B-118076, APRIL 19, 1954, 33 COMP. GEN. 489

B-118076: Apr 19, 1954

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WHICH PROVIDES FOR PAYMENT OF $500 LUMP SUM FOR EACH YEAR OF ACTIVE SERVICE TO ANY AIR FORCE RESERVE OFFICER WHO IS NOT SELECTED FOR COMMISSION IN THE REGULAR ARMY UPON RELEASE FROM ACTIVE DUTY. 1954: REFERENCE IS MADE TO LETTER OF DECEMBER 16. IS ENTITLED TO CERTAIN AIR FORCE RESERVE OFFICERS UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16. DOUBT IN THE MATTER IS EXPRESSED BECAUSE IT WAS INDICATED IN DECISION OF DECEMBER 5. THAT THE LEGISLATIVE INTENT OF SUCH ACT WAS TO EASE THE FINANCIAL SHOCK OF RETURNING THE RESERVE OFFICERS TO CIVIL LIFE AFTER PROLONGED TOURS OF ACTIVE DUTY. WHICH ELEMENT WOULD APPEAR TO BE LACKING WHERE THE OFFICERS ARE RELEASED WITH RETIRED PAY. PROVIDES FOR THE PAYMENT OF A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE TO ANY AIR CORPS RESERVE OFFICER NOT SELECTED FOR COMMISSION IN THE REGULAR ARMY WHO IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS.

B-118076, APRIL 19, 1954, 33 COMP. GEN. 489

PAY - ADDITIONAL - AVIATION RESERVE OFFICERS LUMP-SUM PAYMENTS RELEASE OF AN AIR FORCE RESERVE OFFICER FROM ACTIVE SERVICE BY REASON OF RETIREMENT BASED ON YEARS OF SERVICE CONSTITUTES A RELEASE FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED, WHICH PROVIDES FOR PAYMENT OF $500 LUMP SUM FOR EACH YEAR OF ACTIVE SERVICE TO ANY AIR FORCE RESERVE OFFICER WHO IS NOT SELECTED FOR COMMISSION IN THE REGULAR ARMY UPON RELEASE FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO SECRETARY OF THE AIR FORCE, APRIL 19, 1954:

REFERENCE IS MADE TO LETTER OF DECEMBER 16, 1953, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTING DECISION WHETHER AN AIR FORCE RESERVE OFFICER RELEASED FROM ACTIVE SERVICE BY REASON OF RETIREMENT BASED ON YEARS OF SERVICE, IF OTHERWISE QUALIFIED, IS ENTITLED TO CERTAIN AIR FORCE RESERVE OFFICERS UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED. DOUBT IN THE MATTER IS EXPRESSED BECAUSE IT WAS INDICATED IN DECISION OF DECEMBER 5, 1944, 24 COMP. GEN. 423, THAT THE LEGISLATIVE INTENT OF SUCH ACT WAS TO EASE THE FINANCIAL SHOCK OF RETURNING THE RESERVE OFFICERS TO CIVIL LIFE AFTER PROLONGED TOURS OF ACTIVE DUTY, WHICH ELEMENT WOULD APPEAR TO BE LACKING WHERE THE OFFICERS ARE RELEASED WITH RETIRED PAY.

THE SAID ACT OF JUNE 16, 1936, AS AMENDED, 10 U.S.C. 300 (A), PROVIDES FOR THE PAYMENT OF A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE TO ANY AIR CORPS RESERVE OFFICER NOT SELECTED FOR COMMISSION IN THE REGULAR ARMY WHO IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, PRORATED FOR FRACTIONAL PARTS OF YEARS IF RELEASED OTHER THAN UPON HIS OWN REQUEST, OR FOR INEFFICIENT OR UNSATISFACTORY SERVICE, SUCH PAYMENT TO BE IN ADDITION TO ANY PAY, ALLOWANCES, COMPENSATION, OR BENEFITS WHICH SUCH OFFICER MAY OTHERWISE BE ENTITLED TO RECEIVE. CREDIT OF THE LUMP SUM FOR PERIODS OF ACTIVE DUTY SUBSEQUENT TO JUNE 24, 1948, HOWEVER, IS NOT AUTHORIZED. SEE ACT OF APRIL 28, 1950, 64 STAT. 90. THE DECISION OF DECEMBER 5, 1944, REFERRED TO BY THE ASSISTANT SECRETARY, DISCUSSED THE LEGISLATIVE PURPOSE OF THE ACT OF JUNE 16, 1936, AS AMENDED, OF PROVIDING ASSISTANCE UPON REVERSION OF AIR CORPS RESERVE OFFICERS FROM ACTIVE DUTY TO CIVILIAN LIFE, AS A PRE-WAR INCENTIVE FOR LONG EXTENDED PERIODS OF ACTIVE DUTY. THAT WAS IN SUPPORT OF THE CONCLUSION THAT THE BENEFITS OF THAT ACT WERE DESIGNED EXCLUSIVELY FOR AIR CORPS RESERVE OFFICERS AND THEREFORE WERE NOT AVAILABLE TO OFFICERS APPOINTED IN THE ARMY OF THE UNITED STATES DURING THE WAR AND ASSIGNED TO THE AIR CORPS. IT DOES NOT FOLLOW, HOWEVER, THAT AN AIR CORPS RESERVE OFFICER'S INCHOATE RIGHT TO THE SAID LUMP SUM WAS LOST BECAUSE HE WAS GRANTED RETIREMENT PAY UPON RELEASE FROM ACTIVE DUTY.

IN DECISION OF NOVEMBER 22, 1943, 23 COMP. GEN. 376, IT WAS HELD THAT THE TRANSFER OF A NAVAL AVIATION RESERVE OFFICER TO THE RETIRED LIST BECAUSE OF DISABILITY INCURRED WHILE SERVING ON EXTENDED ACTIVE DUTY CONSTITUTED A RELEASE FROM ACTIVE DUTY WITHIN THE MEANING OF SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942, 56 STAT. 739, WHICH, IN LANGUAGE SIMILAR TO THAT IN THE ACT OF JUNE 16, 1936, AS AMENDED, AUTHORIZED THE PAYMENT OF A LUMP SUM OF $500 PER YEAR TO OFFICERS COMMISSIONED PURSUANT TO THE SAID 1942 ACT OR THE NAVAL AVIATION RESERVE ACT OF 1939, 53 STAT. 819, WHEN RELEASED FROM ACTIVE DUTY THAT WAS CONTINUOUS FOR ONE OR MORE YEARS. FOR THE PURPOSE OF DETERMINING WHETHER THERE HAS BEEN A RELEASE OF A RESERVE OFFICER FROM ACTIVE DUTY UNDER THOSE ACTS THERE WOULD APPEAR TO BE NO REASONABLE BASIS FOR DISTINGUISHING BETWEEN THE TERMINATION OF ACTIVE DUTY BY RETIREMENT FOR DISABILITY AND RETIREMENT BASED ON YEARS OF SERVICE. CONSEQUENTLY, IT IS CONCLUDED THAT THE RIGHT OF AN AIR FORCE RESERVE OFFICER TO THE LUMP-SUM PAYMENT PROVIDED BY THE ACT OF JUNE 16, 1936, AS AMENDED, IF HE IS OTHERWISE QUALIFIED, WOULD NOT BE ADVERSELY AFFECTED BY THE FACT THAT HIS RELEASE FROM ACTIVE DUTY IS BY REASON OF RETIREMENT BASED ON YEARS OF SERVICE.