B-136202, NOV. 3, 1959

B-136202, NOV. 3, 1959

TO MR. JAMES B. GRIMMER:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1959, IN REGARD TO THE MATTER OF A LUMP-SUM PAYMENT WHICH ACCRUED TO YOU BY VIRTUE OF YOUR SERVICE AS AN OFFICER OF THE AIR CORPS RESERVE.

YOU ACCEPTED AN APPOINTMENT AS SECOND LIEUTENANT, AIR CORPS RESERVE, ON JANUARY 14, 1943. YOU WERE PROMOTED TO FIRST LIEUTENANT, ARMY OF THE UNITED STATES, ON NOVEMBER 5, 1943, TO CAPTAIN, ARMY OF THE UNITED STATES, ON JULY 7, 1944; TO MAJOR, ARMY OF THE UNITED STATES, ON JANUARY 3, 1945; AND TO FIRST LIEUTENANT, AIR CORPS RESERVE, ON JANUARY 14, 1946. ON MAY 16, 1947, YOU WERE APPOINTED LIEUTENANT COLONEL, AIR CORPS RESERVE, IT BEING PROVIDED THAT YOU WERE NOT TO PERFORM THE DUTIES OF AN OFFICER UNDER THAT APPOINTMENT UNTIL SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS. YOU ACCEPTED THE APPOINTMENT ON JUNE 2, 1947. YOU CONTINUED ON ACTIVE DUTY AS MAJOR, ARMY OF THE UNITED STATES, AND ON OCTOBER 7, 1948, YOU WERE APPOINTED MAJOR, AIR FORCE OF THE UNITED STATES. THE LATTER APPOINTMENT WAS TERMINATED ON THE DATE OF YOUR RELIEF FROM ACTIVE DUTY, MAY 31, 1950, AT WHICH TIME YOU WERE BEING PAID AS A MAJOR.

IN OUR LETTERS OF JUNE 23, 1958, AND AUGUST 26, 1959, B-136202, YOU WERE ADVISED THAT YOU WERE ENTITLED TO A LUMP-SUM PAYMENT FOR SERVICE AS AN OFFICER OF THE AIR CORPS RESERVE FROM JANUARY 14, 1943, TO JUNE 1, 1947 (THE DAY PRECEDING THE DATE OF YOUR ACCEPTANCE OF APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE); THAT YOU HAD BEEN PAID A LUMP SUM FOR THE PERIOD JANUARY 14, 1943, TO JANUARY 13, 1948; AND HENCE, THAT YOU WERE INDEBTED TO THE UNITED STATES FOR THE PORTION OF THE LUMP SUM COVERING THE PERIOD JUNE 3, 1947, TO JANUARY 13, 1948.

IN YOUR LETTER OF OCTOBER 15, 1959, YOU CONTEND THAT YOU WERE ON CONTINUOUS ACTIVE DUTY AS AN AIR FORCE RESERVE OFFICER FROM JANUARY 14, 1943, TO MAY 31, 1950. YOU ASK TO BE ADVISED IF, UNDER SUCH CIRCUMSTANCES, YOU DID NOT BECOME ENTITLED TO A LUMP-SUM PAYMENT FOR THE PERIOD AFTER JUNE 1, 1947.

THE RECORD SHOWS, AS YOU REPEATEDLY HAVE BEEN ADVISED, THAT YOU CONTINUED ON ACTIVE DUTY TO MAY 31, 1950. COMMENCING JUNE 2, 1947, THE DATE OF YOUR ACCEPTANCE OF THE APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, YOU NO LONGER HAD AN ACTIVE DUTY STATUS AS AN AIR CORPS RESERVE OFFICER, HOWEVER, SINCE SUCH APPOINTMENT PROVIDED THAT YOU WERE NOT TO PERFORM THE DUTIES OF AN OFFICER UNDER THAT APPOINTMENT UNTIL SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS, AND SINCE THE ACCEPTANCE OF THAT APPOINTMENT OPERATED TO VACATE YOUR PRIOR APPOINTMENT AS FIRST LIEUTENANT, AIR CORPS RESERVE.

BASICALLY, YOUR CLAIM FOR A LUMP-SUM PAYMENT FOR A PERIOD FOLLOWING THE DATE OF YOUR ACCEPTANCE OF APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, IS QUITE SIMILAR TO THE CLAIM PRESENTED IN THE CASE OF LIEUTENANT COLONEL CLIFFORD FREDIC RANSOM. IN OUR LETTER OF OCTOBER 25, 1954, B- 118446, TO COLONEL RANSOM'S WIDOW--- A COPY OF WHICH IS ENCLOSED--- WE EXPLAINED WHY CREDIT FOR A LUMP-SUM PAYMENT FOR SERVICE AS AN OFFICER OF THE AIR CORPS RESERVE COULD NOT ACCRUE DURING A PERIOD OF SERVICE IN ANOTHER CAPACITY DURING WHICH A COMMISSION WAS HELD IN THAT RESERVE, BUT WITH A PROHIBITION AGAINST SERVICE UNDER SUCH COMMISSION.

FOR THE REASONS OUTLINED IN THE ABOVE DECISION OF OCTOBER 25, 1954, OUR HOLDING IN B-136202, JUNE 23, 1958, AND AUGUST 26, 1959, THAT YOU WERE NOT ENTITLED TO ANY LUM-SUM CREDIT BEYOND JUNE 1, 1947, IS AFFIRMED. ACCORDINGLY, YOUR INDEBTEDNESS SHOULD BE LIQUIDATED WITHOUT FURTHER DELAY.