AUGUST 17, 1921, 1 COMP. GEN. 77

AUGUST 17, 1921, 1 COMP. GEN. 77

RETAINER PAY - FLEET NAVAL RESERVE ENLISTED MEN WHO ENTER THE FLEET NAVAL RESERVE BY TRANSFER FROM THE REGULAR NAVY ARE LIMITED BY THE ACT OF AUGUST 29, 1916, 39 STAT., 590, TO RETAINER PAY COMPUTED UPON THE BASE PAY THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE PLUS ALL PERMANENT ADDITIONS, AND ARE NOT ENTITLED, THEREFORE, TO COUNT FOR RETAINER PAY PURPOSES PREVIOUS SERVICE IN THE MARINE CORPS FOR WHICH THEY WERE NOT ENTITLED TO CREDIT IN COMPUTING THEIR PAY WHILE IN THE REGULAR NAVY.

COMPTROLLER GENERAL MCCARL TO COMMANDER L. W. JENNINGS, JR., UNITED STATES NAVY, AUGUST 17, 921:

BY REFERENCE OF THE JUDGE ADVOCATE GENERAL, YOUR LETTER OF JUNE 20, 1921, ADDRESSED TO THE COMPTROLLER OF THE TREASURY, WAS RECEIVED BY THIS OFFICE JULY 23, 1921, FOR DECISION UPON THE MATTER THEREIN STATED AS FOLLOWS:

GEORGE AUGUST SHUMACHER, CHIEF MACHINIST'S MATE, WAS TRANSFERRED TO THE FLEET NAVAL RESERVE ON 8 JANUARY, 1918, AFTER SERVICE AS FOLLOWS:

U.S. MARINE CORPS:

DECEMBER 4, 1901, TO DECEMBER 3, 1905. U.S. NAVY:

FEBRUARY 24, 1906, TO FEBRUARY 23, 1910.

FEBRUARY 24, 1910, TO JANUARY 8, 1914.

JANUARY 9, 1914, TO JANUARY 8, 1918.

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

"SERVICE IN THE NAVY, MARINE CORPS, NATIONAL NAVAL VOLUNTEERS, AND NAVAL MILITIA SHALL BE COUNTED AS CONTINUOUS SERVICE IN THE NAVAL RESERVE FORCE, BOTH, FOR THE PURPOSE OF RETIREMENT AND OF COMPUTING RETAINER PAY.'

IT IS REQUESTED THAT I BE ADVISED WHETHER IN COMPUTING HIS RETAINER PAY, I AM AUTHORIZED TO CREDIT THE ABOVE-NAMED MAN WITH THE INCREASE PROVIDED BY ARTICLE 4427 (23), NAVY REGULATIONS, 1913, ON ACCOUNT OF HIS ENLISTMENT IN THE NAVY ON 24 FEBRUARY, 1906, FOLLOWING HIS DISCHARGE FROM THE MARINE CORPS, ON 3 DECEMBER, 1905.

THE ACT OF AUGUST 29, 1916, 39 STAT., 590, PROVIDES:

MEMBERS OF THE FLEET NAVAL RESERVE WHO HAVE, WHEN TRANSFERRED TO THE FLEET NAVAL RESERVE, COMPLETED NAVAL SERVICE OF SIXTEEN OR TWENTY OR MORE YEARS SHALL BE PAID A RETAINER AT THE RATE OF ONE-THIRD AND ONE HALF RESPECTIVELY, OF THE BASE PAY THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE PLUS ALL PERMANENT ADDITIONS THERETO: * * *

IT WILL THUS BE SEEN THAT THE RETAINER PAY OF A "TRANSFERRED" MEMBER OF THE FLEET NAVAL RESERVE IS COMPUTED, AS TO "PERMANENT ADDITIONS," ON THOSE HE WAS ENTITLED TO AS A MEMBER OF THE REGULAR NAVY ON DATE OF TRANSFER.

IN 27 COMP. DEC., 845, IT WAS HELD, QUOTING FROM THE SYLLABUS:

ENLISTED MEN OF THE NAVY ARE NOT ENTITLED TO CREDIT FOR PRIOR SERVICE IN THE MARINE CORPS IN COMPUTING CONTINUOUS-SERVICE PAY * * *

AS SHUMACHER WAS NOT, AS AN ENLISTED MAN OF THE REGULAR NAVY, ENTITLED TO CONTINUOUS SERVICE PAY BY REASON OF HIS SERVICE IN THE MARINE CORPS, HE WAS NOT ON DATE OF TRANSFER IN RECEIPT OF A ,PERMANENT ADDITION" OF $1.50 PER MONTH BY REASON THEREOF.

THE PROVISION FROM THE ACT OF JULY 1, 1918, QUOTED IN YOUR LETTER, IS TAKEN FROM A PARAGRAPH WHICH FROM ITS GENERAL APPLICATION AS WELL AS ITS OPENING AND CLOSING SENTENCES, SHOWS, BY EXCEPTING "TRANSFERRED" MEMBERS OF THE FLEET NAVAL RESERVE, THAT THE WHOLE PARAGRAPH RELATES TO ,ENROLLED" MEMBERS. IT HAS ALSO BEEN HELD BY THE COMPTROLLER OF THE TREASURY THAT THE RESTRICTION ON ELIGIBILITY FOR RETIREMENT DOES NOT APPLY TO "TRANSFERRED" MEMBERS.

FURTHERMORE, LENGTH OF SERVICE IN THE NAVAL RESERVE FORCE DOES NOT ENTER INTO THE COMPUTATION OF RETAINER PAY OF "TRANSFERRED" MEMBERS OF THE FLEET NAVAL RESERVE.

YOU ARE ACCORDINGLY ADVISED THAT CHIEF MACHINIST'S MATE SHUMACHER IS NOT ENTITLED IN COMPUTING HIS RETAINER PAY TO CREDIT FOR THE INCREASE PROVIDED BY ARTICLE 4427 (23), NAVAL REGULATIONS, 1913, ON ACCOUNT OF THE ENLISTMENT IN QUESTION.