B-153539, MAR. 30, 1964

B-153539: Mar 30, 1964

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AGC: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 5. THE RECORD SHOWS THAT WHILE SERVING ON ACTIVE DUTY AS AN ENLISTED MAN IN THE REGULAR ARMY YOU WERE DISCHARGED ON JANUARY 17. YOU WERE DISCHARGED TO ENTER ON EXTENDED ACTIVE DUTY IN THE RESERVE GRADE OF CAPTAIN. IN WHICH GRADE YOU HAVE CONTINUED TO SERVE. WAS AUTHORIZED TO BE MADE UNDER THE CONDITIONS SPECIFIED IN TITLE V OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952. THOSE STATUTORY PROVISIONS WERE REPEALED BY SUBSECTION (101) OF SECTION 14 OF THE ACT OF SEPTEMBER 2. THE PRIMARY PURPOSE OF THE FOREGOING PROVISIONS OF LAW IS TO AID MEMBERS OF THE ARMED FORCES IN THEIR READJUSTMENT TO CIVILIAN LIFE UPON THEIR DISCHARGE OR RELEASE FROM ACTIVE MILITARY SERVICE.

B-153539, MAR. 30, 1964

TO CAPTAIN RALPH L. BARSANTI, AGC:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 5, 1964, REQUESTING REVIEW OF OUR SETTLEMENT DATED JANUARY 28, 1964, WHICH DISALLOWED YOUR CLAIM FOR MUSTERING-OUT PAY INCIDENT TO YOUR SERVICE IN THE ARMY FROM AUGUST 14, 1950.

THE RECORD SHOWS THAT WHILE SERVING ON ACTIVE DUTY AS AN ENLISTED MAN IN THE REGULAR ARMY YOU WERE DISCHARGED ON JANUARY 17, 1952, TO ACCEPT AN APPOINTMENT AS A NON-REGULAR WARRANT OFFICER IN THE ARMY OF THE UNITED STATES. ON NOVEMBER 1, 1961, YOU WERE DISCHARGED TO ENTER ON EXTENDED ACTIVE DUTY IN THE RESERVE GRADE OF CAPTAIN, IN WHICH GRADE YOU HAVE CONTINUED TO SERVE.

PAYMENT OF MUSTERING-OUT PAY TO MEMBERS OF THE ARMED FORCES WHO SERVED ON ACTIVE DUTY ON OR AFTER JUNE 27, 1950, WAS AUTHORIZED TO BE MADE UNDER THE CONDITIONS SPECIFIED IN TITLE V OF THE VETERANS' READJUSTMENT ASSISTANCE ACT OF 1952, APPROVED JULY 16, 1952, CH. 875, 66 STAT. 688, 38 U.S.C. 1011 -1016 (1952 ED.). THOSE STATUTORY PROVISIONS WERE REPEALED BY SUBSECTION (101) OF SECTION 14 OF THE ACT OF SEPTEMBER 2, 1958, PUB.L. 85-857, 72 STAT. 1273, AND REENACTED AS 38 U.S.C. 2101-2105. SECTION 2104 PROVIDES THAT A RIGHT TO PAYMENT OF MUSTERING-OUT PAY "SHALL ACCRUE AND THE AMOUNT THEREOF SHALL BE COMPUTED AS OF THE TIME OF DISCHARGE FOR THE PURPOSE OF EFFECTING A PERMANENT SEPARATION FROM THE SERVICE OR OF ULTIMATE RELIEF FROM ACTIVE DUTY.'

THE PRIMARY PURPOSE OF THE FOREGOING PROVISIONS OF LAW IS TO AID MEMBERS OF THE ARMED FORCES IN THEIR READJUSTMENT TO CIVILIAN LIFE UPON THEIR DISCHARGE OR RELEASE FROM ACTIVE MILITARY SERVICE. YOU HAVE BEEN A MEMBER OF THE ARMED FORCES CONTINUOUSLY DURING THE PERIOD HERE INVOLVED. WHILE SECTION 2104 ALSO AUTHORIZES THE PAYMENT OF MUSTERING-OUT PAY AT THE TIME OF DISCHARGE FOR THE ,PURPOSE OF ENLISTMENT, REENLISTMENT, OR APPOINTMENT IN A REGULAR COMPONENT OF THE ARMED FORCES," YOU HAVE NOT SERVED AS A MEMBER OF THE REGULAR ARMY SINCE 1952. THE PURPOSE OF THE LATTER STATUTORY PROVISION IS TO ENCOURAGE MEMBERS OF MAKE A CAREER OF SERVICE IN THE REGULAR COMPONENTS OF THE ARMED FORCES. THE CONGRESS HAS NOT SEEN FIT TO PROVIDE A SIMILAR INDUCEMENT FOR CONTINUED ACTIVE SERVICE IN ANY OTHER CAPACITY. SINCE YOUR DISCHARGES IN 1952 AND 1961 WERE NOT FOR THE PURPOSE OF ACCEPTING AN APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER IN THE REGULAR ARMY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.