B-113769, JUNE 10, 1953, 32 COMP. GEN. 548

B-113769, JUNE 10, 1953, 32 COMP. GEN. 548

PAY - SERVICE CREDITS - RESERVISTS - CONCURRENT SERVICE AS CADET OR MIDSHIPMAN SERVICE IN THE RESERVES DURING A PERIOD IN WHICH THE MEMBER CONCURRENTLY HELD THE STATUS OF CADET OR MIDSHIPMAN AT ONE OF THE MILITARY ACADEMIES MAY BE COUNTED, UNDER SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949 AND THE ARMED FORCES RESERVE ACT OF 1952, FOR BASIC PAY PURPOSES WITH THE EXCEPTION OF NAVAL RESERVISTS APPOINTED TO ONE OF THE ACADEMIES PRIOR TO JANUARY 1, 1953, WHOSE RESERVE STATUS WAS AUTOMATICALLY TERMINATED BY SUCH APPOINTMENT UNDER SECTION 4 OF THE NAVAL RESERVE ACT OF 1938, WHICH PROHIBITS NAVAL RESERVISTS FROM BEING MEMBERS OF ANY OTHER MILITARY ORGANIZATION, HOWEVER THE PROHIBITORY PROVISION OF THE SAID STATUTE FOR NAVAL RESERVISTS WAS REPEALED BY THE ARMED FORCES RESERVE ACT OF 1952, EFFECTIVE JANUARY 1, 1953.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF DEFENSE, JUNE 10, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1953, WITH ENCLOSURE, REQUESTING DECISION AS TO WHETHER SERVICE AS AN OFFICER IN A RESERVE COMPONENT, OR IN THE ARMY OF THE UNITED STATES, OR THE AIR FORCE OF THE UNITED STATES, DURING A PERIOD OF TIME IN WHICH THE MEMBER CONCURRENTLY HELD THE STATUS OF CADET OR MIDSHIPMAN AT ONE OF THE MILITARY ACADEMIES MAY BE COUNTED FOR BASIC PAY PURPOSES.

IN THE ENCLOSURE WITH YOUR LETTER, REFERENCE IS MADE TO THE CASES OF TWO RESERVE OFFICERS WHOSE DISCHARGES WERE NOT ACCOMPLISHED PRIOR TO ENTERING THE UNITED STATES MILITARY ACADEMY AND WHO CONTINUED TO HOLD A WARRANT OR COMMISSION IN THE ORGANIZED RESERVE CORPS FOR A PERIOD CONCURRENT WITH SERVICE AS A CADET AT SUCH ACADEMY. ONE OF THESE OFFICERS IS STATED TO HAVE RECEIVED AN APPOINTMENT AS WARRANT OFFICER, JUNIOR GRADE, IN THE ARMY OF THE UNITED STATES, OTHER THAN THE REGULAR ARMY, ON MARCH 22, 1943. ENTERED ON EXTENDED ACTIVE DUTY ON THE SAME DATE AND WAS RELIEVED FROM ACTIVE DUTY AS A WARRANT OFFICER ON JUNE 30, 1943. HE WAS APPOINTED A CADET, UNITED STATES MILITARY ACADEMY, ON JULY 1, 1943, AND CONTINUED IN A CADET STATUS UNTIL JUNE 4, 1946, WHEN HE WAS GRADUATED AND APPOINTED A SECOND LIEUTENANT, REGULAR ARMY. HIS APPOINTMENT AS A WARRANT OFFICER, JUNIOR GRADE, ARMY OF THE UNITED STATES, IS STATED TO HAVE BEEN TERMINATED AUTOMATICALLY UPON HIS ACCEPTANCE OF THE REGULAR ARMY APPOINTMENT AS SECOND LIEUTENANT ON JUNE 4, 1946. THE OTHER OFFICER SERVED AS A CADET AT THE UNITED STATES MILITARY ACADEMY FROM JUNE 30, 1946, TO JUNE 2, 1950, WHEN HE WAS GRADUATED AND APPOINTED A SECOND LIEUTENANT, REGULAR ARMY, HE HAVING BEEN CARRIED, ALSO, ON THE ROSTER OF THE AIR FORCE AS A FIRST LIEUTENANT, UNITED STATES AIR FORCE RESERVE, DURING THE PERIOD FROM JUNE 30, 1946, TO OCTOBER 12, 1948, ON WHICH LATTER DATE HIS COMMISSION IN THE AIR FORCE RESERVE WAS TERMINATED FORMALLY.

SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, PROVIDES, IN PART:

(A) SUBJECT TO THE PROVISIONS OF SUBSECTIONS (B), (C), AND (D) OF THIS SECTION, IN COMPUTING THE CUMULATIVE YEARS OF SERVICE TO BE COUNTED BY MEMBERS OF THE UNIFORMED SERVICES FOR DETERMINING THE AMOUNT OF BASIC PAY THEY ARE ENTITLED TO RECEIVE UPON COMPLETION OF SUCH YEARS OF SERVICE, SUCH MEMBERS SHALL BE CREDITED WITH---

(2) FULL TIME FOR ALL PERIODS DURING WHICH THEY * * * HELD APPOINTMENTS AS COMMISSIONED OFFICERS, COMMISSIONED WARRANT OFFICERS, WARRANT OFFICERS, ARMY FIELD CLERKS, OR FLIGHT OFFICERS, * * * IN THE REGULAR ARMY RESERVE, * * * OF IN THE ORGANIZED RESERVE CORPS, OR IN THE OFFICERS' RESERVE CORPS, * * * OR IN THE AIR FORCE RESERVE, OR IN THE OFFICERS' SECTION OF THE AIR FORCE RESERVE, * * * OR IN THE AIR CORPS RESERVE, OR IN THE ARMY OF THE UNITED STATES WITHOUT SPECIFICATION OF ANY COMPONENT THEREOF, OR IN THE AIR FORCE OF THE UNITED STATES WITHOUT SPECIFICATION OF ANY COMPONENT THEREOF * * *.

NOTHING HAS BEEN FOUND IN THE LAW OR THE REGULATIONS WHICH PROHIBITS AN OFFICER OF THE ARMY OF THE UNITED STATES OR OF THE AIR FORCE RESERVE FROM ACCEPTING AN APPOINTMENT TO THE MILITARY ACADEMY AND SINCE IT IS STATED THAT THE TWO OFFICERS REFERRED TO WERE NOT SEPARATED FROM THEIR COMMISSIONS UPON ENTERING THE ACADEMY, THEY CONTINUED TO REMAIN RESERVE OFFICERS OF THEIR RESPECTIVE SERVICES UNTIL THE ACTUAL DATES OF THEIR SEPARATION. SEE DECISION OF APRIL 1, 1943, B-32883. CF. 25 COMP. GEN. 655. ACCORDINGLY, SAID OFFICERS COME WITHIN THE PLAIN TERMS OF SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, AND ARE ENTITLED TO BE CREDITED, IN COMPUTING THEIR CUMULATIVE YEARS OF SERVICE FOR BASIC PAY PURPOSES WITH THE FULL TIME THEY HELD SUCH APPOINTMENTS. YOUR SUBMISSION AS TO SAID OFFICERS IS ANSWERED ACCORDINGLY.

AS TO THE GENERAL QUESTION PRESENTED IN YOUR LETTER--- AS STATED IN THE FIRST PARAGRAPH HEREOF--- THE SAME REASONING APPLIES IN VIEW OF THE SIMILAR PROVISIONS OF THE ARMED FORCES RESERVE ACT OF 1952. 66 STAT. 487. (SEE SECTIONS 219, 220, 221, 223, 66 STAT. 487; 229, 66 STAT. 488; 248, AND 249, 66 STAT. 495.) THUS, IT IS APPARENT THAT SUBSEQUENT TO THE EFFECTIVE DATE OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, AS WELL AS UNDER THE LAWS IN EFFECT PRIOR THERETO, A PERSON WHO HAS BEEN DULY APPOINTED AS AN OFFICER IN A RESERVE COMPONENT OF THE ARMY OR THE AIR FORCE, OR IN THE ARMY OF THE UNITED STATES, OR IN THE AIR FORCE OF THE UNITED STATES, MAY BE CREDITED, IN COMPUTING HIS CUMULATIVE YEARS OF SERVICE FOR BASIC PAY PURPOSES, WITH THE FULL TIME HE HOLDS SUCH APPOINTMENT NOTWITHSTANDING THE FACT THAT HE CONCURRENTLY HELD THE STATUS OF CADET OR MIDSHIPMAN AT ONE OF THE MILITARY ACADEMIES. HOWEVER, WITH REGARD TO AN APPOINTMENT IN THE NAVAL RESERVE PRIOR TO JANUARY 1, 1953, SECTION 4 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, PROHIBITED MEMBERS OF THE NAVAL RESERVE FROM BEING MEMBERS OF OTHER MILITARY OR NAVAL ORGANIZATIONS, SO THAT THE APPOINTMENT OF SUCH NAVAL RESERVISTS TO ONE OF THE ACADEMIES TERMINATED THEIR RESERVE STATUS. IT FOLLOWS THAT WITH RESPECT TO ANY SUCH APPOINTMENTS PRIOR TO JANUARY 1, 1953, THERE WOULD BE NO RESERVE SERVICE TO BE COUNTED FOR PAY PURPOSES. SEE 26 COMP. GEN. 455. SUCH PROVISIONS OF THE NAVAL RESERVE ACT OF 1938 WERE REPEALED, HOWEVER, EFFECTIVE JANUARY 1, 1953, BY SECTION 803 OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 505, 508, AND, ACCORDINGLY MEMBERS OF THE NAVAL RESERVE APPOINTED TO ONE OF THE ACADEMIES ON OR AFTER JANUARY 1, 1953, MAY BE CREDITED WITH CONCURRENT SERVICE IN THE NAVAL RESERVE FOR PAY PURPOSES.