B-118446, OCT 25, 1954

B-118446: Oct 25, 1954

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INEZ NATALIE RANSOM: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2. THE DAY PRECEDING THE DATE ON WHICH YOUR HUSBAND WAS APPOINTED LIEUTENANT COLONEL. YOU URGE THAT THE LUMP-SUM PAYMENT SHOULD HAVE BEEN COMPUTED THROUGH JUNE 24. WAS APPOINTED SECOND LIEUTENANT. WAS REAPPOINTED SECOND LIEUTENANT. HE WAS TRANSFERRED EFFECTIVE 5 DECEMBER 1941 FROM ENGINEERS RESERVE TO THE AIR CORPS RESERVE. HE WAS APPOINTED MAJOR. HE WAS PROMOTED TO LIEUTENANT COLONEL. DEATH OCCURRED IN LINE OF DUTY AND WAS NOT DUE TO HIS OWN MISCONDUCT.". THE STATEMENT IN THE REPORT THAT COLONEL RANSOM WAS APPOINTED A LIEUTENANT COLONEL IN THE UNITED STATES AIR FORCE RESERVE ON JUNE 19. IS APPARENTLY INCORRECT.

B-118446, OCT 25, 1954

PRECIS-UNAVAILABLE

MRS. INEZ NATALIE RANSOM:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2, 1954, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 22, 1953, ALLOWING YOU $2,229.91 AS LUMP-SUM PAYMENT AND ARREARS OF PAY AND ALLOWANCES IN THE CASE OF YOUR LATE HUSBAND, LIEUTENANT COLONEL CLIFFORD FREDIC RANSOM.

AS POINTED OUT IN YOUR LETTER, THE CERTIFICATE OF SETTLEMENT ERRONEOUSLY REFERRED TO YOUR HUSBAND AS A MAJOR, INSTEAD OF LIEUTENANT COLONEL, AT THE TIME OF HIS DEATH. THAT, HOWEVER, DID NOT AFFECT THE COMPUTATION OF THE AMOUNT ALLOWED. THE SETTLEMENT STATED THE LUMP-SUM AS PAYABLE ONLY THROUGH JUNE 18, 1947, THE DAY PRECEDING THE DATE ON WHICH YOUR HUSBAND WAS APPOINTED LIEUTENANT COLONEL, AIR FORCE RESERVE (AIR CORPS RESERVE). YOU URGE THAT THE LUMP-SUM PAYMENT SHOULD HAVE BEEN COMPUTED THROUGH JUNE 24, 1948, THE DATE OF THE ACT (62 STAT. 604, 623), TERMINATING SERVICE CREDIT FOR LUMP-SUM PAYMENTS.

THE OFFICE OF THE ADJUTANT GENERAL OF THE ARMY, DEPARTMENT OF THE ARMY, HAS REPORTED TO THIS OFFICE THAT:

"THE RECORDS SHOW THAT CLIFFORD F. RANSOM, SERVICE NUMBER 0 329 424, WAS APPOINTED SECOND LIEUTENANT, ENGINEERS RESERVE, 10 JUNE 1935; ACCEPTED THE SAME DATE; SERVED ON ACTIVE DUTY FOR TRAINING PURPOSES ONLY FROM 17 JUNE 1935 TO 14 JULY 1935; WAS REAPPOINTED SECOND LIEUTENANT, ENGINEERS RESERVE, 10 JUNE 1940; PROMOTED TO FIRST LIEUTENANT, ENGINEERS RESERVE, 6 AUGUST 1940, AND ENTERED ON EXTENDED ACTIVE DUTY 5 MARCH 1941. HE WAS TRANSFERRED EFFECTIVE 5 DECEMBER 1941 FROM ENGINEERS RESERVE TO THE AIR CORPS RESERVE; PROMOTED TO CAPTAIN, ARMY OF THE UNITED STATES-AIR CORPS, 1 APRIL 1942; CAPTAIN, ARMY OF THE UNITED STATES, 30 MAY 1942; MAJOR, ARMY OF THE UNITED STATES-AIR CORPS, 22 JANUARY 1943; MAJOR, ARMY OF THE UNITED STATES, 26 JULY 1943; APPOINTED LIEUTENANT COLONEL, UNITED STATES AIR FORCE RESERVE, 19 JUNE 1947, NOT TO PERFORM THE DUTIES OF AN OFFICER UNDER THIS APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS AND ACCEPTED 1 JULY 1947. HE WAS APPOINTED MAJOR, AIR FORCE OF THE UNITED STATES, 30 JUNE 1948; ACCEPTED 1 JULY 1948; AND ACCEPTED AN INDEFINITE TERM APPOINTMENT AS LIEUTENANT COLONEL, UNITED STATES AIR FORCE RESERVE, ON 8 JANUARY 1953. HE WAS PROMOTED TO LIEUTENANT COLONEL, AIR FORCE OF THE UNITED STATES, 15 APRIL 1953. LIEUTENANT COLONEL RANSOM DIED 3 JUNE 1953 AT ATHENS, GREECE, AS A RESULT OF CORONARY FAILURE. DEATH OCCURRED IN LINE OF DUTY AND WAS NOT DUE TO HIS OWN MISCONDUCT."

THE STATEMENT IN THE REPORT THAT COLONEL RANSOM WAS APPOINTED A LIEUTENANT COLONEL IN THE UNITED STATES AIR FORCE RESERVE ON JUNE 19, 1947, IS APPARENTLY INCORRECT, SINCE THE UNITED STATES AIR FORCE RESERVE WAS NOT ESTABLISHED UNTIL APRIL 14, 1948. DEPARTMENT OF THE ARMY CIRCULAR 103, AIR FORCE LETTER 35-124, APRIL 14, 1948. HENCE, IT APPEARS THAT THE APPOINTMENT OF JUNE 19, 1947, WAS IN THE AIR CORPS RESERVE. THE CITED DIRECTIVE OF APRIL 14, 1948, TRANSFERRED ALL OFFICERS OF THE AIR CORPS RESERVE TO THE UNITED STATES AIR FORCE RESERVE. THE APPOINTMENT OF JUNE 19, 1947, WAS ACCEPTED ON JULY 1, 1947, AND FROM THAT DATE UNTIL APRIL 13, 1948, IT APPEARS THAT COLONEL RANSOM HELD AN APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, BUT WAS NOT AUTHORIZED TO PERFORM DUTY UNDER THAT APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS.

SECTION 6 OF THE ACT OF JUNE 3, 1941, 55 STAT. 240, AS AMENDED, 10 U.S.C. 300A, PROVIDED THAT ANY AIR CORPS RESERVE OFFICER WHO HAD NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY AND WHO WAS RELEASED FROM ACTIVE DUTY THAT HAD BEEN CONTINUOUS FOR ONE OR MORE YEARS SHOULD BE PAID A LUMP-SUM PAYMENT OF $500 FOR EACH YEAR OF ACTIVE SERVICE AS SUCH OFFICER. THESE PROVISIONS WERE MADE APPLICABLE TO OFFICERS OF THE UNITED STATES AIR FORCE RESERVE BY SECTION 305 OF THE NATIONAL SECURITY ACT OF 1947, 61 STAT. 508. PARAGRAPH 3A(1), ARMY REGULATIONS 35-3420, AIR FORCE REGULATION 173-4, ISSUED NOVEMBER 5, 1948, PROVIDED THAT:

"WHENEVER ANY AIR FORCE RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY OR REGULAR AIR FORCE 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 ***."

COLONEL RANSOM WAS TRANSFERRED, EFFECTIVE DECEMBER 5, 1941, FROM THE ENGINEERS RESERVE TO THE AIR CORPS RESERVE. HIS PROMOTIONS IN THE ARMY OF THE UNITED STATES SUBSEQUENT TO THAT DATE, AS INDICATED IN HIS MILITARY HISTORY QUOTED ABOVE, DID NOT AFFECT HIS STATUS AS AN OFFICER OF THE AIR CORPS RESERVE ON ACTIVE DUTY, WITHIN THE CONTEMPLATION OF THE ABOVE ACT OF JUNE 3, 1941, AS AMENDED. 25 COMP. GEN. 18. HOWEVER, PARAGRAPH 73, ARMY REGULATIONS 140-5, JUNE 17, 1941, PROVIDED THAT:

"VACATION OF APPOINTMENT. - ANY MEMBER OF THE OFFICERS' RESERVE CORPS WHO ACCEPTS A COMMISSION IN THE REGULAR ARMY, THE NATIONAL GUARD OF THE UNITED STATES, OR IN A DIFFERENT GRADE OR SECTION IN THE OFFICERS' RESERVE CORPS, THEREBY VACATES HIS FORMER COMMISSION IN THE OFFICERS' RESERVE CORPS."

SINCE THE AIR CORPS RESERVE WAS PART OF THE OFFICERS' RESERVE CORPS, COLONEL RANSOM'S ACCEPTANCE OF APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, ON JULY 1, 1947, VACATED HIS FORMER APPOINTMENT IN THE AIR CORPS RESERVE. THUS, AFTER JUNE 30, 1947, HE WAS NOT SERVING ON ACTIVE DUTY AS AN AIR CORPS RESERVE OFFICER UNDER HIS PRIOR APPOINTMENT IN THE AIR CORPS RESERVE, SUCH APPOINTMENT BEING VACATED JULY 1, 1947, AND HE COULD NOT HAVE SERVED UNDER HIS NEW APPOINTMENT IN THE AIR CORPS RESERVE SINCE HE HAD NOT BEEN DIRECTED BY COMPETENT ORDERS TO SO SERVE. FOLLOWS THAT AFTER JUNE 30, 1947, HE WAS NOT SERVING ON ACTIVE DUTY AS AN AIR CORPS RESERVE OFFICER AND, HENCE, WAS ENTITLED TO CREDIT FOR LUMP-SUM PAYMENT PURPOSES FOR SERVICE AS "SUCH OFFICER," THAT IS, AS AN OFFICER OF THE AIR CORPS RESERVE, THROUGH JUNE 30, 1947, ONLY.

THE AMOUNT OF $2,229.91 ALLOWED IN THE SETTLEMENT OF DECEMBER 22, 1953, WAS COMPUTED AS FOLLOWS:

CREDITS UNPAID, LAST ACCOUNT $ .89 PAY AS MAJOR, JANUARY 1 TO APRIL 14, 1953 $1644.03 QUARTERS ALLOWANCE, JANUARY 1 TO APRIL 14, 1953 414.96 PAY AS LIEUTENANT COLONEL, APRIL 15 TO JUNE 3, 1953 847.21 QUARTERS ALLOWANCE, APRIL 15 TO JUNE 3, 1953 223.44 SUBSISTENCE ALLOWANCE, JANUARY 1 TO JUNE 3, 1953 244.19 STATION QUARTERS ALLOWANCE, JUNE 1 TO 3, 1953 6.45 REFUND CLASS N ALLOTMENT, JUNE 1951 TO JUNE 1952 1.30 LUMP SUM, DECEMBER 5, 1941, TO JUNE 18, 1947 2769.44

TOTAL CREDITS $6151.91

DEBITS CLASS E ALLOTMENT, JANUARY-MAY 1953 $225 $1125.00 CLASS N ALLOTMENT, JANUARY-MAY 1953 $11.65 57.75 WITHHOLDING TAX 810.25 CASH AND CHECK PAYMENTS 1929.00

TOTAL DEBITS $3922.00

TOTAL CREDITS $6151.91

TOTAL DEBITS 3922.00

ALLOWED $2229.91 IT WILL BE NOTED THAT THE COMPUTATION CORRECTLY ALLOWED PAY ON THE BASIS OF YOUR HUSBAND'S SERVICE AS A LIEUTENANT COLONEL FROM APRIL 15 TO JUNE 3, 1953. THE LUMP-SUM PAYMENT, HOWEVER, SHOULD HAVE BEEN ALLOWED THROUGH JUNE 30, 1947, THE DAY BEFORE HE ACCEPTED HIS NEW INACTIVE APPOINTMENT IN THE RESERVE. ON THIS BASIS, A SETTLEMENT WILL ISSUE IN YOUR FAVOR FOR ADDITIONAL LUMP-SUM PAYMENT FOR THE PERIOD JUNE 19 TO 30, 1947.