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B-49360, AUGUST 10, 1945, 25 COMP. GEN. 170

B-49360 Aug 10, 1945
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MAY BE PAID ON A PRORATED BASIS IN THE CASE OF A NAVAL AVIATION RESERVE OFFICER WHO WAS KILLED IN LINE OF DUTY BEFORE COMPLETING ONE YEAR'S ACTIVE SERVICE. ALTHOUGH HE WAS IMMEDIATELY TRANSFERRED TO A DIFFERENT CLASSIFICATION AND THEREUPON ORDER TO ACTIVE DUTY. OFFICERS WHOSE COMMISSIONS IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE PROVISIONS OF THE NAVAL AVIATION RESERVE ACT OF 1939 OR THE NAVAL AVIATION CADET ACT OF 1942 ARE TERMINATED SO THAT THEY MIGHT ACCEPT COMMISSIONS IN THE REGULAR NAVY OR MARINE CORPS UNDER THE PROVISIONS OF SECTION 2 OF THE NAVAL AVIATION PERSONNEL ACT OF 1940 ARE NOT ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED BY SECTION 12 OF THE 1942 ACT FOR AVIATION RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY.

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B-49360, AUGUST 10, 1945, 25 COMP. GEN. 170

LUMP-SUM PAYMENTS UNDER NAVAL AVIATION CADET ACT OF 1942 THE LUMP SUM OF $500 FOR EACH YEAR OF ACTIVE SERVICE AUTHORIZED BY SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942, AS AMENDED, MAY BE PAID ON A PRORATED BASIS IN THE CASE OF A NAVAL AVIATION RESERVE OFFICER WHO WAS KILLED IN LINE OF DUTY BEFORE COMPLETING ONE YEAR'S ACTIVE SERVICE. COMPARE 24 COMP. GEN. 560. THE RELEASE--- OTHER THAN AT HIS OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION--- OF A NAVAL RESERVE OFFICER FROM ACTIVE DUTY AS AN OFFICER COMMISSIONED PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942, ALTHOUGH HE WAS IMMEDIATELY TRANSFERRED TO A DIFFERENT CLASSIFICATION AND THEREUPON ORDER TO ACTIVE DUTY, CONSTITUTED A "RELEASE FROM ACTIVE DUTY" AS CONTEMPLATED BY SECTION 12 OF THE ACT, ENTITLING HIM TO PAYMENT OF THE LUMP SUM PROVIDED BY SAID SECTION. OFFICERS WHOSE COMMISSIONS IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE PROVISIONS OF THE NAVAL AVIATION RESERVE ACT OF 1939 OR THE NAVAL AVIATION CADET ACT OF 1942 ARE TERMINATED SO THAT THEY MIGHT ACCEPT COMMISSIONS IN THE REGULAR NAVY OR MARINE CORPS UNDER THE PROVISIONS OF SECTION 2 OF THE NAVAL AVIATION PERSONNEL ACT OF 1940 ARE NOT ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED BY SECTION 12 OF THE 1942 ACT FOR AVIATION RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, AUGUST 10, 1945.

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 25, TRANSMITTING A LETTER DATED APRIL 21, 1945, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS AND REQUESTING A DECISION ON CERTAIN QUESTIONS RAISED THEREIN RESPECTING THE LUMP-SUM PAYMENTS AUTHORIZED BY SECTION 12 OF THE NAVAL AVIATION CADET ACT OF AUGUST 4, 1942, 56 STAT. 738, AS AMENDED BY THE ACT OF OCTOBER 25, 1943, 57 STAT. 574.

THE LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS AS FOLLOWS:

REF: (A) CLAIM NO. 10984409 IN THE CASE OF ENSIGN WM. GEORGE

LOGAN, JR; USN, DISALLOWED BY GENERAL ACCOUNTING

OFFICE ON 20 JUL 1942.

(B) SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942,

APPROVED AUGUST 4, 1942 (56 STAT. 738.)

(C) ACT OF OCTOBER 25, 1943 (57 STAT. 574,) AMENDING REF

(B.)

(D) DECISION OF COMP. GEN. B-41115, DATED 4 SEP 1944.

(E) DECISION OF COMP. GEN. B-45457, DATED 27 JAN 1945.

ENCL.: (A) A-V (N) BENEFICIARY SLIP EXECUTED BY ENSIGN EARL

ELDRIDGE GARWICK, USNR.

(B) APPLICATION OF MRS. BERNICE L. GARWICK DATED 14 FEB

1945, FOR LUMP SUM PAYMENT.

(C) COPY OF TRANSCRIPT OF SERVICE DATED 31 JAN 1945 IN THE

CASE OF ENSIGN GARWICK.

(D) BUPERS TR 350926 P 53243 IS, DATED 24 FEB 1945.

1. THE LANGUAGE IN SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942, IN SO FAR AS IT RELATES TO PERIOD OF CONTINUOUS ACTIVE DUTY OR SERVICE AS A COMMISSIONED OFFICER REQUIRED TO QUALIFY FOR LUMP SUM PAYMENT THEREUNDER, AND IN SO FAR AS IT RELATES TO PRORATING THE SPECIFIED INCREMENT OF LUMP SUM FOR FRACTIONAL PARTS OF A YEAR OF SUCH ACTIVE COMMISSIONED SERVICE, IS IDENTICAL TO THE LANGUAGE CONTAINED IN SECTION 2 OF THE ACT OF JUNE 16, 1936 (49 STAT. 154,) AUTHORIZING PAYMENT OF COMPARABLE LUMP SUM TO AN AIR CORPS RESERVE OFFICER ON RELEASE FROM ACTIVE DUTY.

2. REF (B) HAS BEEN INTERPRETED HERETOFORE TO MEAN THAT ENTITLEMENT TO LUMP SUM DID NOT ACCRUE UNLESS THE OFFICER CONCERNED PERFORMED AT LEAST ONE YEAR OF CONTINUOUS ACTIVE DUTY IN COMMISSIONED STATUS, AND THAT THE AUTHORITY TO PRORATE THE LUMP SUM FOR A FRACTIONAL PART OF A YEAR'S SERVICE (SEE ART. 2145-3 (B) (1), SANDA MANUAL). THE RULING OF THE COMPTROLLER GENERAL IN REF (E) INDICATES THAT SUCH INTERPRETATION IS INCORRECT, AND THAT CERTAIN RESERVE OFFICERS (FORMER AVIATION CADETS), AND THEIR BENEFICIARIES, WHOSE ACTIVE DUTY STATUS HAS BEEN TERMINATED BY ORDERS OF COMPETENT AUTHORITY, OR BY DEATH, PRIOR TO COMPLETION OF ONE YEAR'S ACTIVE COMMISSIONED SERVICE, HAVE BEEN DEPRIVED OF LUMP SUM PAYMENT DUE THEM UNDER REFS (B) AND (C). A CASE IN POINT NOW PENDING SETTLEMENT IS THAT OF ENSIGN GARWICK, WHO WAS APPOINTED AN AVIATION CADET ON 7 AUG 1942, ACCEPTED APPOINTMENT AS ENSIGN A-V (N) ON 8 FEB 1944 TO RANK FROM 16 JAN 1944, AND WHO WAS KILLED IN AN AIRPLANE CRASH ON 15 JUL 1944. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER THE BENEFICIARY OF THIS OFFICER, MRS. BERNICE LEWIS GARWICK, IS ENTITLED TO LUMP SUM PAYMENT PRORATED FOR FRACTIONAL PART OF THE YEAR FROM 8 FEB TO 15 JUL 1944.

3. ALSO, IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER AN OFFICER COMMISSIONED IN THE NAVAL RESERVE AS AUTHORIZED BY LAW AFTER SUCCESSFUL COMPLETION OF TRAINING AS AN AVIATION CADET, WHO IS RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION PRIOR TO COMPLETION OF ONE YEAR'S ACTIVE COMMISSIONED SERVICE, IS ENTITLED TO LUMP SUM PAYMENT PRORATED FOR THE FRACTIONAL PART OF THE YEAR SERVED. ILLUSTRATIVE OF THIS TYPE OF CASE IS THAT OF AN OFFICER WHO ENLISTED IN THE RATING OF AVIATION CADET PRIOR TO 4 SEP 1942, WAS COMMISSIONED AS ENSIGN A-V (N) USNR AND COMMENCED ACTIVE DUTY IN THAT STATUS ON 8 OCT 1943. PURSUANT TO DIRECTIVE CONTAINED IN BUREAU OF NAVAL PERSONNEL ORDERS OF 19 SEP 1944, HE WAS RELEASED FROM ACTIVE DUTY ON 26 SEP 1944, TRANSFERRED FROM CLASS A-V (N) TO CLASS A-V (S) USNR, AND REPORTED FOR ACTIVE DUTY ON 28 SEP 1944.

4. THE APPOINTMENT OF ENSIGN WILLIAM GEORGE LOGAN, JR., USN, AS ENSIGN A- V (N) USNR UNDER THE NAVAL RESERVE ACT OF 1939 (53 STAT. 819), WAS TERMINATED ON 6 MAR 1941 TO PERMIT ACCEPTANCE ON THE FOLLOWING DAY OF COMMISSION IN THE REGULAR NAVY UNDER AUTHORITY OF SECTION 2 OF THE ACT OF AUGUST 27, 1940 (54 STAT. 685). SUCH TERMINATION OF APPOINTMENT AUTOMATICALLY RELEASED HIM FROM ACTIVE DUTY, AND TERMINATED STATUS AS A COMMISSIONED OFFICER CLASS A-V (N) IN THE NAVAL RESERVE. ENSIGN LOGAN FILED CLAIM FOR LUMP SUM PAYMENT UNDER THE PROVISIONS OF SECTION 6 OF THE CITED ACT, BUT SUCH CLAIM WAS DISALLOWED FOR THE FOLLOWING REASONS:

"THE PAYMENT OF THE ALLOWANCE OF $500 PER ANNUM IS CONSIDERED TO BE A BONUS FOR THOSE MEMBERS OF THE NAVAL RESERVE WHO SERVED IN A COMMISSIONED STATUS, UPON COMPLETION OF THE COURSE OF THE CADET TRAINING, WHEN SUCH MEMBERS OF THE RESERVE ARE SEPARATED FROM THE SERVICE BY RELEASE FROM ACTIVE DUTY AND RETURN TO CIVIL LIFE.'

"SINCE YOUR TERMINATION OF COMMISSION IN THE UNITED STATES NAVAL RESERVE WAS NOT A COMPLETE SEPARATION FROM THE SERVICE WITH RETURN TO CIVIL LIFE, NO BREAK OCCURRING IN YOUR SERVICE BY REASON OF IMMEDIATE ACCEPTANCE OF COMMISSION AS ENSIGN, UNITED STATES NAVY, YOU ARE, ACCORDINGLY, NOT ENTITLED TO PAYMENT WITHIN THE PURVIEW OF SECTION 6, OF THE ACT OF AUGUST 27, 1940, GRANTING LUMP-SUM PAYMENTS TO COMMISSIONED MEMBERS OF THE UNITED STATES NAVAL RESERVE WHO ARE RELEASED FROM ACTIVE DUTY.'

THE COMPTROLLER GENERAL, IN REF. (D), CONSIDERED THE QUESTION OF WHETHER CAPTAIN OSCAR J. CAMP, JR., USMCR (AV) WAS ENTITLED TO LUMP SUM PAYMENT AUTHORIZED IN REF. (B) UNDER CONDITIONS INVOLVING AN ANALOGOUS SITUATION IN THAT NO BREAK IN CONTINUOUS ACTIVE DUTY STATUS WAS OCCASIONED BY CHANGE IN CLASSIFICATION. UNDER ORDERS OF 10 JAN. 1944, CAPTAIN CAMP, AS OF 21 JAN. 1944, WAS RELEASED FROM ACTIVE DUTY AS AN AVIATOR ( NAVC) AND, PURSUANT TO ORDERS OF THE SAME DATE, HE WAS RETURNED TO ACTIVE DUTY, EFFECTIVE 22 JAN. 1944, AS A MEMBER OF THE MARINE CORPS RESERVE (AV). THIS CASE IT WAS HELD THAT CAPTAIN CAMP WAS ENTITLED TO LUMP SUM PAYMENT, INASMUCH, AS HIS CONTINUOUS COMMISSIONED ACTIVE DUTY AS A NAVAL AVIATOR, COMMISSIONED PURSUANT TO THE NAVAL RESERVE AVIATION ACT OF 1939, TERMINATED UPON HIS RELEASE FROM ACTIVE DUTY ON 21 JAN. 1944, AND THE CONCLUSION WAS REACHED THAT THE RELEASE FROM ACTIVE DUTY AS A NAVAL AVIATOR AND THE ASSIGNMENT TO DUTIES AS A GROUND OFFICER CONSTITUTED A RELEASE FROM ACTIVE DUTY CONTEMPLATED BY THE STATUTE AUTHORIZING PAYMENT OF LUMP SUM. A SOMEWHAT ANALOGOUS CASE WAS CONSIDERED IN 23 COMP. GEN. 376, IN WHICH IT WAS HELD THAT TRANSFER OF AN OFFICER OF CLASS A-V (N) USNR TO THE RETIRED LIST OF THE REGULAR NAVY WITH RETIRED PAY, ALTHOUGH CONTINUED ON ACTIVE DUTY IN THE LATTER STATUS, PROPERLY IS TO BE REGARDED AS A RELEASE FROM ACTIVE DUTY CONTEMPLATED BY THE STATUTES SO AS TO AUTHORIZE PAYMENT AT THAT TIME OF THE LUMP SUM AMOUNTS ACCRUED FOR CONTINUOUS COMMISSIONED ACTIVE SERVICE THERETOFORE PERFORMED, IRRESPECTIVE OF ANY SUBSEQUENT ACTIVE DUTY AS A RETIRED OFFICER AND IRRESPECTIVE OF WHETHER SUCH DUTY AS A RETIRED OFFICER FOLLOWS IMMEDIATELY UPON TRANSFER TO THE RETIRED LIST OR FOLLOWS AN INTERVAL IN AN INACTIVE STATUS.

5. IN VIEW OF THE FOREGOING, IT ALSO IS RECOMMENDED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER AN OFFICER (FORMER AVIATION CADET) COMMISSIONED PURSUANT TO THE AUTHORITY CONTAINED IN THE NAVAL AVIATION RESERVE ACT OF 1939 OR THE NAVAL AVIATION CADET ACT OF 1942, WHOSE APPOINTMENT HAS BEEN TERMINATED HERETOFORE OR HEREAFTER FOR THE PURPOSE OF ACCEPTING A COMMISSION IN THE REGULAR NAVY AS AUTHORIZED IN SECTION 2 OF THE ACT OF AUGUST 27, 1940, IS ENTITLED TO LUMP SUM PAYMENT OTHERWISE PROPERLY PAYABLE UNDER THE STATUTES IN EFFECT ON DATE OF TERMINATION OF SUCH APPOINTMENT.

SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942, AS ORIGINALLY ENACTED, PROVIDED AS FOLLOWS:

WHEN OFFICERS COMMISSIONED PURSUANT TO THIS ACT OR TO THE NAVAL AVIATION RESERVE ACT OF 1939 (53 STAT. 819) ARE RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, THEY, OR IN THE EVENT OF THE DEATH OF SUCH OFFICERS AFTER CONTINUOUS ACTIVE DUTY FOR ONE OR MORE YEARS, THE BENEFICIARIES SPECIALLY DESIGNATED IN THE MANNER PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF CONTINUOUS COMMISSIONED ACTIVE SERVICE, AND IN THE EVENT OF THEIR DEATH NOT THE RESULT OF THEIR OWN MISCONDUCT, OR IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON THEIR OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION, THIS LUMP SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH SERVICE: PROVIDED, THAT THE LUMP SUM PAYMENTS AUTHORIZED HEREIN SHALL ACCRUE FOR NOT MORE THAN SEVEN YEARS AND SHALL BE IN ADDITION TO ANY PAY, ALLOWANCE, COMPENSATION, OR BENEFITS WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE: PROVIDED FURTHER, THAT THE PROVISIONS OF THIS SECTION, EXCEPT THOSE OF THE FIRST PROVISO HEREOF, MAY BE SUSPENDED DURING WAR OR NATIONAL EMERGENCY WHEN THE PRESIDENT SHALL SO DIRECT, AS TO ALL OFFICERS WHO WERE FORMERLY ENLISTED IN THE GRADE OF AVIATION CADET OR TRANSFERRED TO THAT ENLISTED GRADE MORE THAN THIRTY DAYS AFTER THE DATE OF APPROVAL OF THIS ACT. SUCH SECTION WAS AMENDED BY THE ACT OF OCTOBER 25, 1943, AS FOLLOWS:

THAT SECTION 12 OF THE AVIATION CADET ACT OF 1942 (56 STAT. 738, 34 U.S.C. 850K) IS HEREBY AMENDED BY INSERTING AFTER THE COMMA FOLLOWING THE WORD " NAVY," IN LINE 6, THE FOLLOWING: "OR, IF NO BENEFICIARY HAS BEEN SPECIALLY DESIGNATED, THE WIDOW OF SUCH OFFICER, AND IF THERE BE NO WIDOW, HIS CHILD OR CHILDREN, AND IF THERE BE NEITHER WIDOW NOR CHILD, THE REPRESENTATIVE OF THE OFFICER'S ESTATE.'

SEC. 2. THIS ACT SHALL BE EFFECTIVE FROM AUGUST 4, 1942.

THE PERTINENT LANGUAGE OF THE QUOTED SECTION, AS AMENDED, ASIDE FROM THE PROVISIONS RESPECTING PAYMENT OF THE LUMP SUM TO THE DESIGNATED BENEFICIARY, WIDOW, CHILDREN, OR REPRESENTATIVE OF THE ESTATE OF THE OFFICER, IN THE EVENT OF HIS DEATH, IS SUBSTANTIALLY THE SAME AS THAT CONTAINED IN 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, AUTHORIZING A LUMP-SUM PAYMENT UNDER CERTAIN CONDITIONS TO MEMBERS OF THE AIR CORPS RESERVE, WHICH READS AS FOLLOWS:

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 SUCH OFFICER, AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST, OR AS A RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE AS DETERMINED BY THE SECRETARY OF WAR, SUCH LUMP-SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE. THE LUMP-SUM PAYMENTS HEREIN AUTHORIZED SHALL BE IN ADDITION TO ANY PAY, ALLOWANCES, COMPENSATION, OR BENEFITS WHICH SUCH OFFICERS MAY OTHERWISE BE ENTITLED TO RECEIVE.

IN DECISION OF JANUARY 27, 1945, 24 COMP. GEN. 560, THERE WAS CONSIDERED THE APPLICABILITY OF THE PRORATING PROVISIONS OF THE SAID 1936 ACT, AS AMENDED, IN INSTANCES WHERE LESS THAN ONE COMPLETE YEAR OF ACTIVE SERVICE AS AN AIR CORPS RESERVE OFFICER WAS RENDERED. IT WAS SAID IN THAT DECISION:

THE DIFFICULTY IN CONSTRUING THE SECTION ARISES MAINLY FROM THE APPARENT CONFLICT BETWEEN THE PHRASE "IS RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS" APPEARING IN THE FIRST PORTION OF THE SECTION AND THE PROVISION IN THE SECOND PORTION THEREOF THAT IF AN OFFICER IS RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON HIS OWN REQUEST OR BY REASON OF DISCIPLINARY ACTION BY THE SECRETARY OF WAR, THE LUMP SUM SHALL BE PRORATED "FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH ACTIVE SERVICE.' IF, AS MIGHT BE ADDUCED FROM THE FIRST PORTION OF THE SECTION, THE RIGHT TO ANY LUMP-SUM PAYMENT ACCRUES ONLY UPON RELEASE FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, THE PROVISION RESPECTING THE PRORATION OF THE LUMP SUM NECESSARILY IS REQUIRED TO BE CONSTRUED AS HAVING REFERENCE TO FRACTIONAL PARTS OF A YEAR AFTER COMPLETION OF THE FIRST YEAR OF ACTIVE SERVICE IN ORDER TO HARMONIZE THE TWO PROVISIONS. BUT SUCH CONSTRUCTION WOULD SEEM TO DISREGARD THE SPECIFIC PROVISION OF THE STATUTE THAT UNDER CERTAIN CONDITIONS THE LUMP SUM SHALL BE PRORATED FOR "FRACTIONAL PARTS" OF "EACH" YEAR OF SUCH ACTIVE SERVICE, WHICH WOULD INCLUDE FRACTIONAL PARTS OF THE FIRST YEAR AS WELL AS SUBSEQUENT YEARS. HOWEVER, IT APPEARS THAT THE STATUTE PROPERLY IS SUSCEPTIBLE OF A CONSTRUCTION WHEREBY ITS PROVISIONS ARE BROUGHT INTO HARMONY AND EFFECT IS GIVEN TO EACH WORD THEREIN. THAT IS, THE FIRST PORTION OF THE SECTION REASONABLY MAY BE REGARDED AS DIRECTING THE PAYMENT OF FIXED SUM INCREMENTS TO AIR CORPS RESERVE OFFICERS WHO HAVE BEEN ON ACTIVE DUTY FOR ONE OR MORE COMPLETE YEARS, WITHOUT REGARD TO THE REASON FOR THEIR RELEASE FROM ACTIVE DUTY, RATHER THAN AS PRESCRIBING, AS A CONDITION PRECEDENT TO PAYMENT IN ANY CASE, THAT SUCH ACTIVE DUTY BE CONTINUOUS FOR "ONE OR MORE YEARS.' IT IS TO BE NOTED, IN SUCH CONNECTION THAT THE STATUTE USES THE TERM "ONE OR MORE ARS," AND NOT "ONE YEAR OR MORE," SPEAKING AT THAT POINT, OF FULLY COMPLETED YEARLY INCREMENTS, AS A BASIS FOR PAYING THE FIXED $500 INCREMENTS, WITHOUT REFERENCE TO THE REASON FOR RELEASE FROM ACTIVE DUTY. PROVISION THUS HAVING BEEN MADE FOR PAYMENT OF THE LUMP SUM FOR "EACH COMPLETE EAR" OF SERVICE, IRRESPECTIVE OF THE REASON FOR THE OFFICER'S RELEASE, THE SECOND PORTION OF THE SECTION RESPECTING THE PRORATING OF SUCH LUMP SUM PAYMENTS FOR "FRACTIONAL PARTS OF EACH YEAR HAVE NOT BEEN SERVED BECAUSE OF RELEASE FROM ACTIVE DUTY OTHERWISE THAN UPON THE REQUEST OF THE OFFICER OR AS A RESULT OF INEFFICIENT OR UNSATISFACTORY SERVICE, AND, IN THAT RESPECT, THE WORDS ,OF SUCH ACTIVE SERVICE" ARE MORE REASONABLY TO BE VIEWED AS RELATING BACK TO THE MORE IMMEDIATELY PRECEDING PHRASE "ACTIVE SERVICE AS AN OFFICER," RATHER THAN TO THE MORE REMOTE PHRASE "ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS.'

THE CONGRESS HAVING PROVIDED SPECIFICALLY FOR PAYMENT OF THE LUMP SUM ON A PRORATED BASIS IN CASES WHERE OFFICERS, THROUGH NO FAULT OF THEIR OWN, ARE PREVENTED FROM COMPLETING FULL YEARS OF SERVICE, THERE APPEARS NO REASONABLE BASIS TO ATTRIBUTE TO THE CONGRESS AN INTENT TO LIMIT THE OPERATION OF SUCH PROVISION TO THOSE INSTANCES WHERE OFFICERS ARE RELEASED BETWEEN ANNIVERSARY DATES OF THEIR APPOINTMENTS AFTER HAVING SERVED ONE FULL YEAR. ON THE CONTRARY, SINCE THE CONSIDERATIONS WHICH PROMPTED THE AUTHORIZATION OF PRORATED PAYMENTS TO SUCH OFFICERS WOULD BE PRESENT IN THE CASES OF OFFICERS RELEASED FOR REASONS BEYOND THEIR CONTROL BEFORE THE EXPIRATION OF THE FIRST YEAR OF ACTIVE SERVICE, THE SAME AS IN THE CASES OF OFFICERS RELEASED THEREAFTER, IT IS REASONABLE TO ASSUME, IN THE ABSENCE OF A CLEAR SHOWING TO THE CONTRARY, THAT THE LEGISLATIVE INTENT WAS TO PROVIDE THE BENEFIT OF PRORATED PAYMENTS TO ALL SUCH OFFICERS. MOREOVER, WHEN IT IS CONSIDERED THAT SUCH LUMP-SUM PAYMENTS WERE AUTHORIZED, NOT AS A MERE GRATUITY, BUT AS IN THE NATURE OF ADDITIONAL COMPENSATION TO THOSE WHO OBLIGATED THEMSELVES TO SERVE PROTRACTED PERIODS ON ACTIVE DUTY AS AIR CORPS RESERVE OFFICERS, THE CONCLUSION APPEARS WARRANTED THAT THE CONGRESS DID NOT INTEND THAT SUCH BENEFIT SHOULD BE DENIED THOSE OFFICERS WHO, THROUGH NO FAULT OF THEIR OWN, WERE PREVENTED FROM COMPLETING ANY PARTICULAR PERIOD OF ACTIVE DUTY. * * *

CONSIDERING THE ESSENTIALLY SIMILAR PHRASEOLOGY OF THE TWO STATUTES, THE CONSTRUCTION PLACED UPON THE LANGUAGE OF THE SAID 1936 ACT, AS AMENDED, IN THE DECISION OF JANUARY 27, 1945, IS EQUALLY FOR APPLICATION TO THE LANGUAGE EMPLOYED IN THE SAID SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942, AS AMENDED, IN THE ABSENCE OF A CLEAR SHOWING OF AN INTENT OF THE CONGRESS TO THE CONTRARY.

PAYMENT OF A LUMP SUM ON THE BASIS OF ANNUAL INCREMENTS OF $500 WAS AUTHORIZED INITIALLY BY SECTION 6 OF THE NAVAL AVIATION PERSONNEL ACT OF AUGUST 27, 1940, 54 STAT. 865, WHICH PROVIDED:

WHEN OFFICERS COMMISSIONED IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION RESERVE ACT OF 1939 ARE RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, THEY SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE OTHER THAN DUTY AS AVIATION CADETS UNDERGOING TRAINING AND IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON THEIR OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION, THIS LUMP-SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACH YEAR OF SUCH SERVICE. THE LUMP-SUM PAYMENTS AUTHORIZED HEREIN SHALL BE IN ADDITION TO ANY PAY, ALLOWANCE, COMPENSATION, OR BENEFITS WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE.

REPORT NO. 391, AT PAGE 3522, OF THE HEARING HELD JUNE 10, 1940, BY THE COMMITTEE ON NAVAL AFFAIRS, HOUSE OF REPRESENTATIVES, ON THE BILL H.R. 10030, WHICH SUBSEQUENTLY WAS ENACTED INTO LAW AS THE SAID ACT OF AUGUST 27, 1940, CONTAINS THE FOLLOWING STATEMENT BY ADMIRAL NIMITZ RESPECTING SECTION 6:

IN ORDER TO MAKE THE BONUS FOR SUCH SERVICE ATTRACTIVE, IT IS CONSIDERED EQUITABLE THAT IT SHOULD BE BASED ON LENGTH OF SERVICE, AND THAT UPON RELEASE FROM ACTIVE DUTY FOR THE CONVENIENCE OF THE GOVERNMENT, A BONUS OF $500 BE PAID FOR EACH YEAR OF COMMISSIONED SERVICE, PRORATED TO DATE OF RELEASE. IN CASE THE OFFICER IS RELEASED FOR HIS OWN CONVENIENCE OR FOR DISCIPLINARY REASONS, IT SHOULD BE COMPUTED ON A BASIS OF EACH FULL YEAR OF SERVICE. ( ITALICS SUPPLIED.) LANGUAGE IDENTICAL TO THAT QUOTED ABOVE IS CONTAINED BOTH IN REPORT NO. 2498, JUNE 11, 1940, COMMITTEE ON NAVAL AFFAIRS, HOUSE OF REPRESENTATIVES, AND REPORT NO. 1947, JULY 8, 1940, COMMITTEE ON NAVAL AFFAIRS, UNITED STATES SENATE, ON SUCH BILL. THERE APPEARS NO REASON TO DOUBT THAT SUCH STATEMENT CONTEMPLATED THAT THE ALLOWANCE WOULD BE PRORATED FOR THE FIRST AS WELL AS SUBSEQUENT YEARS WHERE THE OFFICER WAS RELEASED FOR THE CONVENIENCE OF THE GOVERNMENT.

THE SAID SECTION 6 OF THE NAVAL AVIATION PERSONNEL ACT OF 1940 WAS REPEALED BY SECTION 15 (C) OF THE NAVAL AVIATION CADET ACT OF 1942, 56 STAT. 739, AND THERE WAS SUBSTITUTED THEREFOR SECTION 12 OF THE LATTER AC QUOTED ABOVE. WITH RESPECT TO THE SUBSTITUTED SECTION, IN THE COURSE OF ENACTMENT IT WAS STATED IN REPORT NO. 2357, JULY 20, 1942, COMMITTEE ON NAVAL AFFAIRS, HOUSE OF REPRESENTATIVES, AND REPEATED IN REPORT NO. 1565, JULY 27, 1942, SENATE COMMITTEE ON NAVAL AFFAIRS, THAT --

SECTION 12 PROVIDES FOR LUMP-SUM PAYMENTS WITH MINIMUM REQUIREMENT OF 1 YEAR OF COMMISSIONED FLYING SERVICE SUBSEQUENT TO AVIATION TRAINING AND LIMITATION OF 7 YEARS' TOTAL OF BONUS PAYMENTS. INASMUCH AS THIS LUMP-SUM PAYMENT IS CONSIDERED AS EARNED, OFFICERS WILL BE PERMITTED TO DESIGNATE BENEFICIARIES WHO WILL RECEIVE SUCH PAYMENT IN THE EVENT OF THEIR DEATH NOT THE RESULT OF THEIR OWN MISCONDUCT. THE BENEFICIARIES WHO MAY BE DESIGNATED IN THE GOVERNMENT LIFE-INSURANCE POLICIES AND TO RECEIVE THE 6- MONTH DEATH GRATUITY ARE DIFFERENT LIMITED CLASSES OF RELATIVES AND DEPENDENTS. UNDER THE OLD ACT THE BONUS WAS ESTABLISHED TO STIMULATE APPLICATIONS. IN WARTIME SUCH STIMULUS MIGHT OR MIGHT NOT BE DESIRABLE OR NECESSARY, WHEREFORE A PROVISO FOR SUSPENSION DURING WAR OR NATIONAL EMERGENCY IS INCORPORATED. THE SPECIAL PROVISION FOR PRORATING THE ANNUAL LUMP-SUM PAYMENT FOR FRACTIONAL PARTS OF A YEAR IS DEEMED NECESSARY FOR FAIR ADMINISTRATION OF THE ACT.

WHILE THE FIRST SENTENCE OF SUCH STATEMENT SPEAKS OF A "MINIMUM REQUIREMENT" OF 1 YEAR OF COMMISSIONED FLYING SERVICE, THAT APPARENTLY HAD REFERENCE TO THE BASIC OR GENERAL PROVISION WITH RESPECT TO SERVICE THAT "HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS," WITHOUT REGARD TO THE REASON FOR THE RELEASE FROM ACTIVE DUTY, AND IS NOT VIEWED AS HAVING REFERENCE TO THE SUBSEQUENT "SPECIAL PROVISION," MENTIONED IN THE LAST SENTENCE OF SUCH STATEMENT, FOR PRORATING SUCH LUMP-SUM PAYMENTS FOR FRACTIONAL PARTS OF "EACH YEAR" OF SUCH SERVICE, UNDER CERTAIN SPECIFIED CONDITIONS. IN ANY EVENT, SUCH REFERENCE IN THE COMMITTEE REPORTS TO MINIMUM REQUIREMENT, AS READ IN ITS CONTEXT, SCARCELY WOULD WARRANT PLACING A DIFFERENT CONSTRUCTION ON THE WORDS OF THE STATUTE THAN GIVEN THE SAME TERMS IN THE CONCURRENT ARMY STATUTE.

ACCORDINGLY, IN ANSWER TO THE QUESTION PRESENTED IN PARAGRAPH 2 OF THE LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, YOU ARE ADVISED THAT MRS. GARWICK, THE DESIGNATED BENEFICIARY OF EARL ELDRIDGE GARWICK, ENSIGN, A-V (N), USNR, DECEASED, WHO IS REPORTED TO HAVE BEEN KILLED IN LINE OF DUTY PRIOR TO THE COMPLETION OF HIS FIRST YEAR OF CONTINUOUS COMMISSIONED ACTIVE SERVICE AFTER HAVING BEEN COMMISSIONED IN THE NAVAL RESERVE PURSUANT TO THE PROVISIONS OF THE NAVAL CADET ACT OF 1942, SUPRA, IS ENTITLED TO PAYMENT OF THE LUMP SUM AUTHORIZED BY SECTION 12 OF THAT ACT, AS AMENDED, PRORATED TO THE DATE OF DEATH OF THE SAID OFFICER.

CHAPTER 10, PART H, BUREAU OF NAVAL PERSONNEL MANUAL, 1942, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SECTION 4. OFFICERS, CLASS A-V (N)

H-10401. APPOINTMENTS AND DESIGNATIONS.

(1) AVIATION CADETS WHO FULFILL THE REQUIREMENTS OF LAW FOR DESIGNATION OR APPOINTMENT AS NAVAL AVIATORS MAY BE COMMISSIONED ENSIGNS, A-V (N,) U.S. NAVAL RESERVE, OR SECOND LIEUTENANTS ( NAVC), MARINE CORPS RESERVE. ONLY THOSE AVIATION CADETS SO COMMISSIONED AND SO DESIGNATED OR APPOINTED SHALL BE DEEMED TO HAVE BEEN COMMISSIONED PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942.

(4) THE DESIGNATION A-V (N) IS INTENDED TO IDENTIFY OFFICERS COMMISSIONED AND SERVING ON CONTINUOUS ACTIVE DUTY PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942 AND THE NAVAL AVIATION RESERVE ACT OF 1939. OFFICERS MAY NOT BE TRANSFERRED FROM CLASS A-V (N) TO ANY OTHER CLASS OF THE NAVAL RESERVE EXCEPT UPON RELEASE FROM ACTIVE DUTY. OFFICERS RELEASED FROM ACTIVE DUTY MAY NOT BE CONTINUED IN CLASS A-V (N.)

WITH RESPECT TO THE RIGHT OF THE OFFICER IN THE ILLUSTRATION GIVEN IN PARAGRAPH 3 OF THE LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS TO A PRORATED PAYMENT OF THE SAID LUMP SUM WHERE, AFTER HAVING BEEN COMMISSIONED AN ENSIGN, A-V (N), USNR, PURSUANT TO THE PROVISIONS OF THE SAID NAVAL AVIATION CADET ACT OF 1942, AND PRIOR TO THE EXPIRATION OF HIS FIRST COMPLETE YEAR OF COMMISSIONED SERVICE THEREUNDER, HE WAS RELEASED FROM ACTIVE DUTY, WAS TRANSFERRED TO CLASS A-V (S), USNR, AND REPORTED FOR ACTIVE DUTY UNDER THE LATTER CLASSIFICATION TWO DAYS LATER, IT WILL BE NOTED THAT THE QUOTED ARTICLE OF THE BUREAU OF NAVAL PERSONNEL MANUAL EXPRESSLY PROVIDES THAT " OFFICERS MAY NOT BE TRANSFERRED FROM CLASS A-V (N) TO ANY OTHER CLASS OF THE NAVAL RESERVE EXCEPT UPON RELEASE FROM ACTIVE DUTY," AND THAT THE DESIGNATION A-V (N) IDENTIFIES THOSE OFFICERS COMMISSIONED AND SERVING ON CONTINUOUS ACTIVE DUTY PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942 AND THE NAVAL AVIATION RESERVE ACT OF 1939. HENCE, IT APPEARS THAT SUCH A RELEASE AND TRANSFER WOULD BE A RELEASE FROM THE CONTINUOUS ACTIVE DUTY CONTEMPLATED BY THE LUMP-SUM PAYMENT PROVISIONS OF SECTION 12 OF THE SAID NAVAL AVIATION CADET ACT OF 1942, ALTHOUGH THE OFFICER THEREUPON BE ORDERED TO ACTIVE DUTY UNDER THE DIFFERENT CLASSIFICATION. COMPARE 23 COMP. GEN. 376; 24 ID. 177. IF SUCH OFFICER WAS SO RELEASED "OTHER THAN AT HIS OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION," THE PRORATING PROVISIONS OF THE STATUTE, FOR THE REASONS ALREADY GIVEN, ARE FOR APPLICATION ALTHOUGH SUCH RELEASE FROM ACTIVE DUTY WAS EFFECTED PRIOR TO THE COMPLETION OF THE FIRST FULL YEAR OF CONTINUOUS COMMISSIONED ACTIVE SERVICE, AND THE OFFICER WOULD BE ENTITLED TO PAYMENT OF THE LUMP SUM PRORATED TO THE DATE OF THE SAID RELEASE.

WHILE PARAGRAPH 4 OF THE QUOTED LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS REFERS TO THE DISALLOWED CLAIM OF WILLIAM GEORGE LOGAN, ENSIGN, U.S.N., FOR PAYMENT OF THE LUMP SUM AUTHORIZED BY SECTION 6 OF THE SAID NAVAL AVIATION PERSONNEL ACT OF AUGUST 27, 1940, UPON HIS ACCEPTANCE OF A COMMISSION IN THE REGULAR NAVY, IT IS ASSUMED THAT THE QUESTION STATED IN PARAGRAPH 5 OF THE LETTER HAS REFERENCE TO THE GENERAL PROPOSITION OF THE RIGHTS OF OFFICERS TO SUCH LUMP-SUM PAYMENTS UPON ACCEPTING COMMISSIONS IN THE REGULAR NAVY UNDER THE PROVISIONS OF SECTION 2 OF THE SAID NAVAL AVIATION PERSONNEL ACT OF 1940, 54 STAT. 864.

THE SAID SECTION 2 OF THE NAVAL AVIATION PERSONNEL ACT OF 1940 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THE PRESIDENT OF THE UNITED STATES IS AUTHORIZED TO APPOINT TO THE LINE OF THE REGULAR NAVY AND MARINE CORPS, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AS MANY NAVAL AVIATORS OF THE NAVAL AND MARINE CORPS RESERVE AS HE MAY DEEM NECESSARY AND THE AUTHORIZED NUMBER OF COMMISSIONED OFFICERS OF THE LINE OF THE NAVY AND THE MARINE CORPS IS INCREASED ACCORDINGLY. THESE OFFICERS SHALL BE APPOINTED TO THE SAME GRADE OCCUPIED BY THEM IN THE NAVAL OR MARINE CORPS RESERVE, AS THE CASE MAY BE, AT THE TIME OF SUCH APPOINTMENT AND SHALL TAKE PRECEDENCE IN SUCH GRADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8 (E) OF THIS ACT * * * .

SECTION 6 OF SUCH ACT--- QUOTED ABOVE WITH RESPECT TO THE FIRST QUESTION SUBMITTED--- AUTHORIZING THE LUMP-SUM PAYMENT UPON RELEASE FROM CONTINUOUS ACTIVE DUTY OF OFFICERS COMMISSIONED IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION RESERVE ACT OF 1939, CONTAINED NO SPECIFIC PROHIBITION AGAINST PAYMENT OF THE LUMP SUM TO SUCH OFFICERS WHO SUBSEQUENTLY SHOULD BE SELECTED FOR COMMISSION IN THE REGULAR NAVY UNDER THE PROVISIONS OF SECTION 2, SUPRA. HOWEVER, THE LEGISLATIVE HISTORY OF THE SAID 1940 STATUTE CLEARLY DISCLOSES THAT IT WAS THE INTENT OF THE CONGRESS THAT THE BENEFITS PROVIDED IN SECTIONS 2 AND 6 THEREOF, THAT IS, THE OPPORTUNITY OF RECEIVING A COMMISSION IN THE REGULAR NAVY AND THE PROVISION FOR PAYMENT OF A LUMP SUM UPON RELEASE FROM ACTIVE DUTY UNDER THE COMMISSION IN THE NAVAL RESERVE, SHOULD BE ALTERNATIVE BENEFITS--- NOT CUMULATIVE. IN REPORT NO. 391, AT PAGES 3503 AND 3525 OF THE HEARING HELD JUNE 10, 1940, BY THE HOUSE COMMITTEE ON NAVAL AFFAIRS ON THE BILL, H.R. 10030, WHICH BECAME THE SAID ACT, THERE APPEAR THE FOLLOWING STATEMENTS BY ADMIRAL NIMITZ RESPECTING THE INDUCEMENTS WHICH WOULD BE OFFERED THEREBY TO PROSPECTIVE APPLICANTS FOR COMMISSIONS IN THE NAVAL RESERVE UNDER THE NAVAL APPROPRIATION RESERVE ACT OF 1939: MAY I SUGGEST THAT THE BILL OFFERS INDUCEMENTS IN TWO FORMS--- ONE, A BONUS, AND THE OTHER THE PRIVILEGE OF COMPETING FOR A COMMISSION IN THE REGULAR NAVY. THE LATTER MAY NOT BE CONSIDERED A HIGH PRIVILEGE BECAUSE LIFE IN THE NAVY IS NOT EASY, BUT HIGHLY COMPETITIVE, AND THERE MIGHT BE SOME PENSACOLA GRADUATES WHO WILL PREFER TO TAKE THEIR BONUS AND GO INTO COMMERCIAL LIFE. WE DO NOT KNOW WHICH WOULD BE THE GREATER INDUCEMENT.

WE ARE OFFERING TWO INDUCEMENTS IN THIS BILL. SOME OF THEM WILL HAVE COMMISSIONS IN THE REGULAR NAVY, AND FOR THE OTHERS INSTEAD OF GETTING $500 AT THE END OF THEIR ACTIVE DUTY, THEY GET $500 FOR EACH YEAR OF SERVICE ON ACTIVE DUTY. ALSO, AT PAGE 4 OF REPORT NO. 2498, JUNE 11, 1940, OF THE HOUSE COMMITTEE ON NAVAL AFFAIRS, TO ACCOMPANY H.R. 10030, IT IS STATED:

THE COMMITTEE RECOGNIZES THAT TO OBTAIN SATISFACTORY APPLICATIONS STEPS MUST BE TAKEN TO OFFER INDUCEMENTS TO THE INDIVIDUALS WHO WILL COMPRISE THIS GROUP. THIS BILL DOES THIS IN TWO WAYS: FIRST, BY PROVIDING AN OPPORTUNITY FOR THOSE RESERVE AVIATORS WHO DESIRE TO DO SO, AND WHO SHOW AN ADAPTABILITY FOR IT, TO ELECT THE NAVAL PROFESSION AS A CAREER; AND SECOND, BY PROVIDING A SUBSTANTIAL BONUS FOR THOSE WHO RETURN TO CIVIL LIFE. AN IDENTICAL STATEMENT WAS CONTAINED IN THE REPORT OF THE SENATE COMMITTEE ON NAVAL AFFAIRS, REPORT NO. 1947, JULY 8, 1940, ON THE BILL.

FROM THE FOREGOING LEGISLATIVE HISTORY IT CLEARLY APPEARS THAT THE LUMP SUM AUTHORIZED BY SECTION 6 OF THE 1940 STATUTE WAS INTENDED AS A BENEFIT ACCRUING ONLY TO THOSE OFFICERS COMMISSIONED IN THE NAVAL OR MARINE CORPS RESERVE PURSUANT TO THE PROVISIONS OF THE NAVAL RESERVE ACT OF 1939 WHO WERE NOT GIVEN APPOINTMENTS IN THE REGULAR NAVY OR MARINE CORPS. THAT BEING THE INTENT OF SECTION 6 OF THE 1940 ACT, THERE WOULD APPEAR NO BASIS ON WHICH TO ASCRIBE A DIFFERENT INTENT TO THE SUBSTITUTED ESSENTIALLY SIMILAR PROVISIONS OF SECTION 12 OF THE SAID NAVAL AVIATION CADET ACT OF 1942, AS AMENDED, PARTICULARLY IN VIEW OF THE FACT THAT, AS THUS CONSTRUED, THE SAID PROVISIONS OF THE NAVY STATUTE ARE IN CONSONANCE WITH THEIR LEGISLATIVE COUNTERPART FOR ARMY PERSONNEL IN THE SAID ACT OF JUNE 16, 1936, AS AMENDED BY THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, WHICH EXPRESSLY PROVIDES THAT THE LUMP SUM AUTHORIZED THEREIN SHALL BE PAID ONLY TO AN AIR CORPS RESERVE OFFICER "WHO HAS NOT BEEN SELECTED FOR COMMISSION IN THE REGULAR ARMY.'

ACCORDINGLY, THE QUESTION PRESENTED IN PARAGRAPH 5 OF THIS LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS ANSWERED IN THE NEGATIVE.

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