B-116996, JAN 4, 1954

B-116996: Jan 4, 1954

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VOLUNTEERED AND WERE ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER. ARE "CALLED OR ORDERED TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER.". OFFICER ORDERED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN ONE YEAR THEREFORE WOULD NOT QUALIFY BY VIRTUE OF THE EXTENSION OF THAT ACTIVE DUTY PERIOD UNLESS HE THEN WAS REQUIRED TO SERVE ON ACTIVE DUTY FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF THE ISSUANCE OF THE ORDER DIRECTING THE EXTENSION. COLONEL PESQUERA WITH HIS CONSENT WAS ORDERED TO ACTIVE DUTY FOR A PERIOD OF 6 MONTHS EFFECTIVE OCTOBER 22. SUCH PERIOD OF ACTIVE DUTY WAS EXTENDED FOR VARYING PERIODS BY SEVERAL SUBSEQUENTLY ISSUED ORDERS. AT NO TIME DURING SUCH PERIOD WAS HE UNDER ORDERS WHICH REQUIRED PROSPECTIVELY THE PERFORMANCE OF AT LEAST A YEAR OF ACTIVE DUTY.

B-116996, JAN 4, 1954

PRECIS-UNAVAILABLE

MAJOR FREDERICK L. ORR, FC, U. S. ARMY:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 5, 1953, FORWARDED BY INDORSEMENT OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, DATED SEPTEMBER 10, 1953, REQUESTING DECISION WHETHER PAYMENT PROPERLY MAY BE MADE ON A MILITARY PAY ORDER SUBMITTED THEREWITH IN THE FAVOR OF LIEUTENANT COLONEL GILBERTO S. PESQUERA, FC, USAR, FOR SPECIAL PAY AT THE RATE OF $100 PER MONTH FOR THE PERIOD OCTOBER 22, 1951, TO JULY 31, 1953, WHILE ON ACTIVE DUTY, UNDER THE PROVISIONS OF SECTION 203 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, AS AMENDED.

INSOFAR AS RELATING TO MEDICAL AND DENTAL OFFICERS OF THE VARIOUS RESERVE COMPONENTS OF THE ARMED FORCES, SECTION 203 OF THE CAREER COMPENSATION ACT OF 1949 AUTHORIZED SPECIAL PAY AT THE RATE OF $100 PER MONTH TO OFFICERS WHO, DURING THE PERIOD SEPTEMBER 1, 1947, TO AUGUST 31, 1952, VOLUNTEERED AND WERE ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER. SECTION 2 OF THE ACT OF SEPTEMBER 9, 1950, 64 STAT. 828, EFFECTED AN AMENDMENT TO SUCH PROVISIONS BY AUTHORIZING PAYMENT OF THE $100 SPECIAL PAY TO OTHERWISE ENTITLED RESERVE OFFICERS CALLED OR ORDERED TO ACTIVE DUTY WITH OR WITHOUT THEIR CONSENT, THUS ELIMINATING THE REQUIREMENT THAT THE ACTIVE DUTY BE OF A VOLUNTARY NATURE.

THE ACT OF JUNE 25, 1952, 66 STAT. 156 (PUBLIC LAW 410), RESTATED THE PROVISIONS OF SECTION 203 OF THE CAREER COMPENSATION ACT, AS AMENDED, AND INCORPORATED THEREIN AN EXTENSION OF THE QUALIFYING TIME TO JUNE 30, 1953, AND OTHER CHANGES NOT HERE MATERIAL. THAT ACT, WITH A STATED EFFECTIVE DATE OF OCTOBER 1, 1949, AUTHORIZES SPECIAL PAY OF $100 PER MONTH TO MEDICAL AND DENTAL RESERVE OFFICERS WHO DURING THE PERIOD SEPTEMBER 1, 1947, TO JUNE 30, 1953, ARE "CALLED OR ORDERED TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER." SUCH PROVISIONS CLEARLY CONTEMPLATE THAT QUALIFICATION FOR THE SPECIAL PAY SHALL DEPEND UPON THE RESERVE OFFICER BEING ORDERED TO ACTIVE DUTY FOR AT LEAST ONE YEAR OR OTHERWISE BEING OBLIGATED PROSPECTIVELY TO SERVE ON ACTIVE DUTY FOR THAT PERIOD. OFFICER ORDERED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN ONE YEAR THEREFORE WOULD NOT QUALIFY BY VIRTUE OF THE EXTENSION OF THAT ACTIVE DUTY PERIOD UNLESS HE THEN WAS REQUIRED TO SERVE ON ACTIVE DUTY FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF THE ISSUANCE OF THE ORDER DIRECTING THE EXTENSION.

COLONEL PESQUERA WITH HIS CONSENT WAS ORDERED TO ACTIVE DUTY FOR A PERIOD OF 6 MONTHS EFFECTIVE OCTOBER 22, 1951, BY DEPARTMENT OF THE ARMY ORDERS DATED OCTOBER 12, 1951. SUCH PERIOD OF ACTIVE DUTY WAS EXTENDED FOR VARYING PERIODS BY SEVERAL SUBSEQUENTLY ISSUED ORDERS, THE DUTY CONTINUING THROUGHOUT THE PERIOD OF HIS CLAIM. HOWEVER, AT NO TIME DURING SUCH PERIOD WAS HE UNDER ORDERS WHICH REQUIRED PROSPECTIVELY THE PERFORMANCE OF AT LEAST A YEAR OF ACTIVE DUTY. UNDER SUCH CIRCUMSTANCES THE CONCLUSION IS REQUIRED THAT THE OFFICER DID NOT AT ANY TIME DURING THE PERIOD INVOLVED BECOME QUALIFIED TO RECEIVE THE SPECIAL PAY CLAIMED. ACCORDINGLY, PAYMENT IS NOT AUTHORIZED ON THE PRESENTED MILITARY PAY ORDER WHICH WILL BE RETAINED IN THIS OFFICE.