B-155800, FEB. 1, 1965

B-155800: Feb 1, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO LIEUTENANT COLONEL JOHN LYMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7. THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY IN YOUR GRADE OF LIEUTENANT COLONEL EFFECTIVE JANUARY 31. IN ACCORDANCE WITH THE PROVISIONS OF 10 U.S.C. 3843 BY REASON OF YOUR HAVING BECOME 60 YEARS OF AGE AND YOU WERE PAID READJUSTMENT PAY AS PROVIDED BY 50 U.S.C. 1016. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU WERE NOT A COMMISSIONED OFFICER DURING THE PERIOD OF YOUR CLAIM AND CONSEQUENTLY DID NOT MEET THE REQUIREMENTS OF THE STATUTE FOR ENTITLEMENT TO SPECIAL PAY. YOU RENEWED YOUR CLAIM ON THE BASIS THAT WHILE YOU WERE SERVING UNDER YOUR ENLISTMENT IN THE REGULAR ARMY DURING THE PERIOD OF YOUR CLAIM YOU WERE STILL AN OFFICER IN THE RETIRED RESERVE LIABLE TO RECALL TO ACTIVE DUTY IN CASE OF AN EMERGENCY AND IT IS YOUR BELIEF THAT IT WAS THE INTENT OF CONGRESS TO COMPENSATE DOCTORS FOR PROFESSIONAL SERVICES.

B-155800, FEB. 1, 1965

TO LIEUTENANT COLONEL JOHN LYMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7, 1964, REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DATED NOVEMBER 19, 1964, WHICH DISALLOWED YOUR CLAIM FOR SPECIAL PAY FOR PERFORMING FULL-TIME DUTIES OF DENTIST DURING THE PERIODS MAY 6, 1958 TO APRIL 26, 1961, AND JULY 6, 1961, TO MARCH 9, 1962, WHILE SERVING IN THE UNITED STATES ARMY AS A SERGEANT, E-5, RA 986 967.

THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY IN YOUR GRADE OF LIEUTENANT COLONEL EFFECTIVE JANUARY 31, 1958, IN ACCORDANCE WITH THE PROVISIONS OF 10 U.S.C. 3843 BY REASON OF YOUR HAVING BECOME 60 YEARS OF AGE AND YOU WERE PAID READJUSTMENT PAY AS PROVIDED BY 50 U.S.C. 1016. YOU ENLISTED IN THE REGULAR ARMY FEBRUARY 1, 1958, FOR A PERIOD OF 5 YEARS AND SERVED UNDER THAT ENLISTMENT UNTIL YOUR DISCHARGE ON FEBRUARY 28, 1963, FOR RETIREMENT AS AN OFFICER IN THE GRADE OF LIEUTENANT COLONEL UNDER THE PROVISIONS OF 10 U.S.C. 3911.

YOU SAY THAT AS AN ENLISTED MAN YOU PERFORMED FULL-TIME DUTIES AS A DENTIST DURING THE PERIOD MAY 6, 1958, TO APRIL 26, 1961, AT FORT BUCHANAN, PUERTO RICO, AND RODRIQUEZ ARMY HOSPITAL, PUERTO RICO, AND FROM JULY 6, 1961, TO MARCH 9, 1962, AT FORT LEWIS, WASHINGTON. HAVING THUS PERFORMED THE DUTIES OF A DENTIST YOU CLAIMED THE SPECIAL PAY ALLOWED OFFICERS WHO SERVE IN THE ARMED FORCES AS MEDICAL OR DENTAL OFFICERS. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU WERE NOT A COMMISSIONED OFFICER DURING THE PERIOD OF YOUR CLAIM AND CONSEQUENTLY DID NOT MEET THE REQUIREMENTS OF THE STATUTE FOR ENTITLEMENT TO SPECIAL PAY. IN YOUR LETTER OF DECEMBER 7, 1964, YOU RENEWED YOUR CLAIM ON THE BASIS THAT WHILE YOU WERE SERVING UNDER YOUR ENLISTMENT IN THE REGULAR ARMY DURING THE PERIOD OF YOUR CLAIM YOU WERE STILL AN OFFICER IN THE RETIRED RESERVE LIABLE TO RECALL TO ACTIVE DUTY IN CASE OF AN EMERGENCY AND IT IS YOUR BELIEF THAT IT WAS THE INTENT OF CONGRESS TO COMPENSATE DOCTORS FOR PROFESSIONAL SERVICES.

WHILE THE PRINCIPAL PURPOSE FOR AUTHORIZING THE ADDITIONAL PAY FOR PHYSICIANS AND DENTISTS WAS TO PROVIDE AN INDUCEMENT FOR QUALIFIED MEDICAL AND DENTAL PERSONNEL TO SERVE ON ACTIVE DUTY IN THE UNIFORMED SERVICES BECAUSE OF THE DIFFICULTY EXPERIENCED IN SECURING AND RETAINING ON ACTIVE DUTY AN ADEQUATE NUMBER OF PHYSICIANS, SURGEONS AND DENTISTS, SUCH PROFESSIONAL PERSONS BECOME ENTITLED TO THE SPECIAL PAY ONLY IF THEY FALL WITHIN ONE OF THE CATEGORIES OF "COMMISSIONED OFFICERS" DEFINED IN THE LAW (37 U.S.C. 234 (A), NOW 37 U.S.C. 302 (A) ( WHO ARE SERVING ON ACTIVE DUTY AS MEDICAL OR DENTAL OFFICERS. ALTHOUGH YOU REMAINED A COMMISSIONED OFFICER IN THE RETIRED RESERVE SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY FOR AGE, YOUR SERVICE IN THE REGULAR ARMY UNDER YOUR ENLISTMENT ENTERED INTO ON FEBRUARY 1, 1958, COULD NOT, IN ANY CIRCUMSTANCES, PLACE YOU IN ONE OF THE CATEGORIES OF "COMMISSIONED OFFICERS" ENTITLED TO SPECIAL PAY.

IT APPEARS THAT YOUR ENLISTMENT IN THE REGULAR ARMY WAS FOR THE PURPOSE OF ACQUIRING SUFFICIENT SERVICE TO QUALIFY FOR RETIREMENT WITH PAY. YOU THUS ACQUIRED A DUAL STATUS AS AN INACTIVE RESERVE OFFICER AND AN ACTIVE ENLISTED MAN AND, WHILE YOU REMAINED A LIEUTENANT COLONEL IN THE RETIRED RESERVE DURING YOUR TERM OF ACTIVE SERVICE AS A SERGEANT IN THE REGULAR ARMY, SUCH ACTIVE SERVICE IS ENTIRELY SEPARATE FROM YOUR INACTIVE OFFICER STATUS. THE SPECIAL PAY BEING AN ADDITIONAL EMOLUMENT GRANTED TO COMMISSIONED OFFICERS, THERE IS NO AUTHORITY OF LAW FOR PAYMENT OF SPECIAL PAY IN ADDITION TO YOUR PAY AND ALLOWANCES AS AN ENLISTED MAN.