B-130570, MAR. 28, 1957

B-130570: Mar 28, 1957

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MELBA JEAN JETTON: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE ACTIVE DUTY PERFORMED BY YOUR HUSBAND AS AN AIR CORPS RESERVE OFFICER WAS FOR THE PERIOD MAY 19. WHICH PERIOD WAS SUBSEQUENT TO JUNE 24. YOU ASK WHETHER YOU ARE ENTITLED TO A LUMP-SUM PAYMENT IN VIEW OF THE MILITARY SERVICE OF YOUR HUSBAND PRIOR TO JUNE 24. HE WAS APPOINTED AN AVIATION CADET APRIL 5. WHICH STATUS WAS TERMINATED ON FEBRUARY 25. HE WAS HONORABLY DISCHARGED ON DECEMBER 21. WAS PROMOTED TO FIRST LIEUTENANT. HE WAS APPOINTED FIRST LIEUTENANT. WAS HONORABLY RELEASED FROM ACTIVE DUTY ON DECEMBER 10. HE WAS PROMOTED TO CAPTAIN. HE WAS TENDERED AN INDEFINITE TERM APPOINTMENT AS A RESERVE OFFICER IN THE UNITED STATES AIR FORCE IN THE GRADE OF CAPTAIN.

B-130570, MAR. 28, 1957

TO MRS. MELBA JEAN JETTON:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7, 1956, CONCERNING SETTLEMENT DATED AUGUST 27, 1956, OF OUR CLAIMS DIVISION, WHICH DISALLOWED YOUR CLAIM FOR LUMP-SUM PAYMENT AUTHORIZED BY THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED, IN THE CASE OF YOUR LATE HUSBAND, CAPTAIN LEE BOY JETTON, WHO DIED AUGUST 10, 1955.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE ACTIVE DUTY PERFORMED BY YOUR HUSBAND AS AN AIR CORPS RESERVE OFFICER WAS FOR THE PERIOD MAY 19, 1951, TO AUGUST 10, 1955, WHICH PERIOD WAS SUBSEQUENT TO JUNE 24, 1948, THE EFFECTIVE DATE OF THE ACT OF JUNE 24, 1948, 62 STAT. 623, WHICH PROVIDES THAT NO CREDIT SHALL BE ALLOWED FOR ANY PERIOD OF ACTIVE SERVICE PERFORMED AFTER SUCH EFFECTIVE DATE IN COMPUTING LUMP-SUM PAYMENTS UNDER THE ACT OF JUNE 16, 1936, AS AMENDED. IN THE LETTER OF SEPTEMBER 7, 1956, YOU ASK WHETHER YOU ARE ENTITLED TO A LUMP-SUM PAYMENT IN VIEW OF THE MILITARY SERVICE OF YOUR HUSBAND PRIOR TO JUNE 24, 1948.

A REPORT DATED DECEMBER 13, 1956, FURNISHED TO US BY THE OFFICE OF THE ADJUTANT GENERAL, ARMY RECORDS CENTER, DEPARTMENT OF THE ARMY, SAINT LOUIS 20, MISSOURI, SHOWS THAT YOUR LATE HUSBAND ENLISTED AND ENTERED ON ACTIVE DUTY IN THE ARMY OF THE UNITED STATES ON OCTOBER 31, 1942. HE WAS APPOINTED AN AVIATION CADET APRIL 5, 1943, WHICH STATUS WAS TERMINATED ON FEBRUARY 25, 1944, BY HIS HONORABLE DISCHARGE TO ACCEPT APPOINTMENT AS FLIGHT OFFICER. HE ENTERED ON ACTIVE DUTY AS FLIGHT OFFICER, ARMY OF THE UNITED STATES, ON FEBRUARY 26, 1944, AND HE WAS HONORABLY DISCHARGED ON DECEMBER 21, 1944, TO ACCEPT A COMMISSION AS SECOND LIEUTENANT, ARMY OF THE UNITED STATES. HE ENTERED ON ACTIVE DUTY AS SECOND LIEUTENANT, ARMY OF THE UNITED STATES, ON DECEMBER 22, 1944, AND WAS PROMOTED TO FIRST LIEUTENANT, ARMY OF THE UNITED STATES, EFFECTIVE JUNE 27, 1946. ON JUNE 11, 1947, HE WAS APPOINTED FIRST LIEUTENANT, AIR CORPS RESERVE,"NOT TO PERFORM THE DUTIES OF AN OFFICER UNDER THIS APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS.' HE ACCEPTED SUCH APPOINTMENT ON JUNE 19, 1947. WAS HONORABLY RELEASED FROM ACTIVE DUTY ON DECEMBER 10, 1947, BY REASON OF UNDUE HARDSHIP. ON MAY 19, 1951, HE ENTERED ON EXTENDED ACTIVE DUTY, ACCEPTING APPOINTMENT ON MAY 21, 1951, AS FIRST LIEUTENANT, AIR FORCE OF THE UNITED STATES. HE WAS PROMOTED TO CAPTAIN, UNITED STATES AIR FORCE, ON JUNE 18, 1952, AND ON NOVEMBER 26, 1952, HE WAS TENDERED AN INDEFINITE TERM APPOINTMENT AS A RESERVE OFFICER IN THE UNITED STATES AIR FORCE IN THE GRADE OF CAPTAIN, WHICH APPOINTMENT HE ACCEPTED ON DECEMBER 18, 1952. HE DIED ON AUGUST 10, 1955, AS THE RESULT OF A MILITARY AIRCRAFT ACCIDENT WHILE IN AN ACTIVE DUTY STATUS.

SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED BY SECTION 6 OF THE ACT OF JUNE 3, 1941, 55 STAT. 240, PROVIDES FOR THE PAYMENT OF A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE OF ANY AIR CORPS RESERVE OFFICER NOT SELECTED FOR COMMISSION IN THE REGULAR ARMY (ENLARGED TO INCLUDE THE AIR FORCE BY THE ACT OF JULY 26, 1947, 61 STAT. 501, 503, 508) 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, ALLOWANCE, COMPENSATION, OR OTHER BENEFITS WHICH SUCH OFFICER MAY OTHERWISE BE ENTITLED TO RECEIVE. IT HAS BEEN HELD THAT THE MERE HOLDING OF A COMMISSION IN THE AIR CORPS RESERVE, WITH NO ACTIVE SERVICE UNDER SUCH RESERVE COMMISSION, GAVE NO RIGHT TO A LUMP-SUM PAYMENT. ALSO, IT HAS BEEN HELD THAT ACTIVE SERVICE, WHETHER OR NOT IT INVOLVED FLYING, IN ANY OTHER COMPONENT OF THE ARMY, CREATED NO RIGHT TO SUCH PAYMENT. SEE DECISION OF DECEMBER 5, 1944, 24 COMP. GEN. 423, A COPY OF WHICH IS ENCLOSED FOR YOUR INFORMATION.

AT THE TIME YOUR HUSBAND COMPLETED TRAINING AS AN AVIATION CADET, ON FEBRUARY 25, 1944, THERE WAS IN EFFECT THE ACT OF JULY 8, 1942, 56 STAT. 649, WHICH ACT PROVIDED THAT EACH CADET SHALL BE COMMISSIONED A SECOND LIEUTENANT OR APPOINTED A FLIGHT OFFICER IN THE ARMY OF THE UNITED STATES. THE ACT ALSO PROVIDED THAT FLIGHT OFFICERS MIGHT BE APPOINTED TO THE GRADE OF SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES. HENCE, YOUR HUSBAND WAS PROPERLY APPOINTED FLIGHT OFFICER AND COMMISSIONED SECOND LIEUTENANT ON FEBRUARY 26, 1944, AND DECEMBER 22, 1944, RESPECTIVELY, IN THE ARMY OF THE UNITED STATES. HE WAS NOT COMMISSIONED IN THE AIR CORPS RESERVE SECTION OF THE OFFICERS' RESERVE CORPS. THEREAFTER, LIKE MANY OFFICERS SIMILARLY SITUATED, ON JUNE 11, 1947, WHILE YOUR HUSBAND WAS ON DUTY AS A FIRST LIEUTENANT OF THE ARMY OF THE UNITED STATES HE WAS TENDERED A COMMISSION AS FIRST LIEUTENANT, AIR CORPS RESERVE, WHICH HE ACCEPTED ON JUNE 19, 1947, SUCH APPOINTMENT BEING QUALIFIED TO THE EXTENT AS QUOTED ABOVE, THAT IS, HE WAS NOT TO PERFORM THE DUTY OF AN OFFICER UNDER SUCH APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS. PRIOR TO JUNE 24, 1948, YOUR HUSBAND PERFORMED NO ACTIVE SERVICE AS AN AIR CORPS RESERVE OFFICER, HENCE, HE WAS NOT ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED BY THE ACT OF JUNE 16, 1936, AS AMENDED. SEE THE CITED DECISION OF DECEMBER 5, 1944. AND, AS YOU WERE ADVISED BY THE SETTLEMENT OF AUGUST 27, 1956, HIS SERVICE SUBSEQUENT TO THAT DATE AS AN AIR CORPS RESERVE OFFICER MAY NOT BE INCLUDED IN COMPUTING THE LUMP-SUM PAYMENT.

IT IS REGRETTED THAT THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF AUGUST 27, 1956, IS SUSTAINED.