B-106291, NOVEMBER 21, 1951, 31 COMP. GEN. 188

B-106291, NOVEMBER 21, 1951, 31 COMP. GEN. 188

PAY - AVIATION RESERVE OFFICERS' LUMP-SUM PAYMENTS UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 16, 1936, AS AMENDED, AUTHORIZING A LUMP-SUM PAYMENT TO AIR CORPS RESERVE OFFICERS WHO HAVE NOT BEEN SELECTED AND COMMISSIONED IN THE REGULAR ARMY AT TIME OF RELEASE FROM ACTIVE DUTY, AN OFFICER OF THE AIR CORPS RESERVE WHO, UPON RELEASE FROM THE ACTIVE DUTY, HAD NOT PERFORMED ANY ACTIVE DUTY AS AN OFFICER OF THE AIR CORPS RESERVE IS NOT ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED BY SAID ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO MILDRED O. CARNAHAN, NOVEMBER 21, 1951:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 18, 1951, WITH ENCLOSURES, IN EFFECT REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 5, 1950, WHICH DISALLOWED YOUR CLAIM FOR A LUMP-SUM PAYMENT BELIEVED TO BE DUE IN THE CASE OF YOUR LATE HUSBAND, THOMAS B. CARNAHAN, R., INCIDENT TO HIS SERVICE IN THE ARMED FORCES OF THE UNITED STATES.

THE ACTION OF THE CLAIMS DIVISION OF THIS OFFICE IN DENYING YOUR CLAIM WAS ON THE BASIS THAT YOUR HUSBAND PERFORMED NO ACTIVE DUTY UNDER HIS APPOINTMENT OF MARCH 10, 1947, AS LIEUTENANT COLONEL, AIR CORPS, OFFICERS' RESERVE CORPS, AND THAT HIS COMMISSIONED SERVICE PRIOR TO THAT DATE WAS NOT IN THE AIR CORPS RESERVE. IN YOUR LETTER OF SEPTEMBER 18, 1951, YOU STATE THAT " MY HUSBAND HAD ALWAYS BEEN A RESERVE OFFICER EITHER IN THE CAVALRY OR AIR CORPS OR AIR FORCE IN SPITE OF THE FACT HE WAS ON ACTIVE DUTY PART OF THE TIME AS AN AUS OFFICER," AND THAT YOU "COULD SEE NOTHING IN THE " BILL" THAT WAS PASSED THAT COULD POSSIBLY BE CONSIDERED OTHERWISE.'

THE RECORD OF YOUR LATE HUSBAND'S MILITARY SERVICE AS REPORTED TO THIS OFFICE BY THE DEPARTMENT OF THE AIR FORCE AND THE DEPARTMENT OF THE ARMY-- - SET FORTH IN DETAIL IN THE SETTLEMENT OF OCTOBER 5, 1950, AND THE FIRST ENDORSEMENT OF AUGUST 23, 1951, OF THE OFFICE OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, RECORDS ADMINISTRATION CENTER, ST. LOUIS 20, MISSOURI, TO THE COMMANDING OFFICER, 2347TH AIR FORCE RESERVE TRAINING CENTER, LONG BEACH AIRPORT, LONG BEACH, CALIFORNIA, ATTENTION CASUALTY ASSISTANCE CHAPLAIN, WHICH ACCOMPANIED YOUR LETTER OF SEPTEMBER 18, 1951-- - SHOWS, AMONG OTHER THINGS, THAT ON MARCH 10, 1947, HE WAS PROMOTED FROM MAJOR, ARMY OF THE UNITED STATES, TO LIEUTENANT COLONEL, ARMY OF THE UNITED STATES; THAT ON THE SAME DATE HE WAS APPOINTED LIEUTENANT COLONEL, AIR CORPS, OFFICERS' RESERVE CORPS, NOT TO PERFORM ACTIVE DUTY AS AN OFFICER UNDER SUCH APPOINTMENT UNTIL SO DIRECTED BY COMPETENT ORDERS; THAT HE SERVED AS LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, UNTIL MAY 9, 1947, WHEN HE WAS RELIEVED FROM ACTIVE DUTY BY REASON OF BEING A SURPLUS OFFICER; THAT HE ENLISTED IN THE REGULAR ARMY, AIR CORPS, IN THE GRADE OF MASTER SERGEANT ON MAY 10, 1947, AND SERVED IN THAT CAPACITY UNTIL OCTOBER 8, 1948, WHEN HE WAS DISCHARGED TO ACCEPT A COMMISSION AS MAJOR, AIR FORCE OF THE UNITED STATES; AND THAT HE SERVED AS MAJOR, AIR FORCE OF THE UNITED STATES, FROM OCTOBER 9, 1948, TO OCTOBER 18, 1949, THE DATE OF HIS DEATH. ALSO, IT WAS REPORTED THAT THERE WAS NO RECORD OF HIS HAVING SERVED ON ACTIVE DUTY UNDER HIS APPOINTMENT OF MARCH 10, 1947, IN THE AIR CORPS, OFFICERS' RESERVE CORPS.

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. 240 (10 U.S.C. 1946 ED., 300A), PROVIDES, 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.

THE LUMP-SUM BONUS AUTHORIZED BY THE ABOVE-QUOTED ACT TO BE PAID TO AN OFFICER OF THE AIR CORPS RESERVE UPON HIS RELEASE FROM ACTIVE DUTY IS CONDITIONED UPON HOS ACTIVE SERVICE "AS SUCH OFFICER.' WHILE IT APPEARS THAT YOUR LATE HUSBAND HELD A COMMISSION AS LIEUTENANT COLONEL, AIR CORPS, OFFICERS' RESERVE CORPS, ON THE DATE OF HIS DEATH, HE DID NOT PERFORM ANY ACTIVE DUTY AS AN OFFICER OF THE AIR CORPS RESERVE. ON THE CONTRARY, HIS ENTIRE ACTIVE SERVICE SUBSEQUENT TO MARCH 10, 1947, THE DATE OF HIS APPOINTMENT AS LIEUTENANT COLONEL, AIR CORPS RESERVE, WAS IN THE GRADE OF LIEUTENANT COLONEL, ARMY OF THE UNITED STATES; MASTER SERGEANT, REGULAR ARMY, AIR CORPS; AND MAJOR, AIR FORCE OF THE UNITED STATES. HENCE, ON THE DATE OF HIS DEATH (RELEASE FROM ACTIVE DUTY), NO RIGHT TO THE BENEFITS PROVIDED BY THE ACT OF JUNE 3, 1941, SUPRA, ACCRUED. IN THAT CONNECTION, SEE DECISION OF DECEMBER 5, 1944, B-44390, 24 COMP. GEN. 423, COPY ENCLOSED, TO THE EFFECT THAT NO LUMP SUM IS PAYABLE TO AN INDIVIDUAL UPON HIS RELEASE FROM ACTIVE DUTY AS AN OFFICER OF ANY OTHER BRANCH OF THE ARMY, EVEN THOUGH HIS SERVICE MAY HAVE BEEN WITH THE AIR CORPS.