B-44390, DECEMBER 5, 1944, 24 COMP. GEN. 423

B-44390: Dec 5, 1944

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AUTHORIZING THE SAME PAY AND ALLOWANCES FOR OFFICERS APPOINTED THEREUNDER IN THE ARMY OF THE UNITED STATES AS ARE PROVIDED FOR "MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE. WHO ARE ASSIGNED TO DUTY WITH THE AIR CORPS. ARE ENTITLED TO RECEIVE. ON THE BASIS THAT SUCH PAYMENTS ARE AUTHORIZED FOR AIR CORPS RESERVE OFFICERS BY THE ARMY AVIATION CADET ACT. BE REQUIRED TO SIGN AN AGREEMENT THAT UPON HIS SUCCESSFUL COMPLETION OF THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION AS AN AVIATION CADET HE WILL ACCEPT A COMMISSION AS SECOND LIEUTENANT. WILL SERVE AS SUCH FOR A CONTINUOUS PERIOD OF THREE YEARS ON ACTIVE DUTY. IS HEREBY AMENDED TO READ AS FOLLOWS: "SEC. 2.

B-44390, DECEMBER 5, 1944, 24 COMP. GEN. 423

LUMP-SUM PAYMENTS TO AVIATION OFFICERS COMMISSIONED IN THE ARMY OF THE UNITED STATES THE PROVISION IN THE ACT OF SEPTEMBER 22, 1941, AUTHORIZING THE SAME PAY AND ALLOWANCES FOR OFFICERS APPOINTED THEREUNDER IN THE ARMY OF THE UNITED STATES AS ARE PROVIDED FOR "MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE," DOES NOT OPERATE TO ENTITLE SUCH OFFICERS WHO MIGHT BE ASSIGNED TO THE AIR CORPS TO THE LUMP-SUM PAYMENT SPECIALLY AUTHORIZED BY SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, FOR AIR CORPS RESERVE OFFICERS FOR EACH COMPLETE YEAR OF SERVICE, UPON RELIEF FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, DECEMBER 5, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 7, 1944, REQUESTING A DECISION AS TO WHETHER OFFICERS APPOINTED IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, AND WHO ARE ASSIGNED TO DUTY WITH THE AIR CORPS, ARE ENTITLED TO RECEIVE, UPON RELEASE FROM ACTIVE DUTY, AN ADDITIONAL LUMP-SUM PAYMENT OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE WITH THE AIR CORPS, ON THE BASIS THAT SUCH PAYMENTS ARE AUTHORIZED FOR AIR CORPS RESERVE OFFICERS BY THE ARMY AVIATION CADET ACT, APPROVED JUNE 3, 1941, 55 STAT. 239.

THE SAID ACT OF SEPTEMBER 22, 1941, PROVIDES AS FOLLOWS:

THAT DURING THE PRESENT EMERGENCY, TEMPORARY APPOINTMENTS AS OFFICERS IN THE ARMY OF THE UNITED STATES MAY BE MADE, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, FROM AMONG QUALIFIED PERSONS WITHOUT APPOINTING SUCH PERSONS AS OFFICERS IN ANY PARTICULAR COMPONENT OF THE ARMY OF THE UNITED STATES. ALL PERSONS SO APPOINTED AS OFFICERS SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES AND MAY BE ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES TO SERVE THEREIN FOR SUCH PERIODS OF TIME AS THE PRESIDENT MAY PRESCRIBE. SUCH APPOINTMENTS IN GRADES BELOW THAT OF BRIGADIER GENERAL SHALL BE MADE BY THE PRESIDENT ALONE, AND GENERAL OFFICERS BY AND WITH THE ADVICE AND CONSENT OF THE SENATE:PROVIDED, THAT ANY APPOINTMENT MADE UNDER THE PROVISIONS OF THIS ACT MAY BE VACATED AT ANY TIME BY THE PRESIDENT AND, IF NOT SOONER VACATED, SHALL CONTINUE DURING THE PRESENT EMERGENCY AND SIX MONTHS THEREAFTER: PROVIDED FURTHER, THAT ANY PERSON APPOINTED AS AN OFFICER IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THIS ACT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AND BE ENTITLED TO THE SAME RIGHTS, PRIVILEGES, AND BENEFITS AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE: AND PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE APPOINTMENT OF OFFICERS IN THE VARIOUS COMPONENTS OF THE ARMY OF THE UNITED STATES IN ACCORDANCE WITH EXISTING LAWS.

THE SAID ARMY AVIATION CADET ACT OF JUNE 3, 1941, 55 STAT. 239, 240, PROVIDED:

SEC. 3. UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, MALE CITIZENS OF THE UNITED STATES MAY ENLIST AS AVIATION CADETS, AND ENLISTED MEN IN THE REGULAR ARMY MAY BE APPOINTED BY THE SECRETARY OF WAR AS AVIATION CADETS. EACH AVIATION CADET SHALL, AT THE TIME OF HIS ENLISTMENT OR APPOINTMENT AS SUCH, BE REQUIRED TO SIGN AN AGREEMENT THAT UPON HIS SUCCESSFUL COMPLETION OF THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION AS AN AVIATION CADET HE WILL ACCEPT A COMMISSION AS SECOND LIEUTENANT, AIR CORPS RESERVE, AND WILL SERVE AS SUCH FOR A CONTINUOUS PERIOD OF THREE YEARS ON ACTIVE DUTY, UNLESS SOONER RELEASED: PROVIDED, THAT IN THE CASE OF A MINOR, SUCH AGREEMENT SHALL BE SIGNED WITH THE CONSENT OF HIS PARENTS OR GUARDIAN. UPON THE SUCCESSFUL COMPLETION OF SUCH PRESCRIBED COURSE OF TRAINING AND INSTRUCTION, EACH AVIATION CADET SHALL BE COMMISSIONED AS A SECOND LIEUTENANT, AIR CORPS RESERVE, AND UPON THE COMPLETION OF SUCH PERIOD OF THREE YEARS ON ACTIVE DUTY EACH SUCH SECOND LIEUTENANT SHALL BE PROMOTED TO THE GRADE OF FIRST LIEUTENANT, AIR CORPS RESERVE. THE SECRETARY OF WAR MAY AT ANY TIME DISCHARGE ANY AVIATION CADET OR RELEASE FROM ACTIVE DUTY ANY SUCH OFFICER IN THE AIR CORPS RESERVE. * *

SEC. 6. SECTION 2 OF THE ACT OF JUNE 16, 1936 (49 STAT. 1524), AS AMENDED, IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 2. 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 SERVICE. THE LUMP SUM PAYMENTS HEREIN AUTHORIZED SHALL BE IN ADDITION TO ANY PAY, ALLOWANCES, COMPENSATION, OR BENEFITS WHICH SUCH OFFICERS MAY OTHERWISE BE ENTITLED TO RECEIVE.'

BY THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941, SUPRA, ANY PERSON APPOINTED THEREUNDER AS AN OFFICER IN THE ARMY OF THE UNITED STATES IS ENTITLED TO THE SAME PAY AND ALLOWANCES AND TO THE SAME RIGHTS, PRIVILEGES, AND BENEFITS AS ARE AUTHORIZED FOR "MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE.' THE DETERMINING FACTORS SPECIFIED BY THE STATUTE FOR COMPARISON ARE GRADE AND LENGTH OF SERVICE. NO MENTION IS MADE OF COMPARATIVE DUTIES OR OF ANY SPECIAL PAY AND ALLOWANCES WHICH MAY BE AUTHORIZED FOR MEMBERS OF A PARTICULAR SECTION OF THE OFFICERS' RESERVE CORPS BUT NOT FOR OTHERS. INSTEAD, THE STATUTE EVIDENTLY REFERS TO "MEMBERS OF THE OFFICERS' RESERVE CORPS" AS A GENERAL CLASS AND CONTEMPLATES PAYMENTS TO PERSONS APPOINTED IN THE ARMY OF THE UNITED STATES THEREUNDER OF THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR MEMBERS OF THE OFFICERS' RESERVE CORPS GENERALLY. MEMBERS OF THE OFFICERS' RESERVE CORPS GENERALLY ARE NOT ENTITLED TO THE LUMP-SUM PAYMENT OF $500 FOR EACH YEAR OF CONTINUOUS ACTIVE SERVICE. SUCH PAYMENTS WERE SPECIALLY AUTHORIZED ONLY FOR AIR CORPS RESERVE OFFICERS, UNDER CERTAIN SPECIFIED CONDITIONS. AS PERSONS APPOINTED AS OFFICERS IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE SAID ACT OF SEPTEMBER 22, 1941, ALTHOUGH ASSIGNED TO DUTY IN THE AIR CORPS, DO NOT THEREBY BECOME AIR CORPS RESERVE OFFICERS, IT IS CLEAR THAT THEY DO NOT COME WITHIN THE STATUTORY LANGUAGE OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, AUTHORIZING THE ADDITIONAL LUMP-SUM PAYMENTS FOR AIR CORPS RESERVE OFFICERS, ONLY, AND, AS MEMBERS OF THE OFFICERS' RESERVE CORPS GENERALLY ARE NOT ENTITLED TO SUCH LUMP-SUM PAYMENTS, THE GENERAL LANGUAGE OF THE SAID ACT OF SEPTEMBER 22, 1941, REASONABLY MAY NOT BE VIEWED AS INTENDED, BY ASSIMILATION, TO CONFER SUCH SPECIAL RIGHT ON PERSONS APPOINTED AS OFFICERS OF THE ARMY OF THE UNITED STATES, BECAUSE ASSIGNED TO DUTY IN THE AIR CORPS, IN THE ABSENCE OF PERSUASIVE EVIDENCE OTHERWISE OF A LEGISLATIVE PURPOSE TO AUTHORIZE SUCH PAYMENTS ON THAT BASIS.

NOTHING IS FOUND IN THE HISTORY OF THE STATUTES INVOLVED, OR OF THE STATUTES IN PARI MATERIA, EVIDENCING ANY SUCH LEGISLATIVE PURPOSE. THE AMENDED PROVISION IN THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, SUPRA, AUTHORIZING A LUMP-SUM PAYMENT TO AIR CORPS RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY, UNDER CERTAIN CONDITIONS, IS BASICALLY A CONTINUATION OF SIMILAR PROVISIONS CONTAINED IN THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AND THE ACT OF APRIL 3, 1939, 53 STAT. 555, 559. THE ACT OF JUNE 16, 1936,"TO INCREASE THE EFFICIENCY OF THE AIR CORPS," PROVIDED, IN PART:

THAT THE PRESIDENT BE, AND HE IS HEREBY, AUTHORIZED TO CALL TO ACTIVE DUTY, WITH THEIR CONSENT, FOR PERIODS OF NOT MORE THAN FIVE YEARS, SUCH NUMBER OF ARMY AIR CORPS RESERVE OFFICERS AS HE MAY DEEM NECESSARY, NOT TO EXCEED ONE THOUSAND THREE HUNDRED AND FIFTY.

SEC. 2. UPON THE TERMINATION OF SUCH A PERIOD OF ACTIVE DUTY OF NOT LESS THAN THREE YEARS IN DURATION, SUCH AIR CORPS RESERVE OFFICERS SHALL BE PAID A LUMP SUM OF $500, WHICH SUM SHALL BE IN ADDITION TO ANY PAY AND ALLOWANCES WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE.

THE REPORT OF THE COMMITTEE ON MILITARY AFFAIRS, HOUSE OF REPRESENTATIVES, RECOMMENDING THE PASSAGE OF SUCH LEGISLATION, H.R. REPORT NO. 2359, 74TH CONGRESS, APRIL 2, 1936, ON H.R. 11920, STATED, IN PART:

SECTIONS 1 AND 2 CONSTITUTE AN AUTHORIZATION AND MAKE POSSIBLE INTELLIGENT PLANNING FOR THE FUTURE. THEY PROVIDE THAT THE PRESIDENT IS AUTHORIZED TO CALL TO EXTENDED ACTIVE DUTY THE NUMBER OF RESERVE OFFICERS REQUIRED TO MAN THE AIRPLANES ON HAND PLUS THOSE BEING PROVIDED FOR IN CURRENT APPROPRIATIONS. WITHOUT THIS AUTHORITY IT IS POSSIBLE THAT AIRPLANES BEING PROVIDED WILL BE STORED IN HANGARS DUE TO THE LACK OF PILOT PERSONNEL. EXISTING LAW DEFINITELY LIMITS THE NUMBER OF PERSONNEL TO A FIGURE BELOW ANTICIPATED REQUIREMENTS.

THESE SECTIONS OF THE BILL ALSO MARK A GREAT ADVANCE IN THE PLANS FOR THE EMPLOYMENT AND TRAINING OF RESERVE OFFICERS AS PART OF THE SCHEME OF NATIONAL DEFENSE. THERE CAN BE NO COMPARISON IN EFFICIENCY BETWEEN THE RESERVE OFFICER TRAINED AT VARIOUS TIMES FOR 14 DAYS AND THE ONE WHO HAS SERVED 3 TO 5 YEARS ON DUTY WITH THE REGULAR ARMY. IT ALSO EQUALIZES THE CONDITIONS OF SERVICE IN THE ARMY, NAVY, AND MARINE CORPS.

THE REPORT OF THE SENATE COMMITTEE ON MILITARY AFFAIRS ON THE BILL, SENATE REPORT NO. 2039, MAY 12, 1936, STATED:

SECTIONS 1 AND 2 PROVIDE AN AUTHORIZATION FOR THE ACTUAL NUMBER OF RESERVE OFFICERS OF THE AIR CORPS NEEDED TO AUGMENT THE OFFICERS OF THE REGULAR ARMY IN ORDER TO PROVIDE THE PROPER PERSONNEL FOR THE NEW AND MODERN AIRCRAFT NOW ON HAND OR TO BE DELIVERED, AND MAKE IT POSSIBLE TO KEEP THESE RESERVE OFFICERS ON ACTIVE DUTY WITH THE REGULAR ARMY FOR A SUFFICIENT LENGTH OF TIME TO REALLY BECOME PROFICIENT FOR IMMEDIATE AND EFFICIENT SERVICE IN EMERGENCY WITHOUT DELAY AND WITHOUT FURTHER TRAINING. THESES SECTIONS ALSO OBVIATE THE PRESENT TOO RAPID TURN-OVER OF PERSONNEL, WHICH PREVENTS THE COMPLETE TRAINING OF RESERVE OFFICERS UNDER MODERN CONDITIONS AND WITH THE PRESENT ADVANCED TYPES OF AIRCRAFT USED BY THE ARMY. IN ADDITION THESE OBJECTIVES ARE ACCOMPLISHED WITH SO MUCH ECONOMY THAT IT WILL BE POSSIBLE TO MAINTAIN ON ACTIVE DUTY WITH THE REGULAR ARMY THREE TIMES THE NUMBER OF QUALIFIED RESERVE PILOTS AT A COST WHICH IS LESS THAN TWICE THE COST OF THE PRESENT SYSTEM WHICH ACT IS DESIGNED TO CORRECT.

BOTH REPORTS QUOTED A LETTER DATED MARCH 16, 1936, FROM THE SECRETARY OF WAR TO THE SPEAKER, HOUSE OF REPRESENTATIVES, RECOMMENDING THE ENACTMENT OF SUCH LEGISLATION, IN PART AS FOLLOWS:

EXISTING LEGISLATION WHICH WILL BE AFFECTED BY THE PROPOSED BILL IS CONTAINED IN SECTION 8, ACT OF JULY 2, 1926, PUBLIC, 446, FIFTY-NINTH CONGRESS, WHICH, UNDER THE HEADING " PERSONNEL," READS AS FOLLOWS:

"THE PRESIDENT IS AUTHORIZED TO CALL TO ACTIVE SERVICE, WITH THEIR CONSENT, SUCH NUMBERS OF AIR CORPS RESERVE OFFICERS AS HE MAY DEEM NECESSARY, NOT TO EXCEED FIVE HUNDRED AND FIFTY, 90 PERCENTUM OF WHOM SHALL SERVE FOR PERIODS OF NOT MORE THAN ONE YEAR AND 10 PERCENTUM FOR PERIODS OF NOT MORE THAN TWO YEARS: PROVIDED, THAT NOTHING CONTAINED IN THIS SECTION SHALL AFFECT THE NUMBER OF RESERVE OFFICERS, THAT MAY BE CALLED TO ACTIVE DUTY FOR PERIODS OF LESS THAN SIX MONTHS UNDER EXISTING LAW.'

FOR SOME TIME IT HAS BEEN APPARENT THAT THE FOREGOING PROVISION OF LAW UNDER WHICH THE WAR DEPARTMENT IS AT PRESENT OPERATING IS FAULTY AND WILL NOT MEET THE NEEDS OF THE EXPANDING AIR CORPS, NOR IS IT ECONOMICAL IN ITS OPERATION. THE MAXIMUM TERM OF ACTIVE SERVICE WITH REGULAR OFFICERS ON THE PART OF RESERVE PILOTS SHOULD BE INCREASED AT LEAST 3 YEARS AND PERHAPS FURTHER. A CASH PAYMENT SHOULD BE GIVEN UPON TERMINATION OF THIS DUTY TO EASE THE SHOCK OF TRANSFERENCE TO CIVILIAN LIFE.' THE COMMITTEE OF WHICH MR. NEWTON D. BAKER WAS CHAIRMAN ALSO REFERRED TO THIS SUBJECT IN ITS REPORT QUOTED IN PART AS FOLLOWS:

"THE TOUR OF EXTENDED ACTIVE DUTY FOR RESERVE OFFICERS * * * SHOULD BE EXTENDED SO AS TO MINIMIZE THE TURN-OVER IN TACTICAL UNITS.'

THE WAR DEPARTMENT HAS MADE A CAREFUL STUDY OF THIS SITUATION AND IS OF THE OPINION THAT THE PROPER DEVELOPMENT OF THE G.H.Q. AIR FORCE AND COMPLEMENTARY AIR CORPS ACTIVITIES FROM A PERSONNEL VIEWPOINT REQUIRES A FAR-SEEING PLAN WHICH WILL ASSURE THE FOLLOWING FUNDAMENTALS:

(A) AUTHORIZATION FOR A SUFFICIENT NUMBER OF PERSONNEL TO GUARANTEE THAT THE AIRCRAFT ON HAND AND BEING PROCURED WILL BE PROPERLY MANNED, AND THAT OTHER ACTIVITIES WILL OPERATE EFFICIENTLY.

(B) A SUFFICIENCY OF TIME TO TRAIN PERSONNEL SO THAT TRAINED COMBAT CREWS WILL BE AVAILABLE AS NEW AND AUGMENTING AIRCRAFT IS DELIVERED.

(C) AN EFFICIENT AND ECONOMICAL TOUR OF DUTY FOR RESERVE PERSONNEL ON EXTENDED ACTIVE DUTY WITH THE REGULAR ARMY AIR CORPS.

(D) A REDUCTION IN THE TURN-OVER OF PERSONNEL SO THAT UNIT TRAINING IN TACTICAL UNITS CAN BE CARRIED ON EFFICIENTLY.

(E) A CONDITION OF SERVICE THAT WILL BE EQUAL TO THE CONDITIONS NOW PREVAILING IN THE UNITED STATES NAVY AND UNITED STATES MARINE CORPS FOR THE SAME TYPE OF PERSONNEL. * * *

IF THE FIFTH FUNDAMENTAL REQUIREMENT IS TO BE ACCOMPLISHED, THE CONDITIONS OF SERVICE FOR THE RESERVE OFFICER MUST BE JUST AND EQUITABLE. AS HAS BEEN STATED, THE EMPLOYMENT OF FLYING CADETS ON DUTY WITH TACTICAL UNITS IS NOT EQUITABLE. IF THE SERVICES OF AN INDIVIDUAL ARE TO BE UTILIZED IN THE CAPACITY OF AN OFFICER OF THE ARMY, HE SHOULD BE RECOGNIZED AS SUCH AND PAID ACCORDINGLY. TO DO OTHERWISE WOULD NOT ATTRACT THE PROPER TYPE OF INDIVIDUAL. RECENT LEGISLATION ( PUBLIC NO. 37, 74TH CONG.) CREATED THE GRADE OF NAVAL AVIATION CADET IN THE NAVAL RESERVE AND MARINE CORPS RESERVE. THIS LEGISLATION PROVIDES THAT IN A 4- YEAR PERIOD THE NAVAL AVIATION CADET WILL RECEIVE $1,524 MORE FOR HIS SERVICES THAN THE ARMY FLYING CADET MAINTAINED ON ANY SUCH PERIOD OF 2 YEARS AND THEN MAINTAINED ON DUTY AS A SECOND LIEUTENANT FOR A PERIOD OF 2 YEARS. SINCE BOTH ARE CALLED UPON TO RENDER THE SAME TYPE OF SERVICE TO THE UNITED STATES GOVERNMENT, IT IS MANIFEST THAT THEIR PAY SHOULD BE EQUALIZED. THE WAR DEPARTMENT OFFERS A SOLUTION OF THIS PROBLEM BY PROVIDING THAT AT THE END OF NOT LESS THAN 3 YEARS' SERVICE THE RESERVE OFFICER WILL BE PAID A LUMP SUM OF $500. THIS AMOUNT ADDED TO HIS PAY WILL EQUALIZE THE COST TO THE GOVERNMENT OF BOTH THE NAVY AND ARMY PILOT. IN ADDITION, THE PAYMENT OF THIS SUM AT THE TERMINATION OF HIS ACTIVE DUTY WILL EASE THE SHOCK OF TRANSFERENCE TO CIVIL LIFE AS RECOMMENDED BY THE HOWELL COMMISSION. * * *

THUS, IN ITS INCEPTION, THE PROVISION FOR PAYMENT OF AN ADDITIONAL LUMP SUM TO AIR CORPS RESERVE OFFICERS UPON RELEASE FROM EXTENDED PERIODS OF ACTIVE SERVICE WITH THOSE AUTHORIZED FOR AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE, WHO, BY SECTION 6 OF THE THEN RECENTLY ENACTED ACT OF APRIL 15, 1935, 49 STAT. 157, WERE ENTITLED TO AN ADDITIONAL LUMP-SUM PAYMENT OF $1,500 UPON RELEASE FROM ACTIVE DUTY OF FOUR YEARS OR MORE. BY SO EQUALIZING THE CONDITIONS BETWEEN THE SERVICES BY PROVIDING FOR AN ADDITIONAL LUMP-SUM PAYMENT UPON RELEASE FROM ACTIVE DUTY, TO EASE THE SHOCK OF TRANSFERENCE BACK TO CIVIL LIFE, AN EXTRA INDUCEMENT WAS OFFERED AIR CORPS RESERVE OFFICERS IN PEACETIME TO GO IN FOR LONG PERIODS OF ACTIVE DUTY, FOREGOING FROM THREE TO FIVE YEARS THEIR NORMAL CIVILIAN PURSUITS AND CAREERS, THE UNDERLYING PURPOSE BEING TO BUILD UP AND MAINTAIN AN ECONOMICAL BUT HIGHLY TRAINED ADJUNCT TO THE REGULAR AIR CORPS.

THE ACT OF APRIL 3, 1939, 53 STAT. 555, WAS ENTITLED " AN ACT TO PROVIDE MORE EFFECTIVELY FOR THE NATIONAL DEFENSE BY CARRYING OUT THE RECOMMENDATIONS OF THE PRESIDENT IN HIS MESSAGE OF JANUARY 12, 1939, TO THE CONGRESS.' SECTIONS 1 TO 4, 53 STAT. 555, 556, AUTHORIZED A SUBSTANTIAL EXPANSION IN AIR CORPS EQUIPMENT AND PROVIDED INCREASED FACILITIES AND ENCOURAGEMENT FOR INSTRUCTION AND TRAINING IN AVIATION. SECTION 5, 53 STAT. 557, AUTHORIZED THE PRESIDENT, WITH THEIR CONSENT, TO ORDER ANNUALLY FOR ACTIVE DUTY WITH THE REGULAR ARMY, FOR PERIODS OF NOT MORE THAN ONE YEAR, SUCH NUMBER OF RESERVE OFFICERS, IN THE GRADE OF SECOND LIEUTENANT, AS MIGHT BE NECESSARY TO MAINTAIN ON ACTIVE DUTY AT ALL TIMES NOT MORE THAN ONE THOUSAND RESERVE OFFICERS OF THE PROMOTION-LIST BRANCHES, OTHER THAN THE AIR CORPS, AND NOT MORE THAN THREE THOUSAND RESERVE OFFICERS OF THE AIR CORPS, WITH A PROVISO THAT UNTIL JULY 1, 1949, THE TOUR OF ACTIVE DUTY OF AIR CORPS RESERVE MIGHT BE EXTENDED NOT TO EXCEED A TOTAL OF SEVEN YEARS' ACTIVE SERVICE IN ALL. SECTION 6 AUTHORIZED THE SECRETARY OF WAR TO SELECT ANNUALLY, TO BE COMMISSIONED IN THE REGULAR ARMY IN APPROXIMATELY EQUAL ANNUAL INCREMENTS, SUCH PROPORTION OF THE TOTAL NUMBER OF OFFICERS AS WOULD BE REQUIRED TO BRING THE COMMISSIONED PERSONNEL OF THE REGULAR ARMY TO PEACETIME STRENGTH, AS THEREIN AFTER PROVIDED, ON JUNE 30, 1949. SECTION 7 AUTHORIZED THE APPOINTMENT OF SUCH OFFICERS IN THE REGULAR ARMY, INTER ALIA,"FROM MEMBERS OF THE OFFICERS RESERVE CORPS AND FLYING CADETS, WHO HAVE PERFORMED ACTIVE DUTY UNDER THE PROVISIONS OF THIS ACT," AND FURTHER PROVIDED FOR THE IMMEDIATE COMMISSIONING OF "NOT TO EXCEED THREE HUNDRED SECOND LIEUTENANTS IN THE AIR CORPS OF THE REGULAR ARMY, FROM AMONG RESERVE OFFICERS AND FLYING CADETS WHO HAVE QUALIFIED FOR SUCH APPOINTMENT UNDER EXISTING LAWS.' SECTION 10 OF THE ACT, 53 STAT. 559, PROVIDED THAT NO AIR CORPS RESERVE OFFICER SHOULD BE CALLED TO ACTIVE DUTY THEREAFTER UNDER THE PROVISIONS OF SECTION 1 OF THE ACT OF JUNE 16, 1936, SUPRA, AND THAT THOSE THEN ON ACTIVE DUTY UNDER THE PROVISIONS OF THAT ACT "SHALL BE DEEMED TO BE ON ACTIVE DUTY UNDER THE PROVISIONS OF THIS ACT.'

HAVING MADE SUCH SUBSTITUTE PROVISIONS FOR THE EXTENSIVE PEACETIME TRAINING OF AIR CORPS RESERVE OFFICERS UNDER CONDITIONS CONTEMPLATING THE APPOINTMENT OF A SUBSTANTIAL NUMBER OF SUCH OFFICERS IN THE REGULAR ARMY, SECTION 11 OF THE SAID ACT OF APRIL 3, 1939, AMENDED THE LUMP-SUM PAYMENT PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16, 1936, TO READ AS FOLLOWS:

ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY SHALL BE PAID UPON RELEASE FROM ACTIVE DUTY FOLLOWING THE TERMINATION OF ANY PERIOD OF ACTIVE DUTY OF THREE YEARS OR MORE IN DURATION A LUMP SUM OF $500 WHICH SUM SHALL BE IN ADDITION TO ANY PAY AND ALLOWANCES WHICH HE MAY OTHERWISE BE ENTITLED TO RECEIVE.

RESPECTING SUCH AMENDMENT, THE FOLLOWING STATEMENT WAS MADE IN THE REPORT OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS ON THE BILL AND, LIKEWISE, IN THE REPORT OF THE SENATE COMMITTEE ON MILITARY AFFAIRS ( H.R. REPORT NO. 32, FEBRUARY 8, 1939, AND SENATE REPORT NO. 80, FEBRUARY 22, 1939, ON H.R. 3791, 76TH CONGRESS):

SECTION 11: AMENDS THE PROVISION OF SECTION 2 OF THE ACT OF JUNE 16, 1936, WHICH PROVIDES THAT, UPON TERMINATION OF A PERIOD OF ACTIVE DUTY OF NOT LESS THAN 3 YEARS' DURATION, AIR CORPS RESERVE OFFICERS ON ACTIVE DUTY UNDER THE PROVISIONS OF SECTION 1 OF THAT ACT SHALL BE PAID A LUMP SUM OF $500. AS THE PROPOSED ACT CONTEMPLATES THAT IN THE FUTURE AIR CORPS RESERVE OFFICERS WILL BE CALLED TO ACTIVE DUTY PURSUANT TO THE PROVISIONS OF THE NEW ACT, IT IS NECESSARY TO AMEND SECTION 2 OF THE ACT OF JUNE 16, 1936, SO AS TO MAKE IT APPLICABLE TO AIR CORPS RESERVE OFFICERS CALLED TO ACTIVE DUTY UNDER THE NEW AUTHORITY. THE PURPOSE OF THE BONUS IS TO PROVIDE FOR THE IMMEDIATE NEEDS OF THE RESERVE OFFICER UPON HIS RETURN TO CIVIL LIFE. AS THAT NEED DOES NOT EXIST IN THE CASE OF OFFICERS PERMANENTLY APPOINTED IN THE REGULAR ARMY UPON EXPIRATION OF OR DURING SUCH TOUR OF ACTIVE DUTY, THE AMENDMENT LIMITS THE PAYMENT OF THE BONUS TO RESERVE OFFICERS WHO ARE NOT SELECTED FOR SUCH APPOINTMENT.

THUS THE PROVISIONS OF THE 1936 ACT WITH RESPECT TO LUMP-SUM PAYMENTS TO AIR CORPS RESERVE OFFICERS WERE CONTINUED IN THE 1939 ACT, EXCEPT THAT SUCH OFFICERS SELECTED FOR COMMISSION IN THE REGULAR ARMY WERE EXCLUDED FOR THE REASON, STATED IN THE LEGISLATIVE REPORTS, THAT THE PURPOSE OF SUCH PAYMENTS WAS TO PROVIDE FOR THE IMMEDIATE NEEDS OF AIR CORPS RESERVE OFFICERS UPON RETURN TO CIVIL LIFE, WHICH WOULD NOT APPLY IN THE CASE OF OFFICERS PERMANENTLY APPOINTED IN THE REGULAR ARMY UPON THE EXPIRATION OF, OR DURING THE TOUR OF, ACTIVE DUTY.

AS SO AMENDED BY THE 1939 ACT, THE SAID PROVISIONS OF THE 1936 ACT FOR $500 LUMP-SUM PAYMENTS TO AIR CORPS RESERVE OFFICERS, UPON RELEASE FROM ACTIVE DUTY OF THREE YEARS OR MORE IN DURATION, CONTINUED IN EFFECT UNTIL AMENDED BY SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, SUPRA, TO INCREASE SUCH PAYMENTS TO $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE, 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.' SUCH INCREASE FOLLOWED SIMILAR PROVISIONS WHICH HAD BEEN ENACTED IN THE MEANTIME BY SECTION 6 OF THE ACT OF AUGUST 27, 1940, 54 STAT. 865, FOR OFFICERS COMMISSIONED IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION RESERVE ACT OF 1939, 53 STAT. 819, AFTER COMPLETION OF THEIR TRAINING AS AVIATION CADETS. IN A LETTER DATED FEBRUARY 5, 1941, TO THE CHAIRMAN OF THE SENATE COMMITTEE ON MILITARY AFFAIRS, SET FORTH IN THE REPORT OF THAT COMMITTEE AND, ALSO, IN THE REPORT OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS, ON THE BILL WHICH BECAME THE SAID ARMY AVIATION CADET ACT OF 1941 ( SENATE REPORT NO. 66, FEBRUARY 24, 1941, AND H.R. REPORT NO. 474, APRIL 29, 1941, ON S. 840, 77TH CONGRESS), THE SECRETARY OF WAR CITED SUCH PROVISIONS FOR INCREASED LUMP-SUM PAYMENTS TO NAVAL AND MARINE CORPS RESERVE OFFICERS IN URGING LEGISLATION TO PROVIDE SIMILAR PAYMENTS FOR AIR CORPS RESERVE OFFICERS, IN PART AS FOLLOWS:

* * * A STUDY OF ALL PERTINENT PROVISIONS OF LAW INDICATES THAT THE ALLOWANCES PROVIDED FOR NAVAL AND MARINE CORPS CADETS ARE MORE ENCOURAGING THAN THOSE NOW PROVIDED FOR FLYING CADETS IN THE ARMY. THESE DISCRIMINATORY PROVISIONS OF LAW ARE AS FOLLOWS: * * * *

THE ACT OF AUGUST 27, 1940, INCREASING THE NUMBER OF NAVAL AVIATORS IN THE LINE OF THE REGULAR NAVY AND MARINE CORPS, AND FOR OTHER PURPOSES, WHICH PROVIDES IN PART THAT OFFICERS COMMISSIONED IN THE NAVAL AND MARINE CORPS RESERVE, WHEN RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR 1 OR MORE YEARS, SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETED YEAR OF ACTIVE SERVICE OTHER THAN DUTY AS AVIATION CADETS.

THE CORPS OF FLYING CADETS IN THE ARMY CONSTITUTES THE SOURCE FROM WHICH THE COMMISSIONED PERSONNEL FOR THE REGULAR ARMY AIR CORPS AND AIR CORPS RESERVE MUST BE PROCURED, AND THE MAINTENANCE OF HIGH-TYPE PERSONNEL WITHIN THE CORPS IS DEEMED INDISPENSABLE TO THE FUTURE DESIRED DEVELOPMENT OF THE REGULAR AIR CORPS, AS WELL AS FOR THE URGENT NEED OF TRAINING ADDITIONAL RESERVES TO MEET THE PRESENT EMERGENCY.

THE REGULAR ARMY IS IN PROCESS OF A LARGE EXPANSION WITHOUT ANY CORRESPONDING INCREASE IN PERMANENT COMMISSIONED PERSONNEL, AND SOUND POLICY DEMANDS THAT SHORTAGES OF PERMANENT COMMISSIONED PERSONNEL MUST BE SHARED BY ALL ARMS AND SERVICES WHICH COMPRISE THE BALANCED MILITARY TEAM. TO MEET THIS EMERGENCY, LARGE NUMBERS OF RESERVES MUST BE ORDERED TO EXTENDED ACTIVE DUTY. LIKE THE REST OF THE ARMY, THE AIR CORPS IS EXPANDING UNDER THE EMERGENCY AT SUCH A RATE THAT THE QUESTION OF PROVIDING COMMISSIONED RESERVE PERSONNEL HAS BECOME A PRESSING MATTER, AND IT IS BELIEVED THAT THIS WILL BECOME INCREASINGLY FELT BY THE AIR CORPS UNLESS STEPS ARE TAKEN TO PROVIDE THE SAME BENEFITS FOR THE ARMY AIR CORPS RESERVE PERSONNEL ON EXTENDED ACTIVE DUTY AS ARE NOW PROVIDED FOR THE NAVY AND THE MARINE CORPS RESERVES ON EXTENDED ACTIVE DUTY. CONGRESS IN ITS WISDOM HAS CONSISTENTLY PROVIDED UNIFORMITY OF PAY AND ALLOWANCES FOR THE SERVICES. THIS IS BELIEVED SOUND, AND SUCH POLICY SHOULD BE ADHERED TO.

THE SENATE COMMITTEE REPORT STATED, IN PART:

THE LEGISLATION HEREIN PROPOSED IN THE INTEREST OF CLARITY COMBINES ALL THE PROVISIONS OF EXISTING LAW GOVERNING ARMY FLYING CADETS INTO ONE LAW AND MAKES APPLICABLE TO ARMY AVIATION CADETS AND RESERVE OFFICERS ON EXTENDED ACTIVE DUTY THOSE PROVISIONS OF LAW WHICH NOW PROVIDE ALLOWANCES FOR SIMILAR PERSONNEL OF THE NAVY AND MARINE CORPS.

THERE WAS THUS STRESSED THE PURPOSE OF MAINTAINING A UNIFORMITY OF PAY AND ALLOWANCES AUTHORIZED FOR ARMY AVIATION CADETS AND AIR CORPS RESERVE OFFICERS WITH THOSE AUTHORIZED FOR NAVAL AND MARINE CORPS RESERVE AVIATION CADETS AND FOR NAVY AND MARINE CORPS RESERVE OFFICERS COMMISSIONED PURSUANT TO THE NAVAL AVIATION RESERVE ACT OF 1939, AFTER COMPLETION OF THEIR TRAINING AS AVIATION CADETS, SO THAT THE DIFFERENT SERVICES WOULD BE ON AN EQUAL FOOTING IN OBTAINING PERSONNEL FOR TRAINING AS AVIATION CADETS TO MEET THE THEN URGENT AND EXPANDING NEED FOR TRAINED OFFICER PERSONNEL IN THE AVIATION BRANCHES AND IT SEEMS CLEAR THAT THE BASIC PURPOSE OF SUCH LIBERALIZED PROVISIONS FOR LUMP SUM PAYMENTS TO SUCH RESERVE AVIATION OFFICERS IN THE DIFFERENT SERVICES UPON RELEASE FROM ACTIVE DUTY WAS TO PROVIDE A GREATER PEACETIME INDUCEMENT FOR LIKELY PERSONS TO ENTER TRAINING AS AVIATION CADETS LEADING TO AVIATION RESERVE COMMISSIONS.

SO THE LAW STOOD WHEN THE ACT OF SEPTEMBER 22, 1941, SUPRA, WAS ENACTED TO AUTHORIZE THE TEMPORARY APPOINTMENT OF QUALIFIED PERSONS AS OFFICERS IN THE ARMY OF THE UNITED STATES, WITHOUT APPOINTING SUCH OFFICERS IN ANY PARTICULAR COMPONENT OF THE ARMY OF THE UNITED STATES, AND PROVIDING THAT PERSONS SO APPOINTED SHALL RECEIVE THE SAME PAY AND ALLOWANCES AND BE ENTITLED TO THE SAME RIGHTS, PRIVILEGES AND BENEFITS AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF SERVICE. WHILE, PRESUMABLY, IT WAS CONTEMPLATED THAT SOME OF THE TEMPORARY OFFICERS SO APPOINTED MIGHT BE ASSIGNED TO THE AIR CORPS, APPARENTLY THE PRIMARY PURPOSE WAS TO OBTAIN TEMPORARY OFFICERS FOR OTHER BRANCHES OF THE SERVICE, SPECIAL PROVISIONS HAVING BEEN MADE IN THE SAID ARMY AVIATION CADET ACT OF 1941 FOR OBTAINING NEEDED AVIATION OFFICERS THROUGH THE MEDIUM OF TRAINING AVIATION CADETS, EACH OF WHOM WAS REQUIRED TO SIGN AN AGREEMENT THAT UPON SUCCESSFUL COMPLETION OF THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION HE WOULD ACCEPT A COMMISSION AS SECOND LIEUTENANT, AIR CORPS RESERVE, AND WOULD SERVE AS SUCH FOR A CONTINUOUS PERIOD OF THREE YEARS ON ACTIVE DUTY, UNLESS SOONER RELEASED. UNDER SUCH CONDITIONS, IT IS NOT REASONABLE TO ASCRIBE TO THE ACT OF SEPTEMBER 22, 1940, OR TO INFER THEREFROM, ANY LEGISLATIVE INTENT TO AUTHORIZE ADDITIONAL LUMP-SUM PAYMENTS TO THOSE TEMPORARY OFFICERS APPOINTED THEREUNDER WHO MIGHT BE ASSIGNED, AS SUCH, TO THE AIR CORPS--- ALTHOUGH TEMPORARY OFFICERS ASSIGNED TO ANY OTHER BRANCH OF THE ARMY WOULD NOT BE SO ENTITLED--- ON THE SLENDER BASIS OF APPLYING BY ASSIMILATION THE SPECIAL PROVISIONS ENACTED IN THAT RESPECT FOR AIR CORPS RESERVE OFFICERS, TO PUT THEM ON A PARITY WITH NAVAL AND MARINE CORPS RESERVE AVIATION OFFICERS, GRADUATED AS AVIATION CADETS, AS AN ADDED INDUCEMENT FOR AVIATION CADET TRAINING COUPLED WITH OBLIGATIONS TO SERVE NOT LESS THAN THREE YEARS AS RESERVE OFFICERS ON ACTIVE DUTY. THE PROCEDURE OF APPOINTING ARMY AVIATION CADETS, SUCCESSFULLY COMPLETING THEIR COURSE OF TRAINING, TO BE OFFICERS IN THE AIR CORPS RESERVE, AS DIRECTED BY THE PROVISIONS OF SECTION 3 OF THE ARMY AVIATION CADET ACT OF 1941, SUPRA, CONTINUED UNTIL SUCH PROVISIONS WERE SUSPENDED FOR THE DURATION OF THE WAR AND SIX MONTHS THEREAFTER BY SECTION 2 OF THE FLIGHT OFFICER ACT OF JULY 8, 1942, 56 STAT. 649, AS FOLLOWS:

SEC. 2. THE PROVISIONS OF SECTION 3 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, ARE HEREBY SUSPENDED FOR THE DURATION OF THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER EXCEPT AS TO ANY PERSON WHO HAS ENLISTED OR WHO HAS BEEN APPOINTED AS AN AVIATION CADET PRIOR TO THE DATE OF ENACTMENT OF THIS ACT. DURING SUCH PERIOD AND UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, MALE CITIZENS OF THE UNITED STATES MAY ENLIST AS AVIATION CADETS AND MEN HAVING AN ENLISTED STATUS IN THE ARMY OF THE UNITED STATES MAY BE APPOINTED BY THE SECRETARY OF WAR AS AVIATION CADETS. ALL ENLISTMENTS SHALL BE FOR THE PERIOD OF THE DURATION OF THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER UNLESS SOONER TERMINATED BY THE PRESIDENT. UPON SUCCESSFUL COMPLETION OF THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION AND UNDER SUCH REGULATIONS WITH RESPECT TO SELECTION AS THE SECRETARY OF WAR MAY PRESCRIBE, EACH SUCH CADET SHALL BE COMMISSIONED AS A SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941 ( PUBLIC LAW 252, SEVENTY- SEVENTH CONGRESS), OR APPOINTED AS A FLIGHT OFFICER IN THE ARMY OF THE UNITED STATES. UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, THE STATUS, PAY, AND ALLOWANCE OF ANY AVIATION CADET WHO FAILS TO COMPLETE SUCCESSFULLY THE PRESCRIBED COURSE OF TRAINING AND INSTRUCTION MAY BE TERMINATED AND FOR THE REMAINDER OF THE WAR AND SIX MONTHS THEREAFTER HE MAY BE REQUIRED TO SERVE IN ANY ENLISTED GRADE WITH THE PAY AND ALLOWANCES OF SUCH GRADE.

UNDER SUCH PROVISIONS, PERSONS THEREAFTER ENLISTED OR APPOINTED AS ARMY AVIATION CADETS DURING THE WAR WERE NOT TO BE COMMISSIONED IN THE AIR CORPS RESERVE AS PROVIDED IN SECTION 3 OF THE ARMY AVIATION CADET ACT OF 1941, BUT, UPON SUCCESSFUL COMPLETION OF THE COURSE, WERE EITHER TO BE COMMISSIONED TEMPORARY SECOND LIEUTENANTS IN THE ARMY OF THE UNITED STATES PURSUANT TO THE ACT OF SEPTEMBER 22, 1941, SUPRA, OR APPOINTED FLIGHT OFFICERS IN THE ARMY OF THE UNITED STATES, A NEW GRADE CREATED BY SECTION 1 OF THE ACT. SUCH LEGISLATION WAS ENACTED ON THE RECOMMENDATION OF THE SECRETARY OF WAR IN LETTERS ADDRESSED TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE CHAIRMAN OF THE SENATE COMMITTEE ON MILITARY AFFAIRS UNDER DATE OF MAY 19, 1942, TRANSMITTING DRAFTS OF A BILL COVERING THAT AND OTHER RELATED MATTERS. AT THAT TIME THE WAR HAD BEEN IN PROGRESS FOR SEVERAL MONTHS AND APPARENTLY THERE WAS NO FURTHER NEED FOR SPECIAL INDUCEMENTS IN OBTAINING PERSONNEL FOR TRAINING AS AVIATION CADETS OR FOR THE FURTHER GENERAL EXPANSION OF THE PERMANENT AIR CORPS RESERVE WHICH WOULD RESULT FROM COMMISSIONING THEREIN THE MANY THOUSANDS OF TEMPORARY AVIATION OFFICERS WHICH WOULD BE NEEDED. THE SAID LETTERS OF THE SECRETARY OF WAR RECOMMENDING LEGISLATION, INTER ALIA, TO SUSPEND THE PROVISIONS OF SECTION 3 OF THE ARMY AVIATION CADET ACT AND TO MAKE SUBSTITUTE PROVISIONS, WERE SET FORTH IN THE REPORTS OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS AND THE SENATE COMMITTEE ON MILITARY AFFAIRS, RESPECTIVELY, IN FAVORABLY REPORTING BILLS INTRODUCED TO CARRY OUT SUCH RECOMMENDATIONS. SEE SENATE REPORT NO. 1428, JUNE 1, 1942, ON S. 2553, AND H.R. REPORT NO. 2314, JULY 1, 1942, ON H.R. 7129, THE SENATE BILL SUBSEQUENTLY BEING ENACTED AS THE SAID ACT OF JULY 8, 1942. THE LETTERS QUOTED IN THE COMMITTEE REPORTS CONTAINED THE FOLLOWING EXPLANATORY STATEMENTS BY THE SECRETARY OF WAR RESPECTING THE MATTERS INVOLVED:

THERE IS ATTACHED A DRAFT OF A BILL TO CREATE THE TITLE OF FLIGHT OFFICER IN THE ARMY AIR FORCES, TO AMEND THE ARMY AVIATION CADET ACT, AND FOR OTHER PURPOSES, WHICH THE WAR DEPARTMENT RECOMMENDS BE ENACTED INTO LAW.

THE PROPOSED LEGISLATION IS DESIGNED TO PROVIDE A UNIFORM SYSTEM OF AVIATION TRAINING AND INSTRUCTION IN THE ARMY AIR FORCES. UNDER EXISTING LAW, FLIGHT TRAINING MAY BE UNDERTAKEN BY AVIATION CADETS, BY AVIATION STUDENTS, AND BY OFFICERS WHO MEET THE PRESCRIBED PHYSICAL AND AGE REQUIREMENTS. AVIATION CADETS, BY LAW, MAY BE RECRUITED FROM MALE CIVILIANS AND MAY BE APPOINTED FROM ENLISTED MEN OF THE REGULAR ARMY. SUCCESSFUL, THEY MUST BE COMMISSIONED SECOND LIEUTENANTS IN THE AIR CORPS RESERVE. AVIATION STUDENTS ARE SELECTED FOR TRAINING FROM ENLISTED MEN OF THE REGULAR ARMY AND THE ARMY OF THE UNITED STATES AND, IF SUCCESSFUL, ARE GRADUATED AS STAFF SERGEANT PILOTS.

THE PRESIDENT'S PROGRAM CALLING FOR THE TRAINING OF THOUSANDS OF PILOTS HAS NECESSITATED THAT FORMER MINIMUM AGE AND EDUCATIONAL QUALIFICATIONS FOR PILOT CANDIDATES BE REDUCED. IT IS PLANNED TO PROVIDE RANK AND GRADE FOR GRADUATE PILOTS SUITABLE TO THEIR ABILITY AND CAPACITY FOR LEADERSHIP. IT IS PROPOSED, THEREFORE, TO AMEND THE ARMY AVIATION CADET ACT OF JUNE 3, 1921 ( PUBLIC LAW 97, 77TH CONG.) TO PERMIT SUCCESSFUL CADETS TO BE COMMISSIONED SECOND LIEUTENANTS IN THE ARMY OF THE UNITED STATES OR TO BE APPOINTED AS FLIGHT OFFICERS THEREIN. TRAINING OF AVIATION STUDENTS FOR GRADUATION AS STAFF SERGEANT PILOTS, AS PERMITTED BY THE ACT OF JUNE 3, 1941 ( PUBLIC LAW 99, 77TH CONG.), WOULD BE DISCONTINUED FOR THE DURATION OF THE WAR AND ALL CANDIDATES WOULD BE TRAINED IN THE GRADE OF AVIATION CADETS.

THE TITLE OF FLIGHT OFFICER WOULD BE CREATED FOR THE ARMY AIR FORCES ALONE. FLIGHT OFFICERS WOULD HAVE THE RANK, PAY, AND ALLOWANCES PROVIDED FOR WARRANT OFFICERS, JUNIOR GRADE, AND WOULD TAKE RANK AS OF THE DATE OF THEIR APPOINTMENT. THEY WOULD BE ENTITLED TO THE BENEFITS OF ALL EXISTING LAWS OR REGULATIONS COVERING RETIREMENT, PENSIONS, AND DISABILITY AS ARE APPLICABLE TO MEMBERS OF THE ARMY OF THE UNITED STATES.

THE DECISION IN EACH CASE AS TO WHETHER A GIVEN AVIATION CADET WOULD BE COMMISSIONED AS A SECOND LIEUTENANT OR APPOINTED AS A FLIGHT OFFICER WOULD BE BASED UPON EVALUATION OF HIS CAPACITY FOR SERVICE AS A COMMISSIONED OFFICER AS DETERMINED BY SCREENING TESTS AND BY HIS RECORD DURING TRAINING.

THE BILL SUSPENDS FOR THE DURATION OF THE WAR AND FOR 6 MONTHS THEREAFTER THE PROVISIONS OF SECTION 3 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941 ( PUBLIC LAW 97, 77TH CONG.), EXCEPT AS TO ANY PERSONS WHO HAVE ENLISTED OR HAVE BEEN APPOINTED AS AVIATION CADETS PRIOR TO THE DATE OF ENACTMENT OF THE BILL. THOSE PERSONS WOULD BE COMMISSIONED SECOND LIEUTENANTS IN THE AIR CORPS RESERVE. * * * * * * * *

IT SHOULD BE NOTED THAT AVIATION CADETS ENLISTED OR APPOINTED SUBSEQUENT TO THE DATE OF PASSAGE OF THE BILL AND WHO ARE COMMISSIONED AS SECOND LIEUTENANTS IN THE ARMY OF THE UNITED STATES WILL NOT BE ENTITLED TO THE PAYMENT OF THE BONUS PROVIDED BY SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941 ( PUBLIC LAW 97, 77TH CONG.) INASMUCH AS THAT ACT APPLIES ONLY TO AIR CORPS RESERVE OFFICERS. (ITALICS SUPPLIED.)

WHILE SUCH ADMINISTRATIVE STATEMENT, SET FORTH IN THE COMMITTEE REPORTS ON THE BILL, THAT AVIATION CADETS COMMISSIONED AS SECOND LIEUTENANTS IN THE ARMY OF THE UNITED STATES WOULD NOT BE ENTITLED TO THE BONUS (LUMP-SUM PAYMENT) PROVIDED BY SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941,"INASMUCH AS THAT ACT APPLIES ONLY TO AIR CORPS RESERVE OFFICERS," MAY NOT BE REGARDED AS NECESSARILY CONCLUSIVE OF THE MATTER, SUCH STATEMENT WAS PUBLISHED TO BOTH HOUSES OF THE CONGRESS AS SHOWING, AT LEAST, THE ADMINISTRATIVE UNDERSTANDING OF THE PROVISIONS AND IN THE ABSENCE OF ANY EXCEPTION THERETO BEING REGISTERED BY AMENDMENT OR CLARIFICATION OF THE BILL, IT REASONABLY MAY BE CONCLUDED THAT THE CONGRESS DID NOT DISAGREE WITH SUCH VIEWS BUT INTENDED THAT THE PROVISIONS BE SO UNDERSTOOD AND APPLIED, ESPECIALLY AS SUCH ADMINISTRATIVE INTERPRETATION THAT THE SPECIAL PROVISIONS FOR LUMP-SUM PAYMENTS TO AIR CORPS RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY WOULD NOT EXTEND TO OFFICERS TEMPORARILY APPOINTED IN THE ARMY OF THE UNITED STATES, UNDER THE ACT OF SEPTEMBER 22, 1941, OTHERWISE APPEARS FAIR AND REASONABLE. SHOULD BE NOTED, ALSO, THAT SHORTLY THEREAFTER, BY SECTION 12 OF THE ACT OF AUGUST 4, 1942, 56 STAT. 738, THE PRESIDENT WAS AUTHORIZED TO SUSPEND, DURING THE WAR, PROVISIONS FOR SUCH LUMP-SUM PAYMENTS TO NAVAL AND MARINE CORPS RESERVE OFFICERS "WHO WERE FORMERLY ENLISTED IN THE GRADE OF AVIATION CADET OR TRANSFERRED TO THAT ENLISTED GRADE MORE THAN THIRTY DAYS AFTER THE DATE OF APPROVAL OF THE ACT" AND THAT THE PRESIDENT, BY EXECUTIVE ORDER 9268, NOVEMBER 9, 1942, SUSPENDED SUCH PROVISIONS, ACCORDINGLY, AS TO ALL OFFICERS WHO WERE SO ENLISTED OR TRANSFERRED SUBSEQUENT TO SEPTEMBER 3, 1942. TO HOLD THAT THE CONGRESS LEGISLATED ON THE BASIS THAT OFFICERS OF THE ARMY OF THE UNITED STATES APPOINTED UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941, PURSUANT TO SECTION 2 OF THE ACT OF JULY 8, 1942, WOULD BE ENTITLED TO THE ADDITIONAL LUMP-SUM PAYMENTS AUTHORIZED FOR AIR CORPS RESERVE OFFICERS, WHILE CONCURRENTLY AUTHORIZING THE DISCONTINUANCE OF SUCH LUMP-SUM PAYMENTS FOR SIMILAR NAVY AND MARINE CORPS PERSONNEL, WOULD BE TANTAMOUNT TO HOLDING THAT THE CONGRESS INTENDED TO CREATE ANEW, BUT IN REVERSE, THE DISCREPANCY BETWEEN THE ARMY AND THE NAVY WHICH PRIOR LEGISLATION WAS INTENDED TO REMOVE. THERE APPEARS NO BASIS FOR ANY SUCH VIEW.

IT IS NOTED, ALSO, THAT IN SECTION 1 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, 58 STAT. 8, PUBLIC LAW 225, IT WAS EXPRESSLY PROVIDED THAT NO MUSTERING-OUT PAYMENT SHALL BE MADE TO "ANY AIR CORPS RESERVE OFFICER WHO IS ENTITLED TO RECEIVE A LUMP-SUM PAYMENT UNDER SECTION 2, AS AMENDED (55 STAT. 240), OF THE ACT OF JUNE 16, 1936.' WHILE " AIR CORPS RESERVE" OFFICERS ARE THUS EXPRESSLY EXCLUDED, NO MENTION IS MADE OF AIR CORPS TEMPORARY OFFICERS APPOINTED IN THE ARMY OF THE UNITED STATES UNDER THE ACT OF SEPTEMBER 22, 1941, AND, PRESUMABLY, SUCH OMISSION WAS ON THE BASIS THAT SUCH TEMPORARY OFFICERS WERE CONSIDERED NOT TO BE ENTITLED TO SUCH LUMP-SUM PAYMENTS, FOR IT CANNOT BE ASSUMED THAT THE CONGRESS INTENDED SUCH AIR CORPS TEMPORARY OFFICERS TO RECEIVE BOTH THE LUMP-SUM PAYMENTS AND THE EXTRA MUSTERING-OUT PAYMENTS, WHILE PROHIBITING MUSTERING-OUT PAYMENTS TO AIR CORPS RESERVE OFFICERS ENTITLED TO THE LUMP- SUM PAYMENTS.

IT MAY BE POINTED OUT, FINALLY, THAT SUCH LUMP-SUM PAYMENTS WERE NOT AUTHORIZED AS ADDITIONAL COMPENSATION FOR EXTRA RISK OF AVIATION SERVICE-- - THAT HAVING BEEN COVERED BY PERMANENT PROVISIONS OF LAW FOR A 50 PERCENT INCREASE OF PAY FOR OFFICERS ASSIGNED TO FLYING DUTY. 37 U.S.C. 29. INSTEAD, THEY WERE AUTHORIZED PRIMARILY TO STIMULATE PEACETIME COMMITMENTS FOR AVIATION TRAINING AND EXTENDED ACTIVE SERVICE BY AVIATION RESERVE OFFICERS.

IN THE LIGHT OF SUCH LEGISLATIVE BACKGROUND, THE CONCLUSION APPEARS REQUIRED THAT THE PROVISION IN THE ACT OF SEPTEMBER 22, 1941, AUTHORIZING THE SAME PAY AND ALLOWANCES FOR OFFICERS TEMPORARILY APPOINTED UNDER THAT ACT AS PROVIDED FOR MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF SERVICE, DID NOT CONTEMPLATE OR INTEND THAT SUCH TEMPORARY OFFICERS WHO MIGHT BE ASSIGNED TO THE AIR CORPS SHOULD THEREBY BECOME ENTITLED TO THE LUMP SUM PAYMENTS SPECIALLY AUTHORIZED FOR AIR CORPS RESERVE OFFICERS, UNDER CERTAIN CONDITIONS, UPON RELIEF FROM ACTIVE DUTY. ACCORDINGLY, THE QUESTION SUBMITTED IS ANSWERED IN THE NEGATIVE.