B-59147, SEPTEMBER 17, 1946, 26 COMP. GEN. 197

B-59147: Sep 17, 1946

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TO BE PAID TO "ANY ARMY AIR CORPS RESERVE OFFICER" FOR EACH COMPLETE YEAR OF SERVICE WHEN RELEASED FROM ACTIVE DUTY IS PAYABLE NOT ONLY TO FLYING OFFICERS BUT. TO NONFLYING OFFICERS WHO WERE COMMISSIONED IN THE AIR CORPS RESERVE. 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. THE WAR DEPARTMENT HAS CONSTRUED THE TERMS OF THE ABOVE-CITED ACT TO AUTHORIZE SUCH LUMP-SUM PAYMENT TO ALL INDIVIDUALS WHO SERVED ON ACTIVE DUTY AS AIR CORPS RESERVE OFFICERS FOR ONE OR MORE YEARS AND WHO WERE RELEASED FROM ACTIVE DUTY WITHOUT HAVING BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY.

B-59147, SEPTEMBER 17, 1946, 26 COMP. GEN. 197

LUMP-SUM PAYMENTS TO NONFLYING AIR CORPS RESERVE OFFICERS THE $500 LUMP SUM AUTHORIZED BY SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED, TO BE PAID TO "ANY ARMY AIR CORPS RESERVE OFFICER" FOR EACH COMPLETE YEAR OF SERVICE WHEN RELEASED FROM ACTIVE DUTY IS PAYABLE NOT ONLY TO FLYING OFFICERS BUT, ALSO, TO NONFLYING OFFICERS WHO WERE COMMISSIONED IN THE AIR CORPS RESERVE, BY TRANSFER FROM OTHER RESERVE CORPS COMPONENTS, OR OTHERWISE, WITHOUT HAVING RECEIVED FLIGHT TRAINING OR AERONAUTICAL RATINGS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, SEPTEMBER 17, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 9, 1946, AS FOLLOWS:

SECTION 2 OF THE ACT OF 16 JUNE 1936 (49 STAT. 1524), AS AMENDED, PROVIDES 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 ACTIVE 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.'

THE WAR DEPARTMENT HAS CONSTRUED THE TERMS OF THE ABOVE-CITED ACT TO AUTHORIZE SUCH LUMP-SUM PAYMENT TO ALL INDIVIDUALS WHO SERVED ON ACTIVE DUTY AS AIR CORPS RESERVE OFFICERS FOR ONE OR MORE YEARS AND WHO WERE RELEASED FROM ACTIVE DUTY WITHOUT HAVING BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY.

THE WAR DEPARTMENT HAS CONSTRUED THE TERMS OF THE ABOVE-CITED ACT TO AUTHORIZE SUCH LUMP-SUM PAYMENT TO ALL INDIVIDUALS WHO SERVED ON ACTIVE DUTY AS AIR CORPS RESERVE OFFICERS FOR ONE OR MORE YEARS AND WHO WERE RELEASED FROM ACTIVE DUTY WITHOUT HAVING BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY.

HOWEVER, THIS DEPARTMENT RECENTLY LEARNED OF ACTION TAKEN BY THE GENERAL ACCOUNTING OFFICE IN THE FORM OF A CERTAIN CERTIFICATE OF SETTLEMENT ( CLAIM NO. 1932946 DATED 15 MARCH 1946) INVOLVING THE TRANSFER IN 1943 OF AN OFFICER FROM THE COAST ARTILLERY CORPS RESERVE TO THE AIR CORPS RESERVE, WHEREIN THE CLAIM WAS DENIED ON THE GROUND THAT AS THE OFFICER WAS NOT ORIGINALLY COMMISSIONED IN THE AIR CORPS RESERVE, THAT IS, SINCE HE SERVED IN THE COAST ARTILLERY RESERVE PRIOR TO SERVICE IN THE AIR CORPS RESERVE, HE WAS PRECLUDED WITHIN THE MEANING AND INTENT OF THE ACT FROM RECEIVING THE LUMP-SUM PAYMENT. WHILE THIS SETTLEMENT OF GENERAL ACCOUNTING OFFICE WAS CONFINED TO THE PARTICULAR PROBLEM PRESENTED BY A TRANSFER FROM ANOTHER COMPONENT OF THE OFFICERS RESERVE CORPS TO THE AIR CORPS RESERVE, ITS HOLDING, COUPLED WITH LANGUAGE USED IN A DECISION OF YOUR OFFICE, DISCUSSED HEREINAFTER, RAISED A QUESTION IN THE WAR DEPARTMENT WHETHER OR NOT OTHER AND FURTHER LIMITATIONS MIGHT POSSIBLY BE READ INTO THE 1936 ACT, SUPRA, BY YOUR OFFICE TO PRECLUDE PAYMENT OF THE LUMP-SUM IN QUESTION TO PERSONS WHO OTHERWISE WOULD APPEAR TO FALL WITHIN THE LANGUAGE OF SAID ACT.

FOR THIS REASON IT WAS DEEMED ADVISABLE TO REEXAMINE THE ENTIRE MATTER OF ENTITLEMENT OF AIR CORPS RESERVE OFFICERS GENERALLY TO THE LUMP-SUM PAYMENT. YOUR DECISION OF 5 DECEMBER 1944, 24 COMP. GEN. 423, WHEREIN THERE WAS INVOLVED ONLY THE RIGHT OF OFFICERS APPOINTED UNDER THE ACT OF 22 SEPTEMBER 1941 (55 STAT. 728) AND ASSIGNED TO DUTY WITH THE AIR CORPS TO THE LUMP-SUM PAYMENT, WAS PARTICULARLY REVIEWED AND CAREFULLY STUDIED IN THE LIGHT OF THE LEGISLATIVE HISTORY OF THE 1936 ACT. THE PROVISIONS OF THE FLIGHT OFFICER ACT (56 STAT. 649) WERE ALSO REVIEWED, INCLUDING SECTION 2 THEREOF PROVIDING THAT PERSONS THEREAFTER ENLISTED OR APPOINTED AS AVIATION CADETS DURING THE WAR WERE NOT TO BE COMMISSIONED IN THE AIR CORPS RESERVE, BUT UPON SUCCESSFUL COMPLETION OF THE COURSE WERE EITHER TO BE COMMISSIONED TEMPORARY SECOND LIEUTENANTS IN THE ARMY OF THE UNITED STATES OR APPOINTED FLIGHT OFFICERS.

IN VIEW OF THE GENERAL LANGUAGE, PARTICULARLY THE DETAILED DISCUSSION OF THE LEGISLATIVE HISTORY OF THE "LUMP-SUM" ACT IN YOUR DECISION OF 5 DECEMBER 1944, SUPRA, WHICH IT WAS THOUGHT POSSIBLY INDICATED THAT YOUR OFFICE WAS OF THE OPINION THAT THERE WERE SOME LIMITATIONS IN THE 1936 ACT OF WHICH THIS OFFICE WAS UNAWARE, AND, FURTHER, IN VIEW OF THE PROHIBITION IN SECTION 2 OF THE FLIGHT OFFICER ACT, SUPRA, AND THE MENTIONED CLAIMS ACTION OF THE GENERAL ACCOUNTING OFFICE, IT WAS DETERMINED, AS A STOPGAP MEASURE AND UNTIL A FULLY DEFINITIVE DECISION COULD BE SECURED FROM YOUR OFFICE, TO LIMIT SUCH LUMP-SUM PAYMENTS TO OFFICERS HOLDING COMMISSIONS IN THE AIR CORPS RESERVE WHO HAD COMPLETED FLIGHT TRAINING AND WHO HELD AERONAUTICAL RATINGS, THUS HOLDING IN ABEYANCE LUMP-SUM PAYMENTS TO ALL OTHER AIR CORPS RESERVE OFFICERS PENDING AN AUTHORITATIVE DETERMINATION BY YOUR OFFICE ON THE GENERAL PROBLEMS PRESENTED. ACCORDINGLY, INSTRUCTIONS WERE ISSUED TO DISBURSING OFFICERS IN APRIL OF THIS YEAR READING AS FOLLOWS:

"PENDING FINAL DETERMINATION OF STUDY BEING MADE, LUMP-SUM PAYMENTS PARAGRAPH THREE AR THIRTY-FIVE DASH THREE FOUR TWO ZERO ARE RESTRICTED TO OFFICERS HOLDING COMMISSIONS IN AIR CORPS RESERVE AND WHO HAVE COMPLETED FLIGHT TRAINING AND HOLD AERONAUTICAL RATINGS.'

WHILE, AS THIS DEPARTMENT WAS INFORMALLY ADVISED, SUBSEQUENT TO THE ISSUANCE OF SUCH INSTRUCTIONS TO DISBURSING OFFICERS, YOUR OFFICE ON APPEAL REVERSED THE ABOVE REFERRED TO CLAIMS ACTION OF THE GENERAL ACCOUNTING OFFICE, IT IS NEVERTHELESS BELIEVED DESIRABLE TO SUBMIT THE GENERAL QUESTIONS INVOLVED TO YOUR OFFICE FOR DECISION SO AS TO OBVIATE ANY POSSIBLE DOUBTS WHICH MIGHT REMAIN AS TO ENTITLEMENT OF AIR CORPS RESERVE OFFICERS TO THE LUMP-SUM PAYMENTS IN QUESTION, FOR THE REASON THAT THE CERTIFICATE OF SETTLEMENT MENTIONED ABOVE CONCERNED ONLY ONE TYPE OF CASE, I.E., THE TRANSFER OF AN OFFICER TO THE AIR CORPS RESERVE, LEAVING UNDETERMINED BY AN AFFIRMATIVE DECISION THE VALIDITY OF LUMP-SUM PAYMENTS TO OTHER CATEGORIES OF PERSONNEL. SUCH OTHER CATEGORIES INVOLVE, GENERALLY SPEAKING, PERSONNEL WHO WERE ISSUED COMMISSIONS IN THE AIR CORPS RESERVE, EITHER ORIGINALLY OR BY WAY OF TRANSFERS FROM OTHER COMPONENTS OF THE OFFICERS RESERVE CORPS, AND WHO HAD NO FLIGHT TRAINING OR AERONAUTICAL RATINGS. THEY INCLUDE "GROUND" PERSONNEL, SUCH AS AVIATION ENGINEERS, COMMUNICATIONS EXPERTS, PHOTOGRAPHERS, AND METEOROLOGISTS, AS WELL AS ADMINISTRATIVE PERSONNEL. WITH RESPECT TO THESE CATEGORIES OF AIR CORPS RESERVE PERSONNEL, IT IS BELIEVED OBVIOUS THAT, IN ORDER TO MAINTAIN AN ADEQUATE ARMY AIR FORCE, PERSONNEL OTHER THAN FLYING OR RATED PERSONNEL ARE NOT ONLY ESSENTIAL BUT ABSOLUTELY INDISPENSABLE. THE AIR FORCES NEED TRAINED AND QUALIFIED GROUND AND ADMINISTRATIVE PERSONNEL JUST AS MUCH AS IT NEEDS FLYING OR RATED PERSONNEL.

FOR THIS REASON, SINCE BEFORE 7 DECEMBER 1941, AND SUBSEQUENT THERETO, AND, IT IS SPECIFICALLY POINTED OUT, SUBSEQUENT TO 8 JULY 1942 (THE EFFECTIVE DATE OF THE FLIGHT OFFICERS ACT, SUPRA), SUCH PERSONNEL HAVE BEEN ISSUED COMMISSIONS, EITHER ORIGINALLY OR BY WAY OF TRANSFER FROM OTHER COMPONENTS OF THE OFFICERS RESERVE CORPS, IN THE AIR CORPS RESERVE, AND THE WAR DEPARTMENT HAS HERETOFORE FELT, BY REASON OF SUCH NECESSITY, AND THE ABSENCE OF ANY CLEAR INTENT BY CONGRESS TO THE CONTRARY (CERTAINLY UNTIL SOME DOUBT WAS ENGENDERED BY THE GENERAL DISCUSSION IN 24 COMP. GEN. 423, RELATING TO ANOTHER PHASE OF THE GENERAL QUESTION), TO DEPRIVE SUCH PERSONNEL OF THE LUMP-SUM PAYMENT WAS NOT JUSTIFIED. AS A RESULT OF THE VIEWS HERETOFORE HELD BY THE WAR DEPARTMENT AS TO THE WIDE COVERAGE OF THE 1936 ACT, UP TO THE PRESENT TIME, IN CONNECTION WITH THE DEMOBILIZATION OF THE ARMY, IT IS ESTIMATED THAT ABOUT SEVENTY-FIVE PERCENT OF THE PERSONNEL OF THE AIR CORPS RESERVE HAVE BEEN RELIEVED FROM ACTIVE DUTY AND HAVE RECEIVED THE LUMP-SUM PAYMENT. SO FAR AS IS KNOWN, PAYMENTS TO PERSONNEL OF THE VARIOUS CATEGORIES MENTIONED HEREIN HAVE NOT BEEN QUESTIONED BY THE GENERAL ACCOUNTING OFFICE, EXCEPT WITH RESPECT TO THE CERTIFICATE OF SETTLEMENT ABOVE MENTIONED.

IN VIEW OF THE ABOVE, YOUR DECISION IS REQUESTED AS TO WHETHER PERSONS WHO ARE COMMISSIONED IN THE AIR CORPS RESERVE, BY TRANSFER FROM OTHER COMPONENTS OF THE RESERVE CORPS, OR OTHERWISE, WITHOUT HAVING RECEIVED FLIGHT TRAINING AND WHO DO NOT HAVE ANY AERONAUTICAL RATING, MAY NEVERTHELESS BE PAID THE LUMP-SUM PAYMENTS AUTHORIZED BY THE ACT OF 1936, AS AMENDED, SUPRA, IF OTHERWISE ENTITLED THERETO UNDER THE CONDITIONS SPECIFIED IN SAID ACT.

IN ORDER THAT PROPER STEPS MAY BE TAKEN TO RESCIND, OR TAKE OTHER NECESSARY ACTION WITH REFERENCE TO, THE STOPGAP INSTRUCTIONS NOW IN EXISTENCE, REFERRED TO ABOVE, YOUR EARLY DECISION WILL BE APPRECIATED.

THE MATTER HAS BEEN GIVEN CAREFUL CONSIDERATION BUT NO SUFFICIENT BASIS HAS BEEN FOUND TO WARRANT A CONCLUSION THAT THE CONGRESS INTENDED TO LIMIT THE LUMP-SUM PAYMENTS TO FLYING OFFICERS OF THE AIR CORPS RESERVE. NEITHER THE ORIGINAL STATUTE AUTHORIZING SUCH PAYMENTS NOR THE SUBSEQUENT AMENDMENTS CONTAIN ANY LANGUAGE INDICATING SUCH AN INTENT. ON THE CONTRARY, THE STATUTES EMPLOYED THE BROADLY INCLUSIVE TERMS "SUCH AIR CORPS RESERVE OFFICERS," " ANY AIR CORPS RESERVE OFFICER," AND, AGAIN,"ANY AIR CORPS RESERVE OFFICER," WITHOUT REFERENCE TO WHETHER SUCH OFFICERS HAD RECEIVED FLIGHT TRAINING OR HAD AERONAUTICAL RATINGS.

SECTIONS 1 AND 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, PROVIDED:

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 ADDITION TO ANY PAY AND ALLOWANCES WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE.

SECTION 11 OF THE ACT OF APRIL 3, 1939, 53 STAT. 559, PROVIDED:

SEC. 11. SECTION 2 OF THE ACT OF JUNE 16, 1936 (49 STAT. 1524), IS HEREBY AMENDED 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.'

SECTIONS 3 AND 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, 55 STAT. 239, 240, PROVIDE:

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 1HDR XXXXX00001-004 AFLITEDATA69160-000 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. 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.'

IN THE CERTIFICATE OF SETTLEMENT BY THE CLAIMS DIVISION OF THIS OFFICE, CITED IN YOUR LETTER, A CLAIM FOR THE LUMP-SUM PAYMENT WAS DISALLOWED IN THE CASE OF AN OFFICER WHO HAD BEEN TRANSFERRED FROM THE COAST ARTILLERY RESERVE TO THE AIR CORPS RESERVE, THE SAID DISALLOWANCE BEING ON THE GROUND THAT THE OFFICER WAS NOT ORIGINALLY COMMISSIONED IN THE AIR CORPS RESERVE. THE DISALLOWANCE WAS NOT ON THE BASIS THAT THE OFFICER DID NOT HAVE AN AERONAUTICAL RATING; IN FACT, HE STATED THAT HE WAS ON "FULL FLYING STATUS" WHEN RELIEVED FROM DUTY WITH THE AIR CORPS RESERVE, THUS INDICATING THAT HE MAY HAVE HAD SUCH RATING, AND, HOWEVER THAT MAY BE, THE CLAIM SUBSEQUENTLY WAS ALLOWED, IT HAVING BEEN DECIDED ON A REVIEW OF THIS MATTER THAT THE OFFICER BECAME AN OFFICER OF THE AIR CORPS RESERVE WITHIN THE INTENT AND PURPOSE OF SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED, UPON TRANSFER THERETO FROM THE COAST ARTILLERY RESERVE. IN THE DECISION OF DECEMBER 5, 1944, 24 COMP. GEN. 423, ALSO CITED IN YOUR LETTER, IT WAS HELD, QUOTING THE SYLLABUS, THAT:

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.

IN REACHING THAT CONCLUSION, THE LEGISLATIVE HISTORY OF THE SAID ACT OF JUNE 16, 1936, AND SUBSEQUENT AMENDMENTS, AUTHORIZING THE LUMP-SUM PAYMENTS FOR AIR CORPS RESERVE OFFICERS, WAS EXAMINED AND DISCUSSED AT SOME LENGTH. RESPECTING THE ORIGINAL ACT IT WAS SAID:

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 WAS SUBSTANTIALLY TO EQUALIZE THE EMOLUMENTS OF SUCH 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. 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 PURPOSE OF THE 1939 AMENDMENT WAS DISCUSSED AS FOLLOWS:

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.

RESPECTING THE AMENDMENT CONTAINED IN THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, INCREASING THE LUMP-SUM PAYMENT FROM $500 FOR A THREE YEAR PERIOD TO $500 FOR EACH YEAR OF ACTIVE SERVICE, IT WAS SAID:

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. * * *

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.

THE WAR DEPARTMENT DOUBT IN THE PRESENT MATTER APPEARS TO HAVE ARISEN PRINCIPALLY BECAUSE SUCH STATEMENTS IN THE DECISION OF DECEMBER 5, 1944, SUPRA, MIGHT BE UNDERSTOOD AS INDICATING THE VIEW THAT THE LUMP-SUM PAYMENTS TO AIR CORPS RESERVE OFFICERS WERE AUTHORIZED ONLY ON THE SAME CONDITIONS AS APPLIED TO SIMILAR LUMP-SUM PAYMENTS AUTHORIZED FOR PERSONNEL OF THE NAVAL RESERVE AND MARINE CORPS RESERVE, WHICH WERE FIRST RESTRICTED TO AVIATION CADETS AND THEN TO OFFICERS COMMISSIONED IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION RESERVE ACT OF 1939, AFTER COMPLETION OF TRAINING AS AVIATION CADETS. SEE SECTION 6 OF THE ACT OF APRIL 15, 1935, 49 STAT. 157, SECTIONS 6, 8, AND 12 (C) OF THE ACT OF JUNE 13, 1939, 53 STAT. 820, 821; AND SECTIONS 5 AND 6 OF THE ACT OF AUGUST 27, 1940, 54 STAT. 865. HOWEVER, AND BY CONTRAST TO SUCH EXPRESS LIMITATIONS IN THE NAVY STATUTES, THE ARMY STATUTES WERE NOT SO RESTRICTED BUT EXPRESSLY APPLIED GENERALLY TO ANY AIR CORPS RESERVE OFFICER UPON RELEASE FROM ACTIVE DUTY. WHILE IT IS TRUE THAT THE CONGRESSIONAL COMMITTEE REPORTS ON SUCH LEGISLATION STRESSED THE NEED FOR TRAINING AND UTILIZING THE SERVICES OF ARMY RESERVE PILOTS AND FLYING PERSONNEL, WHICH WAS, OF COURSE, THE PRIMARY CONSIDERATION, AND THE NECESSITY IN THAT RESPECT OF MAINTAINING A PARITY WITH THE NAVY IN THE INDUCEMENTS OFFERED ARMY RESERVE PERSONNEL TO FURTHER SUCH PURPOSE, THERE HAS BEEN FOUND NOTHING IN SUCH REPORTS TO SHOW A LEGISLATIVE INTENT THAT THE COMPREHENSIVE TERMS "SUCH AIR CORPS RESERVE OFFICERS," AND "ANY AIR CORPS RESERVE OFFICER" EMPLOYED IN THE ARMY STATUTES SHOULD BE UNDERSTOOD AND APPLIED AS INCLUDING FLYING OFFICERS ONLY. IN THAT CONNECTION IT IS NOTED THAT IN THE COMMITTEE REPORTS ON THE BILL WHICH BECAME THE SAID ACT OF JUNE 16, 1936, CONTAINING THE ORIGINAL PROVISION FOR LUMP-SUM PAYMENTS FOR AIR CORPS RESERVE OFFICERS ( H.R. REPORT NO. 2359, SENATE REPORT NO. 2039, 74TH CONGRESS, 2D SESSION), THERE WAS QUOTED A LETTER DATED MARCH 16, 1936, FROM THE SECRETARY OF WAR, IN PART AS FOLLOWS:

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 FEDERAL AVIATION COMMISSION ( HOWELL COMMISSION) RECOMMENDED THAT "THE MAXIMUM TERM OF ACTIVE SERVICE WITH REGULAR OFFICERS ON THE PART OF RESERVE PILOTS SHOULD BE INCREASED AT LEAST TO 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 TURNOVER 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 COMPLIMENTARY 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. (ITALICS SUPPLIED.)

SUCH REFERENCE TO "OTHER ACTIVITIES" WOULD INDICATE THAT THE LEGISLATION WAS PURPOSELY DRAWN BROADLY TO PERMIT THE UTILIZATION OF AIR CORPS RESERVE OFFICERS ON EXTENDED PERIODS OF ACTIVE DUTY FOR RELATED PURPOSES OTHER THAN ACTUALLY MANNING THE AIRCRAFT ON HAND AND TO BE PROCURED; AND SINCE THE LUMP-SUM PAYMENT WAS PROVIDED AS AN INDUCEMENT FOR AIR CORPS RESERVE OFFICERS TO FOREGO THEIR NORMAL CIVILIAN PURSUITS FOR LONG PERIODS OF ACTIVE DUTY AND TO EASE THEIR RETURN TO CIVILIAN LIFE UPON RELEASE FROM SUCH ACTIVE DUTY, AND WAS NOT ADDITIONAL PAY FOR THE HAZARDS OF FLYING--- FOR WHICH INCREASED PAY WAS OTHERWISE PROVIDED FOR FLYING OFFICERS--- THE REASON FOR ALLOWING THE LUMP-SUM PAYMENT UPON RELEASE FROM ACTIVE DUTY APPLIED TO NONFLYING OFFICERS AS WELL AS TO FLYING OFFICERS. FOR SUCH REASONS, I BELIEVE THE CONCLUSION IS REQUIRED THAT THE MORE RESTRICTIVE PROVISIONS IN THE NAVY STATUTES AND THE EXPRESSED PURPOSE OF MAINTAINING A PARITY OF EMOLUMENTS BETWEEN THE ARMY AND THE NAVY IN THE AMOUNT OF THE LUMP-SUM PAYMENT AUTHORIZED MAY NOT BE VIEWED AS DEMONSTRATING A LEGISLATIVE INTENT THAT THE ARMY LUMP-SUM PAYMENTS SHOULD BE ALLOWED ONLY TO FLYING OFFICERS NOTWITHSTANDING THE EXPRESS PROVISION FOR PAYMENT TO "ANY AIR CORPS RESERVE OFFICER.'

ACCORDINGLY, THE QUESTION STATED IN THE NEXT TO LAST PARAGRAPH OF YOUR LETTER, SUPRA, IS ANSWERED IN THE AFFIRMATIVE.