B-136202, JUN. 23, 1958

B-136202: Jun 23, 1958

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

GRIMMER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 19. YOUR CLAIMS ARE FOR THE AIR FORCE RESERVE LUMP-SUM BONUS FOR A FRACTIONAL PART OF A YEAR AND FOR DEPENDENCY ALLOWANCE FOR THE PERIOD OCTOBER 1. SINCE YOUR CLAIM FOR THE BONUS WAS DISALLOWED BY SETTLEMENT DATED MARCH 20. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE PAID THE AIR CORPS RESERVE LUMP-SUM BONUS IN THE AMOUNT OF $2. WAS DISALLOWED BY THE SETTLEMENT OF MARCH 20. THE BONUS WAS NOT PAYABLE FOR FRACTIONAL PARTS OF A YEAR TO OFFICERS WHO WERE RELEASED FROM ACTIVE DUTY AT THEIR OWN REQUEST. IT IS YOUR BELIEF. THAT YOU ARE ENTITLED TO PAYMENT FOR SUCH FRACTIONAL PART OF A YEAR UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF APRIL 28.

B-136202, JUN. 23, 1958

TO MR. J. B. GRIMMER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1957, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $500 ARISING FROM THE OVERPAYMENT OF CLASS E ALLOTMENT FOR JUNE AND JULY 1950, AND TO YOUR CLAIMS ARISING FROM YOUR SERVICE WITH THE UNITED STATES AIR FORCE RESERVE. YOUR CLAIMS ARE FOR THE AIR FORCE RESERVE LUMP-SUM BONUS FOR A FRACTIONAL PART OF A YEAR AND FOR DEPENDENCY ALLOWANCE FOR THE PERIOD OCTOBER 1, 1949, TO MAY 31, 1950. SINCE YOUR CLAIM FOR THE BONUS WAS DISALLOWED BY SETTLEMENT DATED MARCH 20, 1951, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT WHEN RELEASED FROM ACTIVE DUTY, MAY 31, 1950, AS MAJOR, AIR FORCE OF THE UNITED STATES, YOU HELD AN APPOINTMENT AS LIEUTENANT COLONEL, UNITED STATES AIR FORCE RESERVE, HAVING BEEN COMMISSIONED IN THE AIR CORPS RESERVE ON JANUARY 14, 1943, AND YOU WERE PAID THE AIR CORPS RESERVE LUMP-SUM BONUS IN THE AMOUNT OF $2,500 FOR FIVE YEARS, JANUARY 14, 1943, TO JANUARY 13, 1948. YOUR CLAIM FOR PAYMENT FOR THE FRACTIONAL PART OF THE YEAR FROM JANUARY 14 TO JUNE 23, 1948, WAS DISALLOWED BY THE SETTLEMENT OF MARCH 20, 1951, FOR THE REASON THAT UNDER SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED BY SECTION 6 OF THE ACT OF JUNE 3, 1941, 55 STAT. 239, THE BONUS WAS NOT PAYABLE FOR FRACTIONAL PARTS OF A YEAR TO OFFICERS WHO WERE RELEASED FROM ACTIVE DUTY AT THEIR OWN REQUEST. IT IS YOUR BELIEF, HOWEVER, THAT YOU ARE ENTITLED TO PAYMENT FOR SUCH FRACTIONAL PART OF A YEAR UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF APRIL 28, 1950, 64 STAT. 90, WHICH AMENDED THE 1936 ACT TO PROVIDE THAT THEREAFTER THE RELEASE OF OFFICERS FROM ACTIVE DUTY SHALL NOT BE CONSTRUED AS A RELEASE FROM ACTIVE DUTY AT THEIR OWN REQUEST.

A STATEMENT OF YOUR SERVICE FURNISHED THIS OFFICE BY THE DIRECTOR, AIR FORCE RECORDS CENTER, ST. LOUIS, MISSOURI, SHOWS THAT ON MARCH 31, 1942, YOU ENLISTED AS PRIVATE, AIR CORPS, AND WERE APPOINTED AN AVIATION CADET THE SAME DATE. ON JANUARY 13, 1943, YOU WERE DISCHARGED TO ACCEPT A COMMISSION THE FOLLOWING DAY, AS SECOND LIEUTENANT, AIR CORPS RESERVE. NOVEMBER 5, 1943, YOU WERE PROMOTED TO FIRST LIEUTENANT, ARMY OF THE UNITED STATES. ON JULY 7, 1944, YOU WERE PROMOTED TO CAPTAIN, ARMY OF THE UNITED STATES, AND ON JANUARY 3, 1945, YOU WERE PROMOTED TO MAJOR IN THE SAME SERVICE. ON JANUARY 14, 1946, YOU WERE PROMOTED TO FIRST LIEUTENANT, AIR CORPS RESERVE. 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 THAT COMMISSION 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 DATE OF RELIEF FROM ACTIVE DUTY, MAY 31, 1950.

SECTION 2 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1524, AS AMENDED BY SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, 55 STAT. 240, PROVIDES THAT WHENEVER ANY AIR CORPS RESERVE OFFICER WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, HE SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AS AN AIR CORPS RESERVE OFFICER, AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST, OR AS A RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE, SUCH LUMP-SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE. THE ACT OF FEBRUARY 16, 1942, 56 STAT. 94, PROVIDES THAT DURING ANY WAR IN WHICH THE UNITED STATES WAS THEN ENGAGED, ANY OFFICER OF THE AIR CORPS RESERVE ASSIGNED TO ACTIVE DUTY COULD BE APPOINTED TO A HIGHER TEMPORARY GRADE, NOT ABOVE COLONEL, IN THE ARMY OF THE UNITED STATES WITHOUT VACATING HIS EXISTING COMMISSION IN THE RESERVE. UNDER THOSE PROVISIONS OF LAW A PERSON WHO, WHILE SERVING ON ACTIVE DUTY AS AN OFFICER OF THE AIR CORPS RESERVE, WAS TEMPORARILY PROMOTED TO A HIGHER GRADE IN THE ARMY OF THE UNITED STATES UNDER THE ACT OF FEBRUARY 16, 1942, WAS ENTITLED TO INCLUDE SERVICE UNDER SUCH TEMPORARY APPOINTMENT WITH HIS ACTIVE DUTY SERVICE AS AN AIR CORPS RESERVE OFFICER FOR PURPOSES OF PAYMENT OF THE LUMP SUM AUTHORIZED UNDER SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED. HOWEVER, AN APPOINTMENT IN THE AIR CORPS RESERVE WITH AN EXPRESS RESTRICTION AGAINST THE PERFORMANCE OF DUTY THEREUNDER UNLESS SPECIFICALLY SO DIRECTED BY COMPETENT ORDERS GAVE NO RIGHT TO LUMP-SUM PAYMENT IN THE ABSENCE OF ORDERS DIRECTING THE PERFORMANCE OF SUCH ACTIVE DUTY. SINCE YOUR APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, SPECIFICALLY PROVIDED THAT YOU WERE NOT TO PERFORM ANY DUTY THEREUNDER UNLESS SO DIRECTED BY COMPETENT ORDERS AND SINCE THE RECORD DOES NOT SHOW YOU WERE ISSUED SUCH ORDERS, YOUR ACTIVE DUTY STATUS AS AN AIR CORPS RESERVE OFFICER TERMINATED ON JUNE 1, 1947. THEREFORE, YOU WERE NOT ENTITLED TO THE AIR CORPS RESERVE LUMP-SUM BONUS FOR ANY PERIOD OF SERVICE IN SOME OTHER CAPACITY AFTER THAT DATE. THUS, YOU ARE NOT ENTITLED TO THE BONUS FOR THE PERIOD CLAIMED, AND WERE ERRONEOUSLY PAID SUCH BONUS FOR THE PERIOD FROM JUNE 2, 1947, TO JANUARY 13, 1948, DURING WHICH PERIOD YOU HAD NO ACTIVE DUTY STATUS AS AN AIR CORPS RESERVE OFFICER. ACCORDINGLY, OUR CLAIMS DIVISION WILL FURNISH YOU A CORRECTED STATEMENT OF YOUR INDEBTEDNESS TO THE GOVERNMENT, INCLUDING THE AMOUNT OF THE ERRONEOUS BONUS PAYMENT, AND STEPS SHOULD BE TAKEN TO LIQUIDATE SUCH INDEBTEDNESS PROMPTLY.

AS TO YOUR CLAIM FOR INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT FOR THE PERIOD OCTOBER 1, 1949, THROUGH MAY 31, 1950, THE ADJUSTMENT AND RECORDS BRANCH, MILITARY PAY DIVISION, AIR FORCE ACCOUNTING AND FINANCE CENTER, UNITED STATES AIR FORCE, DENVER, COLORADO, HAS ADVISED US THAT BY LETTER OF SEPTEMBER 20, 1957, YOU WERE REQUESTED TO FURNISH EVIDENCE TO SUBSTANTIATE YOUR CLAIM, AND THAT YOU HAD NOT DONE SO. IN THE ABSENCE OF SUCH EVIDENCE WHICH WOULD ENABLE THE DEPARTMENT OF THE AIR FORCE TO FORWARD YOUR CLAIM HERE WITH AN ADMINISTRATIVE REPORT AS TO THE FACTS, THIS OFFICE IS UNABLE TO DETERMINE THE VALIDITY OF YOUR CLAIM.

Jan 19, 2021

Jan 14, 2021

Looking for more? Browse all our products here