A-12166, JANUARY 28, 1926, 5 COMP. GEN. 542

A-12166: Jan 28, 1926

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IS ENTITLED TO BE GRANTED WAR-RISK INSURANCE ON THE SAME BASIS AS OFFICERS APPOINTED IN THE REGULAR ARMY SINCE THE WAR IN TIME OF PEACE. 1926: I HAVE YOUR LETTER OF NOVEMBER 30. WHO WAS ORDERED TO ACTIVE DUTY FOR THE PERIOD SEPTEMBER 12. THE CONCLUSION OF THE FIRST DECISION WAS BASED ON THE TERMS OF SECTIONS 400. IT IS ASSUMED THAT LIEUTENANT SEIL WAS ASSIGNED TO ACTIVE DUTY UNDER THE LAST QUOTED PROVISION OF LAW. AS AN OFFICER APPOINTED IN THE REGULAR ARMY SINCE THE TERMINATION OF THE WORLD WAR AND IN TIME OF PEACE IS ENTITLED TO BE GRANTED WAR-RISK INSURANCE. " AND THERE APPEARS NOTHING IN THE STATUTES RELATING TO INSURANCE TO INDICATE AN INTENT THAT SUCH PRIVILEGE WAS NOT TO BE GRANTED TO RESERVE OFFICERS SO ASSIGNED.

A-12166, JANUARY 28, 1926, 5 COMP. GEN. 542

WAR-RISK INSURANCE - OFFICERS' RESERVE CORPS OF THE ARMY A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE ARMY ASSIGNED TO "ACTIVE DUTY FOR MORE THAN 15 DAYS IN ACCORDANCE WITH LAW" WITHIN THE MEANING OF SECTION 37A OF THE ACT OF JUNE 4, 1920, 41 STAT. 776, AND THE APPROPRIATION ACT OF FEBRUARY 12, 1925, 43 STAT. 921, IS ENTITLED TO BE GRANTED WAR-RISK INSURANCE ON THE SAME BASIS AS OFFICERS APPOINTED IN THE REGULAR ARMY SINCE THE WAR IN TIME OF PEACE.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JANUARY 28, 1926:

I HAVE YOUR LETTER OF NOVEMBER 30, 1925, REQUESTING DECISION WHETHER A POLICY OF $10,000 LEVEL-PREMIUM INSURANCE ON THE ORDINARY LIFE PLAN MAY BE ISSUED TO SECOND LIEUT. MANNING DAVID SEIL, A MEMBER OF THE OFFICERS' RESERVE CORPS, AIR SERVICE, UNITED STATES ARMY, WHO WAS ORDERED TO ACTIVE DUTY FOR THE PERIOD SEPTEMBER 12, 1925, TO MARCH 11, 1926.

DECISION OF SEPTEMBER 13, 1924, 4 COMP. GEN. 297, HELD THAT "NEITHER THE WAR-RISK INSURANCE ACT NOR THE WORLD WAR VETERANS' ACT, 1924, AUTHORIZES THE ISSUANCE OF WAR-RISK INSURANCE POLICIES TO MEMBERS OF THE OFFICERS' RESERVE CORPS, BASED SOLELY UPON ATTENDANCE AT A CAMP FOR INSTRUCTION OR TRAINING IN TIME OF PEACE.' SEE ALSO DECISION OF MARCH 11, 1925, 4 COMP. GEN. 749.

THE CONCLUSION OF THE FIRST DECISION WAS BASED ON THE TERMS OF SECTIONS 400, 401, AND 22 (6) OF THE WAR-RISK INSURANCE ACT AND SECTIONS 300 AND 3 OF THE WORLD WAR VETERANS' ACT. THE DECISION HELD THAT RESERVE OFFICERS COULD BE CONSIDERED AS WITHIN THE INSURANCE PROVISIONS OF SAID STATUTES ONLY IF THEIR STATUS BROUGHT THEM WITHIN THE TERM "EVERY COMMISSIONED OFFICER" APPEARING IN SECTION 400 OF THE WAR-RISK INSURANCE ACT, AND 300 OF THE WORLD WAR VETERANS' ACT.

PARAGRAPH 8 OF SECTION 3 OF THE WORLD WAR VETERANS' ACT, JUNE 7, 1924, 43 STAT. 608, PROVIDES AS FOLLOWS:

THE TERM "COMMISSIONED OFFICER" INCLUDES A WARRANT OFFICER, BUT INCLUDES ONLY AN OFFICER IN ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES.

PARAGRAPH (13) OF THE SAME SECTION PROVIDES AS FOLLOWS:

THE TERM "MILITARY OR NAVAL FORCES" MEANS THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE NAVAL RESERVES, THE NATIONAL NAVAL VOLUNTEERS, AND ANY OTHER BRANCH OF THE UNITED STATES SERVICE WHILE SERVING PURSUANT TO LAW WITH THE ARMY OR THE NAVY.

SECTION 1 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ARMY REORGANIZATION ACT OF JUNE 4, 1920, 41 STAT. 759, PROVIDES AS FOLLOWS:

THAT THE ARMY OF THE UNITED STATES SHALL CONSIST OF THE REGULAR ARMY, THE NATIONAL GUARD WHILE IN THE SERVICE OF THE UNITED STATES, AND THE ORGANIZED RESERVES, INCLUDING THE OFFICERS' RESERVE CORPS, AND THE ENLISTED RESERVE CORPS.

SECTION 37A OF THE SAME ACT, 41 STAT. 776, PROVIDES AS FOLLOWS:

RESERVE OFFICERS ON ACTIVE DUTY.--- TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE PRESIDENT MAY ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD; BUT EXCEPT IN TIME OF A NATIONAL EMERGENCY EXPRESSLY DECLARED BY CONGRESS, NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY. WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, BUT SHALL NOT BE ENTITLED TO RETIREMENT OR RETIRED PAY.

THE ACT OF FEBRUARY 12, 1925, 43 STAT. 921, APPROPRIATING FOR THE ORGANIZED RESERVES OF THE ARMY FOR THE FISCAL YEAR 1926, PROVIDES AS FOLLOWS:

OFFICERS' RESERVE CORPS: FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR NOT EXCEEDING FIFTEEN DAYS' TRAINING, $2,293,500; FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ACCORDANCE WITH LAW, $400,000: * * *

NO PORTION OF THIS APPROPRIATION SHALL BE EXPENDED FOR THE PAY OF A RESERVE OFFICER ON ACTIVE DUTY FOR A LONGER PERIOD THAN FIFTEEN DAYS, EXCEPT SUCH AS * * * MAY BE DETAILED FOR DUTY WITH TACTICAL UNITS OF THE AIR SERVICE, AS PROVIDED IN SECTION 37A OF THE ARMY REORGANIZATION ACT OF JUNE 4, 1920.

IT IS ASSUMED THAT LIEUTENANT SEIL WAS ASSIGNED TO ACTIVE DUTY UNDER THE LAST QUOTED PROVISION OF LAW.

AS AN OFFICER APPOINTED IN THE REGULAR ARMY SINCE THE TERMINATION OF THE WORLD WAR AND IN TIME OF PEACE IS ENTITLED TO BE GRANTED WAR-RISK INSURANCE, THERE WOULD APPEAR TO BE NO REASON FOR DENYING THE SAME PRIVILEGE TO AN OFFICER OF THE RESERVE CORPS ASSIGNED TO "ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ACCORDANCE WITH LAW," AND THERE APPEARS NOTHING IN THE STATUTES RELATING TO INSURANCE TO INDICATE AN INTENT THAT SUCH PRIVILEGE WAS NOT TO BE GRANTED TO RESERVE OFFICERS SO ASSIGNED.

THE QUESTION SUBMITTED IS ANSWERED IN THE AFFIRMATIVE. NOTHING IN THIS DECISION IS TO BE CONSTRUED AS MODIFYING 4 COMP. GEN. 297, ID. 749.