B-132159, SEP. 20, 1957
Highlights
RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JULY 24. WHILE YOU WERE RECEIVING RETIRED PAY ON ACCOUNT OF SERVICE AS AN OFFICER OF THE ARMY OF THE UNITED STATES. WHILE YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU WERE A MEMBER OF THE OFFICERS' RESERVE CORPS AT ANY TIME DURING THE PERIOD INVOLVED. SHOWS THAT YOU WERE APPOINTED MAJOR. THAT YOU HAVE HAD NO RESERVE STATUS SINCE THAT TIME. YOU WERE EXEMPT FROM THE DUAL COMPENSATION RESTRICTIONS OF THE ECONOMY ACT WHILE YOU WERE A MEMBER OF THE OFFICERS' RESERVE CORPS AND SINCE IT APPEARS THAT YOUR MEMBERSHIP IN THE OFFICERS' RESERVE CORPS CONTINUED UNTIL APRIL. REPORTED THAT YOU WERE PAID A TOTAL OF $4. IS BEING ADVISED THAT THE AMOUNT OF YOUR INDEBTEDNESS TO THE GOVERNMENT SHOULD BE REDUCED FROM THE $5.
B-132159, SEP. 20, 1957
TO CAPTAIN ROBERT L. JACKSON, AUS, RETIRED:
REFERENCE IS MADE TO YOUR LETTER OF JULY 24, 1957, CONCERNING THE MATTER OF YOUR INDEBTEDNESS TO THE GOVERNMENT ARISING OUT OF COMPENSATION PAID TO YOU AS AN EMPLOYEE OF THE FORT BRAGG OFFICERS' OPEN MESS FROM AUGUST 8, 1952, TO FEBRUARY 24, 1955, WHILE YOU WERE RECEIVING RETIRED PAY ON ACCOUNT OF SERVICE AS AN OFFICER OF THE ARMY OF THE UNITED STATES, CONTRARY TO THE DUAL COMPENSATION RESTRICTIONS OF SECTION 212 OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 59A.
WHILE YOU HAVE FURNISHED NO INFORMATION SHOWING THAT YOU WERE A MEMBER OF THE OFFICERS' RESERVE CORPS AT ANY TIME DURING THE PERIOD INVOLVED, A REPORT FROM THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, DATED JULY 31, 1957, SHOWS THAT YOU WERE APPOINTED MAJOR, SIGNAL RESERVE, IN JULY 1947; THAT SUCH COMMISSION TERMINATED APRIL 1, 1953; AND THAT YOU HAVE HAD NO RESERVE STATUS SINCE THAT TIME. UNDER THE RULINGS IN THE CASE OF TANNER V. UNITED STATES, 129 C.CLS. 792, AND OUR DECISION OF MARCH 2, 1956, 35 COMP. GEN. 497, YOU WERE EXEMPT FROM THE DUAL COMPENSATION RESTRICTIONS OF THE ECONOMY ACT WHILE YOU WERE A MEMBER OF THE OFFICERS' RESERVE CORPS AND SINCE IT APPEARS THAT YOUR MEMBERSHIP IN THE OFFICERS' RESERVE CORPS CONTINUED UNTIL APRIL, 1, 1953 (35 COMP. GEN. 504), YOU MAY RETAIN THE COMPENSATION PAID YOU AS AN EMPLOYEE OF THE FORT BRAGG OFFICERS' OPEN MESS FROM AUGUST 8, 1952, TO APRIL 1, 1953. IN A LETTER DATED AUGUST 21, 1957, THE ASSISTANT SECRETARY, FORT BRAGG OFFICERS' OPEN MESS, REPORTED THAT YOU WERE PAID A TOTAL OF $4,236 FOR THE PERIOD APRIL 2, 1953, TO FEBRUARY 24, 1954, INCLUDING $38.50 OVERTIME AND TWO WEEKS' VACATION PAY, AS COMPENSATION FOR YOUR SERVICES AT THAT MESS.
THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IS BEING ADVISED THAT THE AMOUNT OF YOUR INDEBTEDNESS TO THE GOVERNMENT SHOULD BE REDUCED FROM THE $5,441, PREVIOUSLY REPORTED, TO $4,236.