B-128303, AUG. 31, 1956

B-128303, AUG. 31, 1956

TO COLONEL ARTHUR A. HOLMES, N.G.U.S.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 5, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 27, 1956, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN PAY BETWEEN THAT OF COLONEL AND LIEUTENANT COLONEL FOR THE PERIOD MAY 4, 1951, TO DECEMBER 31, 1952.

IT APPEARS THAT YOU WERE A LIEUTENANT COLONEL IN THE MICHIGAN NATIONAL GUARD AND AN OFFICER OF THE SAME RANK IN THE ARMY OF THE UNITED STATES WHEN, BY DEPARTMENT OF THE ARMY ORDERS DATED SEPTEMBER 15, 1948, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE SEPTEMBER 22, 1948, WITH DATE OF RANK, MARCH 29, 1946. BY STATE OF MICHIGAN ORDERS DATED MAY 8, 1951, YOU WERE PROMOTED TO THE GRADE OF COLONEL, INFANTRY, MICHIGAN NATIONAL GUARD, EFFECTIVE MAY 4, 1951. YOU WERE FEDERALLY RECOGNIZED AS A COLONEL ON JUNE 11, 1951, EFFECTIVE MAY 4, 1951, AND IT APPEARS THAT YOU BECAME A COLONEL IN THE NATIONAL GUARD OF THE UNITED STATES ON JUNE 25, 1951. DEPARTMENT OF THE ARMY ORDERS DATED DECEMBER 31, 1952, ANNOUNCEMENT WAS MADE OF YOUR TEMPORARY PROMOTION IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF SECTION 515 (C) OF THE OFFICER PERSONNEL ACT OF 1947, FROM LIEUTENANT COLONEL TO COLONEL WITH DATE OF RANK, DECEMBER 31, 1952.

IT IS YOUR CONTENTION THAT YOU WERE ON ACTIVE DUTY AS A LIEUTENANT COLONEL IN THE NATIONAL GUARD OF THE UNITED STATES AND THAT YOU SHOULD BE ENTITLED TO THE PAY OF A COLONEL AFTER THE DATE--- DURING THAT DUTY -- ON WHICH YOU WERE PROMOTED IN THE NATIONAL GUARD OF THE UNITED STATES TO THE RANK OF COLONEL. OF COURSE, A CHANGE IN YOUR NATIONAL GUARD STATUS WOULD NOT AFFECT YOUR RIGHT TO PAY, IF YOU WERE ORDERED TO ACTIVE DUTY IN SOME STATUS OTHER THAN IN THE NATIONAL GUARD.

YOUR ORDERS OF SEPTEMBER 15, 1948, ORDERING YOU TO ACTIVE DUTY ARE NOT ENTIRELY CLEAR. THEY EXPRESSLY STATE THAT ALL THE PERSONNEL INVOLVED ARE PERSONNEL OF THE ARMY OF THE UNITED STATES UNLESS OTHERWISE INDICATED. WHILE THE DESIGNATION "INF-NGUS" APPEARS AFTER YOUR NAME, IT IS NOT CLEAR THAT SUCH DESIGNATION WAS INCLUDED IN THE ORDERS TO SHOW THAT YOU WERE ORDERED TO ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD OF THE UNITED STATES. THE DOUBT IN THE MATTER SEEMS TO HAVE BEEN RESOLVED BY THE NATIONAL GUARD BUREAU WHICH REPORTED YOUR SERVICE IN THE NATIONAL GUARD REGISTER, 1953, TO SHOW THAT ON SEPTEMBER 22, 1948, YOU BEGAN FEDERAL SERVICE AS A LIEUTENANT COLONEL AND THAT FEDERAL SERVICE AS A COLONEL BEGAN ON DECEMBER 31, 1952. THE LATTER DATE IS THE DATE ON WHICH YOU WERE PROMOTED TO COLONEL IN THE ARMY OF THE UNITED STATES. THUS, THE RECORD OF YOUR SERVICE INDICATES THAT YOUR ACTIVE FEDERAL SERVICE DURING THE PERIOD OF YOUR CLAIM WAS AS AN OFFICER OF THE ARMY OF THE UNITED STATES. THE ORDERS YOU HAVE SUBMITTED DO NOT WARRANT A CONCLUSION THAT THAT RECORD IS ERRONEOUS AND HENCE, THERE IS NO BASIS ON WHICH YOU WOULD BE ENTITLED TO THE PAY AND ALLOWANCE OF A COLONEL UNTIL YOU WERE PROMOTED TO THAT RANK AS AN OFFICER OF THE ARMY OF THE UNITED STATES.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF MARCH 27, 1956, WAS CORRECT AND IS SUSTAINED.