B-13249, MARCH 9, 1942, 21 COMP. GEN. 849

B-13249, MARCH 9, 1942, 21 COMP. GEN. 849

PAY - ADDITIONAL - OVER 12 MONTHS' SERVICE - COAST GUARD IN DETERMINING WHETHER FORMER MEMBERS OF THE LIGHTHOUSE SERVICE WHO WERE ENLISTED IN THE COAST GUARD UNDER AUTHORITY OF SECTION 4 (B) OF THE ACT OF AUGUST 5, 1939, ARE ENTITLED TO THE $10 ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 FOR EACH MONTH OF SERVICE IN EXCESS OF 12, THERE MAY NOT BE INCLUDED PRIOR SERVICE IN THE LIGHTHOUSE SERVICE. THE TOTAL ANNUAL COMPENSATION AND ALLOWANCES OF CIVILIAN EMPLOYEES OF THE FORMER LIGHTHOUSE SERVICE WHICH IS SAVED TO THEM UNDER SECTION 7 OF THE ACT OF AUGUST 5, 1939, UPON THEIR ENLISTMENT IN THE COAST GUARD UNDER AUTHORITY OF SECTION 4 (B) OF SAID ACT IF THE TOTAL PAY AND ALLOWANCES OF THEIR ENLISTED RATING IS LESS IS NOT SUBJECT TO VARIATION, AND, THEREFORE, SUCH ENLISTED MEN ARE NOT ENTITLED TO THE $10 ADDITIONAL AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941, FOR EACH MONTH OF SERVICE IN EXCESS OF 12.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 9, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 12, 1942, AS FOLLOWS:

IN THE COMPTROLLER GENERAL'S DECISION TO THE SECRETARY OF THE TREASURY OF NOVEMBER 19, 1940, B-13249, IT WAS STATED:

"SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 (APPROVED AUGUST 18, 1941) 55 STAT. 627, QUOTED IN YOUR LETTER, AUTHORIZES PAYMENT, DURING THE PERIOD OF THE UNLIMITED EMERGENCY DECLARED BY THE PRESIDENT ON MAY 27, 1941, IN ADDITION TO AMOUNTS OTHERWISE PAYABLE, OF $10 PER MONTH, INTER ALIA, TO ANY ENLISTED PERSONNEL OF THE REGULAR ARMY FOR EACH MONTH OF MILITARY SERVICE RENDERED BY HIM AFTER AUGUST 18, 1941, AND AFTER HIS TOTAL MILITARY SERVICE (RENDERED BEFORE OR AFTER SUCH DATE) EXCEEDS 12 MONTHS. WHILE THIS ADDITIONAL PAYMENT WAS REFERRED TO IN THE CONGRESSIONAL DEBATES ON THE SERVICE EXTENSION ACT OF 1941 IN VARIOUS TERMS SUCH AS BONUS, BOUNTY, PAY, ETC., IT ACCRUES PERIODICALLY TO THOSE WITHIN THE TERMS OF THE ENACTMENT AND FOR THE PURPOSES OF THE PROVISIONS OF LAW LAST ABOVE QUOTED IS AN ITEM OF THE PAY OF ENLISTED MEN OF THE ARMY AND THEREFORE ACCRUES ALSO TO ENLISTED MEN OF THE REGULAR NAVY AND MARINE CORPS.'

IN A DECISION RENDERED TO THE SECRETARY OF THE NAVY, OCTOBER 29, 1941, B- 19904 (21 COMP. GEN. 392), THE COMPTROLLER GENERAL STATED:

"WHERE LEGISLATION HAS NOT SPECIFICALLY PROVIDED PAY OR ALLOWANCES FOR MEMBERS OF THE COAST GUARD (AS IS DONE IN THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 625) THE MEMBERS OF THE COAST GUARD ARE ENTITLED TO THE BENEFITS, AND SUBJECT TO THE RESTRICTIONS, IMPOSED BY SECTION 8 OF THE ACT OF MAY 18, 1920, QUOTED IN YOUR LETTER, AND, THEREFORE, THE LAST SENTENCE OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, IS APPLICABLE TO ENLISTED MEN OF THE COAST GUARD TO THE SAME EXTENT THAT IT IS APPLICABLE TO ENLISTED MEN OF THE NAVY.'

UNDER THE LAW AS CONSTRUED BY THE COMPTROLLER GENERAL IN THE ABOVE QUOTED DECISIONS, THE U.S. COAST GUARD HAS ASSUMED THAT THE $10 ADDITIONAL MONTHLY PAY AUTHORIZED FOR ENLISTED PERSONNEL OF THE ARMY UNDER SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941, APPROVED AUGUST 18, 1941 ( PUBLIC LAW 213--- 77TH CONG.), EXTENDS TO ENLISTED MEN OF THE COAST GUARD WHO HAVE COMPLETED 12 MONTHS' SERVICE IN THE COAST GUARD OR THE NAVY.

THERE ARE A NUMBER OF ENLISTED MEN OF THE COAST GUARD WHO, IMMEDIATELY PRIOR TO ENLISTMENT, WERE EMPLOYEES OF THE FORMER LIGHTHOUSE SERVICE AND WHO WERE ENLISTED MEN OF THE COAST GUARD PURSUANT TO THE PROVISIONS OF SECTION 4 (B) OF THE ACT APPROVED AUGUST 5, 1939 (53 STAT. 1217), WHICH PROVIDES:

"UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE THE SECRETARY IS HEREBY AUTHORIZED TO APPOINT OR CAUSE TO BE ENLISTED, IN THE COAST GUARD, IN WARRANT GRADES OR ENLISTED RATINGS APPROPRIATE TO THEIR QUALIFICATIONS, EXPERIENCE, AND LENGTHS OF SERVICE, SUCH PERSONNEL OF THE LIGHTHOUSE SERVICE AS, ON JUNE 30, 1939, MET THE REQUIREMENTS FOR SECTION 6 OF THE ACT APPROVED JUNE 20, 1918, AS AMENDED AND SUPPLEMENTED.

SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941, APPROVED AUGUST 18, 1941, 55 STAT. 627, PROVIDES:

ANY PERSON INDUCTED INTO THE LAND OR NAVAL FORCES OF THE UNITED STATES FOR ACTIVE TRAINING AND SERVICE, UNDER SECTION 3 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 SHALL, IN ADDITION TO THE AMOUNTS OTHERWISE PAYABLE TO SUCH PERSON WITH RESPECT TO SUCH TRAINING AND SERVICE, BE ENTITLED TO RECEIVE THE SUM OF $10 FOR EACH MONTH OF SUCH TRAINING AND SERVICE IN EXCESS OF TWELVE. THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY (1) TO ANY ENLISTED PERSONNEL OF THE NATIONAL GUARD OF THE UNITED STATES OR OF ANY OTHER RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES ORDERED INTO THE ACTIVE MILITARY SERVICE UNDER THE AUTHORITY OF PUBLIC RESOLUTION NUMBERED 96, APPROVED AUGUST 27, 1940, OR SECTION 37A OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, FOR ANY SUCH SERVICE SO RENDERED BY ANY SUCH PERSONNEL IN EXCESS OF TWELVE MONTHS, AND (2) TO ANY ENLISTED PERSONNEL OF THE REGULAR ARMY FOR EACH MONTH OF MILITARY SERVICE RENDERED BY HIM AFTER THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION, AND AFTER HIS TOTAL MILITARY SERVICE (RENDERED BEFORE OR AFTER SUCH DATE) EXCEEDS TWELVE MONTHS. ( ITALICS SUPPLIED.)

IN DECISION B-22250, DATED JANUARY 10, 1942, 21 COMP. GEN. 654, IT WAS STATED:

THE TERM "MILITARY SERVICE" IS USED TWICE IN THAT PART OF SECTION 8 (A), SUPRA, WHICH EXTENDS THE BENEFITS OF THE SECTION TO PERSONNEL OF THE REGULAR ARMY. IT IS FIRST USED TO REFER TO "EACH MONTH OF MILITARY SERVICE" OF "ENLISTED PERSONNEL OF THE REGULAR ARMY" AFTER THE DATE OF THE ENACTMENT. THERE IS NO DOUBT THAT THE MILITARY SERVICE THUS CONTEMPLATED BY THE CONGRESS WAS SERVICE AS AN ENLISTED MAN OF THE ARMY, AND THAT PRIOR SERVICE IN THE NAVY WAS NOT INTENDED TO BE INCLUDED IN COMPUTING THE 12 MONTHS'"TOTAL MILITARY SERVICE" OF AN ENLISTED MAN OF THE REGULAR ARMY UNDER THE PROVISIONS OF SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941. * * *

PRIOR SERVICE IN THE CIVILIAN LIGHTHOUSE SERVICE OF THE COMMERCE DEPARTMENT BY AN ENLISTED MEMBER OF THE UNITED STATES COAST GUARD IS NOT MILITARY SERVICE AND MAY NOT BE LEGALLY BE INCLUDED WITH HIS SERVICE AS AN ENLISTED MEMBER OF THE COAST GUARD FOR THE PURPOSES OF SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941. YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

YOUR SECOND QUESTION IS NOT ENTIRELY CLEAR. IF THE PAY AND ALLOWANCES OF THE ENLISTED MAN'S RATING ARE LESS THAN THE ANNUAL COMPENSATION AND ALLOWANCES RECEIVED BY HIM AS A CIVILIAN EMPLOYEE OF THE FORMER LIGHTHOUSE SERVICE, SECTION 7 OF THE ACT OF AUGUST 5, 1939, SAVES TO HIM THE HIGHER ANNUAL COMPENSATION AND ALLOWANCES WHICH ATTACHED TO HIS FORMER CIVILIAN POSITION. THE COMPENSATION OF THE FORMER CIVILIAN POSITION IN THE LIGHTHOUSE SERVICE AT THE TIME OF CHANGE IN STATUS TO THAT OF AN ENLISTED MAN IN THE COAST GUARD THEN AND THERE BECAME STATIC, FIXED, AND THEREAFTER IS NOT SUBJECT TO VARIATION. IT IS NOT UNDERSTOOD UPON WHAT LEGAL GROUND THE $10 PER MONTH ADDITIONAL INCREASE PROVIDED IN SECTION 8 (A) COULD FORM ANY PART OF THE COMPENSATION SAVED TO THE ENLISTED AS THUS UNDERSTOOD, YOUR SECOND QUESTION MUST NECESSARILY BE ANSWERED IN THE NEGATIVE.