B-25525, JUNE 30, 1942, 21 COMP. GEN. 1143

B-25525, JUNE 30, 1942, 21 COMP. GEN. 1143

PAY - ADDITIONAL - SEA DUTY - COMMISSIONED OFFICERS OF PUBLIC HEALTH SERVICE ASSIGNED TO COAST GUARD UNDER EXECUTIVE ORDER NO. 8988, COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE WHO ARE DETAILED ON COAST GUARD VESSELS CONSTITUTE WHILE ON SUCH ASSIGNMENTS A PART OF THE NAVAL FORCES OF THE UNITED STATES, AND SUCH OFFICERS WHILE SO DETAILED ARE ENTITLED TO THE INCREASED PAY AUTHORIZED FOR SEA DUTY BY SECTION 18 OF THE ACT OF MARCH 7, 1942, UNDER SIMILAR CONDITIONS OF SERVICE AND SUBJECT TO THE SAME LIMITATIONS AS APPLY TO MEDICAL OFFICERS OF THE ARMY AND COMMISSIONED OFFICERS OF THE NAVAL FORCES. A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE WHO WAS DETAILED TO THE COAST GUARD AND ORDERED TO PROCEED TO PUERTO RICO TO REPORT FOR DUTY ABOARD A COAST GUARD VESSEL IS ENTITLED TO THE INCREASED PAY AUTHORIZED FOR COMMISSIONED OFFICERS FOR SEA AND FOREIGN SHORE DUTY BY SECTION 18 OF THE ACT OF MARCH 7, 1942, ONLY FROM THE DATE OF REPORTING ON BOARD THE ASSIGNED VESSEL TO THE DATE OF DETACHMENT THEREFROM.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO R. L. HARLOW, UNITED STATES PUBLIC HEALTH SERVICE, JUNE 30, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 17, 1942, WITH ENCLOSURES, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THE UNDERSIGNED FOR CERTIFICATION THE ENCLOSED VOUCHER IN FAVOR OF ASSISTANT SURGEON LLOYD S. ROLUFS, A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE, COVERING TEN PERCENT INCREASE IN BASE PAY FOR THE PERIOD JANUARY 1, 1942, TO MARCH 26, 1942. THE CLAIM OF DR. ROLUFS IS BASED ON SECTION 18 OF PUBLIC LAW 490--- 77TH CONGRESS, APPROVED MARCH 7, 1942. DURING THE PERIOD COVERED BY HIS CLAIM HE RECEIVED BASE PAY AT THE RATE OF $2,000 PER ANNUM.

THE RECORDS OF THE PUBLIC HEALTH SERVICE SHOW THAT ASSISTANT SURGEON ROLUFS, PURSUANT TO COMPETENT ORDERS, LEFT MIAMI, FLORIDA, JANUARY 1, 1942, AND ARRIVED IN SAN JUAN, PUERTO RICO, ON JANUARY 3, 1942, FOR THE PURPOSE OF ASSUMING DUTY ON BOARD THE COAST GUARD CUTTER UNALGA. BECAUSE THE UNALGA WAS AT SEA, HE DID NOT REPORT ON BOARD UNTIL JANUARY 6, 1942. HE WAS DETACHED FROM THE UNALGA ON MARCH 24, 1942, UNDER ORDERS TO REPORT TO WASHINGTON, D.C., FOR DUTY. ON THE SAME DAY, BY TELEGRAM FROM MIAMI, FLORIDA, HE REPORTED HIS ARRIVAL IN THE UNITED STATES, AND REQUESTED SEVEN DAYS' LEAVE EN ROUTE TO HIS NEW POST OF DUTY, WHICH WAS GRANTED. REPORTED FOR DUTY AT WASHINGTON, D.C. ON APRIL 2, 1942.

SINCE DR. ROLUFS' CLAIM INCLUDES TEN PERCENT INCREASE IN PAY FOR REPORTING FOR DUTY WITH THE COAST GUARD BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, AND TRAVEL TIME WHICH WOULD HAVE ENSUED HAD HE PROCEEDED DIRECT TO HIS NEW STATION IN THE UNITED STATES, YOUR DECISION IS REQUESTED AS TO THE EXTENT TO WHICH TRAVEL TIME IS FOR CONSIDERATION.

IT WOULD SEEM THAT EXECUTIVE ORDER 8988 OF DECEMBER 23, 1942, AND THE ACT OF JULY 9, 1917 (42 U.S.C., 20), MAY HAVE SOME BEARING ON THE QUESTION.

SECTION 18 OF PUBLIC LAW 490, APPROVED MARCH 7, 1942, 56 STAT. 148, PROVIDES:

SEC. 18. HEREAFTER THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER IN SUCH FORCES SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, WHICH INCREASES IN PAY SHALL BE IN ADDITION TO PAY AND ALLOWANCES AS NOW AUTHORIZED: PROVIDED, THAT THE PERCENTUM INCREASES HEREIN AUTHORIZED SHALL BE INCLUDED IN COMPUTING INCREASES IN PAY FOR AVIATION AND SUBMARINE DUTY: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE FROM DECEMBER 7, 1941, AND SHALL CEASE TO BE IN EFFECT TWELVE MONTHS AFTER THE TERMINATION OF THE PRESENT WAR IS PROCLAIMED BY THE PRESIDENT.

EXECUTIVE ORDER NO. 8988, PROMULGATED DECEMBER 23, 1941, PURSUANT TO SECTION 4 OF THE ACT OF JULY 1, 1902, 32 STAT. 713, AS AMENDED, 42 U.S.C. 8, PROVIDES:

WHEREAS BY EXECUTIVE ORDER NO. 8929 OF NOVEMBER 1, 1941, THE COAST GUARD IS NOW OPERATING AS A PART OF THE NAVY, SUBJECT TO THE ORDERS OF THE SECRETARY OF THE NAVY; AND

WHEREAS COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE NOW SERVING ON COAST GUARD VESSELS AND WITH OTHER COAST GUARD UNITS PURSUANT TO ORDERS ISSUED UNDER COMPETENT AUTHORITY:

NOW, THEREFORE, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE STATUTORY PROVISIONS ABOVE SET OUT, I HEREBY DIRECT THAT COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED FOR DUTY ON COAST GUARD VESSELS AND WITH OTHER COAST GUARD UNITS SHALL CONTINUE ON SUCH DETAILS UNTIL RELIEVED BY COMPETENT AUTHORITY, AND THAT SUCH OFFICERS, INCLUDING THOSE ORDERED TO SUCH DUTY AS REPLACEMENTS OR IN ADDITION TO PRESENT COMPLEMENTS, WHILE ENGAGED UPON SUCH ASSIGNMENTS SHALL CONSTITUTE A PART OF THE NAVAL FORCES OF THE UNITED STATES, SUBJECT TO THE ORDERS OF THE SECRETARY OF THE NAVY.

WHEN ASSIGNED TO DUTY WHICH CONSTITUTES THEM AS A PART OF THE NAVAL FORCES OF THE UNITED STATES, COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE ENTITLED TO 10 PERCENT INCREASE IN THEIR BASE PAY FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY, AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, UNDER SIMILAR CONDITIONS OF SERVICE AND SUBJECT TO THE SAME LIMITATIONS AS ARE APPLICABLE TO MEDICAL OFFICERS OF THE ARMY AND COMMISSIONED OFFICERS OF THE NAVAL FORCES OF THE UNITED STATES. SEE IN THIS CONNECTION, ALSO, AS TO THEIR ASSIMILATION TO THE PAY AND ALLOWANCE OF MEDICAL OFFICERS OF THE ARMY, THE FIRST PART OF SECTION 9 OF THE ACT OF APRIL 9, 1930, 46 STAT. 151, 42 U.S.C. ( SUPP.) 37.

IN A DECISION TO THE SECRETARY OF WAR, B-25847, DATED MAY 25, 1942, 21 COMP. GEN. 1050, THERE WERE CONSIDERED AND ANSWERED SEVERAL QUESTIONS INVOLVING SERVICE CONDITIONS WHICH ENTITLED ARMY PERSONNEL TO THE INCREASES PROVIDED UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942, AND WITH RESPECT TO QUESTION 1 OF THE SUBMISSION IT WAS STATED:

ON THE BASIS OF THE DECISIONS UNDER THE ACT OF JUNE 30, 1902, 32 STAT. 512, APPLICABLE TO THE ARMY AND THE ACT OF MAY 13, 1908, 35 STAT. 128, AS AMENDED, APPLICABLE TO THE NAVY, IT WAS HELD IN EFFECT IN DECISION B- 24335, DATED APRIL 17, 1942, 21 COMP. GEN. 932, THAT THE INCREASE UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942, FOR SEA DUTY IS PAYABLE FROM THE DATE OF REPORTING ABOARD THE VESSEL TO WHICH ASSIGNED, AND FOR FOREIGN SERVICE FROM THE DATE OF DEPARTURE FROM THE UNITED STATES UNDER AN ASSIGNMENT TO FOREIGN SERVICE. ON THE ASSUMPTION THAT THE PERSONS REFERRED TO ARE, AS STATED IN THE QUESTION, ASSIGNED TO DUTY ON BOARD ARMY MINE PLANTERS, HARBOR BOATS OR SUPPLY SHIPS AND NOT ORDERED THEREON FOR TRAVEL INCIDENT TO "DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA" THEY WOULD NOT BE ENTITLED TO THE INCREASES FOR FOREIGN SERVICE, MERE TRAVEL BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES WITHOUT AN ASSIGNMENT TO DUTY THEREAT NOT CONSTITUTING FOREIGN SERVICE. SEE 11 COMP. DEC. 688. * * *

UNDER THE ORDERS OF DECEMBER 27, 1941, ASSISTANT SURGEON LLOYD S. ROLUFS WAS DIRECTED TO REPORT TO THE COMMANDING OFFICER OF THE UNITED STATES COAST GUARD CUTTER UNALGA FOR DUTY. IT IS INDICATED THAT PURSUANT THERETO THE OFFICER ARRIVED AT SAN JUAN, PUERTO RICO, JANUARY 3, 1942; REPORTED FOR DUTY ON BOARD JANUARY 6, 1942, BEING UNABLE TO REPORT SOONER AS THE UNALGA WAS AT SEA, AND PURSUANT TO ORDERS OF THE SURGEON GENERAL, DATED MARCH 12, 1942, WAS RELIEVED FROM DUTY ON BOARD THE UNALGA, MARCH 24, 1942, AND FOLLOWING SEVEN DAYS' LEAVE OF ABSENCE REPORTED TO THE STATES RELATIONS DIVISION, WASHINGTON, D.C., FOR DUTY.

UNDER THE DECISION OF MAY 25, 1942, REFERRED TO, THE OFFICER IS ENTITLED TO SEA DUTY PAY FROM DATE OF REPORTING ON BOARD THE UNALGA, JANUARY 6, 1942, TO DATE OF DETACHMENT THEREFROM, MARCH 24, 1942. ACCORDINGLY, UPON ADJUSTMENT OF THE VOUCHER HE MAY BE PAID THE INCREASE IN BASE PAY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, FOR SEA DUTY DURING THAT PERIOD. THE VOUCHER IS RETURNED HEREWITH.