B-136202, AUG. 26, 1959

B-136202, AUG. 26, 1959

TO MR. JAMES B. GRIMMER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 10, 1959, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM YOUR SERVICE IN THE UNITED STATES AIR FORCE, AND TO YOUR CONTENTION THAT YOU ARE ENTITLED TO THE AIR CORPS RESERVE LUMP-SUM BONUS FOR FRACTIONAL PARTS OF A YEAR UNDER THE PROVISIONS OF THE ACT OF APRIL 28, 1950, 64 STAT. 90.

THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES AND YOUR CLAIM AGAINST THE UNITED STATES WAS THE SUBJECT OF OUR DECISION OF JUNE 23, 1958, B-136202. IN THAT DECISION IT WAS POINTED OUT THAT YOUR ACTIVE DUTY STATUS AS AN AIR FORCE RESERVE OFFICER BEGAN ON JANUARY 14, 1943, AND TERMINATED ON JUNE 1, 1947; THAT YOU WERE PAID THE AIR CORPS RESERVE LUMP- SUM BONUS FOR FIVE YEARS, JANUARY 14, 1943, TO JANUARY 13, 1948, AND THAT YOU HAD CLAIMED THE ADDITIONAL FRACTIONAL PART OF THE YEAR FROM JANUARY 14 TO JUNE 23, 1948. IT WAS STATED THAT SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED BY SECTION 6 OF THE ACT OF JUNE 3, 1941, 55 STAT. 239, PROVIDED THAT THE BONUS WAS PAYABLE FOR EACH COMPLETE YEAR OF "ACTIVE SERVICE" AS AN AIR CORPS RESERVE OFFICER BUT NOT FOR FRACTIONAL PARTS OF A YEAR TO OFFICERS WHO WERE RELEASED FROM ,ACTIVE DUTY" AT THEIR OWN REQUEST, AND TAKE SECTION 2 OF THE ACT OF APRIL 28, 1950, 64 STAT. 90, AMENDED THE 1936 ACT TO PROVIDE THAT THEREAFTER THE RELEASE OF OFFICERS FROM "ACTIVE DUTY" WOULD NOT BE CONSTRUED AS A RELEASE FROM ACTIVE DUTY AT THEIR OWN REQUEST.

IT WAS FURTHER STATED IN THE DECISION THAT SINCE YOUR APPOINTMENT ON MAY 16, 1947, AS LIEUTENANT COLONEL, AIR CORP RESERVE, SPECIFICALLY PROVIDED THAT YOU WERE NOT TO PERFORM ANY DUTY THEREUNDER UNLESS SO DIRECTED BY COMPETENT ORDERS AND SINCE THE RECORD DOES NOT SHOW YOU WERE ISSUED SUCH ORDERS, YOU WERE NOT ENTITLED TO THE BONUS FOR ANY PERIOD OF SERVICE IN SOME OTHER CAPACITY AFTER JUNE 1, 1947. THEREFORE, YOU WERE ADVISED THAT YOU WERE ENTITLED TO THE BONUS FOR THE PERIOD CLAIMED, AND WERE ERRONEOUSLY PAID IT FOR THE PERIOD FROM JUNE 2, 1947, TO JANUARY 13, 1948, DURING WHICH PERIODS YOU HAD NO ACTIVE-DUTY STATUS AS AN AIR FORCE RESERVE OFFICER.

RESPECTING YOUR CONTENTION THAT, IN DETERMINING THE AMOUNT OF YOUR INDEBTEDNESS, PROPER EFFECT HAS NOT BEEN GIVEN TO THE ACT OF APRIL 28, 1950, PROVIDING FOR THE PRORATING OF PAYMENTS OF THE BONUS FOR FRACTIONAL PARTS OF YEARS OF SERVICE, IT MAY BE STATED THAT SUCH ACT ALSO PROVIDED THAT NO FURTHER CREDIT SHOULD BE ALLOWED FOR SERVICE PERFORMED AFTER JUNE 24, 1948, IN COMPUTING THE BONUS. WHEN YOU WERE RELEASED FROM ACTIVE DUTY ON MAY 31, 1950, YOU WERE PAID THE BONUS IN THE AMOUNT OF $2,500 FOR THE FIVE-YEAR PERIOD OF SERVICE FROM JANUARY 14, 1943, TO JANUARY 13, 1948, AND NO AMOUNT WAS ALLOWED FOR THE FRACTIONAL YEAR OF SERVICE FROM JANUARY 14 TO JUNE 24, 1948.

AS EXPLAINED IN OUR DECISION OF JUNE 23, 1958, HOWEVER, YOU DID NOT SERVE ON ACTIVE DUTY IN A RESERVE OFFICER STATUS AFTER JUNE 1, 1947, AND WERE NOT ENTITLED TO COUNT YOUR SERVICE AFTER THAT DATE IN COMPUTING THE BONUS. HENCE, BY LETTER DATED JULY 11, 1958, FROM OUR CLAIMS DIVISION, YOU WERE PROPERLY ADVISED THAT YOU WERE ENTITLED TO COUNT ONLY THE PERIOD OF ACTIVE SERVICE AS A RESERVE OFFICER FROM JANUARY 14, 1943, TO JUNE 1, 1947 (4 YEARS, 4 MONTHS, AND 18 DAYS), FOR WHICH YOU WERE ENTITLED TO A PAYMENT OF $2,191.67, RESULTING IN A BONUS OVERPAYMENT OF $308.33. THUS IT WILL BE SEEN THAT, IN DETERMINING THE AMOUNT OF YOUR INDEBTEDNESS, YOU WERE GIVEN CREDIT, AS PROVIDED IN THE ACT OF APRIL 28, 1950, FOR THE FRACTIONAL PART OF A YEAR THAT WAS AUTHORIZED TO BE COUNTED.

SINCE YOUR LETTER AFFORDS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION IN THE MATTER, THE DECISION OF JUNE 23, 1958, IS AFFIRMED, AND THE DEBT SHOULD BE LIQUIDATED IN ACCORDANCE WITH THE INSTRUCTIONS FROM OUR CLAIMS DIVISION.