B-145450, MAY 10, 1961

B-145450, MAY 10, 1961

TO COLONEL VICTOR E. DELMORE:

YOUR RECENT LETTER CORRECTING YOUR CLAIM OF JANUARY 9, 1961, FOR THE DIFFERENCE IN LONGEVITY PAY AUTHORIZED FOR A FIRST LIEUTENANT WITH OVER SIX AND SEVEN YEARS OF SERVICE FOR THE PERIOD APRIL 16 TO MAY 17, 1941, TO THE DIFFERENCE IN LONGEVITY PAY AUTHORIZED FOR A FIRST LIEUTENANT WITH OVER FIVE AND SIX YEARS OF SERVICE FOR THE SAME PERIOD WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT DATED FEBRUARY 6, 1961.

BASED ON AGPZ FORM 682, COMPUTATION OF OFFICER'S SERVICE, DATED JUNE 30, 1959, WHICH EVIDENCED CONTINUOUS SERVICE CREDIT FOR PAY PURPOSES FROM THE TIME YOU JOINED THE ENLISTED RESERVE CORPS ON APRIL 16, 1935, YOU MADE CLAIM FOR ADDITIONAL LONGEVITY PAY FOR THE PERIOD FROM MAY 17 TO APRIL 15 OF THE AFFECTED YEARS. BY SETTLEMENT DATED DECEMBER 8, 1960, YOU WERE ALLOWED THE DIFFERENCE IN LONGEVITY PAY AUTHORIZED FOR A MAJOR WITH OVER EIGHT AND NINE YEARS OF SERVICE FOR THE PERIOD APRIL 16 TO MAY 17, 1944, IN THE AMOUNT OF $13.34, AND THAT AUTHORIZED FOR A LIEUTENANT COLONEL WITH OVER 11 AND 12 YEARS OF SERVICE FOR THE PERIOD APRIL 16 TO MAY 17, 1947, IN THE AMOUNT OF $17.11. BY LETTER DATED JANUARY 9, 1961, YOU CLAIMED THE DIFFERENCE IN LONGEVITY PAY AUTHORIZED FOR A FIRST LIEUTENANT WITH OVER SIX AND SEVEN YEARS OF SERVICE FOR THE PERIOD OF APRIL 16 TO MAY 17, 1941. THIS CLAIM WAS DISALLOWED FOR THE REASON THAT, HAVING ENLISTED APRIL 16, 1935, YOU HAD COMPLETED ONLY SIX YEARS OF SERVICE EFFECTIVE APRIL 15, 1941, INSTEAD OF SEVEN YEARS AS CLAIMED. ALSO YOU WERE ADVISED THAT THE PAY RATES IN EFFECT IN APRIL 1941, PROVIDED THE SAME RATE OF PAY FOR A FIRST LIEUTENANT WITH OVER SIX AND SEVEN YEARS OF SERVICE. CORRECTED YOUR CLAIM IS FOR THE DIFFERENCE IN LONGEVITY PAY AUTHORIZED FOR A FIRST LIEUTENANT WITH OVER FIVE AND SIX YEARS OF SERVICE FOR THE PERIOD APRIL 16 TO MAY 17, 1941.

PRIOR TO JUNE 1, 1942, THE CREDIT OF SERVICE FOR PURPOSES OF LONGEVITY PAY OF COMMISSIONED OFFICERS OF THE ARMY WAS GOVERNED BY SECTIONS 1 AND 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, 627, WHICH DID NOT AUTHORIZE COMMISSIONED OFFICERS TO BE CREDITED WITH ENLISTED SERVICE FOR THAT PURPOSE. ONLY ON AND AFTER JUNE 1, 1942, WAS FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS IN THE VARIOUS RESERVE COMPONENTS AUTHORIZED TO BE CREDITED IN COMPUTING THE ACTIVE-DUTY PAY OF OFFICERS. SEE SECTION 3A OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 3 OF THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, AND AS AMENDED BY THE ACT OF FEBRUARY 7, 1944, 58 STAT. 729. SINCE ENLISTED SERVICE WAS NOT CREDITABLE IN THE COMPUTATION OF LONGEVITY PAY OF OFFICERS FOR ANY PERIOD PRIOR TO JUNE 1, 1942, YOU ARE NOT ENTITLED TO BE CREDITED WITH YOUR SERVICE IN THE ENLISTED RESERVE CORPS FROM APRIL 16 TO DECEMBER 13, 1935, IN THE COMPUTATION OF YOUR LONGEVITY PAY AS FIRST LIEUTENANT DURING THE PERIOD APRIL 16 TO MAY 17, 1941. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.