B-135498, MAR. 25, 1958

B-135498: Mar 25, 1958

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LORETTA RILEY REESE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26. WHETHER YOUR LATE HUSBAND WAS EVER APPOINTED AN OFFICER IN THE AIR CORPS RESERVE AND. WHETHER HE WAS SELECTED FOR A COMMISSION IN THE REGULAR ARMY. AS FOLLOWS: "HE WAS APPOINTED SECOND LIEUTENANT. - "WHENEVER ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION UNDER DATE OF SEPTEMBER 14. MAY BE ADDED THAT THE DEPARTMENT OF THE AIR FORCE EXPRESSED THE VIEW THAT NO LUMP-SUM AIR FORCE RESERVE BONUS IS PAYABLE IN THIS CASE. NO LUMP-SUM BONUS IS DUE IN HIS CASE.

B-135498, MAR. 25, 1958

TO MRS. LORETTA RILEY REESE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26, 1958, IN EFFECT REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN SETTLEMENT DATED SEPTEMBER 14, 1955, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE LUMP-SUM AIR CORPS RESERVE BONUS ALLEGED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, MAJOR THOMAS JOHN REESE, WHOSE DEATH OCCURRED ON JUNE 29, 1955.

IN CONNECTION WITH THE CLAIM FILED BY YOU UNDER DATE OF JULY 21, 1955, OUR CLAIMS DIVISION REQUESTED THE DEPARTMENT OF THE AIR FORCE UNDER DATE OF AUGUST 4, 1955, TO ADVISE, AMONG OTHER THINGS, WHETHER YOUR LATE HUSBAND WAS EVER APPOINTED AN OFFICER IN THE AIR CORPS RESERVE AND, IF SO, THE DATE OF SUCH APPOINTMENT AND THE LENGTH OF SERVICE IN SUCH AIR CORPS RESERVE, AND WHETHER HE WAS SELECTED FOR A COMMISSION IN THE REGULAR ARMY. UNDER DATE OF AUGUST 29, 1955, THE OFFICE OF THE AIR ADJUTANT GENERAL REPLIED, IN PART, AS FOLLOWS:

"HE WAS APPOINTED SECOND LIEUTENANT, ARMY OF THE UNITED STATES 23 JANUARY 1943; ACCEPTED 23 JANUARY 1943; ASSIGNED SERVICE NUMBER 0 1 535 062; PROMOTED TO FIRST LIEUTENANT, ARMY OF THE UNITED STATES 10 DECEMBER 1943; APPOINTED CAPTAIN, MEDICAL ADMINISTRATIVE CORPS RESERVE 23 JUNE 1947; ACCEPTED 26 JUNE 1947; ACCEPTED APPOINTMENT AS FIRST LIEUTENANT, AIR FORCE OF THE UNITED STATES 30 JUNE 1948; PROMOTED TO CAPTAIN, MEDICAL SERVICE CORPS, ARMY OF THE UNITED STATES 1 MARCH 1949; TRANSFERRED TO MEDICAL DEPARTMENT, DEPARTMENT OF THE AIR FORCE 1 JULY 1949; PROMOTED TO MAJOR, UNITED STATES AIR FORCE 15 DECEMBER 1951; PROMOTED TO MAJOR, AIR FORCE RESERVE 2 JULY 1952; ACCEPTED AN INDEFINITE TERM APPOINTMENT AS MAJOR, AIR FORCE RESERVE 30 OCTOBER 1952.

"HE HAD ACTIVE DUTY AS A COMMISSIONED OFFICER FROM 23 JANUARY 1943 TO 29 JUNE 1955, THE DATE OF HIS DEATH.

"MAJOR REESE HAD NO ACTIVE DUTY UNDER HIS AIR FORCE RESERVE COMMISSION.'

SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED, 10 U.S.C. (1952 ED.) 300A, PROVIDES THAT---

"WHENEVER ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, HE SHALL BE PAID LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AS SUCH OFFICER, AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST, OR AS THE RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE AS DETERMINED BY THE SECRETARY OF WAR, SUCH LUMP-SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE. THE LUMP-SUM PAYMENTS HEREIN AUTHORIZED SHALL BE IN ADDITION TO ANY PAY, ALLOWANCES, COMPENSATION, OR BENEFITS WHICH SUCH OFFICERS MAY OTHERWISE BE ENTITLED TO RECEIVE: PROVIDED, THAT IN THE EVENT OF THE DEATH OF SUCH OFFICER, AFTER CONTINUOUS ACTIVE DUTY FOR ONE OR MORE YEARS, THE BENEFICIARIES SPECIFICALLY DESIGNATED * * * SHALL BE PAID SUCH SUM * * *.'

THE ACT OF APRIL 28, 1950, 64 STAT. 90, PROVIDES THAT IN COMPUTING LUMP- SUM PAYMENTS UNDER THE ABOVE PROVISIONS, NO CREDIT SHALL BE ALLOWED FOR ACTIVE SERVICE PERFORMED AFTER JUNE 24, 1948.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION UNDER DATE OF SEPTEMBER 14, 1955, ON THE GROUND THAT THE RECORDS SHOW THAT YOUR LATE HUSBAND DID NOT PERFORM ANY ACTIVE DUTY UNDER HIS AIR FORCE RESERVE COMMISSION. MAY BE ADDED THAT THE DEPARTMENT OF THE AIR FORCE EXPRESSED THE VIEW THAT NO LUMP-SUM AIR FORCE RESERVE BONUS IS PAYABLE IN THIS CASE.

IT SEEMS CLEAR FROM THE MILITARY HISTORY FURNISHED BY THE DEPARTMENT OF THE AIR FORCE THAT YOUR LATE HUSBAND DID NOT SERVE ON ACTIVE DUTY AS A COMMISSIONED OFFICER IN THE AIR FORCE RESERVE PRIOR TO JUNE 24, 1948, AND THAT, THEREFORE, NO LUMP-SUM BONUS IS DUE IN HIS CASE. ACCORDINGLY, THE SETTLEMENT ACTION OF SEPTEMBER 14, 1955, DENYING YOUR CLAIM MUST BE SUSTAINED.