B-135287, APRIL 3, 1958, 37 COMP. GEN. 659

B-135287: Apr 3, 1958

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ARE TO BE CONSIDERED AS HAVING ENTERED SUCH STATUS AS REGULAR AND RESERVE MEMBERS ON EXTENDED ACTIVE DUTY AND. ARE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AT THE INCREASED RATES APPLICABLE TO ALL RESERVISTS PRESCRIBED IN 37 U.S.C. 231 FOR ALL PERIODS IN A MISSING STATUS FROM THE DATE OF ENTRY INTO THE MISSING. 1958: FURTHER REFERENCE IS MADE TO LETTER OF FEBRUARY 15. AS TO WHETHER RESERVISTS OF THE UNIFORMED SERVICES WHO ARE PERFORMING (1) FULL-TIME TRAINING DUTY OR OTHER FULL-TIME DUTY WITHOUT PAY. OR (3) INACTIVE DUTY TRAINING WITH OR WITHOUT PAY ARE ENTITLED DURING THE PERIOD THEY ARE ABSENT IN A STATUS OF MISSING. PROVIDES: ANY PERSON WHO IS IN THE ACTIVE SERVICE. OR IS TRAINING FULL-TIME TRAINING DUTY.

B-135287, APRIL 3, 1958, 37 COMP. GEN. 659

MILITARY PERSONNEL - QUARTERS ALLOWANCE - MISSING, ETC., STATUS - RESERVISTS IN OTHER THAN EXTENDED ACTIVE DUTY STATUS RESERVISTS OF THE UNIFORMED SERVICES WHO, WHEN PERFORMING FULL-TIME TRAINING DUTY, OTHER FULL-TIME DUTY OR INACTIVE DUTY TRAINING, WITH OR WITHOUT PAY, ENTER A MISSING, ETC., STATUS COVERED BY SECTION 2 (A) OF THE MISSING PERSONS ACT, 50 U.S.C. APP. 1002, ARE TO BE CONSIDERED AS HAVING ENTERED SUCH STATUS AS REGULAR AND RESERVE MEMBERS ON EXTENDED ACTIVE DUTY AND, THEREFORE, ARE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AT THE INCREASED RATES APPLICABLE TO ALL RESERVISTS PRESCRIBED IN 37 U.S.C. 231 FOR ALL PERIODS IN A MISSING STATUS FROM THE DATE OF ENTRY INTO THE MISSING, ETC., STATUS.

TO THE SECRETARY OF DEFENSE, APRIL 3, 1958:

FURTHER REFERENCE IS MADE TO LETTER OF FEBRUARY 15, 1958, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER), REQUESTING A DECISION ON QUESTIONS DISCUSSED IN COMMITTEE ACTION NO. 204 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, AS TO WHETHER RESERVISTS OF THE UNIFORMED SERVICES WHO ARE PERFORMING (1) FULL-TIME TRAINING DUTY OR OTHER FULL-TIME DUTY WITHOUT PAY, (2) FULL-TIME TRAINING DUTY WITH PAY, OR (3) INACTIVE DUTY TRAINING WITH OR WITHOUT PAY ARE ENTITLED DURING THE PERIOD THEY ARE ABSENT IN A STATUS OF MISSING, MISSING IN ACTION, ETC., TO BASIC ALLOWANCE FOR QUARTERS AT THE RATES PRESCRIBED BY THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 231 NOTE, OR AT THE RATES PRESCRIBED IN THE DEPENDENTS ASSISTANCE ACT OF 1950, AS AMENDED, 37 U.S.C. 231.

SECTION 2 (A) OF THE MISSING PERSONS ACT, AS AMENDED BY THE ACT OF AUGUST 29, 1957, 71 STAT. 491, 50 U.S.C. APP. 1002, PROVIDES:

ANY PERSON WHO IS IN THE ACTIVE SERVICE, OR IS TRAINING FULL-TIME TRAINING DUTY, OTHER FULL-TIME DUTY, OR INACTIVE DUTY TRAINING AND WHO IS OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING, MISSING IN ACTION, INTERNED IN A FOREIGN COUNTRY, CAPTURED BY A HOSTILE FORCE, BELEAGUERED BY A HOSTILE FORCE, OR BESIEGED BY A HOSTILE FORCE SHALL, FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS, BE ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT THE SAME BASIC PAY, SPECIAL PAY, INCENTIVE PAY, BASIC ALLOWANCE FOR QUARTERS, BASIC ALLOWANCE FOR SUBSISTENCE, AND STATION PER DIEM ALLOWANCES FOR NOT TO EXCEED NINETY DAYS, TO WHICH HE WAS ENTITLED AT THE BEGINNING OF SUCH PERIOD OF ABSENCE OR MAY BECOME ENTITLED THEREAFTER EXCEPT THAT THE PAY AND ALLOWANCES FOR A PERSON WHO IS PERFORMING FULL-TIME TRAINING DUTY OR OTHER FULL-TIME DUTY WITHOUT PAY, OR INACTIVE DUTY TRAINING WITH OR WITHOUT PAY, SHALL BE THAT TO WHICH HE WOULD HAVE BEEN ENTITLED IF HE HAD BEEN PERFORMING FULL-TIME ACTIVE DUTY WITH PAY, * * *. PERSONS PERFORMING FULL-TIME TRAINING DUTY, OR INACTIVE DUTY TRAINING SHALL BE ENTITLED TO THE BENEFITS OF THIS SECTION ONLY WHEN SUCH PERSONS ARE OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING, MISSING IN ACTION, INTERNED IN A FOREIGN COUNTRY, CAPTURED BY A HOSTILE FORCE, BELEAGUERED BY A HOSTILE FORCE, OR BESIEGED BY A HOSTILE FORCE AS A RESULT OF THE PERFORMANCE OF PRESCRIBED DUTY ORDERED BY COMPETENT AUTHORITY:

IN THE PAY AND ALLOWANCE COMMITTEE ACTION NO. 204 IT IS POINTED OUT THAT SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 252, PRESCRIBES THE CONDITIONS UNDER WHICH A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AND ESTABLISHES MONTHLY RATES ACCORDING TO GRADE, AND THAT SECTION 3 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, 37 U.S.C. 252, AMENDED THE CAREER COMPENSATION ACT OF 1949 BY INCREASING THE MONTHLY RATES OF BASIC ALLOWANCE FOR QUARTERS, WHICH WERE FURTHER INCREASED BY THE ACT OF MAY 19, 1952, 37 U.S.C. 232, FOR THE DURATION OF THE DEPENDENTS ASSISTANCE ACT. IT IS ALSO STATED THAT REGULAR MEMBERS AND RESERVE MEMBERS ON EXTENDED ACTIVE DUTY, INCLUDING THOSE WHO BECOME MISSING WHILE IN THAT STATUS, ARE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AT THE RATES PRESCRIBED IN THE DEPENDENTS ASSISTANCE ACT, SECTION 7 OF WHICH, 50 U.S.C. 2207, PROVIDES:

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ENLISTED MEMBERS ON TRAINING DUTY, TO ENLISTED MEN ENTITLED TO PAY AND ALLOWANCES PURSUANT TO THE PROVISIONS OF SECTION 507 OF THE ACT OF OCTOBER 12, 1949 ( PUBLIC LAW 351, EIGHTY FIRST CONGRESS), * * *. SUCH PERSONS SHALL CONTINUE TO BE ENTITLED TO THE APPROPRIATE ALLOWANCES PRESCRIBED BY THE ACT OF OCTOBER 12, 1949 ( PUBLIC LAW 351, EIGHTY-FIRST CONGRESS), ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS ACT.

IN SENATE REPORT NO. 970, DATED AUGUST 15, 1957, ON H.R. 5807, IN CONNECTION WITH THE PROPOSED AMENDMENT TO SECTION 2 OF THE MISSING PERSONS ACT, IT IS STATED THAT---

COVERAGE WOULD BE EXTENDED TO MEMBERS OF THE RESERVE COMPONENTS WHILE THEY ARE PERFORMING FULL-TIME TRAINING DUTY, OTHER FULL-TIME DUTY, AND INACTIVE DUTY TRAINING WITH OR WITHOUT PAY. MEMBERS OF THE RESERVE COMPONENTS ENTERING A MISSING STATUS WHILE PERFORMING DUTY OF THE TYPES ENUMERATED WOULD HAVE CREDITED TO THEIR PAY ACCOUNTS THE SAME PAY AND ALLOWANCES THAT THEY WOULD RECEIVE IF THEY WERE PERFORMING FULL-TIME ACTIVE DUTY. SOME RESERVISTS PARTICIPATE IN TRAINING WITHOUT PAY, SUCH AS WEEKEND PROFICIENCY FLIGHTS IN AIRCRAFT, AND THIS AMENDMENT IS INTENDED TO TREAT THEM AS IF THEY WERE ON ACTIVE DUTY WHEN THEY ENTERED A MISSING STATUS.

GENERAL MATHER, IN PRESENTING THE VIEWS OF THE DEPARTMENT OF DEFENSE CONCERNING THE EXTENSION OF THE COVERAGE OF THE MISSING PERSONS ACT TO RESERVE PERSONNEL UNDERGOING TRAINING, IN A PREPARED STATEMENT SAID:

A LIMITED EXTENSION OF THE PROVISIONS OF THE ACT IS PROPOSED FOR MEMBERS OF THE RESERVE COMPONENTS PERFORMING EITHER FULL-TIME TRAINING DUTY OR INACTIVE DUTY TRAINING. UPON ENTERING A MISSING STATUS THESE INDIVIDUALS WOULD BE ENTITLED TO THE SAME PAY AND ALLOWANCES THEY WOULD RECEIVE HAD THEY BEEN PERFORMING FULL-TIME ACTIVE DUTY. THIS BILL WOULD PROVIDE A RESERVIST PERFORMING HIS TRAINING DUTY, WITH OR WITHOUT PAY, ENTITLEMENT AS IF HE WERE ON ACTIVE DUTY, FULL TIME, WITH ACTIVE-DUTY PAY.

THIS COVERAGE WOULD BE IN LINE WITH THE CURRENT POLICY OF ACCORDING MEMBERS OF THE RESERVE COMPONENTS, WHENEVER POSSIBLE, COMPARABLE BENEFITS ACCORDED TO MEMBERS OF THE REGULAR ESTABLISHMENT.

SEE PAGE 7 OF THE SENATE HEARINGS ON THAT BILL. SEE ALSO PAGES 553 AND 563 OF THE HEARING OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, ON H.R. 2404--- 85TH CONGRESS, A PREDECESSOR BILL REWRITTEN AS H.R. 5807. ON PAGE 563 A SPOKESMAN FOR THE DEPARTMENT OF DEFENSE IS REPORTED TO HAVE STATED THAT---

* * * THIS WOULD INSURE THAT THEY WOULD BE ENTITLED TO THE PAY AND ALLOWANCES THAT HE WOULD HAVE HAD, HAD HE BEEN ON ACTIVE DUTY AT THE TIME THAT HE ENTERED INTO A MISSING STATUS.

IT THEREFORE APPEARS TO US THAT CONGRESS INTENDED THAT RESERVE MEMBERS PERFORMING TRAINING DUTY, UPON ENTERING A MISSING, ETC., STATUS, ARE TO BE CONSIDERED IN THE SAME CATEGORY AS REGULAR MEMBERS AND RESERVE MEMBERS ON EXTENDED ACTIVE DUTY AND THAT PAY AND ALLOWANCES WHILE IN A MISSING, ETC., STATUS ARE TO BE ASSIMILATED TO THOSE OF MEMBERS ON EXTENDED ACTIVE DUTY. HENCE, SINCE MEMBERS OF THE UNIFORMED SERVICES ON EXTENDED ACTIVE DUTY ARE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AT THE INCREASED RATES PROVIDED BY THE ACT OF MAY 19, 1952, FOR THE DURATION OF THE DEPENDENTS ASSISTANCE ACT, IT IS OUR OPINION THAT SUCH RATES OF BASIC ALLOWANCE FOR QUARTERS ARE APPLICABLE TO ALL RESERVISTS FALLING WITHIN THE PURVIEW OF THE MISSING PERSONS ACT OF 1942, AS AMENDED, SUPRA.

WITH REGARD TO THE QUESTION AS TO THE EFFECTIVE DATE OF ACCRUAL OF THE BENEFITS AT THE INCREASED RATE--- WHETHER IT IS THE DATE OF ENTRY INTO THE MISSING, ETC., STATUS OR THE DATE FOLLOWING TERMINATION OF THE PRESCRIBED TOUR OF DUTY--- IT MUST BE HELD THAT THE ENTRY INTO A STATUS COVERED BY SECTION 2 OF THE MISSING PERSONS ACT, AS AMENDED, EFFECTIVELY TERMINATES THE TRAINING DUTY STATUS AND BRINGS THE MEMBER WITHIN A STATUS COVERED BY THE MISSING PERSONS ACT. HENCE THE RESERVISTS INVOLVED ARE ENTITLED TO THE INCREASED RATES ESTABLISHED FOR BASIC ALLOWANCE FOR QUARTERS FOR ALL PERIODS DURING WHICH THEY ARE OFFICIALLY CARRIED OR DETERMINED TO BE IN A STATUS OF MISSING, ETC. ..END :