B-58195, OCTOBER 10, 1946, 26 COMP. GEN. 245

B-58195: Oct 10, 1946

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WITHOUT THEREBY VACATING THEIR TEMPORARY APPOINTMENTS UNDER WHICH THEY WILL CONTINUE TO SERVE ON ACTIVE DUTY UNTIL TERMINATION THEREOF BY OPERATION OF LAW. SO LONG AS SUCH OFFICERS ARE NOT CALLED TO ACTIVE DUTY UNDER THEIR RESERVE CORPS APPOINTMENTS. WOULD HAVE NO VALID CLAIM FOR THE PAY. SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY * * *.'. OFFICERS WHO WERE APPOINTED UNDER THE PROVISIONS OF THE ACT OF 22 SEPTEMBER 1941. ARE OFFERED APPOINTMENTS IN THE OFFICERS' RESERVE CORPS. ONLY AT THE TIME THEY ARE BEING PROCESSED FOR RELIEF FROM ACTIVE DUTY. THERE IS NOW UNDER CONSIDERATION A PLAN TO PERMIT APPOINTMENT IN THE OFFICERS' RESERVE CORPS OF OFFICERS OF THE ARMY OF THE UNITED STATES (OTHER THAN REGULAR ARMY OFFICERS) WHO ARE STILL ON ACTIVE DUTY.

B-58195, OCTOBER 10, 1946, 26 COMP. GEN. 245

TEMPORARY OFFICERS OF ARMY OF U.S. ACCEPTING APPOINTMENTS IN OFFICERS' RESERVE CORPS OFFICERS SERVING ON ACTIVE DUTY IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, UNDER TEMPORARY WARTIME APPOINTMENTS MADE PURSUANT TO THE ACT OF SEPTEMBER 22, 1941, AS AMENDED, MAY ACCEPT APPOINTMENTS IN HIGHER GRADES IN THE OFFICERS' RESERVE CORPS UNDER SECTION 37 OF THE NATIONAL DEFENSE ACT, AS AMENDED, WITHOUT THEREBY VACATING THEIR TEMPORARY APPOINTMENTS UNDER WHICH THEY WILL CONTINUE TO SERVE ON ACTIVE DUTY UNTIL TERMINATION THEREOF BY OPERATION OF LAW, SO LONG AS SUCH OFFICERS ARE NOT CALLED TO ACTIVE DUTY UNDER THEIR RESERVE CORPS APPOINTMENTS. OFFICERS SERVING ON ACTIVE DUTY IN THE ARMY OF THE UNITED STATES UNDER TEMPORARY WARTIME APPOINTMENTS MADE PURSUANT TO THE ACT OF SEPTEMBER 22, 1941, AS AMENDED, WHO RECEIVE APPOINTMENTS IN HIGHER GRADES IN THE OFFICERS' RESERVE CORPS UNDER SECTION 37 OF THE NATIONAL DEFENSE ACT, AS AMENDED, WITHOUT BEING CALLED TO ACTIVE DUTY AS RESERVE OFFICERS, WOULD HAVE NO VALID CLAIM FOR THE PAY, ALLOWANCES, ETC., OF THEIR HIGHER GRADE IN THE OFFICERS' RESERVE CORPS, WHILE CONTINUING TO SERVE UNDER THEIR TEMPORARY APPOINTMENTS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, OCTOBER 10, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 24, 1946, AS FOLLOWS:

THE ACT OF 22 SEPTEMBER 1941 (55 STAT. 728), AS AMENDED BY THE ACT OF 7 JULY 1943 (57 STAT. 80; 10, U.S.C., SUP. IV, 484) AUTHORIZES THE TEMPORARY APPOINTMENT OF OFFICERS IN THE ARMY OF THE UNITED STATES, AND PROVIDES THAT OFFICERS APPOINTED UNDER THE PROVISIONS THEREOF "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.'

SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942 (56 STAT. 367; 37 U.S.C., SUP. IV, 114) PROVIDES FOR PAY OF RESERVE OFFICERS AS FOLLOWS:

"OFFICERS * * * OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY * * *.'

OFFICERS WHO WERE APPOINTED UNDER THE PROVISIONS OF THE ACT OF 22 SEPTEMBER 1941, SUPRA, AND CALLED TO ACTIVE DUTY, OTHER THAN REGULAR ARMY OFFICERS, ARE OFFERED APPOINTMENTS IN THE OFFICERS' RESERVE CORPS, UNDER THE PROVISIONS OF CIRCULAR 61, WAR DEPARTMENT, 1946, ONLY AT THE TIME THEY ARE BEING PROCESSED FOR RELIEF FROM ACTIVE DUTY.

THERE IS NOW UNDER CONSIDERATION A PLAN TO PERMIT APPOINTMENT IN THE OFFICERS' RESERVE CORPS OF OFFICERS OF THE ARMY OF THE UNITED STATES (OTHER THAN REGULAR ARMY OFFICERS) WHO ARE STILL ON ACTIVE DUTY, AND WHO IN SOME CASES MAY BE CONTINUED ON ACTIVE DUTY FOR A PERIOD OF TWO OR THREE YEARS. IT IS PROBABLE THAT SOME OFFICERS MAY APPLY FOR, OR BE OFFERED, AN APPOINTMENT IN THE OFFICERS' RESERVE CORPS IN A GRADE HIGHER THAN THAT IN WHICH THEY ARE CURRENTLY SERVING. IT IS THE DESIRE OF THE WAR DEPARTMENT THAT THE RESERVE COMMISSIONS REMAIN INACTIVE AND THAT SUCH OFFICERS CONTINUE ON ACTIVE DUTY AS ARMY OF THE UNITED STATES OFFICERS.

YOUR DECISION IS REQUESTED AS TO WHETHER AN OFFICER WHO IS SERVING UNDER A TEMPORARY APPOINTMENT IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, MAY ACCEPT AN APPOINTMENT IN A HIGHER GRADE IN THE OFFICER'S RESERVE CORPS WITHOUT THEREBY VACATING HIS TEMPORARY APPOINTMENT; ALSO, WHETHER AN OFFICER HOLDING AN APPOINTMENT IN THE OFFICERS' RESERVE CORPS MAY ACCEPT AN APPOINTMENT IN A LOWER GRADE IN THE ARMY OF THE UNITED STATES AND SERVE ON ACTIVE DUTY THEREUNDER WITHOUT VACATING HIS APPOINTMENT IN THE OFFICERS' RESERVE CORPS.

IT IF IS DETERMINED THAT ONE PERSON MAY SIMULTANEOUSLY HOLD TWO OFFICES IN THE SAME MILITARY ESTABLISHMENT UNDER THE CIRCUMSTANCES OUTLINED ABOVE, YOUR DECISION IS FURTHER REQUESTED AS TO WHETHER OR NOT AN ARMY OF THE UNITED STATES OFFICER ON ACTIVE DUTY, WHO ALSO HOLDS A COMMISSION IN A HIGHER GRADE IN THE OFFICERS' RESERVE CORPS, WILL HAVE A LEGAL CLAIM AGAINST THE GOVERNMENT FOR THE DIFFERENCE IN PAY BETWEEN THAT RECEIVED BY HIM IN THE LOWER GRADE AND THAT AUTHORIZED FOR THE HIGHER GRADE.

SECTION 3 OF THE ACT OF JUNE 15, 1933, 48 STAT. 154, AS AMENDED, 48 STAT. 939, AMENDING SECTION 37 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 189, AS AMENDED, PROVIDES AS FOLLOWS:

SEC. 3. THAT SECTION 37 OF SAID ACT BE, AND THE SAME IS HEREBY, AMENDED BY STRIKING OUT THE SAME AND INSERTING THE FOLLOWING IN LIEU THEREOF:

"SEC. 37. OFFICERS' RESERVE CORPS.--- FOR THE PURPOSE OF PROVIDING A RESERVE OF OFFICERS AVAILABLE FOR MILITARY SERVICE WHEN NEEDED THERE SHALL BE ORGANIZED AN OFFICERS' RESERVE CORPS CONSISTING OF GENERAL OFFICERS AND OFFICERS ASSIGNED TO SECTIONS CORRESPONDING TO THE VARIOUS BRANCHES OF THE REGULAR ARMY AND SUCH ADDITIONAL SECTIONS AS THE PRESIDENT MAY DIRECT. THE GRADES IN EACH SECTION AND THE NUMBER IN EACH GRADE SHALL BE AS THE PRESIDENT MAY PRESCRIBE. ALL PERSONS APPOINTED IN THE OFFICERS' RESERVE CORPS ARE RESERVE OFFICERS AND SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES. 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. APPOINTMENT IN EVERY CASE IN THE OFFICERS' RESERVE CORPS SHALL BE FOR A PERIOD OF FIVE YEARS, BUT AN APPOINTMENT IN FORCE AT THE OUTBREAK OF WAR SHALL CONTINUE IN FORCE UNTIL SIX MONTHS AFTER ITS TERMINATION: PROVIDED, THAT AN OFFICER OF THE OFFICERS' RESERVE CORPS SHALL BE ENTITLED TO BE RELIEVED FROM ACTIVE FEDERAL SERVICE WITHIN SIX MONTHS AFTER ITS TERMINATION IF HE MAKES APPLICATION THEREFOR. ANY OFFICER OF THE OFFICERS' RESERVE CORPS MAY BE DISCHARGED AT ANY TIME IN THE DISCRETION OF THE PRESIDENT. IN TIME OF PEACE AN OFFICER OF THE OFFICERS' RESERVE CORPS MUST AT THE TIME OF HIS APPOINTMENT BE A CITIZEN OF THE UNITED STATES OR OF THE PHILIPPINE ISLANDS BETWEEN THE AGES OF TWENTY-ONE AND SIXTY YEARS. ANY PERSON WHO HAS BEEN AN OFFICER OF THE ARMY OF THE UNITED STATES AT ANY TIME BETWEEN APRIL 6, 1917, AND JUNE 30, 1919, OR WHO HAS BEEN AN OFFICER OF THE REGULAR ARMY AT ANY TIME, IF QUALIFIED, MAY BE APPOINTED IN THE OFFICERS' RESERVE CORPS IN THE HIGHEST GRADE WHICH HE HELD OR ANY LOWER GRADE. NO OTHER PERSON EXCEPT AS HEREIN PROVIDED SHALL IN TIME OF PEACE BE ORIGINALLY APPOINTED AS A RESERVE OFFICER OF INFANTRY, CAVALRY, FIELD ARTILLERY, COAST ARTILLERY, OR AIR CORPS IN A GRADE ABOVE THAT OF SECOND LIEUTENANT. TIME OF PEACE APPOINTMENTS IN THE INFANTRY, CAVALRY, FIELD ARTILLERY, COAST ARTILLERY, AND AIR CORPS SHALL BE LIMITED TO FORMER OFFICERS OF THE ARMY, FORMER OFFICERS OF THE NATIONAL GUARD OF THE UNITED STATES, GRADUATES OF THE RESERVE OFFICERS' TRAINING CORPS, AS PROVIDED IN SECTION 47B HEREOF; WARRANT OFFICERS, AND ENLISTED MEN OF THE REGULAR ARMY, NATIONAL GUARD OF THE UNITED STATES, AND ENLISTED RESERVE CORPS AND PERSONS WHO SERVED IN THE ARMY AT SOME TIME BETWEEN APRIL 6, 1917, AND NOVEMBER 11, 1918. PROMOTIONS IN ALL GRADES OF OFFICERS WHO HAVE ESTABLISHED, OR MAY HEREAFTER ESTABLISH, THEIR QUALIFICATION FOR SUCH PROMOTION, AND TRANSFER, SHALL BE MADE UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR, AND SHALL BE BASED SO FAR AS PRACTICABLE UPON RECOMMENDATIONS MADE IN THE ESTABLISHED CHAIN OF COMMAND. SO FAR AS PRACTICABLE, IN TIME OF PEACE, OFFICERS OF THE OFFICERS' RESERVE CORPS SHALL BE ASSIGNED TO UNITS IN THE LOCALITY OF THEIR PLACES OF RESIDENCE. NOTHING IN THIS ACT SHALL OPERATE TO DEPRIVE AN OFFICER OF THE RESERVE APPOINTMENT HE NOW HOLDS: PROVIDED, THAT THIS SHALL NOT APPLY TO THE DISCRETIONARY-DISCHARGE POWER OF THE PRESIDENT PREVIOUSLY MENTIONED. MEMBERS OF THE OFFICERS' RESERVE CORPS WHILE NOT ON ACTIVE DUTY, SHALL NOT, BY REASON SOLELY OF THEIR APPOINTMENTS, OATHS, COMMISSIONS, OR STATUS AS SUCH, OR ANY DUTIES OR FUNCTIONS PERFORMED OR PAY OR ALLOWANCES RECEIVED AS SUCH, BE HELD OR DEEMED TO BE OFFICERS OR EMPLOYEES OF THE UNITED STATES, OR PERSONS HOLDING ANY OFFICE OF TRUST OR PROFIT OR DISCHARGING ANY OFFICIAL FUNCTION UNDER OR IN CONNECTION WITH ANY DEPARTMENT OF THE GOVERNMENT OF THE UNITED STATES.'

THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, AS AMENDED BY THE ACT OF JULY 7, 1943, 57 STAT. 380, 10 U.S.C. 484, REFERRED TO IN YOUR LETTER, 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 APPOINTMENT 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 * * *.

THE SAID ACT OF SEPTEMBER 22, 1941, AS AMENDED, AUTHORIZES, DURING THE EMERGENCY INDICATED, THE APPOINTMENT AS OFFICERS OF THE ARMY OF THE UNITED STATES, WITHOUT REGARD TO COMPONENT, OF QUALIFIED PERSONS TO AUGMENT THE COMMISSIONED PERSONNEL OF THE PERMANENT COMPONENTS OF THE ARMY OF THE UNITED STATES--- THE REGULAR ARMY, THE NATIONAL GUARD, AND THE OFFICERS' RESERVE CORPS. ALSO, THE SAID ACT HAS BEEN REGARDED AS PERMITTING THE TEMPORARY PROMOTION THROUGH TEMPORARY APPOINTMENT IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, OF COMMISSIONED PERSONNEL OF THE PERMANENT COMPONENTS OF THE ARMY WITHOUT VACATING THEIR COMMISSIONED STATUS IN THE PERMANENT COMPONENTS OF THE ARMY. 25 COMP. GEN. 18, 23.

THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, SUPRA, AUTHORIZES THE APPOINTMENT OF QUALIFIED PERSONS IN THE OFFICERS' RESERVE CORPS FOR A PERIOD OF FIVE YEARS IN SUCH NUMBERS AND GRADES AS THE PRESIDENT MAY DETERMINE, AND PROVIDES THAT ANY PERSON WHO HAS BEEN AN OFFICER OF THE ARMY OF THE UNITED STATES AT ANY TIME BETWEEN APRIL 6, 1917, AND JUNE 30, 1919, MAY BE APPOINTED IN THE OFFICERS' RESERVE CORPS IN THE HIGHEST GRADE WHICH HE HELD OR ANY LOWER GRADE, WITH THE PROVISION THAT NO PERSON, EXCEPT AS THEREIN PROVIDED, SHALL IN TIME OF PEACE ORIGINALLY BE APPOINTED AS A RESERVE OFFICER IN ANY OF THE VARIOUS SECTIONS OF THE OFFICERS' RESERVE CORPS, THEREIN ENUMERATED, IN A GRADE ABOVE THAT OF SECOND LIEUTENANT.

YOU REQUEST DECISION AS TO WHETHER OFFICERS SERVING ON ACTIVE DUTY AS OFFICERS OF THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, MAY ACCEPT APPOINTMENTS IN A HIGHER GRADE IN THE OFFICERS' RESERVE CORPS WITHOUT THEREBY VACATING THEIR TEMPORARY APPOINTMENTS IN THE ARMY OF THE UNITED STATES AND CONTINUE TO SERVE ON ACTIVE DUTY UNDER SUCH TEMPORARY APPOINTMENTS UNTIL TERMINATED BY OPERATION OF LAW SIX MONTHS AFTER TERMINATION OF THE EMERGENCY. PRESUMABLY, THE PRIMARY PURPOSE OF MAKING APPOINTMENTS IN THE OFFICERS' RESERVE CORPS IN SUCH CASES PRIOR TO THE OFFICER'S RELEASE FROM ACTIVE DUTY IS TO PLACE TEMPORARY OFFICERS WHO VOLUNTARILY CONTINUE INDEFINITELY ON ACTIVE DUTY AND OFFICERS CURRENTLY BEING RELEASED FROM ACTIVE DUTY AND APPOINTED IN THE OFFICERS RESERVE CORPS ON A PARITY WITH RESPECT TO DATE OF PRECEDENCE, RANK AND GRADE, PROMOTION, ETC., AS MEMBERS OF THE OFFICERS' RESERVE CORPS. WHILE, IN THE ABSENCE OF STATUTORY AUTHORITY THEREFOR (CF. 24 COMP. GEN. 790), ACTIVE DUTY UNDER BOTH COMMISSIONS AT THE SAME TIME WOULD BE INCOMPATIBLE, THERE WOULD APPEAR TO BE NO STATUTE OR LEGAL PRINCIPLE WHICH WOULD PRECLUDE A PERSON FROM CONCURRENTLY HOLDING A TEMPORARY APPOINTMENT IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, UNDER THE ACT OF SEPTEMBER 22, 1941, AS AMENDED, AND AN APPOINTMENT IN THE OFFICERS' RESERVE CORPS. HENCE, AN OFFICER SERVING ON ACTIVE DUTY UNDER SUCH A TEMPORARY APPOINTMENT MAY ACCEPT AN APPOINTMENT IN A HIGHER GRADE IN THE OFFICERS' RESERVE CORPS, SUBJECT TO THE PROVISIONS OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, WITHOUT THEREBY VACATING HIS TEMPORARY APPOINTMENT IN THE ARMY OF THE UNITED STATES, SO LONG AS HE IS NOT CALLED TO ACTIVE DUTY UNDER THE APPOINTMENT IN SUCH HIGHER GRADE.

WITH RESPECT TO THE QUESTION OF WHETHER OFFICERS HOLDING CONCURRENT APPOINTMENTS AS OFFICERS OF THE ARMY OF THE UNITED STATES AND MEMBERS OF THE OFFICERS' RESERVE CORPS MIGHT HAVE A LEGAL CLAIM AGAINST THE UNITED STATES FOR THE DIFFERENCE IN PAY BETWEEN THE LOWER AND HIGHER GRADE UNDER SUCH CIRCUMSTANCES, IT WILL BE NOTED THAT PERSONS TEMPORARILY APPOINTED COMMISSIONED OFFICERS IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, UNDER THE ACT OF SEPTEMBER 22, 1941, ARE ENTITLED TO THE SAME PAY AND ALLOWANCES, RIGHTS, PRIVILEGES, ETC., AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF SERVICE, WHO, IN TURN, WHEN ON ACTIVE DUTY AS RESERVE OFFICERS, ARE ENTITLED, UNDER SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, TO THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADES AND LENGTH OF SERVICE IN THE REGULAR ARMY. SECTION 36 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, SUPRA, SPECIFICALLY PROVIDES THAT A "RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY.' THUS, IN ORDER FOR A PERSON TO BE ENTITLED TO THE PAY ALLOWANCES, RIGHTS, PRIVILEGES, ETC., AS A MEMBER OF THE OFFICERS' RESERVE CORPS, IT IS NECESSARY NOT ONLY THAT HE HOLD A COMMISSION IN THE OFFICERS' RESERVE CORPS, BUT, ALSO, THAT HE BE CALLED TO AND SERVE ON ACTIVE DUTY UNDER SUCH COMMISSION AS A MEMBER OF THE OFFICERS' RESERVE CORPS. IN THE PRESENT SITUATION, IT IS STATED THAT " IT IS THE DESIRE OF THE WAR DEPARTMENT THAT THE RESERVE COMMISSIONS REMAIN INACTIVE AND THAT SUCH OFFICERS CONTINUE ON ACTIVE DUTY AS ARMY OF THE UNITED STATES OFFICERS," AND IT IS ASSUMED THAT, IN ALL SUCH CASES, THE NOTICE OF APPOINTMENT IN THE OFFICERS' RESERVE CORPS WILL CONTAIN A STATEMENT READING SUBSTANTIALLY AS FOLLOWS: "YOU WILL NOT PERFORM THE DUTIES OF AN OFFICER UNDER THIS APPOINTMENT UNTIL SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS.' UNDER SUCH CIRCUMSTANCES, AND AS THE MATTER OF CONTINUING OR PLACING SUCH OFFICERS ON ACTIVE DUTY AS TEMPORARY OR RESERVE OFFICERS UNDER THE CIRCUMSTANCES HERE INVOLVED APPEARS TO BE A MATTER WITHIN THE DISCRETION OF PROPER AUTHORITY, THIS OFFICE PERCEIVES NO LEGAL BASIS UPON WHICH SUCH AN OFFICER WHO IS CONTINUED ON ACTIVE DUTY AS A TEMPORARY OFFICER APPOINTED UNDER THE ACT OF SEPTEMBER 22, 1941, SUPRA, AND IS NOT CALLED TO ACTIVE DUTY AS A RESERVE OFFICER MIGHT HAVE A VALID CLAIM AGAINST THE GOVERNMENT FOR THE PAY AND ALLOWANCES, RIGHTS, PRIVILEGES, ETC., OF HIS HIGHER GRADE IN THE OFFICERS' RESERVE CORPS. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.