B-132883, AUG. 22, 1957

B-132883: Aug 22, 1957

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CHAMPEAUX: WE HAVE RECEIVED FROM HONORABLE EDWIN E. YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT DATED JULY 11. FOR THE REASON THAT YOUR HUSBAND WAS NOT A MEMBER OF THE AIR CORPS RESERVE WHILE HE WAS SERVING ON ACTIVE DUTY PRIOR TO JUNE 25. IT WAS EXPLAINED IN THE SETTLEMENT THAT HIS STATUS AS A MEMBER OF THE OFFICERS' RESERVE CORPS (INFANTRY) WAS VACATED UPON HIS ACCEPTANCE OF THE APPOINTMENTS IN THE NATIONAL GUARD OF THE UNITED STATES. YOU SAY THAT YOU FEEL THE AIR FORCE RESERVE BONUS SHOULD BE PAID TO YOU AND YOUR CHILDREN BECAUSE YOUR HUSBAND'S COMMISSION SHOULD HAVE BEEN TRANSFERRED FROM THE NATIONAL GUARD AT THE TIME HE WAS TRANSFERRED TO THE AIR CORPS IMMEDIATELY AFTER PEARL HARBOR WAS ATTACKED AND BECAUSE HE SERVED IN THAT CAPACITY THROUGHOUT THE WAR.

B-132883, AUG. 22, 1957

TO MRS. ISABELLE L. CHAMPEAUX:

WE HAVE RECEIVED FROM HONORABLE EDWIN E. WILLIS, MEMBER OF CONGRESS, YOUR LETTER DATED AUGUST 1, 1957, IN EFFECT REQUESTING A REVIEW OF OUR SETTLEMENT DATED JULY 11, 1957, WHICH DISALLOWED YOUR CLAIM--- AS WIDOW OF JUNIUS J. CHAMPEAUX, WHO DIED ON FEBRUARY 19, 1957, WHILE SERVING AS A MAJOR, UNITED STATES AIR FORCE--- FOR THE LUMP SUM PROVIDED BY SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED, 10 U.S.C 300A, 1952 EDITION, FOR PAYMENT UNDER SPECIFIED CONDITIONS IN THE CASES OF AIR CORPS RESERVE OFFICERS WHO SERVED ON ACTIVE DUTY BEFORE JUNE 25, 1948.

YOUR CLAIM WAS DISALLOWED IN OUR SETTLEMENT DATED JULY 11, 1957, FOR THE REASON THAT YOUR HUSBAND WAS NOT A MEMBER OF THE AIR CORPS RESERVE WHILE HE WAS SERVING ON ACTIVE DUTY PRIOR TO JUNE 25, 1948. IT WAS EXPLAINED IN THE SETTLEMENT THAT HIS STATUS AS A MEMBER OF THE OFFICERS' RESERVE CORPS (INFANTRY) WAS VACATED UPON HIS ACCEPTANCE OF THE APPOINTMENTS IN THE NATIONAL GUARD OF THE UNITED STATES, AND THAT HE SERVED ON EXTENDED ACTIVE DUTY AS A FIRST LIEUTENANT, NATIONAL GUARD OF THE UNITED STATES, FROM NOVEMBER 25, 1940, TO DECEMBER 6, 1942, AND AS A CAPTAIN, ARMY OF THE UNITED STATES, FROM DECEMBER 7, 1942, TO JUNE 23, 1947. HE DID NOT ENTER HIS UNITED STATES AIR FORCE RESERVE STATUS UNTIL OCTOBER 13, 1948.

YOU SAY THAT YOU FEEL THE AIR FORCE RESERVE BONUS SHOULD BE PAID TO YOU AND YOUR CHILDREN BECAUSE YOUR HUSBAND'S COMMISSION SHOULD HAVE BEEN TRANSFERRED FROM THE NATIONAL GUARD AT THE TIME HE WAS TRANSFERRED TO THE AIR CORPS IMMEDIATELY AFTER PEARL HARBOR WAS ATTACKED AND BECAUSE HE SERVED IN THAT CAPACITY THROUGHOUT THE WAR.

THE APPLICABLE REGULATIONS RELATING TO THE APPOINTMENT OF OFFICERS IN THE OFFICERS' RESERVE CORPS OF THE ARMY DURING THE PERIOD INVOLVED WERE CONTAINED IN ARMY REGULATIONS NO. 140-5, DATED JUNE 17, 1941. PARAGRAPH 15D OF THOSE REGULATIONS SPECIFICALLY PROVIDED THAT NO PERSON ON EITHER THE ACTIVE LIST OR THE RESERVE LIST OF THE NAVY, MARINE CORPS, NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES, COAST GUARD, PUBLIC HEALTH SERVICE, AND COAST AND GEODETIC SURVEY, WOULD BE APPOINTED OR HOLD A COMMISSION AS AN ARMY RESERVE OFFICER. PARAGRAPH 73 OF THE SAME REGULATIONS PROVIDED THAT ANY MEMBER OF THE OFFICERS' RESERVE CORPS WHO ACCEPTED 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 VACATED HIS FORMER COMMISSION IN THE OFFICERS' RESERVE CORPS. SIMILAR PROVISIONS WERE CONTAINED IN ARMY REGULATIONS NO. 140-5, DATED JUNE 16, 1936.

SPECIAL LIMITATIONS RELATIVE TO APPOINTMENT AND PROMOTION IN THE OFFICERS' RESERVE CORPS, AIR CORPS, WERE CONTAINED IN PARAGRAPH 2A OF ARMY REGULATIONS NO. 140-23, DATED JULY 30, 1942, AS FOLLOWS:

"EXCEPT FOR AVIATION CADETS ENLISTED OR APPOINTED UNDER SECTION 3 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, APPOINTMENTS TO THE OFFICERS' RESERVE CORPS, AIR CORPS, FOR THE DURATION OF THE WAR AND 6 MONTHS THEREAFTER, MAY BE MADE ONLY FROM PERSONS WHO HAVE COMPLETED THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION AS AVIATION CADETS OR AVIATION STUDENTS AND HAVE SERVED IN TIME OF WAR AS COMMISSIONED OFFICERS OR FLIGHT OFFICERS IN THE ARMY OF THE UNITED STATES, AND FROM CURRENT RESERVE OFFICERS' TRAINING CORPS GRADUATES WHO, UPON GRADUATION, ARE RECOMMENDED FOR APPOINTMENT AS RESERVE OFFICERS. SELECTION FOR APPOINTMENT WILL BE MADE BY THE COMMANDING GENERAL, ARMY AIR FORCES, OR BY SUCH OFFICER OR OFFICERS AS HE MAY DESIGNATE. TRANSFERS FROM OTHER SECTIONS OF THE OFFICERS' RESERVE CORPS TO THE OFFICERS' RESERVE CORPS, AIR CORPS, WILL BE MADE PURSUANT TO AR 605 145. ALL OTHER APPOINTMENTS OF OFFICERS ASSIGNED TO DUTY WITH THE ARMY AIR FORCES DURING THE PRESENT WAR AND FOR 6 MONTHS THEREAFTER ARE MADE IN THE ARMY OF THE UNITED STATES.

IN VIEW OF THE APPLICABLE REGULATIONS AND STATUTORY PROVISIONS, IT MUST BE CONCLUDED THAT THERE APPEARS NO REASON WHY YOUR HUSBAND SHOULD HAVE BEEN COMMISSIONED IN THE AIR CORPS RESERVE WHEN HE WAS ASSIGNED TO THE AIR CORPS. IN THAT CONNECTION, IT MAY BE STATED THAT MANY OTHER OFFICERS WHO HELD APPOINTMENTS IN THE NATIONAL GUARD OF THE UNITED STATES OR ARMY OF THE UNITED STATES WERE ASSIGNED TO DUTY WITH THE AIR CORPS DURING THE PERIOD INVOLVED, BUT WERE NOT APPOINTED IN THE AIR CORPS RESERVE AND, HENCE, WERE NOT ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED IN CERTAIN CIRCUMSTANCES FOR SUCH RESERVE OFFICERS. ACCORDINGLY, SINCE MAJOR CHAMPEAUX DID NOT SERVE ON ACTIVE DUTY AS AN OFFICER IN THE AIR CORPS RESERVE DURING ANY PERIOD PRIOR TO JUNE 25, 1948, OUR SETTLEMENT OF JULY 11, 1957, PROPERLY DISALLOWED YOUR CLAIM.