B-85801, AUGUST 4, 1949, 29 COMP. GEN. 59

B-85801, AUGUST 4, 1949, 29 COMP. GEN. 59

RETIREMENT - ENROLLED TEMPORARY MEMBERS OF COAST GUARD RESERVE TEMPORARY MEMBERS OF THE COAST GUARD RESERVE ENROLLED FOR DUTY PURSUANT TO SECTION 207 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, AS AMENDED, ARE NOT TO BE REGARDED AS HAVING SERVED IN THE STATUS OF COMMISSIONED OFFICERS, WARRANT OFFICERS, FLIGHT OFFICERS, OR ENLISTED PERSONS WITHIN THE PURVIEW OF SECTION 302 (A) OF THE ACT OF JUNE 29, 1948, SO AS TO BE ENTITLED TO THE BENEFITS OF THE ACT PROVIDING FOR THE RETIREMENT WITH PAY OF RESERVE PERSONNEL WHO HAVE COMPLETED 20 YEARS OF CREDITABLE FEDERAL SERVICE AND HAVE ATTAINED THE AGE OF 60 YEARS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE TREASURY, AUGUST 4, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 20, 1949, WHEREIN YOU REQUEST DECISION ON THE FOLLOWING QUESTIONS ARISING IN CONNECTION WITH THE ADMINISTRATION OF TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, PUBLIC LAW 810, APPROVED JUNE 29, 1948, 62 STAT. 1087:

(1) PRIOR TO THE ACT, CAN SERVICE AS A TEMPORARY MEMBER OF THE COAST GUARD RESERVE, IN ANY OF THE ABOVE CATEGORIES, BE CREDITED FOR RETIREMENT PURPOSES UNDER THE PROVISIONS OF TITLE III OF THE ACT?

(2) SUBSEQUENT TO THE ACT, CAN RETIREMENT POINTS BE EARNED BY, AND CREDITED TO, TEMPORARY MEMBERS OF THE COAST GUARD RESERVE IN THE MANNER PRESCRIBED BY SECTION 302 (B) (1), (2), AND (3), OF THE ACT?

SECTION 302 (A) OF THE SAID ACT OF JUNE 29, 1948, 62 STAT. 1087, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

ANY PERSON WHO, UPON ATTAINING OR HAVING ATTAINED THE AGE OF SIXTY YEARS, HAS PERFORMED SATISFACTORY FEDERAL SERVICE AS DEFINED IN THIS SECTION IN THE STATUS OF A COMMISSIONED OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ENLISTED PERSON IN THE ARMY OF THE UNITED STATES OR THE AIR FORCE OF THE UNITED STATES, INCLUDING THE RESPECTIVE RESERVE COMPONENTS THEREOF, AND ALSO INCLUDING THE FEDERALLY RECOGNIZED NATIONAL GUARD PRIOR TO 1933, THE UNITED STATES NAVY INCLUDING THE RESERVE COMPONENTS THEREOF, THE UNITED STATES MARINE CORPS, INCLUDING THE RESERVE COMPONENTS THEREOF, OR THE UNITED STATES COAST GUARD, INCLUDING THE RESERVE COMPONENTS THEREOF, AND HAS COMPLETED AN AGGREGATE OF TWENTY OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN ANY OR ALL OF THE AFORESAID SERVICES, SHALL, UPON APPLICATION THEREFOR, BE GRANTED RETIRED PAY * * *. (ITALICS SUPPLIED.)

PROVISIONS RESPECTING THE ENROLLMENT, DUTIES, PAY, ETC., OF TEMPORARY MEMBERS OF THE COAST GUARD RESERVE ARE CONTAINED IN SECTION 207 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, 55 STAT. 12, AS AMENDED, 14 U.S.C., SUPP. I, 307, WHICH READS AS FOLLOWS:

THE COMMANDANT, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY OR OF THE SECRETARY OF THE NAVY, WHILE THE COAST GUARD IS OPERATING AS A PART OF THE NAVY, IS HEREBY AUTHORIZED TO ENROLL AS TEMPORARY MEMBERS OF THE RESERVE, FOR DUTY UNDER SUCH CONDITIONS AS HE MAY PRESCRIBE, INCLUDING BUT NOT LIMITED TO PART-TIME AND INTERMITTENT ACTIVE DUTY WITH OR WITHOUT PAY, AND WITHOUT REGARD TO AGE, MEMBERS OF THE AUXILIARY, SUCH OFFICERS AND MEMBERS OF THE CREW OF ANY MOTOR-BOAT OR YACHT PLACED AT THE DISPOSAL OF THE COAST GUARD, AND SUCH MEN WHO BY REASON OF THEIR SPECIAL TRAINING AND EXPERIENCE ARE DEEMED BY THE COMMANDANT TO BE QUALIFIED FOR SUCH DUTY, AS ARE CITIZENS OF THE UNITED STATES OR OF ITS TERRITORIES OR POSSESSIONS, INCLUDING THE PHILIPPINE ISLANDS, TO DEFINE THEIR POWERS AND DUTIES, AND TO CONFER UPON THEM, APPROPRIATE TO THEIR QUALIFICATIONS AND EXPERIENCE, THE SAME RANKS, GRADES, AND RATINGS AS ARE PROVIDED FOR THE PERSONNEL OF THE REGULAR COAST GUARD RESERVE. WHEN PERFORMING ACTIVE DUTY WITH PAY, AS HEREIN AUTHORIZED, TEMPORARY MEMBERS OF THE RESERVE SHALL BE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF THEIR RESPECTIVE RANKS, GRADES, OR RATINGS, AS MAY BE AUTHORIZED FOR MEMBERS OF THE REGULAR COAST GUARD RESERVE. (ITALICS SUPPLIED.)

IT WILL BE OBSERVED THAT TEMPORARY MEMBERS OF THE COAST GUARD RESERVE, UNLIKE REGULAR MEMBERS THEREOF, ARE NOT COMMISSIONED OR ENLISTED IN SUCH RESERVE BUT ARE ENROLLED. AND, AS NOTED IN DECISION OF SEPTEMBER 4, 1943, 23 COMP. GEN. 164, REFERRED TO IN YOUR LETTER, THEIR GENERAL STATUS AND CONDITIONS OF SERVICE ARE ESSENTIALLY DIFFERENT FROM THOSE OF REGULAR MEMBERS OF THE COAST GUARD RESERVE. FOR EXAMPLE, THEY WERE SUBJECT TO THE PROVISIONS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 885; THEY MAY BE MEMBERS OF OTHER MILITARY OR NAVAL ORGANIZATIONS CONCURRENTLY WITH THEIR TEMPORARY MEMBERSHIP IN THE COAST GUARD RESERVE, EXPRESS PROVISION BEING MADE FOR THEIR RELEASE IF CALLED TO ACTIVE DUTY WITH ANOTHER ORGANIZATION; AND THEY ARE NOT ENTITLED TO THE BENEFITS, EXCEPT HOSPITALIZATION, GRANTED REGULAR MEMBERS OF THE RESERVE IN THE EVENT THEY SUFFER SICKNESS, DISEASE, DISABILITY, OR DEATH IN LINE OF DUTY, BUT FOR PHYSICAL INJURY IN LINE OF DUTY OR DEATH AS A RESULT OF SUCH INJURY THEY AND THEIR BENEFICIARIES ARE GRANTED THE BENEFITS PRESCRIBED BY LAW FOR CIVIL EMPLOYEES OF THE UNITED STATES. FURTHERMORE, MANY OF SUCH TEMPORARY MEMBERS OF THE RESERVE APPARENTLY WERE AND ARE INELIGIBLE FOR SERVICE AS REGULAR MEMBERS OF THE RESERVE BECAUSE OF THEIR AGE OR PHYSICAL CONDITION. SEE PAGE 3 OF HOUSE OF REPRESENTATIVES REPORT NO. 2525, 77TH CONGRESS, ON THE BILL H.R. 7629 (ACT OF NOV. 23, 1942, 56 STAT. 1020, AMENDING THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, AS AMENDED). UNDER SUCH CIRCUMSTANCES AND UNDER THE EXISTING STATUTES, THIS OFFICE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT TEMPORARY MEMBERS OF THE COAST GUARD RESERVE, AS SUCH, SERVE OR HAVE SERVED IN THE STATUS OF COMMISSIONED OFFICERS, WARRANT OFFICERS, FLIGHT OFFICERS, OR ENLISTED PERSONS WITHIN THE PURVIEW OF SECTION 302 OF THE ACT OF JUNE 29, 1948, SUPRA. CF. MITCHELL V. COHEN, 333 U.S. 411, WHEREIN IT WAS HELD THAT FORMER TEMPORARY MEMBERS OF THE VOLUNTEER PORT SECURITY FORCE OF THE COAST GUARD RESERVE ARE NOT EX-SERVICEMEN WITHIN THE PURVIEW OF THE VETERANS' PREFERENCE ACT OF 1944, 58 STAT. 387.

FOR THE REASONS STATED BOTH THE QUESTIONS PRESENTED ARE ANSWERED IN THE NEGATIVE.