PAY-Continued.

Promotions-Continued.
Retired personnel on active duty-Con.
warrant rank-Navy enlisted man
who was retired and advanced on
retired list pursuant to act of May 7,
1932, to World War rank of warrant
officer, and who, while on active duty
as enlisted man after retirement, was
promoted temporarily to commis-
sioned warrant officer under act of
July 24, 1941, should be regarded as
having been appointed from enlisted
status so as to entitle him, under
saved pay provision of sec. 7 (a) of
latter act, as amended, to either pay
and allowances of commissioned war-
rant officer or pay and allowances of
warrant officer, whichever is greater;
not to saved pay of warrant officer
plus allowances of commissioned war-
rant officer.....

Saved pay and allowances:

Chief and commissioned warrant offi-
cers:

Rights as affected by grade from which
promoted-savings clause in sec. 8,
Pay Readjustment Act, 1942, pro-
viding that commissioned warrant
officer "promoted from grade of war-
rant officer or warrant officer (junior
grade)" shall suffer no reduction in
pay by reason of such promotion does
not affect pay or allowances of com-
missioned warrant officer who was
not promoted from grade of warrant
officer or warrant officer (junior
grade)..

Saved pay as not affecting allow-
ances-savings clause in sec. 8, Pay
Readjustment Act, 1942, providing
that "commissioned warrant officer
or chief warrant officer promoted
from grade of warrant officer or war-
rant officer (junior grade) shall suffer
no reduction of pay by reason of
such promotion" does not prescribe
payment to commissioned warrant
officer of allowances authorized for-
warrant officers in conjunction with
saved pay of warrant officer, and,
therefore, only allowances payable
are those authorized by law for his
commissioned status...
Temporary promotions. See Pay, pro-
motions, temporary.

Temporary:

Effective date. See Pay, promotions,
effective date.

Saved pay and allowances:

Aide's pay:

Under sec. 7 (a), act of July 24, 1941,
as originally enacted, saving Navy,
etc., personnel temporarily pro-
moted under the act from any re-
duction in pay and allowances to
which they would have been en-

Promotions-Continued.

Temporary-Continued.

Saved pay and allowances-Continued.
Aide's pay-Continued.

titled but for promotion, Navy
lieutenant serving as aide, upon
promotion to temporary grade of
lieutenant commander and while
continuing to serve as aide, is en-
titled to retain aide's pay-which
is authorized only for officers not
above grade of lieutenant-in con-
junction with pay and allowances
of permanent grade so long as total
pay and allowances of permanent
grade, including aide's pay, are in
excess of pay and allowances of
temporary grade, excluding aide's

pay..
Where Navy lieutenant serving as
aide, upon promotion to tempo-
rary grade of lieutenant command-
er under act of July 24, 1941, did
not continue to serve as aide, aide's
pay-which is authorized only for
officers not above grade of lieu-
tenant-would not have been saved
to him under provisions of sec.
7 (a) of said act, as originally
enacted, saving Naval, etc., per-
sonnel temporarily promoted un-
der said act from any reduction in
pay and allowances to which they
would have been entitled but for
promotion, as reduction would not
have been due to promotion but to
termination of assignment as aide.
Compare 23 C. G. 21....
Changes in allowance and duty status:
Sec. 7 (a), act of July 24, 1941, as
amended, saves previous pay and
allowances of Navy, Marine Corps
and Coast Guard personnel, tem-
porarily appointed to a higher
grade or rank under said act, from
reduction due to temporary ap-
pointment, but not from reduc-
tion due to other changes in con-
ditions affecting such pay and
allowances; that is, statute does
not save or continue items of pay
and allowances (such as increased
pay for flying duty, sea duty, for-
eign duty, etc., and rental and
subsistence allowances) to which
the person would not have been en-
titled, either in permanent or tem-
porary status, under conditions of
actual subsequent service. 21 C.
G. 1012 and ibid. 1015, modified...
Under provisions of sec. 7 (a), act of
July 24, 1941, as amended, respect-
ing saving of pay and allowances
received by Navy, Marine Corps
and Coast Guard personnel at the
time of temporary promotion, tem-

PAY-Continued.

Promotions-Continued.
Temporary-Continued.

Saved pay and allowances-Continued.
Changes in allowances and duty sta-
tus:-Continued.

porary warrant officer of the Coast
Guard who was promoted from
permanent enlisted status and, at
time of appointment, received pay
and allowances of his temporary
grade because they were equal to or
greater than those of his permanent
grade may not now be paid the
pay and allowances of his perma-
nent grade which, because of
changed conditions of service, are
greater than those of his temporary
grade..

Where Navy lieutenant serving as
aide, upon promotion to tempo-
rary grade of lieutenant com-
mander under act of July 24, 1941,
did not continue to serve as aide,
aide's pay-which is authorized
only for officers not above grade of
lieutenant-would not have been
saved to him under provisions of
sec. 7 (a) of said act, as originally
enacted, saving Naval, etc., per-
sonnel temporarily promoted un-
der said act from any reduction in
pay and allowances to which they
would have been entitled but for
promotion, as reduction would
not have been due to promotion
but to termination of assignment
as aide. Compare 23 C. G. 21....
Continuance of enlisted aviation pay
without flight orders in temporary
officer rank-where Navy enlisted
man, subsequent to date of his tem-
porary appointment as warrant of-
ficer, continued to perform aerial
flighrs under orders issued to him as
enlisted man by his commanding
officer, instead of under orders issued
by Bureau of Naval Personnel as-
signing him to flying duty in his
status as warrant officer as required
by E. O. No. 9195, saved pay pro-
visions of sec. 7 (a), act of July 24,
1941, as amended, do not operate to
save to him flying pay of permanent
enlisted grade after date of tempo-
rary appointment as warrant officer.
Enlisted men appointed directly to
temporary commissioned rank:
Fact that enlisted man temporarily
appointed to commissioned rank
under authority of act of July 24,
1941, as amended, is entitled, under
third proviso to sec.7 (a) thereof, to
"pay and allowances of warrant
officer," if more than "pay and
allowances" of his commissioned
grade does not mean that he is to

Promotions-Continued.

Temporary-Continued.

Page

Saved pay and allowances-Continued.
Enlisted men appointed directly to
temporary commissioned rank-
Continued.

be regarded for such saved pay
purposes as having been promoted
from grade of warrant officer so as
to save to him higher pay of that
grade in conjunction with higher
allowance of his commissioned
grade as authorized under sec. 8,
Pay Readjustment Act of 1942, in
case of commissioned warrant of-
ficer promoted from grade of war-
rant officer...

Navy enlisted man promoted di-
rectly to temporary grade of com-
missioned warrant officer under act
of July 24, 1941, is entitled, under
third proviso of sec. 7 (a) of said
act, as added by act of Nov. 30,
1942, to either pay and allowances
of warrant officer or pay and al-
lowances of commissioned warrant
officer, whichever is greater; and
not to pay of warrant officer plus
allowances of commissioned war-
rant officer...

While, under third proviso of sec. 7
(a), act of July 24, 1941, as amended,
Navy enlisted men temporarily
appointed to commissioned rank
are entitled to pay and allowances
of warrant officers with equivalent
service or pay and allowances of
position temporarily occupied,
whichever is greater, second pro-
viso of that section saves to persons
temporarily appointed the pay and
allowances to which entitled at
time of appointment, and, there-
fore, enlisted man appointed
temporary commissioned officer
under said act may continue to
receive the pay and allowances of
enlisted grade, if greater than those
of warrant officer or position tem-
porarily occupied...
General rule as to pay, etc., which
might have accrued in permanent
status-provisions of sec. 7 (a), act
of July 24, 1941, as now amended,
respecting saved pay and allowances
of Navy, Marine Corps and Coast
Guard personnel temporarily pro-
moted under authority of the act,
save to such a temporarily promoted
person only pay and allowances to
which entitled at the time of tempo-
rary promotion, and do not-as was
the case under the act as originally
enacted-save right to further or
increased pay and allowances which
otherwise might have accrued under

387

PAY-Continued.

Promotions-Continued.

Temporary-Continued.

Saved pay and allowances-Continued.
permanent status subsequent to the
date of temporary promotion. 21
Comp. Gen. 1012 and ibid. 1015,
modified
Pay and allowances in temporary
status exceeding those in perma-
nent-in ascertaining pay and allow-
ances of Navy, Marine Corps, etc.,
personnel promoted to temporary
commissioned or warrant rank under
act of July 24, 1941, as amended, first
determination to be made is "the pay
and allowances provided by law" for
positions temporarily occupied, as
authorized by first proviso of sec. 7
(a) of said act, and, if such pay and
allowances equal or exceed pay and
allowances received prior to promo-
tion, second proviso of sec. 7 (a), that
officer shall suffer no reduction in pay
and allowances by reason of promo-
tion, has no application...
Temporary commissioned warrant
officers commissioned from tem-
porary warrant officer grade-under
first proviso to sec. 7 (a), act of July
24, 1941, as amended, that persons
temporarily commissioned or war-
ranted under said act shall be enti-
tled to pay and allowances "provided
by law for position temporarily occu-
pied," temporary commissioned
warrant officer who was promoted
from temporary warrant officer is
entitled to receive under saved pay
provision (which does not include
allowances) in sec. 8, Pay Readjust-
ment Act of 1942, as amended, pay of
warrant officer or pay of commis-
sioned warrant officer, whichever is
greater, and allowances of commis-
sioned warrant officer. B-31101,
Mar. 2, 1943 (based on 22 C. G. 236),
amplified..

What laws govern-since act of July 24,
1941, as amended, authorizing tempo-
rary promotion of Navy and Marine
Corps personnel during time of war
or national emergency, does not set out
rates of pay and allowances authorized
for personnel temporarily promoted
thereunder, it is to be assumed that pay
and allowances "as provided by law
for the position temporarily occupied"
authorized by first proviso of sec. 7 (a)
of said act for such personnel were to be
pay and allowances authorized by per-
manent provisions of law.

Rear admirals generally-length of time rear
admiral remains on list of rear admirals on
active list has no bearing on whether he will
pass from lower half to upper half; such

Page PAY-Continued.

21

change depends upon addition and removal
of names to and from the list through ap-
pointments, retirement, death, etc........
Retainer:

Marine Corps Reserve payment after 4
years in Reserve enlisted Marine Corps
reservist whose enrollment following
enlistment in Regular Marine Corps
expired in time of war, and who was re-
tained on active duty subsequent to
expiration of his 4-year term pursuant to
sec. 5, Naval Reserve Act of 1938, is not
entitled to receive $20 annual retainer
pay under sec. 205 of said act upon enter-
ing his fifth year as reservist................
Naval Reserve payment after 4 years in
Reserve-annual advance retainer pay
of $20 authorized under sec. 205, Naval
Reserve Act of 1938, for enlisted men in
Regular Navy who obligate themselves
to serve 4 years in Fleet Reserve upon
termination of their enlistments in Regu-
lar Navy, may not be paid for reserve
service subsequent to expiration of such
4-year term..
Retired:

See, also related heading: Retirement, mili-
tary, navol, etc.

Active duty after retirement-retention
of active-duty promotion upon return to
inactive status-provisions of act of
July 1, 1918, authorizing retired Navy
and Marine Corps enlisted men pro-
moted while on active duty to retain on
retired list rank, service, etc., held by
them at time of relief from active duty,
are exclusively applicable to enlisted
men of Regular Navy and Marine Corps
retired under provisions of acts of Mar. 3,,
1899, and Mar. 2, 1907, and have no appli-
cation to transferred Fleet Marine Corps
reservists on retired list who have been
promoted while on active duty. 21
Comp. Gen. 656, amplified..

Army Nurse Corps-as affected by war-
time assimilation of active-duty pay to
that of commissioned officers-provision
in act of Dec. 22, 1942, that pay, allow-
ances, etc., of Army nurses shall be
assimilated during war period to those of
commissioned officers, is, in effect,
merely provision for temporary increases
in active duty pay in time of war and does
not affect computation of retired pay of
retired personnel not performing active
duty...

Page

507

489

489

52

As affected by special increases for active-
duty personnel:
General rule-exceptional pay or in-
creases in pay given military, naval,
etc., personnel for special services on
active duty or under special circum-
stances incident to actual service, such
as temporary increases of active duty
pay in time of war, do not enter into
computation of retired pay.
52, 59

PAY-Continued.

Retired-Continued.

As affected by special increases for active-
duty personnel-Continued.
Temporary wartime increases:

In computing retired pay of officers
retired before or after June 1, 1942,
additional service temporarily au-
thorized by section 3A of Pay Read-
justment Act of 1942, as amended, to
be counted for active duty pay pur-
poses during war period may not be
counted..
Provision in sec. 3A, Pay Readjust-

ment Act of 1942, as amended, au-
thorizing officers paid under secs.
1 and 3 of act to count for pay pur-
poses during war period all periods
during which they were enlisted,
held appointments as warrant offi-
cers, etc., and provision in act of
Dec. 22, 1942, that pay, allowances,
etc., of Army nurses shall be assimi-
lated during war period to those of
commissioned officers, are, in effect,
merely provisions for temporary
increases in active duty pay in time
of war and do not affect computa-
tion of retired pay of retired per-
sonnel not performing active duty..
Concurrent civilian compensation. See Of-
ficers and Employees, holding two posi-
tions.

Discharge as affecting right to retirement
pay on account of disability:

In view of act of Oct. 10, 1942, amending
sec. 4, act of Aug. 27, 1940, so as to con-
fer right to retirement pay benefits
retroactively to Naval and Marine
Corps Reserve officers who were dis-
abled in service on and after Sept. 8,
1939, fact that Naval Reserve officer
was discharged, instead of being placed
on retired list, for physical disability
incurred between Sept. 8, 1939 and
Aug. 26, 1940, while on active duty,
does not operate to defeat officer's right
to retirement pay benefits authorized
by 1940 act, if otherwise entitled
thereto.....

In view of act of Oct. 10, 1942, amending
sec. 4, act of Aug. 27, 1940, to confer
right to retirement pay benefits retro-
actively to officers of Naval and Ma-
rine Corps Reserve who were disabled
in service on and after Sept. 8, 1939,
rule stated in 14 Op. Atty. Gen. 506;
17 id. 9; 19 id. 202; Miller v. U. S. 19,
C. Cls. 338, to effect that a person can-
not legally be placed on retired list
unless he is an officer of the descrip-
tion to which general retirement pro-
visions extend, is not for application to
Naval and Marine Corps Reserve
officers disabled in service between
Sept. 8, 1939, and Aug. 26, 1940, and

Retired Continued.
Discharge as affecting right to retirement
pay on account of disability-Con.
separated from service by discharge or
release from active duty......
Effect of abolishment of specialists' pay
and changes in pay grades of active-duty
specialists-Army enlisted man who,
when placed on retired list as private,
first class, was entitled to include pay of
specialist first class in computation of
his retired pay and allowances under
sec. 12 (b), act of Sept. 16, 1940, is entitled
to have his retired pay from and after
June 1, 1942-effective date of Pay Read-
justment Act of 1942, sec. 19 of which
abolished certain specialists' ratings-
computed on basis of active duty pay of
technician fourth grade as authorized by
1942 act and regulations issued there-
under.......

General rule as to change in retired pay
where pay rates are changed for active
enlisted men-changes in the pay of a
rank for active enlisted men of the Army
apply to the retired pay of retired en-
listed men of the same rank........
Longevity credits:

Active duty after retirement:

Commissioned or chief warrant of-
ficers:

Commissioned Navy warrant officer
with creditable record, retired pur-
suant to act of May 13, 1908, after
30 years' service, may be paid after
recall to active duty and subse-
quent advancement on retired list,
pursuant to section 8 (b), act of
July 24, 1941, for physical disabil-
ity incurred in line of duty, to rank
of lieutenant in which he was
temporarily serving at time of
such advancement, either retired
pay of commissioned warrant of-
ficer with his length of commis-
sioned service (including active
service performed since retire-
ment) retired after 30 years' serv-
ice or retired pay incident to
advancement on retired list pur-
suant to the act of July 24, 1941,
whichever is higher......

In view of provisions of act of June
19, 1942, that in determining active
duty and retired pay of commis-
sioned warrant officers of Navy,
the phrase "with creditable record
on the active list," appearing in
sec. 1, act of June 10, 1922, as
amended, shall be construed to
include, as service on active list,
service on active duty performed
subsequent to retirement, same
interpretation may be applied to
identical phrase appearing in fourth

Page

700

330

330

59

PAY-Continued.

Retired-Continued.

Longevity credits:-Continued.

Active duty after retirement-Con.
Commissioned or chief warrant of-
ficers-Continued.

paragraph of sec. 8, Pay Readjust-
ment Act of 1942, in same connec-
tion as in act of June 10, 1922-----
Persons with retired pay based on six
months' pay prior to retirement-in
computing the retired pay of Regu-
lar Army enlisted man who was re-
tired for physical disability under
act of June 30, 1941, which provides
that enlisted man so retired "shall
receive 75 per centum of the average
pay he was receiving for six months
prior to his retirement," there may
not be included for longevity pay
purposes active service performed
after retirement, notwithstanding
general language in sec. 15, Pay Re-
adjustment Act of 1942, that retired
enlisted men, etc., may include in
computing their retired pay in-
creases for active duty performed
since retirement. 22 C. G. 603, dis-
tinguished.....

Additional service authorized by sec. 1.
Pay Readjustment Act of 1942, as
amended-in computing retired pay
of officers transferred to retired list of
Regular Navy prior to June 1, 1942,
effective date of Pay Readjustment
Act of 1942, there may be counted such
service which they had at time of re-
tirement as is authorized to be counted
for pay purposes by provisions of sec..
1 of act, as amended, which are per-
manent in nature....

Army Medical Reserve Corps service-
inactive service in now-abolished
Army Medical Reserve Corps may not
be included in service of retired officer
to be counted for purpose of computing
his retired pay on basis of pay provided
in sec. 1, Pay Readjustment Act of
1942, as amended..

Enlisted, etc., service temporarily count-
able by active-duty officers during
wartime:

In computing retired pay of officers
retired before or after June 1, 1942,
additional service temporarily au-
thorized by section 3A of Pay Re-
adjustment Act of 1942, as amended,
to be counted for active duty pay
purposes during war period may not
be counted..

Provision in sec. 3A, Pay Readjust-

ment Act of 1942, as amended, au-
thorizing officers paid under secs. 1
and 3 of act to count for pay purposes
during war period all periods during
which they were enlisted, held ap-
pointments as warrant officers, etc.,

Longevity credits-Continued.

Enlisted, etc., service temporarily count-
able by active-duty officers dur-
ing wartime Continued.

and provision in act of Dec. 22, 1942,
that pay, allowances, etc., cf Army
nurses shall be assimilated during
war period to those of commissioned
officers, are, in effect, merely provi-
visions for temporary increases in
active duty pay in time of war and
do not affect computation of retired
pay of retired personnel not per-
forming active duty..

Inactive service on retired list:
Provisions of act of Mar. 2, 1903, per-
mitting Army officers retired on
account of wounds received in battle
to continue to be credited with in-
creases of longevity pay for time on
retired list, which provisions were
inconsistent with, and hence repealed
by, sec. 1, act of June 10, 1922, were
not reinstated by sec. 1, act of Dec. 2,
1942, amending sec. 1, Pay Readjust-
ment Act of 1942, to authorize count-
ing of inactive as well as active com-
missioned service in computing ac-
tive duty pay...
Regular Navy officer on retired list for
physical disability who was recalled
to active duty and temporarily pro-
moted pursuant to act of July 24,
1941, to higher rank is. upon subse-
quent advancement on retired list to
higher active duty rank for physical
disability incurred in line of duty,
pursuant to sec. 8 (c) of the act, en-
titled to retired pay computed at rate
of 75 percent of active duty pay of
such higher rank, including that part
which resulted from counting in-
active service on retired list as
authorized by permanent provisions
of sec. 1, Pay Readjustment Act of
1942, as amended....

Sec. 1, act of Dec. 2, 1942, amending sec.
1, Pay Readjustment Act of 1942, to
authorize counting of inactive as well
as active commissioned service in
computing active duty pay there-
under, did not amend or modify pro-
vision in sec. 15 of latter act-author-
izing counting of "all active duty
performed since retirement" in com-
puting retired pay-so as to author-
ize longevity increases otherwise in
"retirement pay" received by mem-
bers of Officers' Reserve Corps under
provisions of sec. 5, act of April 3,
1939, on account of disability result-
ing from wounds received in battle..
Retired pay based on pay received six
months prior to retirement-effect of
active duty after retirement-in comput-

Page