B-26510, SEPTEMBER 30, 1942, 22 COMP. GEN. 281

B-26510, SEPTEMBER 30, 1942, 22 COMP. GEN. 281

PAY - NAVAL AND FLEET RESERVISTS - SERVICE CREDITS UNDER SECTION 1 OF THE ACT OF MAY 4, 1942, AUTHORIZING WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES TO BE CREDITED WITH LONGEVITY FOR PAY PURPOSES ON THE BASIS OF FULL TIME FOR ALL SERVICE SINCE JUNE 30, 1925, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD, NAVY ENLISTED MEN ASSIGNED OR TRANSFERRED TO THE FLEET RESERVE PRIOR TO COMPLETION OF MAXIMUM SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES ARE ENTITLED TO COUNT THEIR INACTIVE TIME AS RESERVISTS, BUT ONLY FOR LONGEVITY PAY PURPOSES WHEN ON ACTIVE DUTY. PERSONS RETIRED UNDER THE NAVAL RESERVE ACT OF 1938, WHETHER PLACED ON THE HONORARY RETIRED LIST CREATED BY SECTION 309 OF THE ACT OR ON THE REGULAR NAVY RETIRED LIST, ARE NOT THEREAFTER OFFICERS OR ENLISTED MEN OF THE NAVAL RESERVE IN AN INACTIVE STATUS, AND, THEREFORE, TIME ON SUCH HONORARY RETIRED LIST OF NAVAL RESERVE WARRANT OFFICERS AND ENLISTED MEN AND TIME ON SUCH REGULAR NAVY RETIRED LIST OF FLEET RESERVE ENLISTED MEN WHO HAVE BEEN PLACED THEREON FOR PHYSICAL DISABILITY IS NOT INACTIVE RESERVE SERVICE WHICH MAY BE COUNTED, PURSUANT TO THE ACT OF MAY 4, 1942, FOR LONGEVITY PAY PURPOSES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 30, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 5, 1942, TRANSMITTING A LETTER DATED MAY 29, 1942, FROM THE PAYMASTER GENERAL OF THE NAVY, AS FOLLOWS:

REFERENCE:

(A) ACT OF JULY 1, 1922 (42 STAT. 799).

(B)SECTIONS 201 AND 205 OF THE NAVAL RESERVE ACT OF 1938 APPROVED JUNE 25, 1938.

(C) ARTICLE H-9202 BUREAU OF NAVIGATION MANUAL.

(D) SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 APPROVED JUNE 25, 1938.

(E) PARAGRAPH G-4 (A) PAY BILL INSTRUCTIONS APPENDIX A BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

1. PARAGRAPH G-4 (A) PAY BILL INSTRUCTIONS, WHICH IS BASED ON SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 AND DECISIONS OF THE COMPTROLLER GENERAL IN CONNECTION THEREWITH, PROVIDES THAT SERVICE IN THE CASE OF ENLISTED MEN OF THE NAVAL RESERVE INCLUDES ALL SERVICE IN THE NAVY, MARINE CORPS, COAST GUARD, LEGAL ACTIVE SERVICE IN THE NAVAL MILITIA, ACTIVE DUTY SERVICE (BUT NOT TRAINING DUTY) WITH THE NAVAL RESERVE FORCE, NATIONAL NAVAL VOLUNTEERS, MARINE CORPS RESERVE, AND NAVAL RESERVE. THE ACT OF MAY 4, 1942, EXTENDED THE SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES BY ENLISTED MEN OF THE NAVAL RESERVE TO INCLUDE "FULL TIME FOR ALL SERVICE SINCE JUNE 30, 1925, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE, MARINE CORPS RESERVE AND THE NATIONAL GUARD.'

2. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER ENLISTED MEN ASSIGNED OR TRANSFERRED TO THE FLEET RESERVE PRIOR TO COMPLETION OF THE MAXIMUM SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES MAY COUNT THE SERVICE INCLUDED IN THE ACT OF MAY 4, 1942 FOR PURPOSE OF DETERMINING DATE OF COMPLETION OF AN INCREMENT OF SERVICE FOR LONGEVITY PAY.

3. IT IS ALSO REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE TRANSFERRED TO THE HONORARY RETIRED LIST PRIOR TO THE COMPLETION OF THE MAXIMUM PERIOD OF SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES ARE ENTITLED TO INCLUDE THE TIME ON THE HONORARY RETIRED LIST FOR LONGEVITY PAY PURPOSES UNDER THE ACT OF MAY 4, 1942.

4. IT IS FURTHER REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL WHETHER ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE AFTER COMPLETION OF 16 OR 20 YEARS' SERVICE AND WHO ARE SUBSEQUENTLY PLACED ON THE RETIRED LIST OF THE REGULAR NAVY FOR PHYSICAL DISABILITY PRIOR TO THE COMPLETION OF THE MAXIMUM PERIOD OF SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES ARE ENTITLED TO INCLUDE TIME ON THE RETIRED LIST FOR LONGEVITY PAY PURPOSES UNDER THE ACT OF MAY 4, 1942.

SECTION 1 OF PUBLIC LAW 538, APPROVED MAY 4, 1942, 56 STAT. 266, PROVIDES:

THAT HEREINAFTER WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES SHALL BE CREDITED WITH LONGEVITY FOR PAY PURPOSES ON THE BASIS OF FULL TIME FOR ALL SERVICE SINCE JUNE 30, 1925, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES SHALL NOT BE CREDITED FOR THIS PURPOSE WITH TIME SERVED IN THE INACTIVE NATIONAL GUARD NOT IN THE ACTIVE FEDERAL SERVICE.

BY SECTION 1 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, 34 U.S.C. 853, THERE WAS CREATED AND ESTABLISHED AS A COMPONENT PART OF THE UNITED STATES NAVY---

* * * A NAVAL RESERVE WHICH SHALL CONSIST OF THE FLEET RESERVE, THE ORGANIZED RESERVE, THE MERCHANT MARINE RESERVE, AND THE VOLUNTEER RESERVE: PROVIDED, THAT ALL MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE FLEET NAVAL RESERVE AS THE RESULT OF SIXTEEN OR MORE YEARS OF ACTIVE NAVAL SERVICE, ARE HEREBY TRANSFERRED TO THE FLEET RESERVE CREATED BY THIS ACT, AND SHALL CONTINUE TO RECEIVE THE SAME PAY, ALLOWANCES, AND BENEFITS WHICH THEY WERE LEGALLY ENTITLED TO RECEIVE AT THE TIME OF APPROVAL OF THIS ACT

TITLE II OF THE NAVAL RESERVE ACT, PERTAINING TO THE FLEET RESERVE IN SECTION 201, 52 STAT. 1178, PROVIDES:

THE FLEET RESERVE SHALL BE COMPOSED OF OFFICERS AND ENLISTED MEN TRANSFERRED OR ASSIGNED THERETO IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT: PROVIDED, THAT SUBJECT TO THEIR OWN CONSENT, EX-OFFICERS AND EX- ENLISTED MEN OF THE REGULAR NAVY, WHO HAVE BEEN HONORABLY DISCHARGED THEREFROM AFTER NOT LESS THAN FOUR YEARS' SERVICE THEREIN, MAY, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, BE APPOINTED OR ENLISTED IN THE NAVAL RESERVE IN THE RANKS OR RATINGS LAST HELD BY THEM IN THE REGULAR NAVY, AND ASSIGNED TO THE FLEET RESERVE CREATED BY THIS ACT.

IN SECTION 205 OF THE ACT, 52 STAT. 1179, THE SECRETARY OF THE NAVY WAS AUTHORIZED TO REQUIRE ENLISTED MEN OF THE REGULAR NAVY TO OBLIGATE THEMSELVES TO SERVE IN THE FLEET RESERVE AND PROVIDED FOR THE ADVANCE PAYMENT TO THEM OF $20 PER ANNUM DURING SUCH ASSIGNMENT OR TRANSFER TO THE FLEET RESERVE. SECTION 203 OF THE ACT 52 STAT. 1178, CONTAINS PROVISIONS FOR THE TRANSFER TO THE FLEET RESERVE OF MEN IN THE NAVY PRIOR TO JULY 1, 1925, ON THE COMPLETION OF 16 OR 20 YEARS' OR MORE SERVICE AT ONE-THIRD OR ONE-HALF THE BASE PAY THEY WERE RECEIVING AT THE TIME OF TRANSFER PLUS ALL PERMANENT ADDITIONS THERETO AND SECTION 204 MAKES SOMEWHAT SIMILAR PROVISIONS FOR ENLISTED MEN OF THE NAVY WHO FIRST ENLISTED AFTER JULY 1, 1925, FOR TRANSFER TO THE FLEET RESERVE AFTER 20 YEARS' NAVAL SERVICE. UNDER SECTION 1, THE FLEET RESERVE REFERRED TO IN TITLE II OF THE NAVAL RESERVE ACT OF 1938 IS A PART OF THE NAVAL RESERVE AND MEMBERS THEREOF ARE ENTITLED TO COUNT THEIR INACTIVE TIME AS RESERVISTS FOR LONGEVITY PAY PURPOSES UNDER THE ACT OF MAY 4, 1942, ONLY WHEN ON ACTIVE DUTY. WHEN NOT ON ACTIVE DUTY THE PAY SPECIFICALLY PROVIDED BY STATUTE IN THAT SITUATION IS NOT MODIFIED BY THE ACT OF MAY 4, 1942. THE FIRST QUESTION IS ANSWERED ACCORDINGLY.

SECTION 204 OF THE NAVAL RESERVE ACT, ABOVE REFERRED TO, PROVIDES IN PART AS FOLLOWS:

* * * THAT ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 1 AND 203 OF THIS ACT SHALL, UPON COMPLETION OF THIRTY YEARS' SERVICE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE AND THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE: AND PROVIDED FURTHER, THAT ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL, UPON COMPLETION OF THIRTY YEARS' SERVICE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE, PLUS ALL PERMANENT ADDITIONS THERETO, AND THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE. SEE, ALSO, SECTION 206 RELATIVE TO THE RETIREMENT OF TRANSFERRED FLEET RESERVISTS WHO ARE FOUND NOT PHYSICALLY QUALIFIED.

SECTION 308, 52 STAT. 1182, REQUIRES OFFICERS OF THE NAVAL RESERVE TO BE EXAMINED PHYSICALLY ONCE EVERY FOUR YEARS OR OFTENER AND IF FOUND PHYSICALLY DISQUALIFIED THEY SHALL BE HONORABLY DISCHARGED OR PLACED ON THE HONORARY RETIRED LIST CREATED BY SECTION 309, 52 STAT. 1183. SECTION 308 PROVIDES, ALSO, FOR TRANSFER TO THE HONORARY RETIRED LIST ON ACCOUNT OF AGE. SECTION 309 ESTABLISHES AN HONORARY RETIRED LIST FOR THE NAVAL RESERVE FOR OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE WITHOUT PAY OR ALLOWANCES UPON REACHING THE AGE OF 64 YEARS, OR UPON THEIR OWN REQUEST AFTER 30 YEARS' SERVICE AND SECTION 310 OF THE ACT PROVIDES FOR RETIREMENT PAY FOR THE PERSONS WHO QUALIFY AS THEREIN REQUIRED.

PERSONS RETIRED UNDER THE PROVISIONS OF THE SECTIONS OF THE NAVAL RESERVE ACT OF 1938, HEREINBEFORE REFERRED TO, WHETHER TO THE REGULAR NAVY OR TO THE HONORARY RETIRED LIST ARE NOT OFFICERS OR ENLISTED MEN OF THE NAVAL RESERVE IN AN INACTIVE STATUS. THEIR RETIREMENT SEPARATED THEM FROM THE INACTIVE LIST OF THE NAVAL RESERVE; HENCE, THEY ARE NOT WITHIN THE EXPRESS OR IMPLIED PROVISIONS OF THE ACT OF MAY 4, 1942. SPECIFICALLY, WHEN NOT ON ACTIVE DUTY THEY ARE ON THE RETIRED LIST NOT ON THE INACTIVE LIST OF THE ACTIVE NAVAL RESERVE. QUESTIONS 2 AND 3 ARE ANSWERED IN THE NEGATIVE.