B-139107, APR. 3, 1962
Highlights
HOLDING THAT RESERVISTS SERVING ON ACTIVE DUTY IN A TEMPORARY OFFICER STATUS ARE ENTITLED TO MUSTERING-OUT PAYMENT INCIDENT TO AN APPOINTMENT IN A REGULAR COMPONENT. YOU SAY YOU WERE AN ARMY NURSE. THAT YOU WERE PAID MUSTERING- OUT PAY OF $300 AND SUBSEQUENTLY WERE REQUIRED TO REFUND IT. YOU ASK WHETHER ANY DECISION HAS BEEN REACHED AS TO WHETHER YOU AND OTHERS WHO WERE REQUIRED TO REFUND MUSTERING-OUT PAY UNDER SIMILAR CIRCUMSTANCES ARE NOW ENTITLED TO IT. THE JUDICIAL PROCEEDINGS IN THE DOWLING CASE ARE NOT YET FINAL AND UNTIL THE CASE IS FINALLY DISPOSED OF THE DOWLING DECISION MAY NOT BE ACCEPTED BY US AS A PRECEDENT IN THE SETTLEMENT OF CLAIMS AND AUDIT OF ACCOUNTS. WHILE DECISIONS OF THE COURT OF CLAIMS ARE GIVEN CAREFUL CONSIDERATION IN RELATION TO SIMILAR MATTERS COMING BEFORE THIS OFFICE.
B-139107, APR. 3, 1962
TO MRS. WANDA M. ALFORD:
YOUR LETTER OF MARCH 19, 1962, MAKES INQUIRY AS TO YOUR RIGHT TO A MUSTERING-OUT PAY PAYMENT. APPARENTLY YOUR LETTER HAS REFERENCE TO THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF DOWLING V. UNITED STATES, CT.CL. 174-60, DECIDED FEBRUARY 7, 1962, HOLDING THAT RESERVISTS SERVING ON ACTIVE DUTY IN A TEMPORARY OFFICER STATUS ARE ENTITLED TO MUSTERING-OUT PAYMENT INCIDENT TO AN APPOINTMENT IN A REGULAR COMPONENT.
YOU SAY YOU WERE AN ARMY NURSE; THAT YOU TRANSFERRED FROM RESERVE TO REGULAR STATUS WITHOUT A BREAK IN SERVICE; THAT YOU WERE PAID MUSTERING- OUT PAY OF $300 AND SUBSEQUENTLY WERE REQUIRED TO REFUND IT. YOU ASK WHETHER ANY DECISION HAS BEEN REACHED AS TO WHETHER YOU AND OTHERS WHO WERE REQUIRED TO REFUND MUSTERING-OUT PAY UNDER SIMILAR CIRCUMSTANCES ARE NOW ENTITLED TO IT.
THE JUDICIAL PROCEEDINGS IN THE DOWLING CASE ARE NOT YET FINAL AND UNTIL THE CASE IS FINALLY DISPOSED OF THE DOWLING DECISION MAY NOT BE ACCEPTED BY US AS A PRECEDENT IN THE SETTLEMENT OF CLAIMS AND AUDIT OF ACCOUNTS. MOREOVER, WHILE DECISIONS OF THE COURT OF CLAIMS ARE GIVEN CAREFUL CONSIDERATION IN RELATION TO SIMILAR MATTERS COMING BEFORE THIS OFFICE, SUCH DECISIONS ARE NOT BINDING UPON THIS OFFICE IN THE SETTLEMENT OF CLAIMS NOT INVOLVED IN THE COURT ACTION. IN THE EVENT THE DOWLING DECISION BECOMES FINAL IN ITS PRESENT FORM AND THIS OFFICE DECIDES TO FOLLOW IT, ANY CLAIM WHICH YOU MAY WISH TO PRESENT AT THAT TIME FOR AN AMOUNT COLLECTED FROM YOU BY REASON OF ERRONEOUS PAYMENT OF MUSTERING-OUT PAY SHOULD BE PRESENTED THROUGH ARMY CHANNELS.