B-71136, APRIL 5, 1948, 27 COMP. GEN. 592

B-71136: Apr 5, 1948

Additional Materials:

Contact:

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

 

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

IS NOT TO BE REGARDED AS OBLIGATED TO REFUND ANY ITEM OF THE ADDITIONAL PAY. REQUESTING A DECISION ON THE QUESTION WHETHER OR NOT A COMMISSIONED OFFICER OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE WILL BE OBLIGATED TO REFUND ADDITIONAL PAY OF $100 PER MONTH. IF HE IS SEPARATED FROM THE SERVICE FOR HIS PERSONAL CONVENIENCE PRIOR TO THE EXPIRATION OF THE ONE-YEAR PERIOD OF ACTIVE SERVICE FOR WHICH HE VOLUNTEERED AND WAS ACCEPTED ON SEPTEMBER 1. YOU STATE THAT SUCH OFFICER HAS SUBMITTED A REQUEST FOR THE INACTIVATION OF HIS COMMISSION AND THAT UNDER THE SEPARATION CRITERIA OF THE PUBLIC HEALTH SERVICE HE IS ELIGIBLE FOR SEPARATION FROM THE SERVICE AND YOU REQUEST TO BE ADVISED RESPECTING THE ACTION TO BE TAKEN BY THE SERVICE TO OBTAIN FROM HIM A REFUND OF THE PAYMENTS OF ADDITIONAL MONTHLY PAY OF $100 MADE TO HIM.

B-71136, APRIL 5, 1948, 27 COMP. GEN. 592

PAY - ADDITIONAL - PUBLIC HEALTH SERVICE RESERVE OFFICER SEPARATED PRIOR TO EXPIRATION OF ONE-YEAR PERIOD OF ACTIVE DUTY A COMMISSIONED OFFICER OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE HAVING VOLUNTEERED FOR, AND HAVING BEEN ACCEPTED FOR, ONE YEAR'S SERVICE UNDER THE PROVISIONS OF SECTION A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, BECAME ENTITLED TO ADDITIONAL PAY AUTHORIZED THEREIN AT THE RATE OF $100 PER MONTH FOR EACH MONTH OF ACTIVE SERVICE FOR WHICH VOLUNTEERED, AND IS NOT TO BE REGARDED AS OBLIGATED TO REFUND ANY ITEM OF THE ADDITIONAL PAY, EVEN THOUGH HIS COMMISSION BE INACTIVATED, UPON HIS REQUEST AND FOR HIS PERSONAL CONVENIENCE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR PERIOD OF ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE ADMINISTRATOR, FEDERAL SECURITY AGENCY, APRIL 5, 948:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF NOVEMBER 13, 1947, REQUESTING A DECISION ON THE QUESTION WHETHER OR NOT A COMMISSIONED OFFICER OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE WILL BE OBLIGATED TO REFUND ADDITIONAL PAY OF $100 PER MONTH, PAID TO HIM SINCE SEPTEMBER 1, 1947, UNDER THE PROVISIONS OF THE ARMY-1NAVY-1PUBLIC HEALTH SERVICE MEDICAL OFFICE PROCUREMENT ACT OF 1947, APPROVED AUGUST 5, 1947, 61 STAT. 776, IF HE IS SEPARATED FROM THE SERVICE FOR HIS PERSONAL CONVENIENCE PRIOR TO THE EXPIRATION OF THE ONE-YEAR PERIOD OF ACTIVE SERVICE FOR WHICH HE VOLUNTEERED AND WAS ACCEPTED ON SEPTEMBER 1, 1947. YOU STATE THAT SUCH OFFICER HAS SUBMITTED A REQUEST FOR THE INACTIVATION OF HIS COMMISSION AND THAT UNDER THE SEPARATION CRITERIA OF THE PUBLIC HEALTH SERVICE HE IS ELIGIBLE FOR SEPARATION FROM THE SERVICE AND YOU REQUEST TO BE ADVISED RESPECTING THE ACTION TO BE TAKEN BY THE SERVICE TO OBTAIN FROM HIM A REFUND OF THE PAYMENTS OF ADDITIONAL MONTHLY PAY OF $100 MADE TO HIM, IN THE EVENT IT IS HELD THAT HE IS OBLIGATED TO MAKE SUCH A REFUND.

SECTION 101 OF THE ACT OF AUGUST 5, 1947, 61 STAT. 776, SUPRA, AMENDED THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, AS AMENDED, BY ADDING THERETO A NEW SECTION (NUMBERED A) WHICH IS, IN PERTINENT PART, AS FOLLOWS:

(A) THE TERM "COMMISSIONED OFFICERS," AS USED IN THIS SECTION, SHALL BE INTERPRETED TO MEAN ONLY * * * (3) SUCH OFFICERS, NOW OR HEREAFTER COMMISSIONED * * * AS MEDICAL AND DENTAL OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHO MAY, DURING THE FIVE YEAR PERIOD IMMEDIATELY FOLLOWING THE EXECUTIVE DATE OF THIS SECTION ( SEPTEMBER 1, 1947), VOLUNTEER AND BE ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER * * *.

(B) IN ADDITION TO ANY PAY, ALLOWANCES, OR EMOLUMENTS THAT THEY ARE OTHERWISE ENTITLED TO RECEIVE, COMMISSIONED OFFICERS AS DEFINED IN SUBSECTION (A) OF THIS SECTION SHALL BE ENTITLED TO PAY AT THE RATE OF $100 PER MONTH FOR EACH MONTH OF ACTIVE SERVICE FOLLOWING THE DATE OF ENACTMENT OF THIS SECTION * * * AND PROVIDED FURTHER, THAT THE COMMISSIONED OFFICERS DESCRIBED IN SUBSECTION (A) (3) OF THIS SECTION SHALL RECEIVE THE PAY PROVIDED BY THIS SUBSECTION ONLY DURING PERIODS OF VOLUNTEER SERVICE.

SOME STATUTES WHICH HAVE AUTHORIZED PAYMENTS TO, OR ON BEHALF OF, OFFICERS AND EMPLOYEES UPON CONDITIONS RESPECTING FUTURE SERVICES OF SUCH OFFICERS AND EMPLOYEES HAVE CONTAINED EXPRESS PROVISION REQUIRING THE REFUND OF ANY SUCH PAYMENTS IN THE EVENT OF NON-COMPLIANCE WITH THE CONDITIONS SPECIFIED. SEE, FOR EXAMPLE, SECTION 7 OF THE ADMINISTRATIVE EXPENSE ACT OF AUGUST 2, 1946, 60 STAT. 808, RELATING TO TRANSPORTATION OF DEPENDENTS AND EFFECTS OF PERSONNEL APPOINTED FOR SERVICE OUTSIDE THE UNITED STATES, AND SECTION 218 (B) OF THE PUBLIC HEALTH SERVICE ACT (AS ADDED BY SECTION 8 OF PUBLIC LAW 425, APPROVED FEBRUARY 28, 1948, 62 STAT. 47), RELATING TO PAYMENTS OF FEES AND TUITION TO EDUCATIONAL INSTITUTIONS ON BEHALF OF PUBLIC HEALTH SERVICE OFFICERS. TO THE SAME GENERAL EFFECT WAS THE PROVISION CONTAINED IN THE ACT OF AUGUST 29, 1916, 39 STAT. 589, WHICH SPECIFICALLY REQUIRED REFUND OF THE UNIFORM GRATUITY PAID TO MEMBERS OF THE NAVAL RESERVE FORCE IN THE EVENT THEY SERVED THEIR CONNECTION WITH THE SERVICE WITHOUT COMPULSION ON THE PART OF THE GOVERNMENT. HOWEVER, THE STATUTE HERE INVOLVED CONTAINS NO SUCH PROVISION, EXPRESS OR IMPLIED, FOR REFUND OF ANY PAYMENTS OF THE ADDITIONAL PAY OF $100 PER MONTH AUTHORIZED, SINCE SEPTEMBER 1, 1947, FOR CERTAIN MEDICAL AND DENTAL OFFICERS OF THE ARMY, THE NAVY AND THE PUBLIC HEALTH SERVICE AND THE RESERVE COMPONENTS OF SUCH SERVICES.

UNDER THE PLAIN TERMS OF SUCH STATUTE, AS QUOTED ABOVE, THE OFFICER REFERRED TO IN YOUR LETTER, HAVING VOLUNTEERED FOR, AND HAVING BEEN ACCEPTED FOR, ONE YEAR'S ACTIVE SERVICE BEGINNING SEPTEMBER 1, 1947, BECAME ENTITLED TO ADDITIONAL PAY AT THE RATE OF $100 PER MONTH (AS WELL AS ANY PAY, ALLOWANCES OR EMOLUMENTS WHICH HE WAS OTHERWISE ENTITLED TO RECEIVE) FOR EACH MONTH OF THE ACTIVE SERVICE FOR WHICH HE VOLUNTEERED. AND ALTHOUGH IT SEEMS PROBABLE THAT THE CONGRESS, IN ENACTING SUCH STATUTE, ASSUMED THAT MEDICAL AND DENTAL OFFICERS VOLUNTEERING FOR ONE YEAR'S ACTIVE SERVICE WOULD RENDER SERVICE FOR AT LEAST ONE YEAR--- UNLESS PREVENTED FROM DOING SO BY DEATH, DISABILITY OR INVOLUNTARY SEPARATION FROM THE SERVICE--- THERE IS NOTHING IN THE SAID STATUTE, OR IN ANY OTHER STATUTE OF WHICH I AM AWARE, THAT MIGHT BE DEEMED AS OBLIGATING THE OFFICER HERE INVOLVED TO REFUND ANY ITEM OF PAY OR ADDITIONAL PAY, OTHERWISE LEGALLY PAID TO HIM, EVEN THOUGH THE PUBLIC HEALTH SERVICE SHOULD INACTIVATE HIS COMMISSION, UPON HIS REQUEST AND FOR HIS PERSONAL CONVENIENCE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR PERIOD FOR WHICH HE VOLUNTEERED TO SERVE ON ACTIVE DUTY. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.