B-47363, MAY 4, 1945, 24 COMP. GEN. 790

B-47363, MAY 4, 1945, 24 COMP. GEN. 790

LUMP-SUM PAYMENTS TO AIR CORPS RESERVE OFFICERS TEMPORARILY APPOINTED TO HIGHER GRADE IN THE ARMY OF THE UNITED STATES AN AIR CORPS RESERVE OFFICER ON ACTIVE DUTY WHEN TEMPORARILY APPOINTED TO A HIGHER GRADE IN THE ARMY OF THE UNITED STATES FOR DUTY WITH THE AIR CORPS "WITHOUT VACATING HIS EXISTING COMMISSION IN THE * * * OFFICER'S RESERVE CORPS," UNDER AUTHORITY OF THE ACT OF FEBRUARY 16, 1942, IS TO BE REGARDED AS CONTINUING IN THE STATUS OF A RESERVE OFFICER ON ACTIVE DUTY WHILE SERVING UNDER THE TEMPORARY APPOINTMENT, FOR THE PURPOSE OF COMPUTING THE LUMP-SUM PAYMENT TO WHICH HE IS ENTITLED UNDER SECTION 6 OF THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, FOR EACH COMPLETE YEAR OF SERVICE ,AS SUCH OFFICER" ( AIR CORPS RESERVE OFFICER), UPON RELEASE FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. CARL WITCHER, U.S. ARMY, MAY 4, 1945:

BY INDORSEMENT OF JANUARY 22, 1945, OF THE FISCAL DIRECTOR, ARMY SERVICE FORCES, THERE WAS TRANSMITTED TO THIS OFFICE YOUR LETTER DATED DECEMBER 22, 1944, AS FOLLOWS:

PAY AND ALLOWANCE ACCOUNT, W.D. FORM 336, COVERING CLAIM OF LT. COL. ALFRED S. KOCH, A.C.O. 111 122, FOR LUMP-SUM PAYMENT OF $500.00 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE WITH THE AIR CORPS, IS FORWARDED REQUESTING ADVANCE DECISION AS TO LEGALITY OF PAYING THE ACCOUNT AS STATED.

IT WILL BE NOTED FROM CORRESPONDENCE AND SPECIAL ORDERS FORWARDED IN SUPPORT OF THE ABOVE-MENTIONED VOUCHER THAT LT. COL. KOCH WAS ORDERED TO ACTIVE DUTY ON 3 OCTOBER 1942, IN THE GRADE OF CAPTAIN, AIR CORPS RESERVE, FOR DUTY WITH THE AIR CORPS, AND WAS SUBSEQUENTLY PROMOTED TO THE GRADE OF MAJOR, ARMY OF THE UNITED STATES, THEN TO THE GRADE OF LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, BEING IN THE LATTER GRADE AND COMPONENT AT THE TIME OF HIS RELEASE FROM ACTIVE DUTY ON 9 JUNE 1944. LT. COL. KOCH WAS ASSIGNED TO DUTY WITH THE AIR CORPS THROUGHOUT THE PERIOD INVOLVED.

DOUBT EXISTS AS TO WHETHER OR NOT AN AIR CORPS RESERVE OFFICER ORDERED TO ACTIVE DUTY AS SUCH, AND SUBSEQUENTLY PROMOTED TO A TEMPORARY GRADE IN THE ARMY OF THE UNITED STATES UNDER AUTHORITY OF PUBLIC LAW 455-77TH CONGRESS, WOULD BE CONSIDERED AS HAVING PERFORMED ACTIVE DUTY AS AN AIR CORPS RESERVE OFFICER AFTER BEING PROMOTED TO A TEMPORARY GRADE IN THE ARMY OF THE UNITED STATES.

THE UNDERSIGNED IS A DISBURSING OFFICER AND THE VOUCHER IN QUESTION WAS SUBMITTED TO ME FOR PAYMENT.

IT WAS HELD IN A DECISION OF THIS OFFICE DATED DECEMBER 5, 1944, B 44390, 24 COMP. GEN. 423, TO THE SECRETARY OF WAR, THAT THE LUMP-SUM PAYMENT OF $500 FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AUTHORIZED FOR AIR CORPS RESERVE OFFICERS BY THE ACT OF JUNE 16, 1936, AS AMENDED BY THE ARMY AVIATION CADET ACT OF JUNE 3, 1941, 55 STAT. 240, WAS NOT APPLICABLE TO PERSONS APPOINTED AS OFFICERS IN THE ARMY OF THE UNITED STATES UNDER THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, BY VIRTUE OF THEIR ASSIGNMENT TO DUTY IN THE AIR CORPS. IT WAS POINTED OUT IN THAT DECISION THAT SUCH LUMP -SUM PAYMENTS WERE AUTHORIZED BY THE CONGRESS PRIMARILY TO STIMULATE PEACETIME COMMITMENTS FOR AVIATION TRAINING AND EXTENDED PERIODS OF ACTIVE DUTY BY AIR CORPS RESERVE OFFICERS.

THE QUESTION IN THE PRESENT CASE IS WHETHER A PERSON, WHO, WHILE SO SERVING ON ACTIVE DUTY AS AN OFFICER IN THE AIR CORPS RESERVE IS TEMPORARILY APPOINTED TO A HIGHER GRADE IN THE ARMY OF THE UNITED STATES UNDER THE ACT OF FEBRUARY 16, 1942, 56 STAT. 94 ( PUBLIC LAW 455, 77TH CONGRESS), MAY INCLUDE HIS SUBSEQUENT SERVICE IN THE COMPUTATION OF THE LUMP-SUM PAYMENT.

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 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. (ITALICS SUPPLIED.)

PUBLIC LAW 455, APPROVED FEBRUARY 16, 1942, 56 STAT. 94, PROVIDES:

THAT, DURING ANY WAR IN WHICH THE UNITED STATES IS NOW ENGAGED, ANY OFFICER OF THE REGULAR ARMY AIR CORPS, ANY OFFICER OF THE REGULAR ARMY OTHER THAN AIR CORPS WHO IS ASSIGNED TO DUTY WITH ANY TACTICAL UNIT, OR ANY INSTALLATION, OR ANY STAFF, OF THE AIR CORPS, ANY OFFICER OF THE AIR CORPS RESERVE OR ANY OTHER SECTION OF THE OFFICERS' RESERVE CORPS ASSIGNED TO DUTY WITH ANY TACTICAL UNIT, OR ANY INSTALLATION, OR ANY STAFF, OF THE AIR CORPS, ANY OFFICER OF THE NATIONAL GUARD OF THE UNITED STATES ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES WITH AN AIR CORPS UNIT OR ASSIGNED TO DUTY WITH ANY TACTICAL UNIT, OR ANY INSTALLATION OR ANY STAFF, OF THE AIR CORPS, AND ANY OFFICER DIRECTLY COMMISSIONED IN THE ARMY OF THE UNITED STATES AND ASSIGNED TO DUTY WITH ANY TACTICAL UNIT, OR ANY INSTALLATION, OR ANY STAFF, OF THE AIR CORPS, MAY BE APPOINTED TO HIGHER TEMPORARY GRADE NOT ABOVE THAT OF COLONEL, WITHOUT VACATING HIS EXISTING COMMISSION IN THE REGULAR ARMY, THE OFFICERS' RESERVE CORPS, THE NATIONAL GUARD OF THE UNITED STATES, OR THE ARMY OF THE UNITED STATES, AS THE CASE MAY BE. THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO OFFICERS OF THE ARMS AND SERVICES OTHER THAN AIR CORPS WHO ARE ASSIGNED TO THOSE UNITS OR DETACHMENTS OF SUCH ARMS OR SERVICES ON DUTY WITH THE AIR CORPS. OFFICERS SO APPOINTED SHALL BE APPOINTED AND COMMISSIONED IN THE ARMY OF THE UNITED STATES AND SHALL TAKE RANK IN THE GRADE TO WHICH APPOINTED FROM THE DATE STATED IN THEIR COMMISSIONS OR LETTERS OF APPOINTMENT. SUCH APPOINTMENTS SHALL CONTINUE UNTIL SIX MONTHS AFTER THE TERMINATION OF ANY WAR IN WHICH THE UNITED IS NOW ENGAGED UNLESS SOONER TERMINATED BY ORDER OF THE PRESIDENT, OR UNTIL RELIEVED FROM ASSIGNMENT TO THE DUTY HEREIN DESCRIBED, WHICHEVER IS THE EARLIER: PROVIDED, THAT THE TEMPORARY PROMOTION OF ANY OFFICER UNDER THE TERMS OF THIS ACT SHALL NOT PREVENT HIS SUBSEQUENT PERMANENT PROMOTION NOR, IF ELIGIBLE THEREFOR, HIS SUBSEQUENT TEMPORARY PROMOTION UNDER SECTION 4 OF THE ACT OF JUNE 16, 1936 (49 STAT. 1525) OR UNDER SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED: PROVIDED FURTHER, THAT DURING THE PERIOD DESCRIBED HEREIN, AND IN ORDER TO PRESERVE RELATIVE RANK IN GRADE, EVERY REGULAR ARMY AIR CORPS OFFICER SHALL TAKE RANK IN GRADE WITHIN THE AIR CORPS FROM THE DATE OF THE EARLIEST PROMOTION TO THAT GRADE UNDER THIS OR ANY OTHER PROVISIONS OF EXISTING LAW. OFFICERS TEMPORARILY APPOINTED UNDER THIS ACT SHALL BE ENTITLED TO THE PAY, FLYING PAY, AND ALLOWANCES PERTAINING TO THE GRADE TO WHICH TEMPORARILY APPOINTED. NO OFFICER HOLDING TEMPORARY RANK UNDER THE PROVISIONS OF THIS ACT SHALL BE ELIGIBLE TO COMMAND OUTSIDE THE AIR CORPS, EXCEPT BY SENIORITY UNDER HIS PERMANENT COMMISSION, UNLESS SPECIFICALLY SO ORDERED BY COMPETENT AUTHORITY.

IT WILL BE NOTED THAT THIS LATTER ACT AUTHORIZES, INTER ALIA, THE APPOINTMENT OF ANY OFFICER OF THE AIR CORPS RESERVE "ASSIGNED TO DUTY WITH ANY TACTICAL UNIT, OR ANY INSTALLATION, OR ANY STAFF, OF THE AIR CORPS," TO A HIGHER TEMPORARY GRADE, NOT ABOVE THAT OF COLONEL, IN THE ARMY OF THE UNITED STATES,"WITHOUT VACATING HIS EXISTING COMMISSION IN THE * * * OFFICERS' RESERVE CORPS * * " IT IS FURTHER PROVIDED THAT SUCH TEMPORARY PROMOTION SHALL NOT PREVENT THE OFFICER'S PERMANENT PROMOTION OR TEMPORARY PROMOTION UNDER CERTAIN OTHER LAWS IF ELIGIBLE THEREFOR.

THE ACT OF JUNE 16, 1936, AS AMENDED, SUPRA, SPECIFICALLY PROVIDES THAT AIR CORPS RESERVE OFFICERS SHALL BE PAID THE LUMP SUM THEREIN PROVIDED FOR "EACH COMPLETE YEAR OF ACTIVE SERVICE AS SUCH OFFICER.' HENCE, THE QUOTED LANGUAGE REQUIRES ACTIVE SERVICE AS AN AIR CORPS RESERVE OFFICER AS A PREREQUISITE TO PAYMENT OF THE LUMP SUM. AS EXPRESSLY PROVIDED IN THE SAID ACT OF FEBRUARY 16, 1942, AN AIR CORPS RESERVE OFFICER PROMOTED THEREUNDER DOES NOT VACATE HIS EXISTING COMMISSION WHILE SERVING UNDER THE APPOINTMENT TO THE HIGHER GRADE IN THE ARMY OF THE UNITED STATES. THE QUESTION IS WHETHER SUCH AN OFFICER MAY BE REGARDED AS CONTINUING TO SERVE AS AN AIR CORPS RESERVE OFFICER WITHIN THE SCOPE OF THE LUMP-SUM PAYMENT PROVISIONS OF THE SAID ACT OF JUNE 16, 1936, AS AMENDED.

AT THE TIME OF THE ENACTMENT OF THE SAID ACT OF FEBRUARY 16, 1942, THE PROVISIONS OF LAW GOVERNING PROMOTIONS OF REGULAR ARMY OFFICERS--- EXCEPT PERMANENT PROMOTIONS PRESCRIBED BY STATUTE--- AND PROMOTIONS OF MEMBERS OF THE OFFICERS' RESERVE CORPS, WERE CONTAINED IN SECTIONS 37 AND 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND SECTION 4 OF THE ACT OF JUNE 16, 1936, 49 STAT. 1525, WHICH RESPECTIVELY PROVIDE AS FOLLOWS:

SEC. 37. OFFICERS' RESERVE CORPS.---

FOR THE PURPOSE OF PROVIDING A RESERVE OF OFFICERS AVAILABLE FOR MILITARY SERVICE WHEN NEEDED THERE SHALL BE ORGANIZED AN OFFICER'S RESERVE CORPS CONSISTING OF GENERAL OFFICER AND OFFICERS ASSIGNED TO SECTIONS CORRESPONDING TO THE VARIOUS BRANCHES OF THE REGULAR ARMY AND SUCH ADDITIONAL SECTIONS AS THE PRESIDENT MAY DIRECT. THE GRADES IN EACH SECTION AND THE NUMBER IN EACH GRADE SHALL BE AS THE PRESIDENT MAY PRESCRIBE. ALL PERSONS APPOINTED IN THE OFFICERS' RESERVE CORPS ARE RESERVE OFFICERS AND SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES. * * * PROMOTIONS IN ALL GRADES OF OFFICERS WHO HAVE ESTABLISHED, OR MAY HEREAFTER ESTABLISH, THEIR QUALIFICATIONS FOR SUCH PROMOTION, AND TRANSFER, SHALL BE MADE UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR * * *.

SECTION 127A. MISCELLANEOUS PROVISIONS:

IN TIME OF WAR OR NATIONAL EMERGENCY DETERMINED BY THE PRESIDENT ANY OFFICER OF THE REGULAR ARMY MAY BE APPOINTED TO HIGHER TEMPORARY GRADE WITHOUT VACATING HIS PERMANENT APPOINTMENT. IN TIME OF WAR ANY OFFICER OF THE REGULAR ARMY APPOINTED TO HIGHER GRADE, AND ALL OTHER PERSONS APPOINTED, AS OFFICERS, SHALL BE APPOINTED AND COMMISSIONED IN THE ARMY OF THE UNITED STATES. * *

SECTION 4 OF THE ACT OF JUNE 16, 1936:

THAT THE PRESIDENT IS AUTHORIZED TO APPOINT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO TEMPORARY RANK IN GRADES OF COLONEL, LIEUTENANT COLONEL, AND MAJOR, WITHOUT VACATING THEIR PERMANENT COMMISSIONS, SUCH OF OFFICERS OF THE REGULAR ARMY AIR CORPS AS THE SECRETARY OF WAR, FROM TIME TO TIME, MAY DETERMINE AS NECESSARY TO MEET THE ADMINISTRATIVE, TACTICAL, TECHNICAL, AND TRAINING NEEDS OF THE AIR CORPS * * *. PROVIDED, THAT SUCH TEMPORARY APPOINTMENTS SHALL BE MADE IN ORDER OF SENIORITY OF THE APPOINTEES IN EACH GRADE IN ACCORDANCE WITH THEIR STANDING ON THE RELATIVE RANK LIST OF AIR CORPS OFFICERS IN THEIR PERMANENT GRADE * * *.

THERE IS INCLUDED IN THE REPORT OF THE SENATE COMMITTEE ON MILITARY AFFAIRS, SENATE REPORT NO. 953, 77TH CONGRESS, 2D SESSION, RECOMMENDING PASSAGE OF S. 2182, WHICH SUBSEQUENTLY WAS ENACTED INTO LAW AS THE SAID ACT OF FEBRUARY 16, 1942, SUPRA, A LETTER DATED JANUARY 7, 1942, FROM THE SECRETARY OF WAR, SETTING FORTH THE ADMINISTRATIVE REASONS FOR RECOMMENDING ENACTMENT OF THE PROPOSED LEGISLATION, THE LETTER BEING IN PART, AS FOLLOWS:

AT THE PRESENT TIME A VARIETY OF LAWS AND REGULATIONS AFFECT THE PROBLEM OF TEMPORARY PROMOTION OF OFFICERS ON DUTY WITH THE ARMY AIR FORCES. REGULAR ARMY OFFICERS, WHETHER COMMISSIONED IN THE AIR CORPS OR IN OTHER BRANCHES, MAY BE PROMOTED BY SELECTION IN THE ARMY OF THE UNITED STATES UNDER SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED. SUCH PROMOTION IS AVAILABLE FOR OFFICERS OF ALL BRANCHES OF THE REGULAR ARMY. IT IS UNFAIR, HOWEVER, TO OFFICERS OF OTHER BRANCHES TO GIVE TEMPORARY PROMOTION UNDER SECTION 127A TO A LARGER PROPORTION OF AIR CORPS OFFICERS THAN THE OFFICER STRENGTH OF THE AIR CORPS BEARS TO THE OFFICER STRENGTH OF THE OTHER BRANCHES. TEMPORARY PROMOTION OF REGULAR ARMY AIR CORPS OFFICERS UNDER SECTION 127A IS, THEREFORE, IN PRACTICE CONSIDERABLY SLOWER THAN THE NEEDS OF THE ARMY AIR FORCES REQUIRE. THIS DIFFICULTY CAN IN LARGE PART BE OBVIATED IF TEMPORARY PROMOTION BY SELECTION IN THE AIR CORPS DOES NOT INVOLVE COMMAND OUTSIDE THE AIR CORPS.

REGULAR ARMY AIR CORPS OFFICERS MAY ALSO BE TEMPORARILY PROMOTED, IN ORDER OF SENIORITY, TO THE GRADE OF MAJOR, LIEUTENANT COLONEL, AND COLONEL UNDER THE ACT OF JUNE 16, 1936, (49 STAT. 1525). SUCH PROMOTION DOES NOT INVOLVE COMMAND OUTSIDE OF THE AIR CORPS. IT SHOULD, HOWEVER, BE EXTENDED TO ALL GRADES BELOW THAT OF GENERAL OFFICER AND ENLARGED TO PERMIT PROMOTION BY SELECTION IN TIME OF WAR OR NATIONAL EMERGENCY.

RESERVE OFFICERS WHETHER IN THE AIR CORPS OR OTHER BRANCHES, ASSIGNED TO DUTY WITH THE AIR CORPS, MAY BE PROMOTED IN THE ARMY OF THE UNITED STATES UNDER SECTION 37 OF THE NATIONAL DEFENSE ACT. WAR DEPARTMENT POLICY AT PRESENT PROVIDES FOR THE TEMPORARY PROMOTION OF THIS CLASS OF OFFICERS. SUCH PROMOTION, HOWEVER, AGAIN INVOLVES COMMAND OUTSIDE THE AIR CORPS AND LIKE PROMOTION UNDER SECTION 127AIS SLOWER THAN THE OCCASION REQUIRES. ALSO FREQUENTLY RESULTS IN COMPLICATIONS WITH RESPECT TO RELATIVE RANK AND COMMAND FUNCTIONS SINCE A RESERVE OFFICER TEMPORARILY PROMOTED UNDER SECTION 37 OUTRANKS AND HAS WIDER COMMAND THAN A REGULAR ARMY OFFICER TEMPORARILY PROMOTED TO THE SAME GRADE AT AN EARLIER DATE UNDER THE ACT OF JUNE 16, 1936, WHO SUBSEQUENTLY RECEIVES A PERMANENT PROMOTION TO THAT GRADE. SEE, ALSO, THE REPORT OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS ON THE SAID BILL, H.R. NO. 1737, DATED FEBRUARY 3, 1942, TO THE SAME EFFECT.

IT THUS APPEARS THAT THE ACT OF FEBRUARY 16, 1942, WAS ENACTED TO ENABLE THE WAR DEPARTMENT TO ACCELERATE PROMOTIONS OF OFFICERS IN OTHER BRANCHES OF THE SERVICE--- RESULTS WHICH WERE OBTAINABLE UNDER THE PROVISIONS OF THE THEN EXISTING STATUTES. IN VIEW OF SUCH PURPOSES, IT IS HARDLY CONCEIVABLE THAT THE CONGRESS INTENDED THAT SUCH AN APPOINTMENT OF AN AIR CORPS RESERVE OFFICER ON ACTIVE DUTY TO A TEMPORARY HIGHER GRADE IN THE ARMY OF THE UNITED STATES, SOLELY FOR DUTY WITH THE AIR CORPS IN SUCH HIGHER GRADE, WITHOUT VACATING HIS COMMISSION IN THE AIR CORPS RESERVE, SHOULD HAVE THE EFFECT OF STOPPING THE ACCRUAL OF THE STATUTORY LUMP-SUM PAYMENT OF $500 A YEAR EXPRESSLY GRANTED BY THE ACT OF JUNE 16, 1936, AS AMENDED, TO AIR CORPS RESERVE OFFICERS UPON RELEASE FROM CONTINUOUS ACTIVE DUTY AS SUCH OFFICERS. IF SUCH WERE THE CASE, THE RESULT IN MOST CASES OF SUCH TEMPORARY APPOINTMENTS TO THE NEXT HIGHER GRADE, PARTICULARLY WITH RESPECT TO OFFICERS SERVING IN THE LOWER GRADES, WOULD BE TO TAKE AWAY FROM THE OFFICER PRACTICALLY THE EQUIVALENT OF THE INCREASED PAY AND ALLOWANCES OF THE HIGHER GRADE, LEAVING THE PROMOTION LARGELY BARE OF BENEFITS. THERE IS NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT OF FEBRUARY 16, 1942, TO SUGGEST THAT ANY SUCH ANOMALOUS RESULTS WERE CONTEMPLATED.

THE LEGISLATIVE REPORTS AND THE LETTER OF THE SECRETARY OF WAR, SUPRA, READ IN CONJUNCTION WITH THE LAST SENTENCE OF THE ACT, RESPECTING THE EXERCISE OF COMMAND BY SUCH OFFICERS OUTSIDE THE AIR CORPS, SHOW THAT IT WAS CONTEMPLATED THAT OFFICERS APPOINTED THEREUNDER TO HIGHER TEMPORARY GRADES IN THE ARMY OF THE UNITED STATES ACTUALLY WOULD SERVE IN A DUAL STATUS. THE LAST SENTENCE OF THE ACT PROVIDES THAT NO OFFICER HOLDING TEMPORARY RANK THEREUNDER SHALL BE ELIGIBLE TO COMMAND OUTSIDE THE AIR CORPS,"EXCEPT BY SENIORITY UNDER HIS PERMANENT COMMISSION," UNLESS SPECIFICALLY SO ORDERED BY COMPETENT AUTHORITY. THE REASON FOR SUCH PROVISION WAS EXPLAINED IN THE REPORT OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS AS FOLLOWS:

YOUR COMMITTEE BELIEVES THAT THE OFFICERS OF THE AIR FORCES, WHO WILL RECEIVE THIS MUCH MORE RAPID PROMOTION, MUST NECESSARILY BE YOUNG OFFICERS AND THAT THEIR TRAINING AND EXPERIENCE, THOUGH QUALIFYING THEM FOR COMMAND IN THE AIR CORPS, WILL NOT NECESSARILY QUALIFY THEM FOR COMMAND OVER OFFICERS OF GREATER EXPERIENCE IN THE OTHER ARMS AND SERVICES. * * * * *

THIS PROVISION WILL PREVENT THE AUTOMATIC ASSUMPTION OF COMMAND UNDER THIS CLASS OF TEMPORARY COMMISSION BY THE HIGHER GRADES OF AIR FORCES OFFICERS, BUT WITH RELATIVELY LITTLE EXPERIENCE OUTSIDE OF THE AIR FORCES, OVER TROOPS OF OTHER ARMS OR SERVICES, UNLESS COMPETENT AUTHORITY SHALL DECIDE THAT A SPECIFIC OFFICER OF ESPECIALLY HIGH QUALIFICATIONS IS COMPETENT TO ASSUME SUCH COMMAND IN A SPECIFIC CASE. THIS WILL PREVENT DISCRIMINATION AGAINST EXPERIENCED OFFICERS OF THE GROUND SERVICE.

AS IT IS EXPRESSLY PROVIDED THAT NO OFFICER TEMPORARILY APPOINTED UNDER THE ACT SHALL EXERCISE COMMAND OUTSIDE THE AIR CORPS,"EXCEPT BY SENIORITY UNDER HIS PERMANENT COMMISSION," THE ACT CLEARLY CONTEMPLATES THAT SUCH OFFICERS WILL EXERCISE COMMAND OUTSIDE THE AIR CORPS BY SENIORITY UNDER THEIR PERMANENT COMMISSIONS. IT NECESSARILY FOLLOWS THAT OFFICERS SO APPOINTED SERVE IN A DUAL STATUS, THAT IS, THEY SERVE IN THE HIGHER TEMPORARY GRADES AND RANKS FOR AIR CORPS PURPOSES, WHILE CONTINUING TO SERVE UNDER THEIR PERMANENT COMMISSIONS FOR PURPOSES OF COMMAND OUTSIDE THE AIR CORPS. THERE BEING NO PURPOSE WHATEVER SHOWN BY THE SAID ACT OF FEBRUARY 16, 1942, OR ITS LEGISLATIVE HISTORY, THAT AIR CORPS RESERVE OFFICERS ON ACTIVE DUTY APPOINTED TO THE HIGHER TEMPORARY GRADES THEREUNDER SHOULD THEREBY LOSE THEIR RIGHTS TO THE CONTINUED ACCRUAL OF THE LUMP-SUM PAYMENTS GRANTED BY THE ACT OF JUNE 16, 1936, AS AMENDED, AS AN ADDED INDUCEMENT FOR AIR CORPS RESERVE OFFICERS TO COMMIT THEMSELVES TO LONG PERIODS OF ACTIVE DUTY, I THINK THE DOUBT IN THE MATTER PROPERLY IS TO BE RESOLVED BY REGARDING SUCH OFFICERS, SO SERVING IN A DUAL STATUS, AS LIKEWISE CONTINUING TO SERVE ON ACTIVE DUTY AS AIR CORPS RESERVE OFFICERS WITHIN THE PROVISIONS OF THE LATTER ACT.

WITH RESPECT TO THE PROPOSED PAYMENT OF THE LUMP SUM TO LIEUTENANT COLONEL KOCH, IT IS NOTED THAT THE VOUCHER TRANSMITTED WITH YOUR LETTER IS STATED IN THE AMOUNT OF $1,000, WHEREAS THE PAPERS SUBMITTED IN SUPPORT THEREOF DISCLOSE THAT, SO FAR AS PERTINENT TO THE PRESENT MATTER, HE HAD CONTINUOUS ACTIVE DUTY IN THE STATUS OF AN AIR CORPS RESERVE OFFICER, AS DETERMINED HEREIN, ONLY FROM OCTOBER 3, 1942, TO JUNE 9, 1944--- A PERIOD OF APPROXIMATELY ONE YEAR AND EIGHT MONTHS. ALSO, IT IS STATED THAT THE OFFICER'S RELEASE FROM ACTIVE DUTY WAS GRANTED UPON HIS OWN REQUEST IN ORDER THAT HE MIGHT RETURN TO A POSITION WITH THE CIVIL AERONAUTICAL COMMISSION.

THE SAID ACT OF JUNE 16, 1936, AS AMENDED, AUTHORIZES PAYMENT OF A LUMP SUM OF $500, UNDER CERTAIN CONDITIONS, TO AIR CORPS RESERVE OFFICERS "FOR EACH COMPLETE YEAR OF ACTIVE SERVICE AS SUCH OFFICER" AND FURTHER PROVIDES FOR THE PRORATING OF THE SAID LUMP SUM FOR FRACTIONAL PARTS OF A YEAR IF THE OFFICER IS "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.' THEREFORE, SINCE LIEUTENANT COLONEL KOCH PERFORMED ACTIVE DUTY IN EXCESS OF ONE YEAR BUT LESS THAN TWO YEARS, AND HIS RELEASE WAS GRANTED UPON HIS OWN REQUEST, HE IS ENTITLED UNDER THE PROVISIONS OF THE SAID ACT TO A LUMP-SUM PAYMENT OF $500, ONLY, AND NOT TO $1,000 AS SHOWN ON THE VOUCHER. PAYMENT ON THE VOUCHER, IF CORRECTED TO $500, IS AUTHORIZED ACCORDINGLY.