B-94963, JUNE 13, 1950, 29 COMP. GEN. 495

B-94963, JUNE 13, 1950, 29 COMP. GEN. 495

PAY - RETAINER - NAVAL RESERVE AVIATION OFFICERS COMMISSIONED UNDER THE ACT OF AUGUST 13, 1946 NAVAL AVIATION OFFICERS COMMISSIONED PURSUANT TO THE ACT OF AUGUST 13, 1946, AS AMENDED, WHOSE COMMISSIONS ARE TERMINATED AT THEIR REQUEST BY THE SECRETARY OF THE NAVY PRIOR TO THE EXPIRATION OF THE TIME LIMIT FOR APPLYING FOR RETENTION IN THE REGULAR SERVICE AND WHO ACCEPT COMMISSIONS IN THE NAVAL RESERVE MAY, UPON APPLICATION THEREFOR, BE GRANTED THE RETAINER PAY AND OTHER BENEFITS PROVIDED BY SECTION 9 (A) OF THE ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 13, 1950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1950, WHEREIN YOU PRESENT FOR DECISION A QUESTION STATED AS FOLLOWS:

A DECISION IS REQUESTED AS TO WHETHER, IF THE SECRETARY OF THE NAVY TERMINATES THE COMMISSIONS OF NAVAL AVIATION OFFICER CANDIDATES ENROLLED UNDER SECTION 3 (B) OF THE ACT OF AUGUST 13, 1946, AS AMENDED (34 U.S.C. SUP., 1020B), AND COMMISSIONED PURSUANT TO SECTION 6 (A) 2 OF THAT ACT, SUPRA, AT THE INDIVIDUAL'S OWN REQUEST, PRIOR TO THE DEADLINE DATE FOR APPLYING FOR RETENTION IN THE REGULAR SERVICE AS PROVIDED IN SECTION 8 OF THE ACT, AS AMENDED (34 U.S.C. SUP., 1020G), AND SUCH PERSONS ACCEPT COMMISSIONS IN THE NAVAL RESERVE UNDER SECTION 9 OF THE ACT AS AMENDED, SUPRA, THEY WILL IF THEY APPLY BE ENTITLED TO THE PAY AND OTHER BENEFITS PROVIDED IN SAID SECTION 9, AS AMENDED.

SECTION 9 (A) OF THE ACT OF AUGUST 13, 1946, 60 STAT. 1060, AS AMENDED, 34 U.S.C. SUPP. III, 1020H (A), READS AS FOLLOWS:

THE COMMISSION OF EACH OFFICER COMMISSIONED PURSUANT TO PARAGRAPH 2 OF SUBSECTION (A) OF SECTION 1020E OF THIS TITLE WHO, PRIOR TO APRIL 1 OF THE CALENDAR YEAR FOLLOWING THAT IN WHICH HE ACCEPTED HIS COMMISSION OR PRIOR TO THE FIRST ANNIVERSARY OF THE ACCEPTANCE OF HIS COMMISSION, WHICHEVER IS EARLIER, SHALL NOT HAVE APPLIED FOR RETENTION IN THE REGULAR SERVICE, SHALL BE TERMINATED NOT LATER THAN THE FIRST ANNIVERSARY OF HIS ACCEPTANCE OF HIS COMMISSION, AND THE COMMISSION OF EACH SUCH OFFICER WHO APPLIES FOR RETENTION AS A PERMANENT OFFICER WITHIN THE TIME LIMITS PRESCRIBED BY THIS SUBSECTION, BUT WHO IS NOT SELECTED FOR RETENTION UNDER CLAUSE (A) OF SECTION 1020G OF THIS TITLE SHALL BE TERMINATED NOT LATER THAN JUNE 30 OF THE APPROPRIATE CALENDAR YEAR OR THE FIRST ANNIVERSARY OF HIS ACCEPTANCE OF HIS COMMISSION, WHICHEVER IS THE LATER DATE. UPON TERMINATION OF COMMISSION, EACH SUCH OFFICER WHO THEREUPON ACCEPTS APPOINTMENT TO COMMISSIONED RANK IN THE NAVAL OR MARINE CORPS RESERVE MAY APPLY FOR AND RECEIVE RETAINER PAY AT THE RATE OF $100 FOR EACH CALENDAR MONTH OR PART THEREOF DURING WHICH, WHILE AN OFFICER OF THE NAVAL OR MARINE CORPS RESERVE, HE PURSUES FULL-TIME INSTRUCTIONS IN AN ACCREDITED COLLEGE OR UNIVERSITY BUT NOT TO EXCEED A TOTAL OF $2,000, SUCH INSTRUCTION TO COMMENCE NOT LATER THAN A DATE TO BE DETERMINED BY THE SECRETARY OF THE NAVY; IN ADDITION, EACH SUCH OFFICER SHALL BE ENTITLED TO THE BENEFITS PROVIDED FOR HIM BY SECTION 1020I OF THIS TITLE.

WHILE THE OFFICERS IN QUESTION ARE GIVEN UNTIL APRIL 1 OF THE CALENDAR YEAR FOLLOWING THAT IN WHICH THEY ACCEPTED THEIR COMMISSIONS, OR UNTIL THE FIRST ANNIVERSARY OF THE ACCEPTANCE OF THEIR COMMISSIONS, WHICHEVER IS EARLIER, TO APPLY FOR RETENTION IN THE REGULAR NAVY, NOTHING IS FOUND IN THE ACT WHICH WOULD PREVENT THEM FROM DECIDING, AT AN EARLIER DATE, THAT THEY DO NOT WISH TO BE RETAINED IN THE REGULAR SERVICE. IF, UPON SO DECIDING, THEIR COMMISSIONS ARE TERMINATED BY THE SECRETARY AND THEY ACCEPT COMMISSIONS IN THE NAVAL RESERVE, NO REASON IS PERCEIVED WHY, IF THEY APPLY THEREFOR, THEY MAY NOT BE GRANTED THE RETAINER PAY AND OTHER BENEFITS GRANTED BY SECTION 9 (A) OF THE ACT OF AUGUST 13, 1946, SUPRA. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.