B-131224, FEB. 26, 1958

YOU REQUEST THAT WE RECONSIDER YOUR CLAIM FOR A READJUSTMENT PAYMENT WHICH WAS DENIED BY OUR SETTLEMENT OF FEBRUARY 19. EACH CASE IS ENTITLED TO INDIVIDUAL EXAMINATION TO DETERMINE IF THE GENERAL RULE APPLIES.'. THE ADDITIONAL FACTS ARE SUBMITTED FOR THE PURPOSE OF SHOWING WHY. WAS DIRECTED TO THE SECRETARY OF DEFENSE IN ANSWER TO SIX SPECIFIC QUESTIONS. OUR ANSWER TO THIS QUESTION WAS AS FOLLOWS: "ACCORDINGLY. QUESTION 3A IS ANSWERED IN THE NEGATIVE * * *.'. IT WAS HELD THAT THE CONGRESS INTENDED THAT THE FIVE YEARS OF CONTINUOUS ACTIVE DUTY NECESSARY TO QUALIFY FOR PAYMENT OF READJUSTMENT PAY. IS ENCLOSED. IT IS THE VIEW OF THIS OFFICE THAT ANYTHING LESS THAN FIVE YEARS OF CONTINUOUS ACTIVE DUTY IS A RESERVE COMPONENT IMMEDIATELY PRIOR TO INVOLUNTARY RELEASE IS INSUFFICIENT TO QUALIFY A RESERVIST FOR READJUSTMENT PAYMENT UNDER SECTION 265 OF THE ARMED FORCES RESERVE ACT OF 1952.