B-126784, FEB. 3, 1956

B-126784: Feb 3, 1956

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THERE WAS ALSO RECEIVED A COMMUNICATION DATED JANUARY 23. WHILE YOU WERE SERVING ON ACTIVE DUTY UNDER A TEMPORARY APPOINTMENT AS MAJOR. YOU WERE GIVEN A FIVE-YEAR APPOINTMENT AS A LIEUTENANT COLONEL IN THE OFFICERS' RESERVE CORPS OF THE ARMY. ORDERS DIRECTING THE PERFORMANCE OF ACTIVE DUTY UNDER YOUR RESERVE APPOINTMENT AS LIEUTENANT COLONEL WERE NOT ISSUED AND YOU CONTINUED TO SERVE ON ACTIVE DUTY UNDER YOUR APPOINTMENT AS MAJOR. UNTIL YOU WERE RELIEVED FROM ACTIVE DUTY. WERE ENTITLED. WERE ENTITLED UNDER SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942. TO THE SAME PAY AND ALLOWANCES AS WERE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADES AND LENGTH OF SERVICE IN THE REGULAR ARMY. MEMBERS OF RESERVE COMPONENTS HAVE A DUAL STATUS.

B-126784, FEB. 3, 1956

TO MR. JAMES E. WINBORN:

YOUR LETTER OF JANUARY 17, 1956, REQUESTS REVIEW OF SETTLEMENT DATED JANUARY 11, 1956, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE ACTIVE-DUTY PAY AND ALLOWANCES AUTHORIZED FOR A MAJOR, AND THOSE AUTHORIZED FOR A LIEUTENANT COLONEL, FOR THE PERIOD FROM MAY 26, 1947, TO JUNE 16, 1948. THERE WAS ALSO RECEIVED A COMMUNICATION DATED JANUARY 23, 1956, WITH ENCLOSURES, FROM HONORABLE ALBERT THOMAS, HOUSE OF REPRESENTATIVES, RELATING TO THE SAME SUBJECT.

ON MAY 26, 1947, WHILE YOU WERE SERVING ON ACTIVE DUTY UNDER A TEMPORARY APPOINTMENT AS MAJOR, ARMY OF THE UNITED STATES, MADE PURSUANT TO THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, AS AMENDED, 10 U.S.C. 484, YOU WERE GIVEN A FIVE-YEAR APPOINTMENT AS A LIEUTENANT COLONEL IN THE OFFICERS' RESERVE CORPS OF THE ARMY. SUCH APPOINTMENT STATED THAT IT DID NOT AFFECT YOUR CURRENT ACTIVE-DUTY STATUS AND THAT YOU WOULD NOT PERFORM THE DUTIES OF AN OFFICER UNDER THE RESERVE APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS. ORDERS DIRECTING THE PERFORMANCE OF ACTIVE DUTY UNDER YOUR RESERVE APPOINTMENT AS LIEUTENANT COLONEL WERE NOT ISSUED AND YOU CONTINUED TO SERVE ON ACTIVE DUTY UNDER YOUR APPOINTMENT AS MAJOR, ARMY OF THE UNITED STATES, UNTIL YOU WERE RELIEVED FROM ACTIVE DUTY, EFFECTIVE JUNE 16, 1948.

PERSONS TEMPORARILY APPOINTED COMMISSIONED OFFICERS IN THE ARMY OF THE UNITED STATES, WITHOUT COMPONENT, UNDER THE ACT OF SEPTEMBER 22, 1941, AS AMENDED, WERE ENTITLED, DURING YOUR PERIOD OF SERVICE, TO THE SAME PAY AND ALLOWANCES, RIGHTS, PRIVILEGES, ETC., AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF SERVICE. MEMBERS OF THE OFFICERS' RESERVE CORPS, WHEN ON ACTIVE DUTY AS RESERVE OFFICERS, WERE ENTITLED UNDER SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, TO THE SAME PAY AND ALLOWANCES AS WERE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADES AND LENGTH OF SERVICE IN THE REGULAR ARMY. UNLIKE OFFICERS OF THE REGULAR ARMY HOWEVER, MEMBERS OF RESERVE COMPONENTS HAVE A DUAL STATUS; ACTIVE AND INACTIVE DUTY. THE SAME PAY AND ALLOWANCES WOULD NECESSARILY BE THE SAME AS THOSE AUTHORIZED FOR AN OFFICERS' RESERVE CORPS GRADE CORRESPONDING TO THE GRADE HELD IN THE ARMY OF THE UNITED STATES, IN YOUR CASE, MAJOR, AND NOT THOSE AUTHORIZED FOR OTHER GRADES IN THE OFFICERS' RESERVE CORPS. OTHERWISE THERE WOULD RESULT A DISPARITY IN ACTIVE-DUTY PAY AND ALLOWANCES BETWEEN TEMPORARY ARMY OF THE UNITED STATES OFFICERS AND OFFICERS OF CORRESPONDING GRADES IN THE REGULAR ARMY AND THE OFFICERS' RESERVE CORPS, A RESULT OBVIOUSLY NOT CONTEMPLATED.

SECTION 37 OF THE NATIONAL DEFENSE ACT, AS AMENDED, UNDER WHICH YOU WERE APPOINTED IN THE OFFICERS' RESERVE CORPS, AUTHORIZED ACTIVE-DUTY PAY FOR RESERVE OFFICERS ONLY WHEN ON ACTIVE DUTY. THUS, IN ORDER FOR YOU TO HAVE BEEN ENTITLED TO ACTIVE-DUTY PAY AND ALLOWANCES AS A LIEUTENANT COLONEL IN THE OFFICERS' RESERVE CORPS, IT WAS NECESSARY NOT ONLY THAT YOU HOLD A COMMISSION IN THE OFFICERS' RESERVE CORPS BUT ALSO THAT YOU BE CALLED TO AND SERVE ON ACTIVE DUTY UNDER SUCH COMMISSION AS A MEMBER OF THE OFFICERS' RESERVE CORPS.

SINCE YOU WERE NOT CALLED TO ACTIVE DUTY UNDER YOUR APPOINTMENT IN THE OFFICERS' RESERVE CORPS, YOU CONTINUED DURING THE PERIOD OF YOUR CLAIM TO SERVE ON ACTIVE DUTY AS A MAJOR IN THE ARMY OF THE UNITED STATES. IN THAT STATUS YOU WERE ENTITLED ONLY TO THE ACTIVE-DUTY PAY AND ALLOWANCES AUTHORIZED FOR A MAJOR. SEE THE ENCLOSED COPIES OF OUR DECISIONS OF OCTOBER 10, 1946, B-58195, (26 COMP. GEN. 245), AND JUNE 29, 1954, B- 118045 (33 COMP. GEN. 612).

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