B-156646, JUN. 22, 1965

B-156646, JUN. 22, 1965

TO MR. C. J. LA NORE:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1965, SERIAL 709 FORWARDED BY FIRST ENDORSEMENT DATED APRIL 26, 1965, REQUESTING AN ADVANCE DECISION AS TO ENTITLEMENT OF LIEUTENANT MAYNARD V. REISINGER, 50614, USCGR, TO THE ACTIVE DUTY PAY AND ALLOWANCES OF A LIEUTENANT RATHER THAN A LIEUTENANT (JG) FOR THE PERIOD SEPTEMBER 9, 1964, TO OCTOBER 11, 1964.

THE RECORD SHOWS THAT BY ORDERS OF SEPTEMBER 21, 1961, LIEUTENANT REISINGER WAS CALLED TO EXTENDED ACTIVE DUTY AS A LIEUTENANT (JG), UNITED STATES COAST GUARD RESERVE. HE SERVED ON ACTIVE DUTY CONTINUOUSLY FROM OCTOBER 12, 1961, TO OCTOBER 11, 1964.

UNDER DATE OF SEPTEMBER 9, 1964, THE ACTING ASSISTANT SECRETARY OF THE TREASURY, BY DELEGATION OF AUTHORITY FROM THE PRESIDENT, ISSUED TO THE COMMANDANT, UNITED STATES COAST GUARD, A PROMOTION LETTER READING IN PERTINENT PART AS FOLLOWS:

"1. PURSUANT TO THE PROVISIONS OF SECTION 593, TITLE 10, U.S. CODE, THE FOLLOWING OFFICERS OF THE UNITED STATES COAST GUARD RESERVE ARE HEREBY APPOINTED TO THE PERMANENT GRADE OF LIEUTENANT TO RANK IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8.3112, REGULATIONS, U.S. COAST GUARD RESERVE:

REISINGER, MAYNARD V. (50614)

"2. THE FOREGOING APPOINTMENTS ARE SUBJECT TO THE PROVISIONS OF SECTION 8.3107, REGULATIONS, UNITED STATES COAST GUARD RESERVE. 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 EITHER SIX MONTHS FROM THE DATE ON WHICH THESE OFFICERS RECEIVE NOTIFICATION OF SELECTION, OR 90 DAYS FROM TENDER OF APPOINTMENT UNLESS AN EXTENSION IS GRANTED BY THE COMMANDANT.

(SIGNED)

JAMES POMEROY HENDRICK

ACTING ASSISTANT SECRETARY

OF THE TREASURY"

THE PROMOTIONS EFFECTED BY THE LETTER QUOTED ABOVE WERE MADE PURSUANT TO SELECTION BOARD PROCEDURE AS PROVIDED IN 14 U.S.C. 780, ET SEQ. NOTIFICATION OF THE PROMOTION WAS FORWARDED TO LIEUTENANT REISINGER UNDER DATE OF OCTOBER 16, 1964, AND HE ACCEPTED IT ON OCTOBER 28, 1964, SUBSEQUENT TO HIS RELEASE FROM ACTIVE DUTY.

IT IS UNDERSTOOD THAT THE SELECTION BOARD CONVENED JUNE 22, 1964, TO CONSIDER RESERVE OFFICERS FOR PROMOTION TO THE GRADE OF LIEUTENANT AND THAT THE LIST OF OFFICERS SELECTED BY THAT BOARD WAS APPROVED BY THE SECRETARY OF THE TREASURY, ACTING FOR THE PRESIDENT, ON AUGUST 26, 1964, THUS CONSTITUTING THE PROMOTION LIST FROM WHICH THE ACTUAL PROMOTIONS BY LETTER OF SEPTEMBER 9, 1964, WERE EFFECTED.

PARAGRAPH 2 OF THE PROMOTION LETTER MAY APPEAR TO BE CONTRADICTORY IN THAT IT REFERS TO THE CONTENTS OF THAT LETTER AS "FOREGOING APPOINTMENTS" AND AS INCLUDING "AUTHORITY TO EFFECT THE APPOINTMENTS.' HOWEVER, THE REQUIREMENT IN SECTION 8.3107 OF THE GOVERNING REGULATIONS FOR A DETERMINATION, PRIOR TO DELIVERY OF THE APPOINTMENT IN EACH CASE, THAT THE OFFICER MEETS THE CONDITIONS SPECIFIED IN THE REGULATIONS AS TO PHYSICAL QUALIFICATIONS AND SATISFACTORY SERVICE SUBSEQUENT TO CONVENING OF THE SELECTION BOARD, DOES NOT CHANGE THE FACT THAT THE APPOINTMENT WAS MADE ON SEPTEMBER 9, 1964.

UNDER 14 U.S.C. 784, A RESERVE OFFICER PROMOTED UNDER RESERVE LAWS "SHALL BE ALLOWED PAY AND ALLOWANCES OF THE HIGHER GRADE FOR DUTY PERFORMED FROM THE DATE OF HIS APPOINTMENT THERETO.' LIEUTENANT REISINGER IS ENTITLED TO THE PAY AND ALLOWANCES OF A LIEUTENANT FROM SEPTEMBER 9, 1964, TO THE DATE OF RELEASE FROM ACTIVE DUTY AND IN SETTLEMENT FOR HIS UNUSED LEAVE.