B-128754, AUGUST 29, 1956, 36 COMP. GEN. 179

B-128754: Aug 29, 1956

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1956: REFERENCE IS MADE TO LETTER OF JULY 25. FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING A DECISION ON CERTAIN QUESTIONS RELATING TO THE SERVICE WHICH MAY BE COUNTED FOR THE PURPOSE OF DETERMINING THE RATE OF SPECIAL PAY TO WHICH CERTAIN MEDICAL AND DENTAL OFFICERS ARE ENTITLED UNDER SECTION 203 (A) OF THE CAREER COMPENSATION ACT OF 1949. THE QUESTIONS ARE SET FORTH IN COMMITTEE ACTION NO. 147 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE. SETS FORTH (IN CLAUSES 1 TO 6) THE CLASSES OF OFFICERS WHO ARE ENTITLED TO THE SPECIAL PAY PROVIDED FOR PHYSICIANS AND DENTISTS. $250 A MONTH FOR MEDICAL AND DENTAL OFFICERS IN ANY OF THE DESCRIBED CLASSES WHO HAVE COMPLETED ACTIVE SERVICE OF AT LEAST TWO.

B-128754, AUGUST 29, 1956, 36 COMP. GEN. 179

MILITARY PERSONNEL - PAY - ADDITIONAL - MEDICAL AND DENTAL OFFICERS PERIOD OF ACTIVE DUTY FOR TRAINING, NOT BEING FULL-TIME DUTY IN THE ACTIVE SERVICE, MAY NOT BE INCLUDED IN THE COMPUTATION OF SPECIAL PAY AUTHORIZED BY SECTION 203 (A), CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 5 OF THE ACT OF APRIL 30, 1956, FOR MEDICAL AND DENTAL OFFICERS OF THE VARIOUS RESERVE COMPONENTS CALLED OR ORDERED TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER BETWEEN SEPTEMBER 1, 1947, AND JULY 1, 1959. PERIODS OF (1) EXTENDED ACTIVE DUTY OF LESS THAN A YEAR UNDER ORDERS OR CALL TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER, (2) EXTENDED ACTIVE DUTY UNDER ORDERS OR CALL TO ACTIVE DUTY OF LESS THAN ONE YEAR, OR (3) CONTINUOUS EXTENDED ACTIVE DUTY OF OVER A YEAR UNDER A SERIES OF ORDERS, EACH OF WHICH REQUIRED DUTY FOR A PERIOD OF LESS THAN A YEAR, MAY BE INCLUDED IN COMPUTATION OF SPECIAL PAY AUTHORIZED BY SECTION 203 (A), CAREER COMPENSATION ACT OF 1949, AS AMENDED BY SECTION 5 OF THE ACT OF APRIL 30, 1956, FOR MEDICAL OR DENTAL OFFICERS OF THE VARIOUS RESERVE COMPONENTS CALLED OR ORDERED TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER BETWEEN SEPTEMBER 1, 1947, AND JULY 1, 1959.

TO THE SECRETARY OF DEFENSE, AUGUST 29, 1956:

REFERENCE IS MADE TO LETTER OF JULY 25, 1956, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING A DECISION ON CERTAIN QUESTIONS RELATING TO THE SERVICE WHICH MAY BE COUNTED FOR THE PURPOSE OF DETERMINING THE RATE OF SPECIAL PAY TO WHICH CERTAIN MEDICAL AND DENTAL OFFICERS ARE ENTITLED UNDER SECTION 203 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 234 (A). THE QUESTIONS ARE SET FORTH IN COMMITTEE ACTION NO. 147 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, AS FOLLOWS:

1. MAY THE OFFICERS ENUMERATED IN CLAUSE (4) OF SECTION 203 (A) OF THE CAREER COMPENSATION ACT OF 1949 (63 STAT. 809) AS AMENDED BY SECTION 5 OF PL 497, 84TH CONGRESS, APPROVED 30 APRIL 1956 COUNT THE FOLLOWING PERIODS OF SERVICE AS A MEDICAL OR DENTAL OFFICER IN DETERMINING YEARS OF ACTIVE SERVICE FOR SPECIAL PAY INCREASES AS PROVIDED IN SECTION 203 (B) THEREOF:

(A) ACTIVE DUTY FOR TRAINING

(B) EXTENDED ACTIVE DUTY OF LESS THAN A YEAR UNDER ORDERS OR CALL TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER

(C) EXTENDED ACTIVE DUTY UNDER ORDERS OR CALL TO ACTIVE DUTY OF LESS THAN ONE YEAR

(D) CONTINUOUS EXTENDED ACTIVE DUTY OF OVER A YEAR UNDER A SERIES OF ORDERS, EACH OF WHICH REQUIRED DUTY FOR A PERIOD OF LESS THAN A YEAR.

2. WOULD YOUR ANSWER BE DIFFERENT, AND IF SO IN WHAT RESPECT AS TO THE SERVICE SPECIFIED IN 1 (A), (B), (C) AND (D) ABOVE, RELATIVE TO THE OFFICERS ENUMERATED IN CLAUSES (1), (2), (3), (5) AND (6) OF SECTION 203 (A) SUPRA?

SECTION 203 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, SETS FORTH (IN CLAUSES 1 TO 6) THE CLASSES OF OFFICERS WHO ARE ENTITLED TO THE SPECIAL PAY PROVIDED FOR PHYSICIANS AND DENTISTS. THE FIRST THREE CLAUSES RELATE TO CERTAIN OFFICERS OF THE REGULAR SERVICES, CLAUSES 5 AND 6 RELATE TO CERTAIN GENERAL OFFICERS, AND CLAUSE 4 RELATES TO MEDICAL AND DENTAL OFFICERS OF THE VARIOUS RESERVE COMPONENTS OF THE UNIFORMED SERVICES "CALLED OR ORDERED TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER" BETWEEN SEPTEMBER 1, 1947, AND JULY 1, 1959. SECTION 5 OF THE ACT OF APRIL 30, 1956, PUBLIC LAW 497, 37 U.S.C. 234 (B), AMENDED SECTION 203 (B), 37 U.S.C. 234 (B), OF THE CAREER COMPENSATION ACT, AS AMENDED, TO AUTHORIZE THE PAYMENT OF SPECIAL PAY AT $150, $200, AND $250 A MONTH FOR MEDICAL AND DENTAL OFFICERS IN ANY OF THE DESCRIBED CLASSES WHO HAVE COMPLETED ACTIVE SERVICE OF AT LEAST TWO, SIX, AND TEN YEARS, RESPECTIVELY, IN A CATEGORY COVERED BY SECTION 203 (A) OF THE CAREER COMPENSATION ACT, AS AMENDED, AND AT $100 A MONTH FOR THOSE OFFICERS WHO HAVE NOT COMPLETED TWO YEARS OF SUCH SERVICE.

WHILE THE ACT OF APRIL 30, 1956, PUBLIC LAW 497, DOES NOT DEFINE THE TERM "ACTIVE SERVICE," SECTION 101 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 481, 50 U.S.C. 901 (B), DEFINES THE TERM " ACTIVE DUTY" AS MEANING "FULL-TIME DUTY IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, OTHER THAN ACTIVE DUTY FOR TRAINING," AND SECTION 101 (C), 50 U.S.C. 901 (C), OF THAT ACT DEFINES THE TERM " SECTION 101 (C), 50 U.S.C. 901 (C), OF THAT ACT DEFINES THE TERM " ACTIVE DUTY FOR TRAINING" AS MEANING "FULL-TIME DUTY IN THE ACTIVE TERM "ACTIVE SERVICE" GENERALLY HAS BEEN CONSIDERED AS REFERRING TO THE TYPE OF SERVICE DEFINED IN THE 1952 ACT AS "ACTIVE DUTY.' AND EVEN THOUGH THE LEGISLATIVE HISTORY OF THE ACT OF APRIL 30, 1956, CONTAINS NOTHING SPECIFIC CONCERNING TRAINING DUTY, THE HEARINGS, COMMITTEE REPORTS, AND FLOOR DISCUSSIONS RELATING TO THAT ACT ALL REFER TO "ACTIVE SERVICE" AND "ACTIVE DUTY" WITH RESPECT TO THE SERVICE COUNTABLE IN DETERMINING THE RATE OF SPECIAL PAY FOR PHYSICIANS AND DENTISTS. THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, APPARENTLY CONSIDERED THE TERMS "ACTIVE SERVICE" AND "ACTIVE DUTY" AS SYNONYMOUS FOR THE PURPOSES OF DETERMINING THE RATE OF SPECIAL PAY. SEE PAGE 6 OF H.R. REPORT NO. 1806 ON H.R. 9428, WHICH BECAME PUBLIC LAW 497, WHERE IT IS STATED:

UNDER THE PROPOSED INCREASE A PHYSICIAN OR DENTIST, UPON COMPLETING 3 YEARS OF ACTIVE DUTY, WILL BE ENTITLED TO A SPECIAL PAY OF $150 PER MONTH, IN CONTRAST WITH THE PRESENT $100 PER MONTH. AFTER COMPLETION OF 6 YEARS OF ACTIVE SERVICE, THIS SPECIAL PAY FOR PHYSICIANS AND DENTISTS WILL BE INCREASED FROM $150 TO $200 PER MONTH. * * *

ACCORDINGLY, QUESTION 1 (A) IS ANSWERED IN THE NEGATIVE.

WHILE SECTION 5 OF PUBLIC LAW 497 INCREASES THE SPECIAL PAY FOR PHYSICIANS AND DENTISTS BASED UPON LENGTH OF "ACTIVE SERVICE IN A CATEGORY COVERED BY" SECTION 203 (A) OF THE CAREER COMPENSATION ACT, AS AMENDED, THAT PROVISION APPARENTLY CONTEMPLATES THAT ALL ACTIVE SERVICE PERFORMED BY A RESERVE (OR OTHER NONREGULAR) OFFICER DESCRIBED IN SECTION 203 (A) WILL BE COUNTED IN COMPUTING THE AMOUNT OF THE SPECIAL PAY DUE HIM AND NOT MERELY ACTIVE SERVICE (ACTIVE DUTY) PERFORMED UNDER ORDERS TO EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER. IN OTHER WORDS, THAT PROVISION IS VIEWED AS REFERRING TO THE TYPE OF DUTY PERFORMED, THAT IS, ACTIVE DUTY AS A PHYSICIAN OR DENTIST AND NOT TO THE LENGTH OF THE ORDERED TOUR OF DUTY DURING WHICH SUCH ACTIVE DUTY IS PERFORMED. THAT THE CONGRESS SO INTENDED IS INDICATED BY THE REPORT OF THE SENATE COMMITTEE ON ARMED SERVICES ( SENATE REPORT NO. 1765 ON H.R. 9248, PAGE 8), IN PERTINENT PART AS FOLLOWS:

UNDER EXISTING LAW ALL MEDICAL AND DENTAL OFFICERS, REGARDLESS OF LENGTH OF SERVICE, RECEIVE SPECIAL PAY IN THE AMOUNT OF $100 PER MONTH. THIS BILL WOULD INCREASE SUCH PAY, DEPENDING ON THEIR LENGTH OF ACTIVE SERVICE AS A MEDICAL AND DENTAL OFFICER. SUCH OFFICERS WITH LESS THAN 2 YEARS OF ACTIVE MEDICAL AND DENTAL DUTY WOULD CONTINUE TO RECEIVE THE SPECIAL PAY OF $100 PER MONTH; THOSE WITH ACTIVE SERVICE OF BETWEEN 3 AND 6 YEARS AS MEDICAL AND DENTAL OFFICERS WOULD RECEIVE $150 PER MONTH IN SPECIAL PAY; THOSE WITH BETWEEN 6 AND 10 YEARS OF SUCH SERVICE $200 PER MONTH IN SPECIAL PAY; AND THOSE WITH MORE THAN 10 YEARS $250 PER MONTH IN SPECIAL PAY. THE SPECIAL PAY INCREASES ARE AIMED AT RECOGNIZING EXPERIENCE IN SOME DEGREE AND MAKING THE MILITARY MEDICAL COMPENSATION MORE COMPETITIVE WITH INCOMES RECEIVED BY CIVILIAN PHYSICIANS OF SIMILAR EXPERIENCE. * *

SEE, ALSO, THE REMARKS OF SENATOR RUSSELL, CHAIRMAN OF THE SENATE COMMITTEE ON ARMED SERVICES, ON THE FLOOR OF THE SENATE (PAGE 5805, CONGRESSIONAL RECORD, APRIL 18, 1956), STATING THAT IT IS THE PURPOSE OF THE GRADUATED INCREASES---

* * * TO MAKE THE MILITARY COMPENSATION MORE COMPETITIVE WITH THAT OF CIVILIAN PHYSICIANS OF SIMILAR EXPERIENCE AND TO PROVIDE A GREATER INDUCEMENT TO REMAIN ON ACTIVE DUTY. WE HOPE IT WILL PROVIDE THE INDUCEMENT WHICH WILL CAUSE MEDICAL AND DENTAL OFFICERS TO REMAIN ON ACTIVE DUTY AND MAKE A CAREER OF THE ARMED SERVICES.

QUESTIONS 1 (B), 1 (C), AND 1 (D) ARE ANSWERED IN THE AFFIRMATIVE. QUESTION 2 IS ANSWERED IN THE NEGATIVE.