B-96980, AUGUST 25, 1950, 30 COMP. GEN. 90

B-96980: Aug 25, 1950

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MAY BE CONSIDERED TANTAMOUNT TO RELIEF FROM ACTIVE DUTY IN CONNECTION WITH WHICH HE IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. 1950: REFERENCE IS MADE TO YOUR LETTER OF JUNE 29. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH. IS AS FOLLOWS: 39. OR PLACE NO FURTHER DISTANT TO ARRIVE THEREAT NOT LATER THAN 31 JAN 1950 ON WHICH DATE DP HE IS REL FR ASGD AND DY HIS COM AS CAPT INF RA AND TEMP MAJ AUS ARE TERMINATED AND HE IS HON DISCH FR USA UNDER RQMT SEC 509H AND 514 E ACT CONGRESS APPROVED 7 AUG 1947 ( PL 381 80TH CONG) HE HAVING LESS THAN 18 "YRS SVC" ("YRS SVC" FOR SEVERANCE PAY PURPOSES 13 YRS 10 MOS). PROVIDES THAT IF A DEFERRED OFFICER IS NOT RECOMMENDED FOR PROMOTION BY THE NEXT CONSECUTIVE SELECTIVE BOARD ON PROMOTIONS HE SHALL "BE ELIMINATED FROM THE ACTIVE LIST OF THE REGULAR ARMY RETIRED OR SEPARATED.

B-96980, AUGUST 25, 1950, 30 COMP. GEN. 90

TRANSPORTATION OF DEPENDENTS OF REGULAR ARMY OFFICER FROM LAST DUTY STATION TO HOME THE TERMINATION OF A REGULAR ARMY OFFICER'S TEMPORARY ACTIVE DUTY COMMISSION IN THE ARMY OF THE UNITED STATES CONCURRENTLY WITH HIS HONORABLE DISCHARGE FROM THE REGULAR ARMY UNDER SECTION 509 (H) OF THE ACT OF AUGUST 7, 1947, MAY BE CONSIDERED TANTAMOUNT TO RELIEF FROM ACTIVE DUTY IN CONNECTION WITH WHICH HE IS ENTITLED UNDER SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FROM LAST DUTY STATION TO HOME.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. B. J. TULLINGTON, DEPARTMENT OF THE ARMY, AUGUST 25, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1950, FILE FINKE-6-156, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH, CONSTITUTING THE CLAIM OF MAJOR CLAUD D. ROSCOE FOR TRAVEL ALLOWANCE FOR DEPENDENT'S TRAVEL FROM LOGAN, UTAH, TO BROWNWOOD, TEXAS, FEBRUARY 2 TO 21, 1950.

PARAGRAPH 39, SPECIAL ORDERS NO. 15, DEPARTMENT OF THE ARMY, DATED JANUARY 23, 1950, IS AS FOLLOWS:

39. MAJ CLAUDE D. ROSCOE ( CAPT.) 1031497 INF LOGAN, UTAH, WP HIS HOME BROWNWOOD, TEX. OR PLACE NO FURTHER DISTANT TO ARRIVE THEREAT NOT LATER THAN 31 JAN 1950 ON WHICH DATE DP HE IS REL FR ASGD AND DY HIS COM AS CAPT INF RA AND TEMP MAJ AUS ARE TERMINATED AND HE IS HON DISCH FR USA UNDER RQMT SEC 509H AND 514 E ACT CONGRESS APPROVED 7 AUG 1947 ( PL 381 80TH CONG) HE HAVING LESS THAN 18 "YRS SVC" ("YRS SVC" FOR SEVERANCE PAY PURPOSES 13 YRS 10 MOS). PCS. TDN. 1-22-222 P 431-02, 103, 107 A 2100425 S 99-999.

SECTION 509 (H) OF THE ACT OF AUGUST 7, 1947, 61 STAT. 896, PROVIDES THAT IF A DEFERRED OFFICER IS NOT RECOMMENDED FOR PROMOTION BY THE NEXT CONSECUTIVE SELECTIVE BOARD ON PROMOTIONS HE SHALL "BE ELIMINATED FROM THE ACTIVE LIST OF THE REGULAR ARMY RETIRED OR SEPARATED," UNDER THE CONDITIONS PRESCRIBED IN SECTION 514 OF THE SAME ACT (61 STAT. 902).

SINCE THIS OFFICER WAS NOT ELIGIBLE FOR RETIREMENT OF THE DATE OF ELIMINATION AS AN OFFICER IN THE REGULAR ARMY, HE APPEARS TO HAVE BEEN HONORABLY DISCHARGED FROM THE REGULAR ARMY, EFFECTIVE JANUARY 31, 1950, WITH SEVERANCE PAY COMPUTED AS PRESCRIBED BY SECTION 514 (E) (3) OF THE SAME ACT (61 STAT. 906). HIS COMMISSION AS MAJOR IN THE ARMY OF THE UNITED STATES, THE ACTIVE DUTY GRADE HELD BY HIM AT THE TIME OF HIS ELIMINATION FROM THE REGULAR ARMY, WAS ALSO TERMINATED BY HIS ORDERS OF JANUARY 23, 1950, CONCURRENTLY WITH HIS HONORABLE DISCHARGE FROM THE REGULAR ARMY. HIS SEPARATION FROM HIS TEMPORARY ACTIVE DUTY GRADE AS MAJOR IN WHICH HE WAS SERVING IS, UNDER THE CIRCUMSTANCES, TO BE CONSIDERED AS TANTAMOUNT TO RELIEF FROM ACTIVE DUTY WITHIN THE CONTEMPLATION OF THE PROVISIONS OF PARAGRAPH 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365. CF. 24 COMP. GEN. 915.

ACCORDINGLY, IF CORRECT IN OTHER RESPECTS, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.