B-147920, MARCH 2, 1962, 41 COMP. GEN. 578

B-147920, MARCH 2, 1962, 41 COMP. GEN. 578

PAY - SERVICE CREDITS - CADET, MIDSHIPMAN, ETC. - CONCURRENT ENLISTED RESERVE SERVICE THE ACCEPTANCE BY AN ENLISTED MEMBER OF THE NAVAL RESERVE OF AN APPOINTMENT AS A MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY ON JUNE 25, 1956, IS NOT AN ACCEPTANCE OF A SERVICE ACADEMY APPOINTMENT "AFTER JUNE 25, 1956" WITHIN THE MEANING OF 10 U.S.C. 971, WHICH PRECLUDES CREDIT FOR SERVICE UNDER AN ENLISTMENT WHILE SERVING AS A MIDSHIPMAN AT THE NAVAL ACADEMY UNDER AN APPOINTMENT ACCEPTED AFTER JUNE 25, 1956, AND, THEREFORE, AN AIR FORCE OFFICER WHO WAS SERVING IN AN ENLISTMENT IN THE NAVAL RESERVE WHEN HE ACCEPTED AN APPOINTMENT AS MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY ON JUNE 25, 1956, IS ENTITLED UNDER SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 233, TO HAVE THE FULL ENLISTED RESERVE SERVICE CREDITED IN THE COMPUTATION OF HIS CUMULATIVE YEARS OF SERVICE FOR BASIC PAY PURPOSES, NOTWITHSTANDING THAT HE CONCURRENTLY HELD THE STATUS OF CADET AT THE NAVAL ACADEMY, AND SUCH RIGHT TO CREDIT FOR ENLISTED RESERVE SERVICE IS NOT AFFECTED BY PARAGRAPH 20111B, AIR FORCE MANUAL 177- 105, WHICH PRECLUDES CREDIT FOR PAY PURPOSES FOR TIME COMMISSIONED OFFICERS OF THE AIR FORCE WHO SERVED AS CADETS OR MIDSHIPMEN UNDER APPOINTMENTS AFTER AUGUST 24, 1912.

TO CAPTAIN RUSSELL L. HOUSTON, DEPARTMENT OF THE AIR FORCE, MARCH 2, 1962:

BY LETTER DATED JANUARY 10, 1962, AFAAF-3C, THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE, COMPTROLLER, DEPARTMENT OF THE AIR FORCE, FORWARDED TO US YOUR LETTER OF NOVEMBER 16, 1961, WITH ENCLOSURE, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF ALLOWING CREDIT, IN COMPUTING BASIC PAY, FOR ENLISTED MILITARY SERVICE AS A MEMBER OF THE NAVAL RESERVE IN THE CASE OF SECOND LIEUTENANT RICHARD L. BROWN, JR., U.S. AIR FORCE, 59150A, WHILE CONCURRENTLY SERVING AS MIDSHIPMAN, U.S. NAVY, FOR THE PERIOD FROM JUNE 25, 1956, TO JUNE 7, 1960. THE REQUEST WAS ASSIGNED AIR FORCE REQUEST NO. 621 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE. THE ENCLOSURE IS MILITARY PAY ORDER DATED NOVEMBER 16, 1961, ADJUSTING THE OFFICER'S PAY FOR THE PERIOD JUNE 8, 1960, TO JUNE 30, 1961.

THE RECORD PRESENTED SHOWS THAT LIEUTENANT BROWN ENLISTED IN THE U.S. NAVAL RESERVE ON JUNE 20, 1955, FOR A PERIOD OF 8 YEARS AND ON THE SAME DATE WAS ASSIGNED TO NAVAL RESERVE SURFACE DIVISION, SILVER SPRING, MARYLAND, IN A DRILL PAY STATUS. HE WAS TRANSFERRED ON JUNE 20, 1956, TO HEADQUARTERS, FIFTH NAVAL DISTRICT ( ACTIVE STATUS POOL), REPORTING ON JULY 24, 1956. HE WAS APPOINTED A MIDSHIPMAN, U.S. NAVY, ON JUNE 25, 1956, AND ENTERED TRAINING AT THE U.S. NAVAL ACADEMY, ANNAPOLIS, MARYLAND, ON THAT DATE. THE MEMBER WAS DISCHARGED FROM THE U.S. NAVAL RESERVE ON JUNE 7, 1960, TO ACCEPT AN APPOINTMENT AS SECOND LIEUTENANT, U.S. AIR FORCE, ON JUNE 8, 1960.

YOU EXPRESS DOUBT AS TO THE CREDITABILITY OF ENLISTED RESERVE SERVICE, FOR PAY PURPOSES, FOR THE PERIOD FROM JUNE 25, 1956, TO JUNE 7, 1960, FOR THE REASON THAT PARAGRAPH 20111D, AIR FORCE MANUAL 177 105, PROMULGATED PURSUANT TO 10 U.S.C. 971, PRECLUDES CREDIT FOR TIME SERVED UNDER AN ENLISTMENT CONTRACT WHILE ALSO SERVING AS A MIDSHIPMAN AT THE NAVAL ACADEMY UNDER AN APPOINTMENT MADE AFTER JUNE 25, 1956. YOU SAY IT IS NOT READILY APPARENT WHETHER THE STATUTE PROHIBITS SUCH CREDIT IN THE CASE OF APPOINTMENTS ACCEPTED ON JUNE 25, 1956, OR APPLIES ONLY TO APPOINTMENTS ACCEPTED AFTER THAT DATE. ALSO, YOU SAY THAT PARAGRAPH 20111B, AIR FORCE MANUAL 177-105, PRECLUDES ENTITLEMENT FOR CREDIT FOR TIME COMMISSIONED OFFICERS OF THE AIR FORCE SERVED AS MIDSHIPMEN WHILE IN ATTENDANCE AT THE U.S. NAVAL ACADEMY IF APPOINTED OR REAPPOINTED ON OR AFTER AUGUST 24, 1912, NOTWITHSTANDING FURTHER PROVISIONS IN THE SAME PARAGRAPH FOR CREDITING SERVICE OF CERTAIN OFFICERS WHO WERE ADMITTED TO THE ACADEMY PRIOR TO AUGUST 24, 1912. YOU FURTHER REFER TO DECISION OF JUNE 10, 1953, 32 COMP. GEN. 548, IN WHICH IT WAS HELD THAT SERVICE IN THE RESERVE DURING A PERIOD IN WHICH THE MEMBER CONCURRENTLY HELD THE STATUS OF CADET OR MIDSHIPMAN AT ONE OF THE MILITARY ACADEMIES MAY BE COUNTED, UNDER SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 233, AND THE ARMED FORCES RESERVE ACT OF 1952, 50 U.S.C. 901 NOTE, FOR BASIC PAY PURPOSES, WITH THE EXCEPTION OF NAVAL RESERVISTS APPOINTED TO ONE OF THE ACADEMIES PRIOR TO JANUARY 1, 1953, WHOSE RESERVE STATUS WAS AUTOMATICALLY TERMINATED BY SUCH APPOINTMENT UNDER SECTION 4 OF THE NAVAL RESERVE ACT OF 1938, 34 U.S.C. 853 (B) (1946 USED.), WHICH PROHIBITED NAVAL RESERVISTS FROM BEING MEMBERS OF ANY OTHER MILITARY ORGANIZATION. THE PROHIBITORY PROVISION OF THE SAID STATUTE FOR NAVAL RESERVISTS WAS REPEALED BY THE ARMED FORCES RESERVE ACT OF 1952, EFFECTIVE JANUARY 1, 1953. YOU QUESTION WHETHER NAVAL RESERVE SERVICE AS REFERRED TO IN THAT DECISION INCLUDES ENLISTED RESERVE SERVICE.

SECTION 971 OF TITLE 10 OF THE U.S.C. PROVIDES THAT THE PERIOD OF SERVICE UNDER AN ENLISTMENT OR PERIOD OF OBLIGATED SERVICE WHILE ALSO SERVING AS A CADET AT THE UNITED STATES MILITARY ACADEMY, THE UNITED STATES AIR FORCE ACADEMY, OR THE UNITED STATES COAST GUARD ACADEMY, OR AS A MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY OR IN THE NAVAL RESERVE, UNDER AN APPOINTMENT ,ACCEPTED AFTER JUNE 25, 1956," MAY NOT BE COUNTED IN COMPUTING, FOR ANY PURPOSE, THE LENGTH OF SERVICE OF AN OFFICER OF THE ARMED FORCES. SINCE THAT PROVISION IS EFFECTIVE ONLY AS TO ACCEPTANCES MADE "AFTER" JUNE 25, 1956, IT IS WITHOUT EFFECT ON ACCEPTANCES MADE ON JUNE 25, 1956. 7 COMP. GEN. 793. HAVING ACCEPTED HIS APPOINTMENT ON JUNE 25, 1956, THE MEMBER WAS ENTITLED UNDER THE PROVISIONS OF SECTION 202 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, 37 U.S.C. 233, TO BE CREDITED, IN COMPUTING HIS CUMULATIVE YEARS OF SERVICE FOR BASIC PAY PURPOSES, WITH THE FULL TIME OF HIS ENLISTED RESERVE SERVICE, NOTWITHSTANDING THE FACT THAT HE CONCURRENTLY HELD THE STATUS OF CADET AT THE U.S. NAVAL ACADEMY, THE PRINCIPLE OF THE DECISION OF JUNE 10, 1953, 32 COMP. GEN. 548, BEING APPLICABLE TO ENLISTED NAVAL RESERVE SERVICE. COMPARE 40 COMP. GEN. 473, INVOLVING ENLISTED NAVAL RESERVE SERVICE WHICH, HOWEVER, IT WAS HELD WAS NOT COMPATIBLE WITH CONCURRENT MIDSHIPMAN SERVICE IN THE NAVAL RESERVE. SUCH RIGHT TO CREDIT FOR THE ENLISTED RESERVE SERVICE WOULD NOT BE AFFECTED BY THE PROVISIONS OF PARAGRAPH 20111B, AFM 177-105, THAT PARAGRAPH RELATING TO CREDIT FOR PAY PURPOSES FOR CADET OR MIDSHIPMAN SERVICE IN THE SERVICE ACADEMIES, PROHIBITED AS TO APPOINTMENTS AFTER AUGUST 24, 1912 (37 U.S.C. 4).

ACCORDINGLY, THE OFFICER IS ENTITLED TO CREDIT, FOR PAY PURPOSES, FOR ENLISTED RESERVE SERVICE FROM JUNE 25, 1956, TO JUNE 7, 1960, WHILE ATTENDING THE NAVAL ACADEMY, AND THE MILITARY PAY ORDER IS RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF OTHERWISE CORRECT.