B-73015, NOVEMBER 9, 1949, 29 COMP. GEN. 214
Highlights
ARE NOT ENTITLED. 1949: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23. IT WAS HELD THAT OFFICERS OF THE MEDICAL CORPS AND DENTAL CORPS OF THE REGULAR ARMY WHO WERE ON THE ACTIVE LIST ON SEPTEMBER 1. WHO WERE RETIRED AFTER THAT DATE WOULD BE ENTITLED. CONSIDERATION IS BEING GIVEN TO RETURNING TO ACTIVE SERVICE MEDICAL AND DENTAL OFFICERS OF THE REGULAR ARMY WHO WERE RETIRED PRIOR TO SEPTEMBER 1. THE QUESTION IS PRESENTED AS TO WHETHER SUCH OFFICERS. IF THEY ARE RECALLED TO ACTIVE DUTY WITH THE MEDICAL CORPS OR DENTAL CORPS AND PERFORM THE DUTIES OF A MEDICAL OR DENTAL OFFICER. WILL BE ENTITLED TO THE ADDITIONAL PAY OF $100 PER MONTH AUTHORIZED BY THE ACT. THE PROVISIONS OF THAT SECTION NOW HAVE BEEN SUPERSEDED BY SIMILAR PROVISIONS CONTAINED IN SECTION 203 OF THE CAREER COMPENSATION ACT OF 1949.
B-73015, NOVEMBER 9, 1949, 29 COMP. GEN. 214
PAY - ADDITIONAL - RETIRED ARMY MEDICAL AND DENTAL CORPS OFFICERS RECALLED TO ACTIVE DUTY OFFICERS OF THE MEDICAL OR DENTAL CORPS OF THE REGULAR ARMY RETIRED PRIOR TO AND NOT SERVING ON ACTIVE DUTY ON SEPTEMBER 1, 1947, ARE NOT ENTITLED, UPON SUBSEQUENT RECALL TO ACTIVE DUTY WITH THE MEDICAL OR DENTAL CORPS, TO THE ADDITIONAL ACTIVE-DUTY PAY OF $100 PER MONTH AUTHORIZED FOR CERTAIN MEDICAL AND DENTAL OFFICERS BY SECTION 203 OF THE CAREER COMPENSATION ACT OF 1949.
ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, NOVEMBER 9, 1949:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 23, 1949, REQUESTING DECISION AS TO WHETHER THE ADDITIONAL PAY OF $100 PER MONTH AUTHORIZED BY PUBLIC LAW 365, APPROVED AUGUST 5, 1947, 61 STAT. 776, MAY BE PAID TO CERTAIN RETIRED OFFICERS IF RECALLED TO ACTIVE DUTY.
IN DECISION OF MAY 13, 1948, 27 COMP. GEN. 681, TO WHICH YOU REFER, IT WAS HELD THAT OFFICERS OF THE MEDICAL CORPS AND DENTAL CORPS OF THE REGULAR ARMY WHO WERE ON THE ACTIVE LIST ON SEPTEMBER 1, 1947, THE EFFECTIVE DATE OF TITLE I OF THE AFORE-MENTIONED ACT, AND WHO WERE RETIRED AFTER THAT DATE WOULD BE ENTITLED, UPON RECALL TO ACTIVE DUTY WITH THE MEDICAL CORPS OR DENTAL CORPS, TO THE ADDITIONAL COMPENSATION AUTHORIZED BY SUCH ACT. YOU STATE THAT IN VIEW OF THE STILL CRITICAL SHORTAGE IN THE ARMED SERVICES OF MEDICAL AND DENTAL PERSONNEL, CONSIDERATION IS BEING GIVEN TO RETURNING TO ACTIVE SERVICE MEDICAL AND DENTAL OFFICERS OF THE REGULAR ARMY WHO WERE RETIRED PRIOR TO SEPTEMBER 1, 1947, AND THE QUESTION IS PRESENTED AS TO WHETHER SUCH OFFICERS, IF THEY ARE RECALLED TO ACTIVE DUTY WITH THE MEDICAL CORPS OR DENTAL CORPS AND PERFORM THE DUTIES OF A MEDICAL OR DENTAL OFFICER, WILL BE ENTITLED TO THE ADDITIONAL PAY OF $100 PER MONTH AUTHORIZED BY THE ACT.
SECTION 101, TITLE I, OF THE SAID ACT OF AUGUST 5, 1947, 61 STAT. 776, AMENDED THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 359, AS AMENDED, BY ADDING THERETO A NEW SECTION NUMBERED A. THE PROVISIONS OF THAT SECTION NOW HAVE BEEN SUPERSEDED BY SIMILAR PROVISIONS CONTAINED IN SECTION 203 OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, 63 STAT. 809. SUBSECTION (B) OF THE SAID SECTION 203 AUTHORIZES SPECIAL PAY OF $100 PER MONTH FOR EACH MONTH OF ACTIVE SERVICE TO "COMMISSIONED OFFICERS" AS THAT TERM IS DEFINED IN SUBSECTION (A) OF SUCH SECTION, WHICH READS AS FOLLOWS:
THE TERM "COMMISSIONED OFFICERS," AS USED IN THIS SECTION, SHALL BE INTERPRETED TO MEAN ONLY (1) THOSE COMMISSIONED OFFICERS IN THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, NAVY, AND AIR FORCE AND COMMISSIONED MEDICAL AND DENTAL OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE WHO WERE ON ACTIVE DUTY ON SEPTEMBER 1, 1947; (2) THOSE OFFICERS WHO, HERETOFORE BUT SUBSEQUENT TO SEPTEMBER 1, 1947, HAVE BEEN OR WHO, PRIOR TO SEPTEMBER 1, 1952, MAY BE COMMISSIONED IN THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, NAVY, AND AIR FORCE OR AS MEDICAL AND DENTAL OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE; (3) SUCH OFFICERS WHO ON SEPTEMBER 1, 1947, WERE OR WHO THEREAFTER HAVE BEEN OR MAY BE COMMISSIONED IN THE MEDICAL AND DENTAL CORPS OF THE OFFICERS' RESERVE CORPS, THE UNITED STATES AIR FORCE RESERVE, THE NAVAL RESERVE, THE NATIONAL GUARD, THE NATIONAL GUARD OF THE UNITED STATES, THE AIR NATIONAL GUARD, THE AIR NATIONAL GUARD OF THE UNITED STATES, THE ARMY OF THE UNITED STATES, THE AIR FORCE OF THE UNITED STATES, OR AS MEDICAL AND DENTAL OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE AND WHO HERETOFORE, BUT SUBSEQUENT TO SEPTEMBER 1, 1947, HAVE VOLUNTEERED AND BEEN ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER, OR WHO MAY, PRIOR TO SEPTEMBER 1, 1952, VOLUNTEER AND BE ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER; (4) GENERAL OFFICERS APPOINTED FROM THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, THE OFFICERS' RESERVE CORPS, THE NATIONAL GUARD, THE NATIONAL GUARD OF THE UNITED STATES, THE ARMY OF THE UNITED STATES, THE REGULAR AIR FORCE, THE UNITED STATES AIR FORCE RESERVE, THE AIR NATIONAL GUARD, THE AIR NATIONAL GUARD OF THE UNITED STATES, AND THE AIR FORCE OF THE UNITED STATES WHO WERE ON ACTIVE DUTY ON SEPTEMBER 1, 1947; AND (5) GENERAL OFFICERS WHO, SUBSEQUENT TO SEPTEMBER 1, 1947, HAVE BEEN OR WHO MAY BE APPOINTED FROM THOSE OFFICERS OF THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, THE OFFICERS' RESERVE CORPS, THE NATIONAL GUARD, THE NATIONAL GUARD OF THE UNITED STATES, THE ARMY OF THE UNITED STATES, THE REGULAR AIR FORCE, THE UNITED STATES AIR FORCE RESERVE, THE AIR NATIONAL GUARD, THE AIR NATIONAL GUARD OF THE UNITED STATES, AND THE AIR FORCE OF THE UNITED STATES WHO ARE INCLUDED IN PARTS (1), (2), OR (3) OF THIS SUBSECTION.
UNDER THE PLAIN TERMS OF THE STATUTE, THE SPECIAL COMPENSATION IS PAYABLE TO THOSE OFFICERS OF THE MEDICAL CORPS OR DENTAL CORPS OF THE REGULAR ARMY WHO WERE ON ACTIVE DUTY ON SEPTEMBER 1, 1947, OR WHO ARE COMMISSIONED IN THE MEDICAL CORPS OR DENTAL CORPS OF THE REGULAR ARMY SUBSEQUENT TO THAT DATE AND PRIOR TO SEPTEMBER 1, 1952, AS WELL AS TO THOSE RESERVE OFFICERS AND GENERAL OFFICERS THEREIN SPECIFIED. OFFICERS OF THE MEDICAL CORPS AND DENTAL CORPS OF THE REGULAR ARMY WHO WERE RETIRED PRIOR TO SEPTEMBER 1, 1947, AND WERE NOT SERVING ON ACTIVE DUTY ON THAT DATE DO NOT FALL WITHIN DEFINITION (1) CONTAINED IN THE ABOVE-QUOTED SUBSECTION (A). NEITHER WOULD SUCH RETIRED OFFICERS, IF NOW RECALLED TO ACTIVE DUTY WITH THE MEDICAL CORPS OR DENTAL CORPS, FALL WITHIN DEFINITION (2), WHICH PERTAINS TO THOSE OFFICERS COMMISSIONED IN THE MEDICAL CORPS OR DENTAL CORPS OF THE REGULAR SERVICES SUBSEQUENT TO SEPTEMBER 1, 1947, AND PRIOR TO SEPTEMBER 1, 1952. ACCORDINGLY, SINCE PAYMENT OF THE SPECIAL COMPENSATION OF $100 PER MONTH FOR ACTIVE SERVICE IS LIMITED TO THOSE COMMISSIONED OFFICERS WHO FALL WITHIN THE CATEGORIES SPECIFIED IN SUBSECTION (A), SUPRA, AND SINCE OFFICERS RETIRED PRIOR TO SEPTEMBER 1, 1947, AND NOT SERVING ON ACTIVE DUTY ON SUCH DATE, WOULD NOT FALL WITHIN ANY OF THE SPECIFIED CATEGORIES IF NOW RECALLED TO ACTIVE DUTY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE, IT BEING ASSUMED THAT SUCH QUESTION RELATES TO OFFICERS WHO WERE NOT ON ACTIVE DUTY ON SEPTEMBER 1, 1947. CF. DECISION OF TODAY TO THE SECRETARY OF THE NAVY, B-73015, 29 COMP. GEN. 216.