B-53608, MARCH 29, 1946, 25 COMP. GEN. 680

B-53608, MARCH 29, 1946, 25 COMP. GEN. 680

PAY - SERVICE CREDITS - COAST AND GEODETIC SURVEY SERVICE THE COAST AND GEODETIC SURVEY HAVING NO ENLISTED FORCE SERVING ON BOARD ITS VESSELS, SERVICE PERFORMED ON BOARD SUCH VESSELS UNDER "SHIPPING ARTICLES" OR CIVIL SERVICE LAWS AND REGULATIONS MAY NOT BE REGARDED AS "ENLISTED" SERVICE WITHIN THE MEANING OF SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WHICH MAY BE COUNTED BY AN ENLISTED MEMBER OF THE COAST GUARD RESERVE FOR PAY PURPOSES. 24 COMP. GEN. 829, AMPLIFIED.

ASSISTANT COMPTROLLER GENERAL YATES TO KING AND KING, ATTORNEYS AT LAW, MARCH 29, 1946:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31, 1945, REQUESTING REVIEW OF THE DISALLOWANCE ON OCTOBER 30, 1945, OF A CLAIM OF CHRISTIAN FRITZ, CHIEF BOATSWAIN'S MATE, UNITED STATES COAST GUARD RESERVE, FOR LONGEVITY PAY FROM SEPTEMBER 7, 1942, DATE OF ENLISTMENT IN THE COAST GUARD RESERVE. THE FOLLOWING STATEMENT WAS SUBMITTED IN SUPPORT OF THE CLAIM:

CHART

DEPARTMENT OF COMMERCE,

U.S. COAST AND GEODETIC SURVEY,

WASHINGTON, JANUARY 8, 1943.

FRITZ, CHRISTIAN, BORN 2 JUNE, 1906

NATURE OF ACTION POSITION AND EFFECTIVE DEPARTMENT OR

GRADE DATE ESTABLISHMENT A. UNCL ------------ COMMON LABORER -- 4-12-26 NAVY YARD, PEARL RES. W.O. PREJ. (VOL.) ------------------ 6-26-26 HARBOR, T.H. ENLISTED ------- ----- SEAMAN, A.B. ---- 5-17-26 COMMERCE--- U.S.C. GEN. PAY INCR -- ----- SEAMAN, A.B. ---- 7- 1-26 AND G SURVEY-FLD. DISCH. W.O. PREJ. (EXP. ----------------- 5-16-27

OF ENL. .) ENLISTED ------------- SEAMAN, A.B. ---- 11- 1-27 PRO --- --- ----------- QUARTERMASTER 2ND 7-20-28

CL. CONT. SERVE. INCR ----- QUARTERMASTER 2ND 11-1-28

CL. REDUCED -------------- SEAMAN, A.B. ---- 5-15 29 C.S.I -------------- -- SEAMAN, A.B. ---- 11- 1-29 PRO -------------- --- QUARTERMASTER 2ND 3- 24-30

CL. RES. W.O. PREJ. (VOL.) ------------------ 4- 3-30 ENLISTED --------- ---- QUARTERMASTER 2ND 4- 8-30

CL. RES. W.O. ------------ QUARTERMASTER 2ND4-26-30

CL. ENLISTED ------------- SEAMAN, A.B. ---- 4-28-30 PRO ---------------- -- COXSWAIN --------- 9- 1-30 C.S.I ------ --------- COXSWAIN --------- 4- 28-31 REDUCED -------------- SEAMAN, A.B. ---- 11- 4-31 PRO -------------- ---- QUARTERMASTER ST 4-13-32

CL. C.S.I ---------------- QUARTERMASTER ST 4-28-32

CL. C.S.I ---------------- QUARTERMASTER ST7- 1-35 CLASS F.O. 7916 ------ QUARTERMASTER ST 12- 1-39

CL. GEN. PAY INCR -------- QUARTERMASTER ST 7- 1 41

CL. PRO ------------------ BOATSWAIN -------- 9-20-41 RES. W.O. PREJ ---- ----------------------1 9-27-42 1 ENLISTED IN THE USCGR 9-7-42.

CERTIFIED TO BE A TRUE COPY.

(S.) B.A. SHAW,

B.A. SHAW,

CHIEF, ENLISTED RECORDS.

CERTIFIED TO BE A TRUE COPY.

(A).ALEXANDER STANDISH,

ALEXANDER STANDISH,

LIEUT. USCG. LONGEVITY PAY WAS CLAIMED ON THE BASIS OF "15 YEARS' AND 10 MONTHS' SERVICE IN THE COAST AND GEODETIC SURVEY.'

THE ACT OF JUNE 16, 1942, EFFECTIVE JUNE 1, 1942, 56 STAT. 359, IS ENTITLED,"1AN ACT TO READJUST THE PAY AND ALLOWANCES OF PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY AND PUBLIC HEALTH SERVICE.' SECTION 9 OF THE SAID ACT, 56 STAT. 363, PROVIDES:

THE MONTHLY BASE PAY OF ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD SHALL BE AS FOLLOWS: ENLISTED MEN OF THE FIRST GRADE, $138; ENLISTED MEN OF THE SECOND GRADE, $114; ENLISTED MEN OF THE THIRD GRADE, $96; ENLISTED MEN OF THE FOURTH GRADE, $78; ENLISTED MEN OF THE FIFTH GRADE, $66; ENLISTED MEN OF THE SIXTH GRADE, $54; AND ENLISTED MEN OF THE SEVENTH GRADE, $50. CHIEF PETTY OFFICERS UNDER ACTING APPOINTMENT SHALL BE INCLUDED IN THE FIRST GRADE AT A MONTHLY BASE PAY OF $126.

FOR PURPOSES OF PAY ENLISTED MEN OF THE ARMY, THE NAVY, AND THE MARINE CORPS, AND THE COAST GUARD SHALL BE DISTRIBUTED IN THE SEVERAL PAY GRADES BY THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, AND THE SECRETARY OF THE TREASURY, RESPECTIVELY.

EVERY ENLISTED MAN PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS GRADE FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS. SUCH SERVICE SHALL BE ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE.

IT WILL BE NOTED THAT THE ABOVE SECTION DOES NOT APPLY TO THE COAST AND GEODETIC SURVEY, INDICATING THAT THERE WERE NO ENLISTED MEN IN THAT ORGANIZATION.

SECTION 14 OF THE SAID PAY READJUSTMENT ACT, 56 STAT. 367, PROVIDES IN PART:

OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY, NAVY, MARINE CORPS, COAST GUARD, OR PUBLIC HEALTH SERVICE.

SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, EFFECTIVE JUNE 1, 1942, PROVIDES IN PART:

THAT THE PAY READJUSTMENT ACT OF 1942 IS HEREBY AMENDED BY AMENDING SECTION 3A THEREOF, AS ADDED BY SECTION 3 OF THE ACT OF DECEMBER 2, 1942 ( PUBLIC LAW 785, SEVENTY-SEVENTH CONGRESS). TO READ AS FOLLOWS:

"1SEC. 3A. IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF PERSONS PAID UNDER THE PROVISIONS OF SECTION 1, 3, 8 OR 9 OF THIS ACT, SUCH PERSONS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY THE SECTION UNDER WHICH THEY ARE PAID, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD COMMISSIONS AS OFFICERS OR HELD APPOINTMENTS AS WARRANT OFFICERS OR ARMY FIELD CLERKS OR AS COMMISSIONED WARRANT OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE REGULAR ARMY RESERVE, OR IN THE MEDICAL RESERVE CORPS OF THE NAVY, THE DENTAL RESERVE CORPS OF THE NAVY, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL GUARD OF THE UNITED STATES, OR IN THE ENLISTED RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY, OR IN THE COAST AND GEODETIC SURVEY AS AUTHORIZED BY SECTION 2 (B) OF THE ACT OF JANUARY 18, 1942 (56 STAT. 6).

THE REQUEST FOR REVIEW STATES IN PART:

THE ACT OF SEPTEMBER 7, 1944, DOES NOT DEFINE "ENLISTED" SERVICE. MERELY USES THE TERM ENLISTED. IT MAY WELL BE THAT SERVICE AS A SEAMAN, QUARTERMASTER, COXSWAIN AND BOATSWAIN IN THE COAST AND GEODETIC SURVEY DIFFERS IN MANY RESPECTS FROM SERVICE IN THOSE GRADES IN THE REGULAR ARMY AND NAVY. HOWEVER, THE COAST AND GEODETIC SURVEY DESIGNATES SUCH SERVICE AS ENLISTED SERVICE, AND THE CLAIMANT'S SERVICE RECORD SHOWS THAT HE ENLISTED AT VARIOUS TIMES IN THOSE GRADES, AND SERVED TERMS OF ENLISTMENT, FROM WHICH HE WAS HONORABLY DISCHARGED IN THOSE GRADES. THAT SHOULD BE SUFFICIENT UNDER THE TERMS OF THE ACT. CERTAINLY, WHERE THE ACT SPECIFIES THAT CREDIT SHALL BE GIVEN FOR ENLISTED SERVICE, AND THE SERVICE CONCERNED DESIGNATES THE CLAIMANT'S SERVICE AS ENLISTED SERVICE, WE FAIL TO SEE WHEREIN YOU HAVE THE AUTHORITY TO SAY THAT IT IS NOT ACTUAL ENLISTED SERVICE, SIMPLY BECAUSE IT DIFFERS IN SOME RESPECTS FROM SERVICE IN THE ARMY OR THE NAVY.

THE QUESTION INVOLVED WAS CONSIDERED IN DECISION OF MAY 18, 1945, 24 COMP. GEN. 829, WHERE IT WAS HELD, QUOTING THE SYLLABUS:

SERVICE AS A SEAMAN, FIREMAN, OILER AND ASSISTANT TO ENGINEER, SECOND CLASS, IN THE COAST AND GEODETIC SURVEY UNDER "SHIPPING ARTICLES" IS NOT "ENLISTED" SERVICE WITHIN THE MEANING OF SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WHICH MAY BE COUNTED BY A NAVAL RESERVE OFFICER FOR PAY PURPOSES.

IT WAS SAID IN THAT DECISION:

PRIOR TO THE SAID AMENDMENT OF SEPTEMBER 7, 1944, ONLY SERVICE AS A COMMISSIONED OFFICER OR SERVICE AS A "DECK OFFICER" OR "JUNIOR ENGINEER" IN EXCESS OF ONE YEAR IN THE COAST AND GEODETIC SURVEY WAS AUTHORIZED TO BE CREDITED IN THE COMPUTATION OF THE LONGEVITY PAY OF A NAVAL RESERVE OFFICER. DECISIONS B-35497, NOVEMBER 10, 1943 AND B 33809, JUNE 5, 1943. SECTION 1 OF THE ACT OF SEPTEMBER 7, 1944, SUPRA, AUTHORIZED THE CREDITING FOR PAY PURPOSES OF ALL PERIODS DURING WHICH PERSONS PAID UNDER THE PROVISIONS OF SECTIONS 1, 3, 8, OR 9 OF THE PAY READJUSTMENT ACT WERE ,ENLISTED" OR HELD COMMISSION AS OFFICERS OR WARRANT OFFICERS, OR APPOINTMENTS AS WARRANT OFFICERS, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT. THE COAST AND GEODETIC SURVEY IS ONE OF THE SERVICES MENTIONED IN THE TITLE OF THE PAY READJUSTMENT ACT OF 1942, BUT IN VIEW OF THE SPECIFIC ENUMERATION OF THE SERVICES TO BE COUNTED, IT DOES NOT FOLLOW THAT ALL SERVICE IN THE COAST AND GEODETIC SURVEY MAY BE CREDITED IN THE COMPUTATION OF LONGEVITY PAY. THE STATUTE SPECIFICALLY LIMITS THE SERVICE WHICH MAY BE CREDITED IN THE COMPUTATION OF LONGEVITY PAY TO ENLISTED, WARRANT, OR COMMISSIONED SERVICE. THE WORD "ENLISTED" OR "ENLISTMENT" AS USED IN LAWS RELATING TO THE MILITARY AND NAVAL SERVICE HAS A TECHNICAL AND WELL-DEFINED MEANING. AN ENLISTMENT IS NOT ONLY A CONTRACT, BUT IT AFFECTS A CHANGE IN A PERSON'S STATUS; THE PERSONS RELATIONS TO THE STATE AND PUBLIC ARE CHANGED AND HE ACQUIRES A NEW STATUS WITH CORRELATIVE RIGHTS AND DUTIES, AND ALTHOUGH HE MAY VIOLATE HIS CONTRACT OBLIGATIONS, HIS STATUS AS A MEMBER OF THE MILITARY AND NAVAL SERVICE IS UNCHANGED. SEE MORRISSEY V. PERRY, 34 L.1ED. 644, AND UNITED STATES V. GRIMELY, 34 L.1ED. 636, 638. PERSONS EMPLOYED FOR DUTY AS CREWS ON COAST AND GEODETIC SURVEY VESSELS IN THE CAPACITY OF SEAMAN, OILERS, ETC., ARE REQUIRED TO SIGN "SHIPPING ARTICLES" UNDER WHICH THEY AGREE TO SERVE FOR A PERIOD OF NOT TO EXCEED ONE YEAR, BUT SUCH SERVICE IS NOT ,ENLISTED" SERVICE WITHIN THE MEANING OF LAWS APPLICABLE TO THE MILITARY AND NAVAL FORCES. CREWS ON VESSELS OF THE COAST AND GEODETIC SURVEY WHO SIGNED "SHIPPING ARTICLES" DURING THE PERIOD OF YOUR CLAIM WERE NOT SUBJECT TO THE LAWS AND REGULATIONS APPLICABLE TO MILITARY AND NAVAL ERSONNEL; THEIR COMPENSATION WAS FIXED BY THE SECRETARY OF COMMERCE RATHER THAN BY LAWS APPLICABLE TO THE MILITARY AND NAVAL SERVICE; THEY COULD BE DISCHARGED AT THEIR OWN REQUEST AT ANY TIME AS PROVIDED IN THE SHIPPING ARTICLES. THUS, THEIR STATUS WAS NOT ESSENTIALLY DIFFERENT FROM THAT OF CIVILIAN PERSONNEL OF THE COAST AND GEODETIC SURVEY. SEE PARAGRAPH 70, ET SEQ., REGULATIONS COAST AND GEODETIC SURVEY, 1931.

THAT THERE IS NO ENLISTED SERVICE IN THE COAST AND GEODETIC SURVEY, WITHIN THE COMMON ACCEPTATION OF THAT TERM, IS CLEARLY SHOWN BY THE TESTIMONY OF ADMIRAL LEO O. COLBERT, DIRECTOR, UNITED STATES COAST AND GEODETIC SURVEY, BEFORE THE COMMITTEE ON THE MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, ON NOVEMBER 6, 1941, IN CONNECTION WITH H.R. 5837, 77TH CONGRESS. EXCERPTS FROM SAID TESTIMONY ARE QUOTED BELOW:

PAGE 7:

THE CHAIRMAN. WHO CONSTITUTE THE NONCOMMISSIONED PERSONNEL, AND HOW ARE THEY SECURED? ARE THEY ENLISTED, OR EMPLOYED, OR BY WHAT METHOD ARE THEY SECURED?

ADMIRAL COLBERT. WE HAVE NO ENLISTED MEN ON OUR SHIPS. ABOUT 60 PERCENT OF THE NONCOMMISSIONED PERSONNEL ARE IN THE CLASSIFIED SERVICE AND ARE SECURED THROUGH REGULAR CIVIL-SERVICE CHANNELS. MEN IN THE LOWER POSITIONS, SUCH AS SEAMEN AND MESS ATTENDANTS, ARE EMPLOYED UNDER A FORM OF SHIPMENT SIMILAR TO THAT IN THE MERCHANT MARINE. IT IS A CONTRACT OF SHIPMENT, WHICH WAS PREPARED BY THE SOLICITOR OF THE DEPARTMENT OF COMMERCE A NUMBER OF YEARS AGO. IN THE FIELD GROUP ASHORE, EMPLOYEES SUCH AS RECORDERS AND SURVEYORS, ARE UNDER CIVIL SERVICE. IN THE LOWER RANKS THEY ARE NOT ON CIVIL-SERVICE STATUS.

PAGE 15:

MR. HARRIS. HOW DO YOU RECRUIT YOUR ENLISTED MEN? DO YOU HAVE THEM ENLIST FOR A CERTAIN PERIOD OF SERVICE THE SAME AS THEY DO IN THE COAST GUARD AND IN THE ARMY?

ADMIRAL COLBERT. NO; THEY DO NOT ENLIST. WE USUALLY TAKE THEM INTO THE LOWER GRADES AND ADVANCE THEM AS WE FIND THOSE WHO ARE BEST FITTED FOR THE SERVICE. * * *

MR. HARRIS. WHEN YOU TAKE THEM IN DO THEY HAVE TO SERVE FOR ANY DEFINITE PERIOD OF TIME?

ADMIRAL COLBERT. THE FORM OF SHIPMENT WHICH WE HAVE PROVIDES THAT THEY MAY REQUEST A DISCHARGE AFTER 30 DAYS. THAT IS, THEY PUT IN A REQUEST FOR A DISCHARGE, AND THEY CAN GET IT AUTOMATICALLY IN 30 DAYS. SIMILARLY, IF THE GOVERNMENT IS GOING TO CUT DOWN ON THE PERSONNEL, WE WILL GIVE THEM 30 DAYS' NOTICE OF THEIR DISCHARGE BEFORE WE DISCHARGE THEM. I HAVE BEEN SPEAKING OF MEN IN THE LOWER GRADES, SUCH AS SEAMEN AND MESS ATTENDANTS. MEN IN THE HIGHER GRADES ARE UNDER CIVIL SERVICE AND THE REGULAR PROCEDURE OF THAT SERVICE IS FOLLOWED FOR SUCH EMPLOYEES. MR. HARRIS. WHEN THEY APPLY FOR A DISCHARGE, HOW LONG IS IT BEFORE THEY CAN GET IT IN NORMAL ROUTINE?

ADMIRAL COLBERT. ORDINARILY THEY GET IT IMMEDIATELY. SOMETIMES WE HOLD THEM FOR 30 DAYS, IN ORDER TO MAKE A REPLACEMENT, AND PARTICULARLY IF THEY ARE IN ALASKA, WE HOLD THEM LONG ENOUGH TO RECRUIT MEN FROM THE STATES TO TAKE THEIR PLACES.

PAGE 16: MR. HARRIS. DO YOU HAVE ANY RETIREMENT SYSTEM FOR THEM, SUCH AS THE NAVY AND THE COAST GUARD HAVE, AFTER A CERTAIN NUMBER OF YEARS' SERVICE?

ADMIRAL COLBERT. NO, ONLY THOSE WHO HAVE CIVIL-SERVICE STATUS HAVE RETIREMENT PRIVILEGES.

MR. HARRIS. IF A MAN GOES INTO YOUR SERVICE IN THE LOWER ENLISTED GRADES AND HE STAYS THERE AND WORKS UP TO SOMETHING COMPARABLE TO A C.P.O. IN THE NAVY, HE HAS NO RETIREMENT PRIVILEGE OR ALLOWANCE AT ALL?

ADMIRAL COLBERT. EXCEPT THAT HE IS ON CIVIL-SERVICE STATUS, AND HE HAS RETIREMENT UNDER THE CIVIL-SERVICE LAW.

MR. HARRIS. HOW DOES HE GET THAT?

ADMIRAL COLBERT. BECAUSE ALL OF OUR RATED POSITIONS IN THE SERVICE ARE CIVIL-SERVICE POSITIONS.

MR. HARRIS. WHAT ARE THE RESPECTIVE EMOLUMENTS OF A MAN IN YOUR SERVICE AS COMPARED WITH THOSE RECEIVED BY A MAN IN THE OTHER SERVICES?

ADMIRAL COLBERT. THAT IS, A COMMISSIONED OFFICER?

MR. HARRIS. NO; AN ENLISTED MAN.

ADMIRAL COLBERT. IN GENERAL I BELIEVE THAT OUR MEN IN THE LOWER GRADES RECEIVE MORE COMPENSATION WHILE THOSE IN THE HIGHER RATINGS RECEIVE LESS PAY THAN IN THE OTHER SERVICES.

MR. HARRIS. I AM JUST WONDERING WHY, WHEN YOU ARE CHANGING THAT, YOU DO NOT MAKE IT UNIFORM ALL THE WAY THROUGH AND PUT YOUR ENLISTED MEN ON THE SAME BASIS AS THOSE IN THE OTHER SERVICES.

ADMIRAL COLBERT. BUT, YOU SEE, MR. HARRIS, WE DO NOT HAVE AN ENLISTED FORCE. OUR PERSONNEL ARE ABOARD SHIPS AND ARE ON EITHER A CONTRACT OR CIVIL SERVICE STATUS.

PAGE 17:

ADMIRAL COLBERT. MR. CHAIRMAN, THE CREWS OF THE COAST AND GEODETIC SURVEY WHEN I FIRST ENTERED THE SERVICE WERE ENLISTED. THEY WERE ENLISTED FOR A PERIOD OF 3 YEARS. WHEN THE DEPARTMENT OF COMMERCE WAS FORMED IN 1913 THE COAST AND GEODETIC SURVEY WAS ONE OF THE BUREAUS WHICH WENT TO THAT DEPARTMENT. THE SECRETARY OF THE DEPARTMENT DID NOT CONSIDER IT DESIRABLE TO HAVE ENLISTED PERSONNEL IN THE DEPARTMENT, AND A FORM OF SHIPPING ARTICLES WAS DRAWN UP BY THE SOLICITOR OF THE DEPARTMENT AT HIS REQUEST. WE HAVE CONTINUED THESE SHIPPING ARTICLES IN HIRING OUR PERSONNEL SINCE THAT TIME.

PAGE 18:

ADMIRAL COLBERT. TO MAKE A CHANGE AT THIS TIME WOULD MEAN GIVING STUDY TO THE ENTIRE SITUATION. I HAVE SEVERAL TIMES THOUGHT THAT IT WOULD BE AN EXCELLENT THING IF WE COULD GET ENLISTED STATUS FOR OUR MEN, BUT I HAVE FOUND, ON INQUIRING OF MANY OF THEM, THEY DO NOT DESIRE IT. A GREAT MANY OF THEM ARE BETTER SATISFIED UNDER THE PRESENT STATUS WITH THE ADVANCEMENT THAT THERE HAS BEEN IN THE CIVIL-SERVICE STATUS AND THE OTHER THINGS THAT THEY DID NOT HAVE A FEW YEARS AGO.

MR. BONNER. WHEN A SHIP IS TRANSFERRED TO THE NAVY, THESE ENLISTED MEN ARE AUTOMATICALLY TRANSFERRED INTO THE NAVY; THEY DO NOT HAVE ANY CHOICE ABOUT IT AT ALL, DO THEY?

ADMIRAL COLBERT. YES, SIR; THEY DO.

MR. BONNER. THAT IS WHAT I WANTED TO FIND OUT.

ADMIRAL BONNER. THE LAW PRESCRIBES THAT REGULATIONS SHALL BE PREPARED BY THE THREE SECRETARIES, THE SECRETARY OF THE NAVY, THE SECRETARY OF WAR, AND THE SECRETARY OF COMMERCE, AND UNDER THOSE REGULATIONS WE ARRANGE THE PROCEDURE OF ANY PERSONNEL TRANSFER.

IF THE SEAMEN DO NOT DESIRE TO ENLIST IN THE NAVY OR TO SIGN ON IN THE NAVAL RESERVE, THEY DO NOT HAVE TO DO THAT, AND IT IS UP TO US TO FIND A PLACE FOR THEM. * * *

PAGE 19:

ADMIRAL COLBERT. WE CHANGE OUR WAGE SCALES AS THE WAGE SCALES CHANGE IN THE MERCHANT MARINE, AND KEEP ON A PARITY WITH THOSE SCALES.

ALL OF THE SERVICE IN THE COAST AND GEODETIC SURVEY FOR WHICH LONGEVITY CREDIT IS HERE CLAIMED WAS SUBSEQUENT TO THE YEAR 1913. THUS IT IS EVIDENT THAT, DESPITE THE USE OF THE WORD "ENLISTED" IN THE ADMINISTRATIVE STATEMENT OF THE CLAIMANT'S SERVICE IN THE COAST AND GEODETIC SURVEY TO DENOTE THE BEGINNING OF HIS EMPLOYMENT IN THAT ORGANIZATION ON SEVERAL OCCASIONS BETWEEN MAY 17, 1926, AND SEPTEMBER 27, 1942, SUCH EMPLOYMENT DID NOT LEGALLY CONSTITUTE "ENLISTED" SERVICE WITHIN THE LONGEVITY PAY PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED.

IT FOLLOWS THAT THE DISALLOWANCE OF THE CLAIM FOR LONGEVITY PAY, BASED UPON ALLEGED ENLISTED SERVICE IN THE COAST AND GEODETIC SURVEY WAS PROPER AND, UPON REVIEW, THE DISALLOWANCE IS SUSTAINED.