B-126059, MAY 2, 1956

B-126059, MAY 2, 1956

TO LIEUTENANT (JG) RAYMOND S. THOMPSON, 39877, USCGR-R:

YOUR LETTER OF SEPTEMBER 19, 1955, TO THE COMMANDANT, UNITED STATES COAST GUARD, IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 24, 1954, WHICH DISALLOWED YOUR CLAIM FOR DIFFERENCE IN PAY AND ALLOWANCES BETWEEN THAT OF ENSIGN AND THAT OF LIEUTENANT (JUNIOR GRADE) FOR THE PERIOD FROM SEPTEMBER 28, 1953, TO NOVEMBER 27, 1953, AND FOR SIMILAR ADJUSTMENT FOR 27 DAYS' LEAVE BALANCE AT DATE OF RELEASE TO INACTIVE DUTY.

LETTER DATED SEPTEMBER 23, 1953, SIGNED BY THE SECRETARY OF THE TREASURY, FOR THE PRESIDENT, IN PERTINENT PART, IS AS FOLLOWS:

"PURSUANT TO THE AUTHORITY PROVIDED BY AN ACT OF CONGRESS APPROVED JULY 24, 1941 (34 U.S.C. 350) AS AMENDED, AND THE REGULATIONS, UNITED STATES COAST GUARD RESERVE, THE PRESIDENT OF THE UNITED STATES HEREBY APPOINTS THE FOLLOWING ENSIGNS OF THE UNITED STATES COAST GUARD RESERVE TO THE GRADE OF LIEUTENANT (JUNIOR GRADE) FOR TEMPORARY SERVICE WITH RANK AS SUCH DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8.3112, REGULATIONS, UNITED STATES COAST GUARD RESERVE:

THOMPSON, RAYMOND S. (39877)

"APPOINTMENTS EFFECTED PURSUANT TO THE AUTHORITY CONTAINED HEREIN SHALL BE MADE IN THE MANNER PRESCRIBED BY SECTION 8.3108, REGULATIONS, UNITED STATES COAST GUARD RESERVE.

"THE AUTHORITY TO EFFECT THE APPOINTMENTS OF THE ABOVE LISTED OFFICERS WILL EXPIRE THREE MONTHS FROM THE DATE THEIR RUNNING MATES ARE OFFERED PROMOTION.'

SECTION 8.3108 OF THE CITED REGULATIONS PROVIDES:

"PROCEDURES FOR EFFECTING PROMOTIONS. (A) OFFICERS OF THE RESERVE SHALL NOT BE PROMOTED UNLESS THEIR NAMES ARE ON A PROMOTION LIST, EXCEPT IN CASE OF SPECIAL ACTION BY THE SECRETARY. AN OFFICER WHOSE NAME IS ON A PROMOTION LIST SHALL BE TENDERED AN APPOINTMENT IN THE NEXT HIGHER GRADE AT THE SAME TIME, OR AS SOON THEREAFTER AS PRACTICABLE, AS A SIMILAR APPOINTMENT IS TENDERED TO HIS RUNNING MATE.

"/B) SUCH APPOINTMENTS SHALL BE FORWARDED TO THE DISTRICT COMMANDER WHO SHALL NOT EFFECT DELIVERY UNLESS OR UNTIL PHYSICAL QUALIFICATION HAS BEEN ESTABLISHED TO THE SATISFACTION OF THE COMMANDANT. THE DISTRICT COMMANDER MAY OTHERWISE WITHHOLD SUCH APPOINTMENTS FOR DUE CAUSE. IF SO WITHHELD, OR DELIVERY FOR ANY REASON CANNOT BE EFFECTED, THE DISTRICT COMMANDER SHALL PROMPTLY REPORT THE FULL CIRCUMSTANCES TO THE COMMANDANT FOR FURTHER ACTION.'

BOTH THE LETTER OF SEPTEMBER 23, 1953, AND THE QUOTED REGULATIONS INDICATE THAT YOUR APPOINTMENT WAS NOT EFFECTED UNTIL SOME TIME AFTER SEPTEMBER 23, 1953. IN OTHER WORDS, CERTAIN CONDITIONS WERE ATTACHED TO THE APPOINTMENT WHICH COULD BE REMOVED ONLY BY YOUR ACCEPTANCE OF THE APPOINTMENT TENDERED. THE COMMANDANT BY LETTER DATED DECEMBER 1, 1953, INFORMED YOU THAT "ON 23 SEPTEMBER 1953" YOU WERE APPOINTED TO THE GRADE OF LIEUTENANT (JUNIOR GRADE) FOR TEMPORARY SERVICE IN THE UNITED STATES COAST GUARD RESERVE "EFFECTIVE UPON ACCEPTANCE AND TO RANK AS SUCH FROM 28 SEPTEMBER 1953.' YOU WERE INFORMED ALSO IN THAT LETTER THAT AN ADDITIONAL MEDICAL EXAMINATION WOULD NOT BE REQUIRED AND THAT "IF YOU ACCEPT THE APPOINTMENT, THE OFFICE VESTS IN YOU AND PAY AND ALLOWANCES ACCRUE FROM DATE OF ACCEPTANCE.' ENDORSEMENT ON THE LETTER INDICATES THAT THE APPOINTMENT WAS ACCEPTED BY YOU ON DECEMBER 5, 1953. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, NO ADDITIONAL PAY AND ALLOWANCES ACCRUED TO YOU DURING THE PERIOD OF YOUR CLAIM BY REASON OF THAT APPOINTMENT. THE SETTLEMENT OF SEPTEMBER 24, 1954, CORRECTLY DISALLOWED YOUR CLAIM ON THAT BASIS AND THAT ACTION IS SUSTAINED.