B-94697, MAY 17, 1950

B-94697, MAY 17, 1950

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL HOKE MCWHORTER, USAF:

THERE HAS BEEN RECEIVED FROM HEADQUARTERS, U.S. AIR FORCE, DEPARTMENT OF THE AIR FORCE, YOUR LETTER OF FEBRUARY 27, 1950, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER SUBMITTED THEREWITH, STATED IN FAVOR OF SECOND LIEUTENANT WILLIAM P. BUCKLES, USAFR, FOR REIMBURSEMENT OF COST OF TRANSPORTING HIS DEPENDENT (WIFE) FROM HIS HOME AT MENDENHALL, MISSISSIPPI, TO SAN ANTONIO, TEXAS, ON JULY 3, 1949.

IT APPEARS THAT THE CLAIMANT ENLISTED IN THE REGULAR AIR FORCE FROM CIVILIAN LIFE, AS A STAFF SERGEANT, AT U.S. ARMY AND AIR FORCE RECRUITING STATION, HATTIESBURG, MISSISSIPPI, ON DECEMBER 30, 1948, FOR ASSIGNMENT AT OFFICER CANDIDATE SCHOOL, 3543D AFBU, UNDER THE PROVISIONS OF AIR FORCE REGULATION 53-2, SEPTEMBER 1, 1948, AND THAT BY PARAGRAPH 7, SPECIAL ORDERS NO. 207, ISSUED AT THAT STATION ON THE SAME DATE, HE WAS DIRECTED TO PROCEED TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, AND REPORT TO THE COMMANDING GENERAL THEREOF FOR DISPOSITION. SUCH ORDERS CONTAINED THE ABBREVIATION "PCS", DENOTING A PERMANENT CHANGE OF STATION. BY PARAGRAPH 1, SPECIAL ORDERS NO. 103, ISSUED AT LACKLAND AIR FORCE BASE ON JULY 1, 1949, THE CLAIMANT WAS APPOINTED SECOND LIEUTENANT, USAFR, AND WAS ORDERED TO ACTIVE DUTY THEREAT EFFECTIVE JULY 1, 1949. SAID ORDERS ALSO INCLUDED THE ABBREVIATION "PCS". CLAIMANT CERTIFIES THAT HIS DEPENDENT TRAVELED FROM HIS HOME TO HIS DUTY STATION ON JULY 3, 1949.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT, 364, CONTAINS AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS OF ELIGIBLE AIR FORCE RESERVE PERSONNEL "FROM HOME TO FIRST STATION *** WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY". SAID ORDERS OF DECEMBER 30, 1948, SHOW THAT CLAIMANT'S ENLISTMENT WAS FOR THE PURPOSE OF ATTENDING AN OFFICER CANDIDATE SCHOOL UNDER THE PROVISIONS OF AIR FORCE REGULATION NO. 53-2, PARAGRAPH 24B OF WHICH PROVIDES THAT ALL NONGRADUATING CANDIDATES WHO WERE NOT ON ACTIVE DUTY AT TIME OF APPLICATION WILL BE DISCHARGED FOR THE CONVENIENCE OF THE GOVERNMENT, WHILE PARAGRAPHS 25A AND B THEREOF PROVIDE THAT CANDIDATES WHO SUCCESSFULLY COMPLETE THE PRESCRIBED COURSE OF TRAINING WILL BE COMMISSIONED SECOND LIEUTENANTS IN THE AIR FORCE RESERVE, AND WILL SERVE ON ACTIVE DUTY FOR THE PERIOD STATED THEREIN. THUS IT APPEARS THAT IN FACT DID NOT ENLIST FOR ACTIVE DUTY IN THE REGULAR AIR FORCE BUT THAT THE TENURE OF HIS SERVICE IN THE REGULAR AIR FORCE WAS LIMITED EXPRESSLY TO HIS PERIOD OF TRAINING IN THE OFFICER CANDIDATE SCHOOL, AND THAT SUCH PERIOD OF SERVICE WAS BUT PRELIMINARY TO HIS COMMISSIONING IN THE AIR FORCE RESERVE. UNDER SUCH CIRCUMSTANCES, CLAIMANT'S APPOINTMENT AS AN OFFICER IN THE AIR FORCE RESERVE IS ANALOGOUS TO THAT OF A RESERVE OFFICER APPOINTED FROM CIVILIAN LIFE. HENCE HIS SIMULTANEOUS ASSIGNMENT TO DUTY AT LACKLAND AIR FORCE BASE ON JULY 1, 1949, UNDER THE ORDERS OF THAT DATE, PROPERLY MAY BE REGARDED AS AN ASSIGNMENT TO DUTY AT HIS FIRST STATION WITHIN THE MEANING OF THE ABOVE- CITED PROVISIONS OF THE PAY READJUSTMENT ACT OF 1942, AND HE IS ENTITLED TO REIMBURSEMENT OF THE COSTS OF HIS WIFE'S TRANSPORTATION TO SUCH STATION, AT THE RATE OF FOUR CENTS PER MILE FOR THE DISTANCE FROM HIS HOME AT MENDENHALL, MISSISSIPPI, TO SAN ANTONIO, TEXAS.

PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED ON THAT BASIS, IF OTHERWISE CORRECT.