B-116474, AUGUST 31, 1953, 33 COMP. GEN. 101

B-116474, AUGUST 31, 1953, 33 COMP. GEN. 101

PAY - AVIATION RESERVE OFFICERS' LUMP-SUM PAYMENTS PERSONS APPOINTED AS OFFICERS IN THE ARMY OF THE UNITED STATES, ALTHOUGH ASSIGNED TO DUTY IN THE AIR CORPS, DO NOT THEREBY BECOME AIR FORCE RESERVE OFFICERS AND ARE NOT ENTITLED TO THE AVIATION RESERVE OFFICERS' LUMP-SUM PAYMENT AUTHORIZED BY SECTION 6 OF THE ARMY AVIATION CADET ACT.

COMPTROLLER GENERAL WARREN TO KENNETH ELMER WINSNESS, AUGUST 31, 1953:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 20, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 9, 1953, WHICH DISALLOWED YOUR CLAIM FOR A LUMP-SUM BONUS UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED BY SECTION 6 OF THE ACT OF JUNE 3, 1941, 55 STAT. 240.

YOU ARE APPARENTLY OF THE OPINION THAT YOUR CLAIM WAS DISALLOWED PRIMARILY FOR THE REASON THAT THE RECORDS INDICATE THAT YOU ENLISTED AS A PRIVATE RATHER THAN AN AVIATION CADET ON APRIL 6, 1942. IN THAT CONNECTION, YOU INSIST THAT YOU QUALIFIED AS AN AVIATION CADET AND ENLISTED AS SUCH ON APRIL 6, 1942, AND THAT DUE TO LACK OF TRAINING FACILITIES YOU WERE SUBSEQUENTLY CARRIED AS A PRIVATE UNTIL SUCH FACILITIES BECAME AVAILABLE.

THE ASSISTANT AIR ADJUTANT GENERAL HAS REPORTED THAT YOU ENLISTED AS A PRIVATE, AIR CORPS UNASSIGNED, ON APRIL 6, 1942; THAT YOU WERE PLACED ON INDEFINITE FURLOUGH ON APRIL 7, 1942; THAT YOU WERE APPOINTED AN AVIATION CADET ON AUGUST 1, 1942, BY PARAGRAPH 1, SPECIAL ORDERS NO. 92, HEADQUARTERS, MINNESOTA RECRUITING DISTRICT, DATED JULY 30, 1942; AND THAT YOU WERE HONORABLY DISCHARGED AS AN AVIATION CADET ON APRIL 21, 1943, TO ACCEPT A COMMISSION. IT ALSO IS REPORTED THAT YOU WERE APPOINTED A SECOND LIEUTENANT, ARMY OF THE UNITED STATES, ON APRIL 22, 1943, AND ACCEPTED SUCH APPOINTMENT THE SAME DATE; THAT YOU WERE PROMOTED TO FIRST LIEUTENANT, ARMY OF THE UNITED STATES, ON DECEMBER 8, 1943; THAT YOU WERE PROMOTED TO CAPTAIN, ARMY OF THE UNITED STATES, ON JUNE 28, 1945; THAT YOU WERE APPOINTED CAPTAIN, AIR FORCE OFFICERS RESERVE CORPS, ON NOVEMBER 12, 1945, AND THAT YOU WERE HONORABLY SEPARATED FROM THE SERVICE ON JANUARY 17, 1946, BY REASON OF DEMOBILIZATION.

THE ABOVE-MENTIONED SECTION 6 OF THE ARMY AVIATION CADET ACT, 55 STAT. 240, AMENDED SECTION 2 OF THE ACT OF JUNE 16, 1936 (49 STAT. 1524), AS AMENDED, TO READ AS FOLLOWS:

WHENEVER ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, HE SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AS SUCH OFFICER, AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST, OR AS A RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE AS DETERMINED BY THE SECRETARY OF WAR, SUCH LUMP-SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE. THE LUMP-SUM PAYMENTS HEREIN AUTHORIZED SHALL BE IN ADDITION TO ANY PAY, ALLOWANCES, COMPENSATION, OR BENEFITS WHICH SUCH OFFICERS MAY OTHERWISE BE ENTITLED TO RECEIVE. ( ITALICS SUPPLIED.)

IT WILL BE SEEN FROM THE ABOVE-QUOTED STATUTORY PROVISION THAT THE LUMP- SUM PAYMENT OF $500 FOR EACH YEAR OF CONTINUOUS ACTIVE SERVICE WAS SPECIFICALLY AUTHORIZED ONLY FOR AIR CORPS RESERVE OFFICERS UNDER CERTAIN SPECIFIED CONDITIONS. IT HAS BEEN HELD THAT PERSONS APPOINTED AS OFFICERS IN THE ARMY OF THE UNITED STATES, ALTHOUGH ASSIGNED TO DUTY IN THE AIR CORPS, DO NOT THEREBY BECOME AIR FORCE RESERVE OFFICERS AND THEY DO NOT COME WITHIN THE ABOVE-QUOTED STATUTORY LANGUAGE AUTHORIZING THE ADDITIONAL LUMP-SUM PAYMENTS FOR AIR CORPS RESERVE OFFICERS FOR EACH COMPLETE YEAR OF ACTIVE SERVICE "AS SUCH OFFICER.' 24 COMP. GEN. 423; 25 COMP. GEN. 512. SINCE THE OFFICIAL RECORDS SHOW THAT YOU WERE NOT COMMISSIONED IN THE AIR CORPS RESERVE, BUT THAT YOU ACCEPTED YOUR APPOINTMENT AS A COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES, THERE WOULD BE NO LEGAL BASIS TO CREDIT YOU WITH THE SAID LUMP-SUM PAYMENT FOR THE PERIOD OF YOUR ACTIVE COMMISSIONED SERVICE.

ACCORDINGLY, FOR THE REASONS STATED HEREIN, THE DISALLOWANCE OF YOUR CLAIM FOR THE LUMP-SUM BONUS WAS PROPER AND IS SUSTAINED.

WITH RESPECT TO YOUR STATEMENT THAT YOUR "OFFICIAL DISCHARGE" HAS NOT BEEN RETURNED, YOU MAY BE ADVISED THAT THE RECORDS FAIL TO DISCLOSE THAT YOUR ORIGINAL DISCHARGE WAS EVER RECEIVED IN THIS OFFICE. HOWEVER, A PHOTOSTATIC COPY OF YOUR HONORABLE DISCHARGE ON APRIL 21, 1943, FROM THE ARMY OF THE UNITED STATES WAS FORWARDED IN CONNECTION WITH YOUR CLAIM, AND SUCH DOCUMENT IS RETURNED HEREWITH.