A-6439, JANUARY 16, 1925, 4 COMP. GEN. 611

A-6439, JANUARY 16, 1925, 4 COMP. GEN. 611

NAVY PAY - GOOD-CONDUCT MEDAL AN ENLISTED MAN OF THE NAVY WHO HAD COMPLETED A FOUR-YEAR ENLISTMENT, BUT HAD NOT SERVED THE FOUR YEARS UNDER A REENLISTMENT NECESSARY FOR THE AWARD OF A GOOD-CONDUCT MEDAL, DOES NOT BECOME ENTITLED TO ADDITIONAL PAY FOR A GOOD-CONDUCT MEDAL WHICH WAS AWARDED AT THE EXPIRATION OF A TWO-YEAR REENLISTMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 16, 1925:

NICHOLAS CARL STOMMEL, CHIEF YEOMAN, UNITED STATES NAVY, APPLIED SEPTEMBER 6, 1924, FOR REVIEW OF SETTLEMENT NO. 161124, DATED SEPTEMBER 4, 1924, WHEREIN WAS DISALLOWED HIS CLAIM FOR PAY FOR THE PERIOD FROM SEPTEMBER 19, 1921, TO JUNE 30, 1922, FOR GOOD-CONDUCT MEDAL AWARDED HIM AUGUST 27, 1921.

IT APPEARS THAT CLAIMANT ENLISTED IN THE UNITED STATES NAVY OCTOBER 2, 1913, AND WAS HONORABLY DISCHARGED SEPTEMBER 5, 1917; REENLISTED SEPTEMBER 6, 1917, AND WAS DISCHARGED FEBRUARY 20, 1919, WITH GOOD DISCHARGE. WAS APPOINTED PROVISIONAL ENSIGN (S.C.) UNITED STATES NAVAL RESERVE FORCE, CLASS 4, FEBRUARY 21, 1919, AND REPORTED FOR ACTIVE DUTY ON THE SAME DATE; RELEASED FROM ACTIVE DUTY SEPTEMBER 30, 1919, AND WAS DISCHARGED AT HIS REQUEST NOVEMBER 27, 1919, TO ENLIST IN THE UNITED STATES NAVY. HE ENLISTED NOVEMBER 28, 1919, WAS HONORABLY DISCHARGED AUGUST 27, 1921, AND REENLISTED SEPTEMBER 19, 1921. HE WAS AWARDED A GOOD -CONDUCT MEDAL AUGUST 27, 1921, UPON HIS DISCHARGE FROM A TWO-YEAR ENLISTMENT, AND THE ADDITIONAL PAY CLAIMED IS ON ACCOUNT OF SUCH AWARD.

THE PRESIDENT UNDER THE AUTHORITY OF SECTION 1569, REVISED STATUTES, BY EXECUTIVE ORDER OF SEPTEMBER 4, 1902, AUTHORIZED THE PAYMENT OF 75 CENTS PER MONTH IN ADDITION TO THE PAY OF HIS RATING, TO ENLISTED MEN OF THE NAVY FOR EACH GOOD-CONDUCT MEDAL, PIN, OR BAR AWARDED THE HOLDER ON DISCHARGE BY REASON OF EXPIRATION OF ENLISTMENT. BY THE ACT OF MAY 13, 1908, 35 STAT. 128, THE ALLOWANCE WAS INCREASED 10 PERCENTUM AND SUCH ALLOWANCE REMAINED IN FORCE UNTIL REPEALED BY THE ACT OF JUNE 10, 1922, 42 STAT. 630:

ARTICLE 1710, NAVY REGULATIONS 1920, PROVIDES:

(1) ANY ENLISTED PERSON IN THE NAVY SERVING UNDER CONTINUOUS SERVICE, OR IN AN ENLISTMENT SUBSEQUENT TO A PREVIOUS ENLISTMENT TERMINATED BY REASON OF EXPIRATION OF ENLISTMENT, WHO UPON EXPIRATION, OR WITHIN THREE MONTHS BEFORE THE EXPIRATION OF HIS TERM OF ENLISTMENT, SHALL BE RECOMMENDED BY HIS CAPTAIN FOR OBEDIENCE, SOBRIETY, INDUSTRY, COURAGE, NEATNESS AND PROFICIENCY SHALL RECEIVE A GOOD CONDUCT MEDAL.

(2) ANY SUCH PERSON WHO HAS RECEIVED ONE MEDAL WILL, IF RECOMMENDED AT THE EXPIRATION OF ANY SUBSEQUENT FOUR-YEAR TERM OF ENLISTMENT, BE GIVEN IN PLACE OF A MEDAL A CLASP, WHICH SHALL BE WORN ABOVE THE MEDAL ON THE SAME RIBBON.

IT HAS BEEN HELD THAT THIS REGULATION CONTEMPLATES THAT A GOOD CONDUCT MEDAL SHALL ONLY BE ISSUED TO AN ENLISTED MAN AFTER HE HAS SERVED A PERIOD UNDER REENLISTMENT, AND THAT CHANGES ONE AND TWO OF ARTICLE D-7400, BUREAU OF NAVIGATION MANUAL, 1921, DID NOT CHANGE THE ABOVE-QUOTED REGULATION, 2 COMP. GEN. 787; ALSO THAT AN AWARD OF A GOOD CONDUCT PIN UPON THE EXPIRATION OF A TWO-YEAR ENLISTMENT AT A TIME WHEN THE REGULATIONS PERMITTED SUCH AWARD ONLY UPON THE EXPIRATION OF A FOUR-YEAR ENLISTMENT WAS UNAUTHORIZED AND THAT NO PAY ON ACCOUNT OF SUCH AWARD MAY BE ALLOWED. 3 COMP. GEN. 367. OBVIOUSLY THE CONDITIONS AS TO LENGTH OF SERVICE FOR THE AWARD OF A MEDAL WERE THE SAME AS FOR A CLASP OR PIN.

CLAIMANT SERVED A FOUR-YEAR TERM OF ENLISTMENT FROM OCTOBER 2, 1915, AND UPON REENLISTMENT HE SERVED FROM SEPTEMBER 6, 1917, TO FEBRUARY 20, 1919, OR 1 YEAR 5 MONTHS AND 15 DAYS. HE AGAIN REENLISTED NOVEMBER 28, 1919, AND WAS DISCHARGED THEREFROM AUGUST 27, 1921, HAVING SERVED IN THIS ENLISTMENT ONE YEAR AND NINE MONTHS. HIS REENLISTMENT FOR TWO YEARS TERMINATING AUGUST 27, 1921, WAS NOT SUFFICIENT TO AUTHORIZE THE AWARD OF A GOOD-CONDUCT MEDAL TO HIM UPON THE EXPIRATION THEREOF. SUCH AWARD BEING UNAUTHORIZED, HE IS NOT ENTITLED TO THE ADDITIONAL PAY CLAIMED.