROM

ACTIVE DUTY MARCH

27, 1919.

DISENROLLED JULY

24, 1921. REENROLLED, FLEET NAVAL RESERVE, SEPT. 10, 1921 ------ RELEASED FROM

ACTIVE DUTY

SEPT. 10, 1921. RECALLED TO ACTIVE DUTY FOR TRAINING AUGUST 27, 1922 - RELEASED FROM

ACTIVE DUTY SEPT.

11, 1922.

THE ACT OF JULY, 1, 1918, 40 STAT., 710, PROVIDES:

THAT THE MINIMUM ACTIVE SERVICE REQUIRED FOR MAINTAINING EFFICIENCY OF A MEMBER OF THE NAVAL RESERVE SHALL BE TWO MONTHS DURING EACH TERM OF ENROLLMENT AND ATTENDANCE OF NOT LESS THAN THIRTY-SIX DRILLS DURING EACH YEAR, OR OTHER EQUIVALENT DUTY. THE ACTIVE SERVICE MAY BE IN ONE PERIOD OR IN PERIODS OF NOT LESS THAN FIFTEEN DAYS EACH.

THE ACT OF JUNE 4, 1920, 41 STAT., 824, PROVIDES:

* * * THAT RETAINER PAY PROVIDED BY EXISTING LAW SHALL NOT BE PAID TO ANY MEMBER OF THE NAVAL RESERVE FORCE WHO FAILS TO TRAIN AS PROVIDED BY LAW DURING THE YEAR FOR WHICH HE FAILS TO TRAIN.

THE SAME ACT, AT PAGE 837, PROVIDES:

SEC. 9. THAT HEREAFTER THE SECRETARY OF THE NAVY MAY, IN HIS DISCRETION, WITHHOLD ANY PART OR ALL OF THE RETAINER PAY WHICH MAY BE DUE A MEMBER OF THE NAVAL RESERVE FORCE WHERE SUCH MEMBERS FAIL TO PERFORM SUCH DUTY AS MAY BE PRESCRIBED BY LAW FOR MAINTENANCE OF THE EFFICIENCY OF THE NAVAL RESERVE FORCE: * * * THAT HEREAFTER THE MINIMUM AMOUNT OF ACTIVE SERVICE REQUIRED FOR THE MAINTENANCE OF THE EFFICIENCY OF THE FLEET NAVAL RESERVE SHALL BE THE SAME AS FOR THE NAVAL RESERVE.

PRIOR TO DATE OF THE SETTLEMENT THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, REPORTED THAT---

THE RECORDS OF THE BUREAU SHOW THAT THERE HAVE BEEN NO DRILLS HELD IN NEBRASKA FOR SOME TIME, SO THAT THIS MAN HAS HAD NO WAY OF QUALIFYING FOR EFFICIENCY IN THE LAST FEW MONTHS.

CLAIMANT STATED THAT HE ATTENDED CONSOLIDATED DRILLS ON THE U.S.S.C. AT CHICAGO, ILL., AND IN REPLY TO A REQUEST FOR INFORMATION AS TO THE SERVICE EMBRACED BY SUCH CONSOLIDATED DRILLS AND WHETHER SUCH ATTENDANCE WAS CONSIDERED EQUIVALENT TO 36 DRILLS REQUIRED BY THE ACT OF JULY 1, 1918, THE BUREAU OF NAVIGATION FURTHER REPORTED AUGUST 11, 1923, AS FOLLOWS:

THE RECORDS OF THE BUREAU SHOW THE ABOVE NAMED MAN ATTENDED CONSOLIDATED DRILLS ON BOARD THE U.S.S.C. NO. 431 AT CHICAGO, ILLINOIS, AT HIS OWN EXPENSE IN LIEU OF THE THIRTY-SIX DRILLS REQUIRED BY THE ACT OF JULY 1, 1918, FROM SEPT. 12, 1922, TO SEPTEMBER 18, 1922.

THE ACT OF JULY 1, 1918, AS AMENDED BY THE ACT OF JUNE 4, 1920, QUOTED, PRESCRIBES THAT "ACTIVE SERVICE" AND "DRILLS" COMBINED SHALL BE REQUIRED BEFORE A MEMBER CAN BE HELD TO HAVE PERFORMED THE REQUIRED SERVICE TO MAINTAIN EFFICIENCY IN THE FLEET NAVAL RESERVE. THE ACTIVE SERVICE MAY BE IN ONE PERIOD OF NOT LESS THAN TWO MONTHS OR IN PERIODS OF NOT LESS THAN 15 DAYS EACH, WHILE THE ATTENDANCE AT NOT LESS THAN 36 DRILLS, OR OTHER EQUIVALENT DUTY, IS REQUIRED DURING EACH ENROLLMENT YEAR.

THE PROVISION IN SUCH ACT THAT THE ACTIVE SERVICE MAY BE IN PERIODS OF NOT LESS THAN 15 DAYS EACH MADE IT POSSIBLE FOR A RESERVIST TO QUALIFY FROM YEAR TO YEAR WITHOUT REQUIRING HIM TO QUALIFY IN THAT PARTICULAR FOR THE ENTIRE ENROLLMENT PERIOD AT ONE TIME. THE PERFORMANCE OF ACTIVE SERVICE AND THE ATTENDANCE OF DRILLS, AS REQUIRED BY LAW, IS MADE A CONDITION PRECEDENT TO THE PAYMENT OF RETAINER PAY BY THAT PART OF THE ACT OF JUNE 4, 1920, PRESCRIBING THAT RETAINER PAY "SHALL NOT BE PAID TO ANY MEMBER OF THE NAVAL RESERVE FORCE WHO FAILS TO TRAIN AS PRESCRIBED BY LAW DURING THE YEAR FOR WHICH HE FAILS TO TRAIN.' IT NECESSARILY FOLLOWS THAT THE MINIMUM ACTIVE SERVICE OF 15 DAYS FOR MAINTAINING EFFICIENCY AND AN ATTENDANCE AT NOT LESS THAN 36 DRILLS, OR OTHER EQUIVALENT DUTY, IS NECESSARY BEFORE PAYMENT OF RETAINER PAY CAN BE MADE FOR THE ENTIRE FIRST ENROLLMENT YEAR, BUT IT WOULD APPEAR THAT IF THE 15 DAYS, OR TWO MONTHS, ACTIVE DUTY FOR TRAINING IS COMPLETED DURING THE FIRST QUARTER OF THE FIRST ENROLLMENT YEAR, PAYMENT MAY BE MADE QUARTERLY, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, UPON AFFIRMATIVE EVIDENCE THAT THE PROPORTIONATE NUMBER OF DRILLS HAD BEEN ATTENDED FOR SUCH QUARTER. LEAST 30 DAYS' ACTIVE SERVICE FOR MAINTAINING EFFICIENCY, TOGETHER WITH AN ATTENDANCE OF AT LEAST 36 DRILLS, IS NECESSARY BEFORE PAYMENT MAY LEGALLY BE MADE FOR THE SECOND ENROLLMENT YEAR, OR QUARTERLY PAYMENTS MAY BE MADE AS INDICATED FOR THE FIRST ENROLLMENT YEAR, AND AT LEAST 45 AND 60 DAYS' ACTIVE SERVICE, TOGETHER WITH DRILLS AS INDICATED PREVIOUSLY, IS REQUIRED BEFORE PAYMENT IS LEGALLY DUE FOR THE THIRD AND FOURTH ENROLLMENT YEARS, RESPECTIVELY.

THERE APPEARS NOTHING TO SHOW THAT CLAIMANT ATTENDED ANY DRILLS DURING HIS FIRST ENROLLMENT YEAR ENDED SEPTEMBER 9, 1922. HOWEVER, HE DID HAVE 15 DAYS' ACTIVE SERVICE DURING SUCH PERIOD, AND IN VIEW OF HIS FAILURE TO MAINTAIN EFFICIENCY IN ACCORDANCE WITH EXISTING LAW, NO PAYMENT OF RETAINER PAY WAS AUTHORIZED DURING SUCH FIRST ENROLLMENT YEAR. DURING HIS SECOND ENROLLMENT YEAR IT IS SHOWN THAT HE ATTENDED CONSOLIDATED DRILLS IN LIEU OF THE 36 DRILLS REQUIRED BY LAW TO MAINTAIN EFFICIENCY, BUT THERE APPEARS NOTHING TO SHOW THAT HE HAD ANY ACTIVE SERVICE FOR TRAINING DURING THAT PERIOD. THE ACTIVE SERVICE FOR TRAINING MAY BE HAD ANY TIME DURING THE ENROLLMENT PERIOD, BUT UNTIL HE SHALL HAVE COMPLETED AT LEAST 30 DAYS' ACTIVE SERVICE, PAYMENT OF RETAINER PAY FOR ANY PART OF SUCH SECOND ENROLLMENT YEAR MUST BE WITHHELD.

IT APPEARS THAT $166.95 HAS BEEN PAID TO CLAIMANT BY THE NAVY ALLOTMENT OFFICE FOR THE PERIOD FROM JANUARY 1, 1923, TO JUNE 9, 1923. SUCH PAYMENTS AS HAVE HERETOFORE BEEN MADE WILL NOT NOW BE DISTURBED.