B-28833, OCTOBER 15, 1942, 22 COMP. GEN. 358

B-28833, OCTOBER 15, 1942, 22 COMP. GEN. 358

LONGEVITY PAY - OFFICERS' RESERVE CORPS OFFICERS - SERVICE CREDITS IN COMPUTING UNDER SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942 THE LONGEVITY PAY OF AN OFFICERS' RESERVE CORPS OFFICER ON ACTIVE DUTY, CREDIT SHOULD BE GIVEN FOR FULL TIME FOR ALL PERIODS DURING WHICH HE HELD A COMMISSION IN THE OFFICERS' RESERVE CORPS, INCLUDING THE TIME HE WAS CARRIED ON THE LIST OF OFFICERS' RESERVE CORPS OFFICERS DENOMINATED AS THE " INACTIVE RESERVE.'

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. CHARLES LEWIS, U.S. ARMY, OCTOBER 15, 1942:

THERE HAS BEEN RECEIVED BY ENDORSEMENT OF SEPTEMBER 8, 1942, YOUR LETTER OF AUGUST 18, 1942, AS FOLLOWS:

1. THE ENCLOSED W.D. FORM NO. 336 COVERING THE CLAIM OF SYDNEY L. JEFFREY, CAPTAIN, QMC, 10-200534, FOR DIFFERENCE IN PAY BETWEEN CAPTAIN OVER 15 YEARS' SERVICE AND CAPTAIN OVER 18 YEARS' SERVICE FROM JULY 1 TO 31, 1942, HAVING BEEN PRESENTED TO THE UNDERSIGNED, AN ACCOUNTABLE DISBURSING OFFICER, FOR PAYMENT, IS FORWARDED FOR ADVANCE DECISION AS TO PROPRIETY OF PAYMENT.

2. THE STATEMENT OF SERVICE ATTACHED TO THE VOUCHER INDICATES THAT CAPTAIN JEFFREY WAS TRANSFERRED TO THE INACTIVE RESERVE DECEMBER 15, 1939, AND REMAINED IN THAT STATUS UNTIL ORDERED TO EXTENDED ACTIVE DUTY APRIL 7, 1942.

3. THIS OFFICE IS IN DOUBT AS TO WHETHER MEMBERS OF THE OFFICERS' RESERVE CORPS ARE ENTITLED TO LONGEVITY CREDIT FOR INACTIVE SERVICE AS IT IS NOT KNOWN WHETHER DURING SUCH PERIOD THE OFFICER IS TO BE CONSIDERED AS "CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE" WITHIN THE MEANING OF THE TERM AS USED IN SECTION 3, OF THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942.

INCLUDED AMONG THE PAPERS ATTACHED TO THE VOUCHER ARE AN EXTRACT COPY OF PARAGRAPH 40 OF SPECIAL ORDERS NO. 75, DATED WAR DEPARTMENT, WASHINGTON, 24 MARCH, 1942, ORDERING SEVERAL OFFICERS TO ACTIVE DUTY, AMONG OTHERS," CAPT. SYDNEY LEON JEFFREY, 10-200534 INACT-1RES., NEW YORK, N.Y.' WITH DATE OF RANK APRIL 7, 1942, AND A STATEMENT OF SERVICE FROM HEADQUARTERS SECOND MILITARY AREA, DATED APRIL 9, 1942, THAT CAPTAIN SYDNEY LEON JEFFREY 10-200534 "IS NOW A CAPT., INACT 1RES.'

SECTION 37 OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 3 OF THE ACT OF JUNE 15, 1933, 48 STAT. 154, ESTABLISHES AN OFFICERS' RESERVE CORPS, PROVIDES THAT ALL PERSONS APPOINTED IN THE OFFICERS' RESERVE CORPS ARE RESERVE OFFICERS, SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES, AND THAT SUCH APPOINTMENTS SHALL BE FOR A PERIOD OF FIVE YEARS, WITH A PROVISION FOR EXTENSION WHEN AN APPOINTMENT IS IN FORCE AT THE OUTBREAK OF A WAR. SEE TITLE 10, SECTIONS 351, 352, AND 358 OF THE UNITED STATES CODE. NO STATUTE PROVIDES FOR A SEPARATION OF THE OFFICERS' RESERVE CORPS INTO AN ACTIVE AND AN INACTIVE RESERVE. FOR ADMINISTRATIVE PURPOSES (SEE PARAGRAPH 6 OF ARMY REGULATIONS 140-5) THE WAR DEPARTMENT MAY HAVE CARRIED SEPARATELY OFFICERS WHOSE ASSIGNMENT TO ACTIVE DUTY IN TIME OF PEACE IS NOT CONTEMPLATED AND HAS DENOMINATED SUCH LIST OF OFFICERS AS THE " INACTIVE RESERVE," BUT SUCH OFFICERS IF HOLDING COMMISSIONS AS AUTHORIZED BY THE SAID SECTION 37 ARE IN EVERY RESPECT MEMBERS OF THE OFFICERS' RESERVE CORPS TO THE SAME EXTENT AS ANY OTHER MEMBERS OF THE OFFICERS' RESERVE CORPS EVEN THOUGH SUCH OTHER MEMBERS ARE CARRIED BY THE WAR DEPARTMENT IN SPECIFIC SECTIONS OF THE OFFICERS' RESERVE CORPS.

SECTION 3 OF THE ACT OF JUNE 16, 1942, 56 STAT. 360, PUBLIC LAW 607, 77TH CONGRESS, PROVIDES, THAT, IN THE COMPUTATION OF ACTIVE DUTY PAY OF RESERVE OFFICERS, THEY SHALL BE CREDITED, FOR LONGEVITY PAY PURPOSES--

* * * WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES, OR IN THE OFFICERS RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

FULL TIME IS ALLOWED FOR ALL PERIODS DURING WHICH A COMMISSION WAS HELD IN THE OFFICERS' RESERVE CORPS. ACCORDINGLY, TIME DURING WHICH A COMMISSION WAS HELD IN THE OFFICERS' RESERVE CORPS, EVEN THOUGH THE OFFICER IS CARRIED IN THE INACTIVE RESERVE, IS TO BE INCLUDED IN COMPUTING THE LONGEVITY PAY OF A RESERVE OFFICER ON ACTIVE DUTY.

THE WORDS,"WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE," APPLY ONLY TO THE NAVAL RESERVE FORCE AND THE MARINE CORPS RESERVE FORCE, IN WHICH SERVICES, FROM 1916 TO 1925, CONFIRMATION AND QUALIFICATION WERE REQUIRED; THEY HAVE NO APPLICATION TO ANY OF THE OTHER RESERVE FORCES NAMED IN THE SECTION. SEE DECISION OF SEPTEMBER 28, 1942, TO COLONEL TOM E. THRASHER, JR., U.S. MARINE CORPS, RETIRED, B-28618, 22 COMP. GEN. 275, CASE OF MAJOR JOHN R. MOE, U.S.M.C.R.

ACCORDINGLY, PAYMENT MAY BE MADE ON THE VOUCHER, RETURNED HEREWITH, IF OTHERWISE CORRECT.