B-163110, JAN. 30, 1968

B-163110: Jan 30, 1968

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HAD 17 YEARS 10 MONTHS AND 23 DAYS OF SERVICE AND WHO CLAIMS RETIRED PAY ON BASIS THAT BACK OF DISCHARGE INDICATES INDIVIDUAL WAS A MEMBER OF THE OFFICER'S RESERVE CORPS MUST HAVE DISCHARGE CONSTRUED AS A RELEASE FROM ACTIVE DUTY AND IS NOT EVIDENCE OF ANY INTENTION TO RETAIN MEMBER IN AN INACTIVE RESERVE SERVICE. SINCE CLAIMANT DID NOT HAVE 20 YEARS OF SERVICE. CLAIM FOR RETIRED PAY WAS PROPERLY DISALLOWED. RYNERSON: REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 3. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR SERVICE RECORD FAILED TO SHOW THAT YOU HAD THE REQUISITE 20 YEARS OF SERVICE FOR ENTITLEMENT TO RETIREMENT PAY. YOU NOW HAVE SUBMITTED A COPY OF THE CERTIFICATE OF DISCHARGE ISSUED TO YOU ON OCTOBER 14.

B-163110, JAN. 30, 1968

ARMED SERVICES - RETIRED PAY - RESERVE SERVICE DECISION SUSTAINING DISALLOWANCE OF CLAIM FOR RETIRED PAY UNDER 10 U.S.C. 1331-7. FORMER MEMBER OF THE ARMY WHO WHEN DISCHARGED ON OCTOBER 14, 1945, HAD 17 YEARS 10 MONTHS AND 23 DAYS OF SERVICE AND WHO CLAIMS RETIRED PAY ON BASIS THAT BACK OF DISCHARGE INDICATES INDIVIDUAL WAS A MEMBER OF THE OFFICER'S RESERVE CORPS MUST HAVE DISCHARGE CONSTRUED AS A RELEASE FROM ACTIVE DUTY AND IS NOT EVIDENCE OF ANY INTENTION TO RETAIN MEMBER IN AN INACTIVE RESERVE SERVICE. SINCE CLAIMANT DID NOT HAVE 20 YEARS OF SERVICE, CLAIM FOR RETIRED PAY WAS PROPERLY DISALLOWED.

TO MR. WENDELL P. RYNERSON:

REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 3, 1967, AND JANUARY 23, 1968, REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED NOVEMBER 29, 1967, WHICH DISALLOWED YOUR CLAIM FOR RETIREMENT PAY UNDER CHAPTER 67 (SECTIONS 1331-1337), TITLE 10, U.S.C. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR SERVICE RECORD FAILED TO SHOW THAT YOU HAD THE REQUISITE 20 YEARS OF SERVICE FOR ENTITLEMENT TO RETIREMENT PAY.

UNDER DATE OF OCTOBER 13, 1967, THE OFFICE OF THE ADJUTANT GENERAL, ARMY ADMINISTRATION CENTER, ST. LOUIS, MISSOURI, FURNISHED A STATEMENT OF YOUR SERVICE RECORD WHICH SHOWS THAT YOU SERVED AS A MEMBER OF THE ENLISTED RESERVE CORPS, UNITED STATES ARMY, FROM NOVEMBER 22, 1927, THROUGH JUNE 18, 1929, AND AS A MEMBER OF THE OFFICERS' RESERVE CORPS FROM JUNE 19, 1929, UNTIL OCTOBER 14, 1945, DURING A PORTION OF WHICH YOU SERVED ON ACTIVE DUTY AS A COMMISSIONED OFFICER, AUS, FOR A TOTAL OF 17 YEARS, 10 MONTHS AND 23 DAYS OF CREDITABLE SERVICE FOR RETIREMENT PAY PURPOSES UNDER 10 U.S.C. 1331-1337. THE COMMUNICATION OF OCTOBER 13, 1967, STATED THAT "RECORDS OF WENDELL P. RYNERSON, 0 264 252 SHOW NO SERVICE SUBSEQUENT TO DATE OF DISCHARGE ON 14 OCTOBER 1945.'

YOU NOW HAVE SUBMITTED A COPY OF THE CERTIFICATE OF DISCHARGE ISSUED TO YOU ON OCTOBER 14, 1945 (WD AGO FORM 53-97), AND YOU CONTEND THAT SINCE NO SPECIFIC REFERENCE IS MADE THEREIN TO YOUR ORC COMMISSION BEING TERMINATED, SUCH COMMISSION CONTINUED IN EFFECT UNTIL AT LEAST JUNE 29, 1948. YOU ALSO DIRECTED ATTENTION TO THE FACT THAT BLOCK 5 ON THE BACK OF FORM 53-97 LISTS YOUR COMPONENT AS "ORC" AND BLOCK 7 LISTS "DATE OF RELIEF FROM ACTIVE DUTY" AS OCTOBER 14, 1945. YOU APPEAR TO BE OF THE VIEW THAT SUCH INFORMATION ESTABLISHES IN SOME WAY THAT YOUR RESERVE COMMISSION WAS NOT TERMINATED BUT THAT YOU WERE MERELY BEING RELEASED FROM ACTIVE DUTY.

THE WD AGO FORM 53-97, CERTIFICATE OF DISCHARGE, CONTAINS NO INFORMATION THAT IS IN ANY WAY IN CONFLICT WITH THE INFORMATION SUPPLIED THIS OFFICE BY THE DEPARTMENT OF THE ARMY. THIS DOCUMENT SHOWS THAT YOU WERE HONORABLY DISCHARGED FROM YOUR MILITARY SERVICE AS CAPTAIN "IN THE ARMY OF THE UNITED STATES" ON OCTOBER 14, 1945. SECTION 1OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, CH. 134, 39 STAT. 166, AS AMENDED, 10 U.S.C. 2 (1940 ED.), IN EFFECT AT THE TIME OF YOUR DISCHARGE PROVIDED THAT THE "ARMY OF THE UNITED STATES SHALL CONSIST OF" CERTAIN NAMED COMPONENTS INCLUDING THE "OFFICERS' RESERVE CORPS.' IT APPEARS CLEAR, THEREFORE, THAT SINCE YOU WERE DISCHARGED FROM MILITARY SERVICE AS A COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES YOUR MEMBERSHIP IN THAT ORGANIZATION IN ANY CAPACITY WAS TERMINATED AT THAT TIME. THE FACT THAT THE REVERSE SIDE OF THE CERTIFICATE OF DISCHARGE CONTAINING A REPORT ON YOUR MILITARY RECORD IN CONNECTION WITH YOUR SEPARATION AND "HONORABLE DISCHARGE" , INDICATED THAT YOU WERE A MEMBER OF THE OFFICERS' RESERVE CORPS AT THAT TIME, FURNISHES NO INFERENCE TO THE CONTRARY. CONCERNING THE STATEMENT IN BLOCK 7 RELATING TO RELEASE FROM ACTIVE DUTY, IT APPEARS CLEAR THAT A DISCHARGE FROM THE SERVICE NECESSARILY INCLUDES A RELEASE FROM ACTIVE DUTY. IN THE CONTEXT USED SUCH A STATEMENT FURNISHES NO BASIS FOR A CONCLUSION THAT THE ARMY INTENDED TO RETAIN YOU IN AN INACTIVE RESERVE STATUS. BLOCK 33 SHOWS THAT YOU WERE SEPARATED IN CONNECTION WITH RECLASSIFICATION BOARD PROCEEDINGS.

SINCE THE RECORD SHOWS THAT YOU HAVE NOT PERFORMED THE 20 YEARS OF SERVICE REQUIRED FOR ENTITLEMENT TO RETIREMENT PAY UNDER SECTION 1331 (A) (2), THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE ACTION HERETOFORE TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.