B-154744, SEP. 9, 1964

B-154744, SEP. 9, 1964

TO LIEUTENANT COLONEL SUMNER S. PIERCE, USAF (RET.):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MAY 8, 1964, WHICH DISALLOWED YOUR CLAIM FOR AIR CORPS RESERVE LUMP SUM BONUS FOR THE PERIOD APRIL 9, 1947, TO JUNE 24, 1948, INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

THE INFORMATION BEFORE THIS OFFICE SHOWS YOU WERE APPOINTED SECOND LIEUTENANT, AIR CORPS RESERVE FEBRUARY 6, 1943, AND WERE ON ACTIVE DUTY UNDER THE AIR RESERVE COMMISSION FROM FEBRUARY 6, 1943, TO DECEMBER 17, 1945. THE RECORD SHOWS FURTHER THAT YOU WERE APPOINTED FIRST LIEUTENANT (TEMPORARY), ARMY OF THE UNITED STATES, ON APRIL 25, 1944. ON DECEMBER 17, 1945, YOU ACCEPTED APPOINTMENT AS CAPTAIN, AIR CORPS RESERVE, WHICH APPOINTMENT LETTER STATED "YOU WILL NOT PERFORM THE DUTIES OF AN OFFICER UNDER THIS APPOINTMENT UNTIL SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS.' NO ORDERS WERE ISSUED DIRECTING YOU TO PERFORM ACTIVE DUTY UNDER YOUR APPOINTMENT AS CAPTAIN, AIR CORPS RESERVE, PRIOR TO JUNE 24, 1948, THE DATE OF THE ACT (50 U.S.C. 463 (C) (1952 ED.) (, TERMINATING SERVICE CREDIT FOR LUMP-SUM PAYMENTS. ON DECEMBER 21, 1945, YOU WERE RELEASED FROM ACTIVE DUTY. IT APPEARS THAT YOU WERE PAID A LUMP SUM BONUS FOR THE PERIOD OF SERVICE FROM FEBRUARY 6, 1943, TO DECEMBER 17, 1945.

BY PARAGRAPH 20, SPECIAL ORDERS NO. 61, WAR DEPARTMENT, MARCH 27, 1947, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 9, 1947, AS FIRST LIEUTENANT. THE ORDERS STATED THAT ALL PERSONNEL WERE OF THE ARMY OF THE UNITED STATES UNLESS OTHERWISE INDICATED, WHICH ORDERS DID NOT OTHERWISE INDICATE IN YOUR CASE. YOU CONTINUED ON ACTIVE DUTY AS AN OFFICER OF THE ARMY OF THE UNITED STATES AND OF THE AIR FORCE OF THE UNITED STATES THROUGH THE PERIOD IN QUESTION.

YOUR CLAIM FOR LUMP SUM BONUS FOR THE PERIOD APRIL 9, 1947, TO JUNE 24, 1948, WAS DISALLOWED FOR THE REASON THAT YOU WERE NOT ORDERED TO PERFORM ANY DUTY UNDER YOUR APPOINTMENT AS CAPTAIN, AIR CORPS RESERVE, DATED DECEMBER 17, 1945, BUT WERE CALLED TO ACTIVE DUTY ON APRIL 7, 1947, AS FIRST LIEUTENANT, ARMY OF THE UNITED STATES, WITHOUT COMPONENT, AND THEREFORE HAD BEEN PAID THE MAXIMUM LUMP SUM BONUS TO WHICH YOU WERE ENTITLED. IN YOUR LETTER YOU STATE A BELIEF THAT YOUR ARMY OF THE UNITED STATES STATUS WAS FOR RANK PURPOSES ONLY, AND YOU CONTEND THAT YOUR STATUS ACTUALLY WAS THAT OF A RESERVE OFFICER ON ACTIVE DUTY DURING THE PERIOD APRIL 9, 1947, TO JUNE 24, 1948.

10 U.S.C. 300A (1946 ED.) PROVIDES THAT WHENEVER ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, HE SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AS SUCH OFFICER, AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST, OR AS A RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE AS DETERMINED BY THE SECRETARY OF WAR, SUCH LUMP SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE. SECTION 355A OF THAT TITLE PROVIDES THAT PERSONS APPOINTED IN THE OFFICERS' RESERVE CORPS ARE RESERVE OFFICERS AND SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES. UNDER THE PROVISIONS OF 50 U.S.C. APP. 463 (C) (1952 ED.) NO LUMP SUM BONUS IS TO BE CREDITED FOR SERVICE AFTER JUNE 24, 1948.

UNDER THE ABOVE PROVISIONS OF LAW, A PERSON TEMPORARILY APPOINTED IN THE ARMY OF THE UNITED STATES WHILE SERVING ON ACTIVE DUTY AS AN OFFICER OF THE AIR CORPS RESERVE SERVED THEREAFTER IN A DUAL STATUS AS A RESERVE OFFICER AND AS AN OFFICER OF THE ARMY OF THE UNITED STATES AND, HENCE, CONTINUED TO BE ENTITLED TO THE AUTHORIZED CREDIT FOR LUMP SUM PAYMENT AFTER APPOINTMENT IN THE ARMY OF THE UNITED STATES FOR THE PERIOD HE LIKEWISE SERVED ON ACTIVE DUTY IN THE STATUS OF AN AIR CORPS RESERVE OFFICER, UNTIL JUNE 24, 1948. SEE 24 COMP. GEN. 790, 25 ID. 18. HOWEVER, PARAGRAPH 73, ARMY REGULATIONS 140-5 JUNE 17, 1941, IN EFFECT DURING THE PERIOD HERE CONCERNED, PROVIDES THAT ANY MEMBER OF THE OFFICERS' RESERVE CORPS WHO ACCEPTS A COMMISSION IN A DIFFERENT GRADE OR SECTION OF THE OFFICERS' RESERVE CORPS, THEREBY VACATES HIS FORMER COMMISSION IN THAT CORPS. SINCE THE AIR CORPS RESERVE WAS A PART OF THE OFFICERS' RESERVE CORPS ON DECEMBER 17, 1945, WHEN YOU ACCEPTED THE COMMISSION OF CAPTAIN IN THE AIR CORPS RESERVE, SUCH ACCEPTANCE VACATED YOUR PRIOR APPOINTMENT IN THE AIR CORPS RESERVE. YOUR COMMISSION AS CAPTAIN PROVIDED YOU WERE NOT TO PERFORM THE DUTIES OF AN OFFICER UNDER THAT APPOINTMENT UNTIL SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS AND SINCE NO ORDERS WERE ISSUED PRIOR TO JUNE 24, 1948, DIRECTING YOU TO PERFORM DUTY UNDER THAT APPOINTMENT, YOUR ACTIVE SERVICE IN THE STATUS OF AN AIR CORPS RESERVE OFFICER FOR THE PURPOSE OF SERVICE CREDIT FOR THE LUMP SUM BONUS PAYMENTS WAS TERMINATED ON DECEMBER 17, 1945. HENCE, IT FOLLOWS THAT UNDER THE ORDERS OF MARCH 27, 1947, YOUR ONLY ACTIVE DUTY STATUS WAS THAT OF AN OFFICER OF THE ARMY OF THE UNITED STATES FROM APRIL 9, 1947, UNTIL YOU WERE TRANSFERRED TO A SIMILAR STATUS IN THE AIR FORCE OF THE UNITED STATES PURSUANT TO THE PROVISIONS OF THE NATIONAL SECURITY ACT OF 1947, APPROVED JULY 26, 1947, 61 STAT. 495, FOR WHICH TYPE OF SERVICE CREDIT IS NOT AUTHORIZED IN THE COMPUTATION OF THE AIR CORPS RESERVE LUMP SUM BONUS PAYMENTS. ACCORDINGLY, THE SETTLEMENT OF MAY 8, 1964, IS SUSTAINED.

WITH REFERENCE TO THE FURTHER PURSUIT OF YOUR CLAIM, YOU ARE ADVISED THAT UNDER THE PROVISIONS OF 31 U.S.C. 71, THE SETTLEMENT OF ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES IS THE RESPONSIBILITY OF THE GENERAL ACCOUNTING OFFICE AND OUR DECISIONS AS TO SUCH CLAIMS ARE CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. THE PAPERS SUBMITTED INCIDENT TO YOUR CLAIM AND ON WHICH THE ACTION TAKEN BY THIS OFFICE WAS BASED HAVE BECOME A PART OF THE PERMANENT RECORD OF OUR OFFICE AND THEREFORE MAY NOT BE RETURNED. 8 GAO MANUAL 2010.10. HOWEVER, PURSUANT TO YOUR REQUEST WE ARE ENCLOSING COPIES OF LETTERS FROM HEADQUARTERS, AIR FORCE ACCOUNTING AND FINANCE CENTER, UNITED STATES AIR FORCE, DENVER, COLORADO, DATED FEBRUARY 6 AND MARCH 11, 1964.