B-147644, SEP. 12, 1962
Highlights
USAFR: REFERENCE IS MADE TO OUR LETTER TO YOU UNDER DATE OF FEBRUARY 7. REQUESTING YOU TO REFUND THE SUM OF $200 REPRESENTING MUSTERING OUTPAY WHICH WAS PAID TO YOU INCIDENT TO YOUR APPOINTMENT AS SECOND LIEUTENANT. WAS ENTITLED TO RECEIVE MUSTERING-OUT PAY INCIDENT TO SUCH APPOINTMENT. LIEUTENANT DOWLING AT THE TIME OF HIS APPOINTMENT IN THE REGULAR AIR FORCE HELD A COMMISSION IN THE AIR FORCE RESERVE ALTHOUGH HE WAS SERVING ON ACTIVE DUTY UNDER A TEMPORARY APPOINTMENT IN THE SAME GRADE IN THE AIR FORCE OF THE UNITED STATES AND CONTINUED TO SERVE UNDER THE TEMPORARY APPOINTMENT FOLLOWING HIS APPOINTMENT IN THE REGULAR AIR FORCE. WE HAVE DECIDED TO FOLLOW THE DECISION IN THE DOWLING CASE.
B-147644, SEP. 12, 1962
TO LIEUTENANT JOHN J. COLLIER, JR., USAFR:
REFERENCE IS MADE TO OUR LETTER TO YOU UNDER DATE OF FEBRUARY 7, 1962, REQUESTING YOU TO REFUND THE SUM OF $200 REPRESENTING MUSTERING OUTPAY WHICH WAS PAID TO YOU INCIDENT TO YOUR APPOINTMENT AS SECOND LIEUTENANT, REGULAR AIR FORCE, IN SEPTEMBER 1955.
IN THE CASE OF DOWLING V. UNITED STATES, CT.CL. NO. 174-60, DECIDED FEBRUARY 7, 1962, THE COURT HELD THAT THE PLAINTIFF, WHO HAD BEEN APPOINTED AN OFFICER IN THE REGULAR AIR FORCE IN 1954 UNDER CIRCUMSTANCES SIMILAR TO YOURS, WAS ENTITLED TO RECEIVE MUSTERING-OUT PAY INCIDENT TO SUCH APPOINTMENT. LIEUTENANT DOWLING AT THE TIME OF HIS APPOINTMENT IN THE REGULAR AIR FORCE HELD A COMMISSION IN THE AIR FORCE RESERVE ALTHOUGH HE WAS SERVING ON ACTIVE DUTY UNDER A TEMPORARY APPOINTMENT IN THE SAME GRADE IN THE AIR FORCE OF THE UNITED STATES AND CONTINUED TO SERVE UNDER THE TEMPORARY APPOINTMENT FOLLOWING HIS APPOINTMENT IN THE REGULAR AIR FORCE.
WE HAVE DECIDED TO FOLLOW THE DECISION IN THE DOWLING CASE. ACCORDINGLY, IT HAS BEEN DETERMINED THAT THE PAYMENT OF MUSTERING-OUT PAY MADE TO YOU INCIDENT TO YOUR APPOINTMENT IN THE REGULAR AIR FORCE WAS PROPER AND OUR PREVIOUS REQUEST THAT YOU REFUND THE AMOUNT OF SUCH PAYMENT IS HEREBY CANCELLED.