B-137015, OCT 22, 1958

B-137015: Oct 22, 1958

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PRECIS-UNAVAILABLE SECRETARY OF DEFENSE: REFERENCE IS MADE TO LETTER OF AUGUST 2. THE QUESTIONS ARE STATED AS FOLLOWS: "1. WAS HELD NOT TO BE REQUIRED AND THE ARMED SERVICES WERE AUTHORIZED TO AWARD THE FULL 15 POINTS TO EACH RESERVIST FOR ONE YEAR'S MEMBERSHIP IN A RESERVE COMPONENT UNTIL THE BEGINNING OF HIS FIRST RETIREMENT YEAR WHICH BEGAN AFTER APRIL 15. IT WAS HELD HELD THAT SUCH ANNUAL 15-POINT CREDIT FOR RESERVE COMPONENT MEMBERSHIP MIGHT BE ALLOWED FOR EACH YEAR OF SUCH MEMBERSHIP SUBSEQUENT TO AUGUST 9. ARE THE SERVICES AUTHORIZED TO MAKE RECOMPUTATIONS SO AS TO REFLECT SUCH CREDIT IN ANY CASE IN WHICH SUCH CREDIT HAS BEEN REDUCED PRO RATA FOR PERIODS OF ACTIVE FEDERAL SERVICE PRIOR TO AUGUST 9.

B-137015, OCT 22, 1958

PRECIS-UNAVAILABLE

SECRETARY OF DEFENSE:

REFERENCE IS MADE TO LETTER OF AUGUST 2, 1958, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), REQUESTING DECISION ON THE FOLLOWING QUESTIONS SET FORTH IN COMMITTEE ACTION NO. 223, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE. THE QUESTIONS ARE STATED AS FOLLOWS:

"1. BY DECISION OF AUGUST 31, 1955, B-122988 (35 COMP. GEN. 120), RECOMPUTATION OF THE NUMBER OF POINTS AWARDED TO MEMBERS OF A RESERVE COMPONENTS PRIOR TO APRIL 15, 1955, WAS HELD NOT TO BE REQUIRED AND THE ARMED SERVICES WERE AUTHORIZED TO AWARD THE FULL 15 POINTS TO EACH RESERVIST FOR ONE YEAR'S MEMBERSHIP IN A RESERVE COMPONENT UNTIL THE BEGINNING OF HIS FIRST RETIREMENT YEAR WHICH BEGAN AFTER APRIL 15, 1955. BY DECISION OF JANUARY 10, 1957, B-130034 (36 COMP. GEN. 498), IT WAS HELD HELD THAT SUCH ANNUAL 15-POINT CREDIT FOR RESERVE COMPONENT MEMBERSHIP MIGHT BE ALLOWED FOR EACH YEAR OF SUCH MEMBERSHIP SUBSEQUENT TO AUGUST 9, 1956, WITHOUT MAKING A PRO RATA REDUCTION IN THE 15 POINTS FOR PERIODS OF ACTIVE FEDERAL SERVICE DURING THE YEAR:

"A. MAY THE FULL 15 POINTS BE CREDITED DURING THE PERIOD OF TIME INVOLVED BETWEEN THE DATES INDICATED IN THE TWO DECISIONS AFORESAID WITHOUT MAKING A PRO RATA REDUCTION IN THE 15 POINTS FOR PERIODS OF ACTIVE FEDERAL SERVICE DURING SUCH TIME?

"B. IF THE FULL 15 POINTS MAY BE CREDITED, AS IN LA ABOVE, ARE THE SERVICES AUTHORIZED TO MAKE RECOMPUTATIONS SO AS TO REFLECT SUCH CREDIT IN ANY CASE IN WHICH SUCH CREDIT HAS BEEN REDUCED PRO RATA FOR PERIODS OF ACTIVE FEDERAL SERVICE PRIOR TO AUGUST 9, 1956?"

IN OUR DECISION OF APRIL 15, 1955, B-122988, 34 COMP. GEN. 520, WE HELD THAT, IN COMPUTING CREDITABLE POINTS FOR RETIRED PAY PURPOSES UNDER TITLE III OF THE ACT OF JUNE 29, 1948, 62 STAT. 1087, THE NUMBER OF DAYS OF ACTIVE FEDERAL SERVICE MUST BE DEDUCTED FROM THE TOTAL SERVICE IN ANY YEAR OF FEDERAL SERVICE AFTER JUNE 30, 1949, AND THE MEMBERSHIP POINTS CREDITABLE FOR THAT YEAR COMPUTED ON THE REMAINING INACTIVE SERVICE ONLY. SUCH DECISION WAS BASED ON THEN EXISTING LAW. HOWEVER, BY OUR DECISION OF JANUARY 10, 1957, B-130034, 36 COMP. GEN. 498, THE PRO RATA REDUCTION OF THE ANNUAL 15-POINT MEMBERSHIP CREDIT FOR ANY PERIOD OF ACTIVE FEDERAL SERVICE DURING THE YEAR WAS HELD NOT TO BE REQUIRED SUBSEQUENT TO AUGUST 9, 1956, IN VIEW OF THE PROVISIONS APPEARING IN 10 U.S.C. 1332(A)(2)(C), EFFECTIVE AUGUST 10, 1956. MOREOVER, AS INDICATED IN THE QUESTIONS QUOTED ABOVE, WE CONCLUDED IN DECISION OF AUGUST 31, 1955, B-122988, 35 COMP. GEN. 120, THAT "THE ARMED SERVICES MAY CONTINUE THE PRESENT POLICY OF AWARDING THE FULL 15 POINTS TO EACH RESERVIST FOR ONE YEAR'S MEMBERSHIP IN A RESERVE COMPONENT (WITHOUT ANY PRO RATA REDUCTION BECAUSE OF ACTIVE FEDERAL SERVICE), UNTIL THE BEGINNING OF HIS FIRST RETIREMENT YEAR WHICH BEGINS AFTER APRIL 15, 1955."

IN THE PRESENT CIRCUMSTANCES, AND SINCE THE INTENT OF THE NEW PROVISIONS IN 10 U.S.C. 1332(A)(2)(C) SEEMS QUITE CLEAR (SEE THE DISCUSSION IN 36 COMP. GEN. 498), WE BELIEVE WE ARE FULLY JUSTIFIED IN SANCTIONING A SINGLE UNIFORM RULE, WITH RESPECT TO THE COMPUTATION OF MEMBERSHIP POINTS, FOR THE SEVERAL PERIODS HERE INVOLVED. ACCORDINGLY, BOTH OF THE QUESTIONS PRESENTED ARE ANSWERED IN THE AFFIRMATIVE.