A-43204, JULY 29, 1932, 12 COMP. GEN. 137

A-43204, JULY 29, 1932, 12 COMP. GEN. 137

ECONOMY ACT - FLEET NAVAL RESERVE - RETIRED PAY OF NAVAL PERSONNEL ALL OFFICERS OF THE FLEET NAVAL RESERVE WHOSE MAXIMUM RATE OF COMPENSATION FOR ARMORY DRILLS, INCLUDING PAY FOR ATTENDING DRILLS OR OTHER APPROPRIATE DUTY, FOR ADMINISTRATIVE FUNCTIONS, OR FOR UNIFORM GRATUITY, CAN NOT EXCEED $1,000 PER ANNUM BECAUSE OF THE LIMITATIONS OF THE STATUTE UNDER WHICH SUCH PAYMENTS ARE AUTHORIZED, ARE EXEMPT FROM THE PROVISIONS OF THE ECONOMY ACT. SINCE THE ACT OF MAY 7, 1932, 47 STAT. 150, AUTHORIZING ADVANCEMENT IN RANK ON THE RETIRED LIST OF WARRANT OFFICERS AND ENLISTED MEN WHO SERVED DURING THE WORLD WAR OR THE SPANISH-AMERICAN WAR, DOES NOT AFFECT PAY STATUS, IT MAY BE DISREGARDED IN APPLYING THE PROVISIONS OF THE ECONOMY ACT. WHEN REDUCING RETIRED PAY AS REQUIRED BY SECTION 106 OF THE ECONOMY ACT, THAT OF ENLISTED MEN ENTITLED TO RETIRED PAY OF WARRANT OFFICERS BECAUSE OF COMMISSIONED SERVICE DURING THE WORLD WAR SHOULD NOT BE REDUCED BELOW THE AMOUNT THEY WOULD HAVE RECEIVED HAD THEY ONLY ENLISTED SERVICE. AS THE RETIRED LEADER OF THE NAVAL ACADEMY BAND IS ASSIMILATED TO A COMMISSIONED OFFICER FOR THE PURPOSE OF PAY, HIS RETIRED PAY IS REQUIRED TO BE REDUCED UNDER THE TERMS OF SECTION 106 OF THE ECONOMY ACT. WHEN A RETIRED ENLISTED MAN OF THE NAVY ALSO IS A RETIRED EMERGENCY OFFICER, HIS RETIRED PAY AND ALLOWANCES SHOULD BE PAID BY THE NAVY DEPARTMENT AS HERETOFORE, AND THE VETERANS' ADMINISTRATION, CHARGED WITH PAYING HIM AN AMOUNT WHICH, WHEN ADDED TO HIS RETIRED PAY AND ALLOWANCES AS AN ENLISTED MAN WILL EQUAL 75 PERCENT OF THE PAY HE WAS ENTITLED TO RECEIVE WHEN DISCHARGED FROM HIS WORLD WAR COMMISSIONED SERVICE (EXCEPT PAY UNDER THE ACT OF MAY 18, 1920), SHOULD MAKE A REDUCTION IN THAT AMOUNT EQUAL TO 8 1/3 PERCENT OF THE PAY HE WAS ENTITLED TO RECEIVE WHEN DISCHARGED FROM HIS COMMISSIONED SERVICE. SECTION 201 OF THE ECONOMY ACT DOES NOT PRECLUDE PAYMENT OF THE ALLOWANCE OF $15.75 A MONTH EITHER TO FLEET NAVAL RESERVISTS WHO ARE RETIRED UPON THE COMPLETION OF 30 YEARS' SERVICE AFTER JULY 1, 1932, OR TO SUCH RESERVISTS ON THE RETIRED LIST FOR PHYSICAL DISABILITY WHO COMPLETE 30 YEARS' SERVICE AFTER JULY 1, 1932.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 29, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 18, 1932, FORWARDING FOR DECISION A NUMBER OF QUESTIONS PRESENTED BY THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, INVOLVING THE APPLICATION OF THE PROVISIONS OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 382. YOU SUGGEST THAT A NUMBER OF THE QUESTIONS HAVE BEEN ANSWERED IN THE DECISION OF JULY 14, 1932, TO THE SECRETARY OF WAR, A 43204, 12 COMP. GEN. 37. SOME OF THE PRINCIPLES STATED IN SAID DECISION ARE FOR APPLICATION HERE, BUT NONE OF THE QUESTIONS NOW PRESENTED WAS SPECIFICALLY CONSIDERED AND ANSWERED IN THAT DECISION. THE NUMBERED PARAGRAPHS FROM 2 TO 10 WILL BE STATED AND CONSIDERED IN THE ORDER PRESENTED.

2. UNDER THE PROVISIONS OF THE U.S. CODE, TITLE 34, SECTION 782, OFFICERS OF THE FLEET NAVAL RESERVE BELOW THE RANK OF LIEUTENANT COMMANDER WHO ARE ATTACHED TO DIVISIONS ARE ENTITLED TO ONE DAY'S BASE PAY FOR EACH DRILL ATTENDED. THOSE WHO ARE NOT ATTACHED TO DIVISIONS ARE ENTITLED TO NOT MORE THAN FOUR DAYS' BASE PAY A MONTH FOR THE PERFORMANCE OF APPROPRIATE DUTY. OFFICERS ABOVE THE RANK OF LIEUTENANT ARE ENTITLED TO NOT MORE THAN $500.00 A YEAR FOR APPROPRIATE DUTY. IN ADDITION TO DRILL OR APPROPRIATE DUTY, ALL OFFICERS BELOW THE RANK OF CAPTAIN WHO ARE IN COMMAND OF ORGANIZATIONS ARE ENTITLED TO $240.00 PER YEAR FOR ADMINISTRATIVE FUNCTION. UNDER U.S. CODE, TITLE 34, SECTION 760, ALL OFFICERS ARE ENTITLED TO A UNIFORM GRATUITY OF $100.00 UPON ORIGINAL APPOINTMENT AND AN ADDITIONAL $50.00 EVERY FOUR YEARS THEREAFTER.

3. IT WOULD APPEAR THAT OFFICERS ABOVE THE RANK OF LIEUTENANT WHOSE MAXIMUM ANNUAL COMPENSATION INCLUDING PAY FOR ADMINISTRATIVE FUNCTIONS AND UNIFORM GRATUITY CAN NOT EXCEED $840.00, ARE EXEMPT FROM THE PROVISIONS OF THE ACT OF 30 JUNE, 1932 (PUB., NO. 212). THERE ALSO ARISES SOME DOUBT AS TO THE APPLICATION OF SECTION 104 (C) AND SECTION 105 (D) OF THAT ACT TO OFFICERS BELOW THE RANK OF LIEUTENANT COMMANDER BECAUSE THEIR ANNUAL RATE OF COMPENSATION IS GREATER THAN $1,000. HOWEVER, THEY ARE EXPRESSLY LIMITED BY THE ACT OF 30 JUNE, 1932 (PUB., NO. 216), AND U.S. CODE, TITLE 34, SECTION 782, TO 48 DAYS' PAY FOR DRILLS OR 48 DAYS FOR APPROPRIATE DUTY A YEAR. THE ANNUAL MAXIMUM PAY IN EITHER CASE AND FOR ALL RANKS IS LESS THAN $1,000 EVEN WHEN THE OFFICER IS ALSO IN RECEIPT OF $240.00 A YEAR FOR ADMINISTRATIVE FUNCTIONS AND $100.00 FOR UNIFORM GRATUITY. IS, THEREFORE, ANY OR ALL OF THE PAY PROVIDED FOR DRILLS, APPROPRIATE DUTY, ADMINISTRATIVE FUNCTIONS OR UNIFORM GRATUITY SUBJECT TO ANY REDUCTION UNDER THE ACT OF 30 JUNE, 1932 (PUB., NO. 212/?

2 AND 3. SECTION 101 (C) OF THE ECONOMY ACT PROVIDES:

IF THE APPLICATION OF THE PROVISIONS OF SUBSECTIONS (A) AND (B) TO ANY OFFICER OR EMPLOYEE WOULD REDUCE HIS RATE OF COMPENSATION TO LESS THAN $1,000 PER ANNUM, SUCH PROVISIONS SHALL BE APPLIED TO HIM ONLY TO THE EXTENT NECESSARY TO REDUCE HIS RATE OF COMPENSATION TO $1,000 PER ANNUM.

SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, ET SEQ., PROVIDES AS FOLLOWS:

SEC. 21. OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION THEREOF, ORGANIZED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS FOR ATTENDING, UNDER COMPETENT ORDERS, EACH REGULAR DRILL, OR OTHER EQUIVALENT INSTRUCTION OR DUTY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT NO SUCH OFFICER OR ENLISTED MAN SHALL RECEIVE PAY FOR MORE THAN 60 DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY IN ANY ONE FISCAL YEAR: PROVIDED FURTHER, THAT WEEK- END CRUISES SHALL NOT BE REGARDED AS DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY.

FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, OFFICERS ABOVE THE GRADE OR RANK OF LIEUTENANT OF THE FLEET NAVAL RESERVE SHALL RECEIVE COMPENSATION AT THE RATE OF NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE NOT ATTACHED TO A DIVISION THEREOF, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS, EACH MONTH.

WHILE THE STATUTE FIXES PAY FOR ATTENDING DRILLS OR OTHER APPROPRIATE DUTY AT A RATE OF COMPENSATION BASED ON A RATE IN EXCESS OF $1,000 PER ANNUM FOR FULL-TIME SERVICE, THE STATUTE ALSO DEFINITELY LIMITS SUCH PAY TO AN AMOUNT LESS THAN $1,000 PER ANNUM. THAT IS TO SAY, THE MAXIMUM AUTHORIZED BY THE STATUTE TO BE RECEIVED MAY NOT EXCEED PAY FOR 60 DRILLS PER ANNUM, THUS MAKING 60 DRILLS THE LENGTH OF THE YEAR FOR PAY PURPOSES, WHICH, AT ONE-THIRTIETH OF THE MONTHLY BASE PAY FOR THE OFFICER'S GRADE, RANK, OR RATING, PRACTICALLY MAKES 2 MONTHS' PAY THE "RATE OF COMPENSATION" FOR THE YEAR WITHIN THE MEANING OF SECTION 101 (C) OF THE ECONOMY ACT. THIS RATE WOULD BE LESS THAN $1,000 PER ANNUM IN ANY CASE, AND ACCORDINGLY IS NOT SUBJECT TO 8 1/3 PERCENT REDUCTION REQUIRED BY SECTION 105 (C) (6) OF THE ECONOMY ACT.

THE PAYMENT OF NOT MORE THAN $500 A YEAR TO OFFICERS ABOVE THE RANK OF LIEUTENANT FOR APPROPRIATE DUTY, THE PAYMENT OF $240 PER ANNUM FOR ADMINISTRATIVE FUNCTIONS, AND THE PAYMENT OF $100 FOR UNIFORM GRATUITY, WHILE REGARDED AS "COMPENSATION" WITHIN THE DEFINITION OF THAT TERM IN SECTION 104 (B) OF THE ECONOMY ACT, ARE THE ANNUAL RATES AND SHOULD BE COMPUTED ACCORDINGLY IN APPLYING THE PROVISIONS OF THE ECONOMY ACT.

YOU ARE ADVISED, THEREFORE, THAT ALL OFFICERS OF THE FLEET NAVAL RESERVE, WHOSE MAXIMUM RATE OF COMPENSATION FOR ARMORY DRILLS, INCLUDING PAY FOR ATTENDING DRILLS OR OTHER APPROPRIATE DUTY, FOR ADMINISTRATIVE FUNCTIONS, OR FOR UNIFORM GRATUITY, CAN NOT EXCEED $1,000 PER ANNUM BECAUSE OF THE LIMITATIONS OF THE STATUTE UNDER WHICH SUCH PAYMENTS ARE AUTHORIZED, ARE EXEMPT FROM THE PROVISIONS OF THE ECONOMY ACT.

4. SECTION 104 (A) OF THE ACT OF 30 JUNE, 1932 (PUB., NO. 212), IN DEFINING OFFICERS AND EMPLOYEES TO WHOM TITLE I APPLIES, EXCLUDES "ENLISTED PERSONNEL OF THE * * * NAVY; " SECTION 104 (B), IN STATING THE COMPENSATION AFFECTED, EXCLUDES "THE ACTIVE OR RETIRED PAY OF THE ENLISTED PERSONNEL OF THE * * * NAVY; " AND SECTION 106 PRESCRIBES A REDUCTION IN "THE RETIRED PAY OF ALL COMMISSIONED AND OTHER PERSONNEL (EXCEPT ENLISTED).' THE ACT OF 7 MAY, 1932 (PUB., NO. 123), STATES THAT ENLISTED MEN WHO SERVED IN THE WORLD WAR OR SPANISH-AMERICAN WAR SHALL "BE ADVANCED ON THE RETIRED LIST TO THE HIGHEST COMMISSIONED, WARRANT, OR ENLISTED GRADE HELD BY THEM DURING SUCH WAR.' HOWEVER, THIS ACT ALSO PROVIDES THAT SUCH MEN WOULD NOT BE ENTITLED "WHILE ON ACTIVE DUTY, TO ANY OTHER RANK THAN THAT IN WHICH THEY WERE SERVING AT THE TIME OF RETIREMENT" AND "THAT NO INCREASE IN ACTIVE OR RETIRED PAY OR ALLOWANCE" WOULD RESULT THEREFROM. THE RANKS TO WHICH SUCH MEN ARE ADVANCED ARE, THEREFORE, NOMINAL ONLY SINCE THEY ARE PROHIBITED FROM HOLDING THE OFFICE "WHILE ON ACTIVE DUTY" AND RECEIVE NO BENEFITS OR EMOLUMENTS IN ACCORDANCE THEREWITH WHATSOEVER. ARE MEN ADVANCED TO COMMISSIONED OR WARRANT RANKS UNDER THE PROVISIONS OF THIS LAW TO BE CONSIDERED AS "COMMISSIONED AND OTHER PERSONNEL" WITHIN THE MEANING OF SECTION 106 OF THE ACT OF 30 JUNE, 1932, SO AS TO HAVE THEIR RETIRED PAY REDUCED?

5. IN CONNECTION WITH THIS QUESTION IT IS BELIEVED PERTINENT TO STATE THAT ON THE RETIRED LIST OF THE NAVY THE ENLISTED MEN WHO HELD WARRANT OR COMMISSIONED RANKS DURING THE WORLD WAR FALL INTO TWO MAIN CLASSES: FIRST, THOSE RETIRED FROM THE FLEET NAVAL RESERVE; AND, SECOND, THOSE RETIRED DIRECT FROM THE REGULAR NAVY. WITH REFERENCE TO THE FIRST GROUP THE COMPTROLLER GENERAL OF THE UNITED STATES DECIDED ON 18 JUNE, 1925 (A9851), THAT MEN TRANSFERRED TO THE RETIRED LIST FROM THE FLEET NAVAL RESERVE ARE NOT ENTITLED TO RETIRED PAY OF WARRANT OFFICERS BECAUSE THEY DO NOT COME WITHIN THE PROVISIONS OF THE U.S. CODE, TITLE 34, SECTION 999. SUCH MEN ARE, THEREFORE, IN RECEIPT OF RETIRED PAY EQUAL IN AMOUNT TO THE RETAINER PAY OF THEIR ENLISTED RATINGS PLUS $15.75 ALLOWANCES. IF, THEREFORE, THEIR RETIRED PAY IS AFFECTED BY THE ACT OF 30 JUNE, 1932, IT IS SOLELY BECAUSE OF THEIR NOMINAL ADVANCEMENT IN RANK UNDER THE ACT OF 7 MAY, 1932.

6. WITH REFERENCE TO THE SECOND GROUP, THOSE WHO SERVED AS COMMISSIONED OFFICERS AT SOME TIME BETWEEN 6 APRIL, 1917, AND 11 NOVEMBER, 1918, "RECEIVE THE PAY OF WARRANT OFFICERS" (BUT ARE NOT ADVANCED TO THAT GRADE) UNDER THE PROVISIONS OF THE U.S. CODE, TITLE 34, SECTION 999. THE QUESTION ARISES, THEREFORE, WHETHER THIS GROUP IS SUBJECT TO A REDUCTION IN RETIRED PAY IRRESPECTIVE OF THE EFFECT OF THEIR NOMINAL ADVANCEMENT IN RANK UNDER THE PROVISIONS OF THE ACT OF 7 MAY, 1932. IF THE REDUCTION APPLIES TO THIS GROUP, AND IN ANY CASE RESULTS IN A LOWER RATE OF PAY THAN WOULD BE RECEIVED IF BASED UPON THE ENLISTED RATINGS HELD AT TIME OF RETIREMENT, MAY THE PAY OF THE ENLISTED RATINGS BE SUBSTITUTED UNDER THE SAVING CLAUSE IN SECTION 999?

4, 5, AND 6. THE ACT OF MAY 7, 1932, PUBLIC, NO. 123, 47 STAT. 150, PROVIDES AS FOLLOWS:

THAT ALL WARRANT OFFICERS AND ENLISTED MEN WHO SERVED IN THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD OF THE UNITED STATES DURING THE WORLD WAR OR THE SPANISH-AMERICAN WAR, AND WHOSE SERVICE DURING SUCH WAR WAS CREDITABLE, AND WHO HAVE BEEN OR HEREAFTER MAY BE RETIRED ACCORDING TO LAW, SHALL ON THE DATE OF APPROVAL OF THIS ACT OR UPON RETIREMENT IN THE CASE OF THOSE NOW ON THE ACTIVE LISTS OF THE SERVICES NAMED HEREIN, BE ADVANCED IN RANK ON THE RETIRED LIST TO THE HIGHEST COMMISSIONED, WARRANT, OR ENLISTED GRADE HELD BY THEM DURING SUCH WAR: PROVIDED, THAT NOTHING IN THIS ACT SHALL ENTITLE ANY OF THE PERSONNEL DESCRIBED HEREIN, WHILE ON ACTIVE DUTY, TO ANY OTHER RANK THAN THAT IN WHICH THEY WERE SERVING AT THE TIME OF RETIREMENT: AND PROVIDED FURTHER, THAT NO INCREASE IN ACTIVE OR RETIRED PAY OR ALLOWANCES SHALL RESULT FROM THE PASSAGE OF THIS ACT.

SINCE THIS STATUTE DOES NOT AFFECT THE PAY STATUS OF THE BENEFICIARIES THEREOF, IT MAY BE DISREGARDED IN APPLYING THE PROVISIONS OF THE ECONOMY ACT. IN DECISION OF JULY 14, 1932, A-43204, 12 COMP. GEN. 37, QUESTION AND ANSWER 13, IN APPLYING THE RESTRICTIONS OF SECTION 212 OF THE ECONOMY ACT LIMITING THE COMBINED RATE OF COMPENSATION FOR CIVILIAN SERVICE AND RETIRED PAY "FOR OR ON ACCOUNT OF COMMISSIONED SERVICE" TO $3,000 PER ANNUM, IT WAS HELD THAT THE RETIRED PAY OF ENLISTED MEN BASED ON COMMISSIONED SERVICE SHOULD NOT BE REDUCED BELOW THAT WHICH THEY WOULD HAVE RECEIVED HAD THEY ONLY ENLISTED SERVICE. THE SAME PRINCIPLE MAY BE APPLIED TO PERCENTAGE REDUCTION OR RETIRED PAY OF THE PERSONS MENTIONED IN THESE PARAGRAPHS REQUIRED BY SECTION 106 OF THE ECONOMY ACT.

7. THERE IS ON THE ROLLS OF RETIRED ENLISTED MEN THE ACCOUNT OF THE LEADER OF THE NAVAL ACADEMY BAND WHO UNDER THE TERMS OF THE ACT OF JULY 11, 1919 (PUB.NO. 8), IS ENTITLED TO THE "PAY AND ALLOWANCES OF FIRST LIEUTENANT IN THE MARINE CORPS," AND IS IN RECEIPT OF RETIRED PAY AT THE RATE OF $187.50 A MONTH. DOES THE ACT OF JUNE 30, 1932, REQUIRE ANY REDUCTION TO BE MADE IN HIS RETIRED PAY? THERE IS ALSO ON THE RETIRED ROLLS OF ENLISTED MEN ONE JOHN SIMON DANNER, WHO HAS ALSO THE STATUS OF A RETIRED EMERGENCY OFFICER UNDER THE ACT OF MAY 24, 1928 (45 STAT. 735). THIS MAN HAS NEVER RELINQUISHED HIS STATUS AS A RETIRED ENLISTED MAN AND UNDER THE RULING IN 9 COMP. GEN. 399, HE RECEIVES HIS FULL RETIRED PAY AS AN ENLISTED MAN FROM THE NAVY DEPARTMENT AND THE DIFFERENCE BETWEEN THIS PAY AND THE AMOUNT DUE HIM AS A RETIRED EMERGENCY OFFICER FROM THE VETERANS' ADMINISTRATION. WILL THE RETIRED PAY DISBURSED TO HIM BY THE NAVY DEPARTMENT BE SUBJECT TO ANY REDUCTION UNDER THE ACT OF JUNE 30, 1932?

IN THE CASE OF THE RETIRED LEADER OF THE NAVAL ACADEMY BAND, WHILE HE MAY NOT HAVE BEEN COMMISSIONED AND HIS TECHNICAL STATUS IS THAT OF A RETIRED ENLISTED MAN, HE IS ASSIMILATED TO A COMMISSIONED OFFICER FOR THE PURPOSE OF PAY AND HIS RETIRED PAY IS REQUIRED TO BE REDUCED IN ACCORDANCE WITH SECTION 106 OF THE ACT.

JOHN SIMON DANNER IS A RETIRED ENLISTED MAN OF THE NAVY AND HIS RETIRED PAY AND ALLOWANCES SHOULD BE PAID BY THE NAVY AS HERETOFORE UNDER THE EXCEPTION CONTAINED IN SECTION 106. THE VETERANS' ADMINISTRATION, CHARGED WITH PAYING HIM AN AMOUNT WHICH, WHEN ADDED TO HIS RETIRED PAY AND ALLOWANCES AS AN ENLISTED MAN, WILL EQUAL 75 PERCENT OF THE PAY HE WAS ENTITLED TO RECEIVE WHEN DISCHARGED FROM HIS WORLD WAR COMMISSIONED SERVICE (EXCEPT PAY UNDER THE ACT OF MAY 18, 1920), SHOULD MAKE A REDUCTION IN THAT AMOUNT EQUAL TO 8 1/3 PERCENT OF THE PAY HE WAS ENTITLED TO RECEIVE WHEN DISCHARGED FROM HIS COMMISSIONED SERVICE.

8. THE U.S. CODE, TITLE 34, SECTIONS 784, 785, AND 788, PROVIDE FOR THE RETIREMENT OF TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE UPON THE COMPLETION OF THIRTY YEARS' SERVICE, INCLUDING NAVAL SERVICE AND TIME IN THE FLEET NAVAL RESERVE, AT WHICH TIME THEY BECAME ENTITLED TO RETIRED PAY EQUAL IN AMOUNT TO THE RETAINER PAY THEY WERE RECEIVING IN THE FLEET NAVAL RESERVE PLUS THE ALLOWANCES OF $15.75 A MONTH DUE RETIRED ENLISTED MEN. SECTION 788 ALSO PROVIDES FOR THE RETIREMENT OF SUCH MEN FOR PHYSICAL DISABILITY WITH THE PAY THEY WERE THEN RECEIVING AND STATES ,UPON COMPLETION OF THE THIRTY YEARS' SERVICE, INCLUDING NAVAL SERVICE, TIME IN THE FLEET NAVAL RESERVE AND TIME ON THE RETIRED LIST, THEY SHALL RECEIVE THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UPON RETIREMENT.' 9. SECTION 201 OF THE ACT OF 30 JUNE, 1932 (PUB., NO. 212), STATES IN PART "ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT * * * AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE * * * ARE SUSPENDED DURING THE FISCAL YEAR ENDING 30 JUNE, 1932 (JUNE 30, 1933).'

10. DOES THIS PROVISION PREVENT THE PAYMENT OF THE ALLOWANCES OF $15.75 A MONTH EITHER TO FLEET NAVAL RESERVISTS WHO ARE RETIRED UPON THE COMPLETION OF THIRTY YEARS' SERVICE AFTER 1 JULY, 1932, OR TO SUCH RESERVISTS ON THE RETIRED LIST FOR PHYSICAL DISABILITY WHO COMPLETE THIRTY YEARS' SERVICE AFTER 1 JULY, 1932?

8, 9, AND 10. THERE IS INVOLVED HERE ONLY SERVICE AS AN ENLISTED MAN. IN DECISION OF JULY 14, 1932, TO THE SECRETARY OF WAR, SUPRA, ANSWER TO QUESTION 15, IT WAS HELD THAT THE PROHIBITION AGAINST AUTOMATIC PROMOTIONS DURING THE FISCAL YEAR 1933 DOES NOT APPLY TO ENLISTED MEN. THE QUESTION CONTAINED IN PARAGRAPH 10 IS ANSWERED IN THE NEGATIVE.