B-79758, OCTOBER 7, 1948, 28 COMP. GEN. 224

B-79758, OCTOBER 7, 1948, 28 COMP. GEN. 224

PAY - ADDITIONAL - COMMISSIONED OFFICERS OF THE NAVAL RESERVE (MEDICAL CORPS) SERVING AS INTERNS UNDER THE PROVISIONS OF SECTION A OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 101 OF THE ARMY-1NAVY-1PUBLIC HEALTH SERVICE MEDICAL OFFICER PROCUREMENT ACT OF 1947, COMMISSIONED OFFICERS OF THE NAVAL RESERVE ( MEDICAL CORPS) WHO VOLUNTEER FOR AND PERFORM ACTIVE DUTY AS INTERNS IN THE UNITED STATES NAVY AND WHO OTHERWISE COMPLY WITH THE REQUIREMENTS OF SAID SECTION ARE ENTITLED TO THE $100 PER MONTH ADDITIONAL PAY AUTHORIZED THEREIN FOR SUCH COMMISSIONED OFFICERS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, OCTOBER 7, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 23, 1948, WITH ENCLOSURES, WHEREIN YOU, IN EFFECT, REQUEST DECISION AS TO WHETHER COMMISSIONED OFFICERS OF THE NAVAL RESERVE ( MEDICAL CORPS) WHO VOLUNTEER FOR AND PERFORM ACTIVE DUTY AS INTERNS ARE ENTITLED TO THE ADDITIONAL $100 PER MONTH PROVIDED FOR BY SECTION A OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 101 OF THE ARMY-1NAVY 1PUBLIC HEALTH SERVICE MEDICAL OFFICER PROCUREMENT ACT OF 1947, PUBLIC LAW 365, APPROVED AUGUST 5, 1947, 61 STAT. 776.

IN YOUR LETTER YOU REFER TO THE CASE OF LIEUTENANT (JG) ELLSWORTH R. BROWNELLER, HP, UNITED STATES NAVAL RESERVE, WHO, IT APPEARS, WAS ORIGINALLY ENLISTED IN THE NAVAL RESERVE AS APPRENTICE SEAMAN, V-1 (G) ( PRE-MED.), ON DECEMBER 11, 1942. ON JULY 1, 1943, HE REPORTED FOR ACTIVE DUTY WITH THE NAVY V-12 UNIT, FRANKLIN AND MARSHALL COLLEGE, ON WHICH DATE HIS CLASSIFICATION WAS CHANGED TO APPRENTICE SEAMAN, V-12. FOLLOWING COMPLETION OF HIS PREMEDICAL STUDIES AT THAT COLLEGE HE WAS TRANSFERRED TO THE NAVY V-12 UNIT AT JEFFERSON MEDICAL COLLEGE ON SEPTEMBER 29, 1944, WHERE HE CONTINUED ON ACTIVE DUTY UNTIL RELEASED THEREFROM NOVEMBER 5, 1945. APPARENTLY, HE THEREAFTER PURSUED HIS MEDICAL STUDIES AT JEFFERSON MEDICAL COLLEGE AT PERSONAL EXPENSE AND WAS GRADUATED THEREFROM ON JUNE 4, 1948. IN THE MEANTIME, HE WAS DISCHARGED FROM THE NAVAL RESERVE ON AUGUST 25, 1946, AND ON AUGUST 26, 1946, HE ACCEPTED A PROBATIONARY APPOINTMENT AS ENSIGN, HP, UNITED STATES NAVAL RESERVE. ON JULY 1, 1948, HE ACCEPTED AN APPOINTMENT AS LIEUTENANT (JG) ( MEDICAL CORPS), UNITED STATES NAVAL RESERVE, AFTER HAVING BEEN DIRECTED BY ORDERS DATED JUNE 23, 1948, TO PROCEED TO PHILADELPHIA, PENNSYLVANIA, AND REPORT TO THE MEDICAL OFFICER IN COMMAND, NAVAL HOSPITAL, FOR ACTIVE DUTY AS AN INTERN. IT IS INDICATED THAT HE REPORTED FOR ACTIVE DUTY PURSUANT TO SUCH ORDERS ON JULY 1, 1948.

THE STATUTORY PROVISION IN QUESTION READS AS FOLLOWS:

SEC. A. (A) THE TERM "COMMISSIONED OFFICERS," AS USED IN THIS SECTION, SHALL BE INTERPRETED TO MEAN ONLY (1) THOSE COMMISSIONED OFFICERS OF THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY AND NAVY AND COMMISSIONED MEDICAL AND DENTAL OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE WHO ARE ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THIS SECTION; (2) THOSE OFFICERS WHO ARE HEREAFTER COMMISSIONED IN THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY AND NAVY OR AS MEDICAL AND DENTAL OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE DURING THE FIVE-YEAR PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION; (3) SUCH OFFICERS, NOW OR HEREAFTER COMMISSIONED IN THE MEDICAL AND DENTAL CORPS OF THE OFFICERS' RESERVE CORPS, THE NAVAL RESERVE, THE NATIONAL GUARD, THE ARMY OF THE UNITED STATES, OR AS MEDICAL AND DENTAL OFFICERS OF THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHO MAY, DURING THE FIVE-YEAR PERIOD IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, VOLUNTEER AND BE ACCEPTED FOR EXTENDED ACTIVE DUTY OF ONE YEAR OR LONGER; (4) GENERAL OFFICERS APPOINTED FROM THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, THE OFFICERS' RESERVE CORPS, THE NATIONAL GUARD, OR THE ARMY OF THE UNITED STATES WHO ARE ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THIS SECTION; (5) GENERAL OFFICERS WHO MAY HEREAFTER BE APPOINTED FROM THOSE OFFICERS OF THE MEDICAL AND DENTAL CORPS OF THE REGULAR ARMY, THE OFFICERS' RESERVE CORPS, THE NATIONAL GUARD, OR THE ARMY OF THE UNITED STATES WHO ARE INCLUDED IN (1), (2), OR (3) ABOVE.

(B) IN ADDITION TO ANY PAY, ALLOWANCES, OR EMOLUMENTS THAT THEY ARE OTHERWISE ENTITLED TO RECEIVE, COMMISSIONED OFFICERS AS DEFINED IN SUBSECTION (A) OF THIS SECTION SHALL BE ENTITLED TO PAY AT THE RATE OF $100 PER MONTH FOR EACH MONTH OF ACTIVE SERVICE FOLLOWING THE DATE OF ENACTMENT OF THIS SECTION. PROVIDED, THAT SUCH SUM SHALL NOT BE INCLUDED IN COMPUTING THE AMOUNT OF INCREASE IN PAY AUTHORIZED BY ANY OTHER PROVISION OF LAW OR IN COMPUTING RETIRED PAY. PROVIDED FURTHER, THAT THE TOTAL AMOUNT WHICH MAY BE PAID TO ANY ONE OFFICER UNDER THE AUTHORITY CONTAINED IN THIS SECTION SHALL NOT EXCEED $36,000: AND PROVIDED FURTHER, THAT THE COMMISSIONED OFFICERS DESCRIBED IN SUBSECTION (A) (3) OF THIS SECTION SHALL RECEIVE THE PAY PROVIDED BY THIS SUBSECTION ONLY DURING PERIODS OF VOLUNTEER SERVICE.

IN DECISION OF MARCH 1, 1948, 27 COMP. GEN. 483, IT WAS HELD THAT ACTING ASSISTANT SURGEONS AND LIEUTENANTS (JUNIOR GRADE) APPOINTED IN THE NAVY FOR TEMPORARY SERVICE AS INTERNS UNDER THE PROVISIONS OF THE ACT OF AUGUST 8, 1946, 60 STAT. 932, AND SECTION 424 OF THE OFFICER PERSONNEL ACT OF 1947, PUBLIC LAW 381, APPROVED AUGUST 7, 1947 (61 STAT. 879), RESPECTIVELY, WERE NOT ENTITLED TO THE ADDITIONAL $100 PER MONTH IN QUESTION. THAT CONCLUSION WAS PREDICATED NOT UPON THE FACT THAT SUCH APPOINTEES WERE SERVING AS INTERNS, BUT UPON THE FACT THAT THEY WERE NOT COMMISSIONED OFFICERS IN THE REGULAR NAVY (SEE TAYLOR V. UNITED STATES, 38 C.1CLS. 155, AND NELSON V. UNITED STATES, 41 C.1CLS. 157), NOR DID THEY COME WITHIN ANY OF THE OTHER CATEGORIES OF OFFICERS MENTIONED IN THE ACT.

THE OFFICERS HERE IN QUESTION ARE OFFICERS COMMISSIONED IN THE NAVAL RESERVE ( MEDICAL CORPS), THUS CLEARLY BEING OFFICERS OF THE CLASS REFERRED TO IN CATEGORY (3) OF THE SAID SECTION A OF THE PAY READJUSTMENT ACT OF 1942. THE PAYMENT OF THE ADDITIONAL $100 PER MONTH WOULD APPEAR TO BE WITHIN THE PURPOSE OF THE ACT, VIZ, TO PROVIDE ADDITIONAL INDUCEMENTS TO PHYSICIANS, SURGEONS, TC., TO MAKE A CAREER OF THE UNITED STATES MILITARY, NAVAL, AND PUBLIC HEALTH SERVICES, AND NOTHING HAS BEEN FOUND IN THE LEGISLATIVE HISTORY OF SUCH STATUTORY PROVISION WHICH WOULD REQUIRE A CONCLUSION THAT SUCH MEDICAL OFFICERS SERVING AS INTERNS WERE INTENDED TO BE EXCLUDED FROM ITS BENEFITS. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE, PROVIDED, OF COURSE, THAT SUCH OFFICERS OTHERWISE COMPLY WITH THE REQUIREMENTS OF THE ACT.