on notice of a specific mistake surmised as to the interpretation of the specifications of the invitation. Such is not the case here.

Accordingly, on the present record, no legal basis exists for modifying the price specified in contract No. DA-36-039-SE-75209.

[B-135521]

Military Personnel-Retired Pay-Service Credits-Dual Status as Officer and Enlisted Member

A member of the uniformed services who held a commission in the Air Force Reserve concurrently with a status as a retired enlisted man in the Enlisted Reserve Corps during a period prior to January 1, 1953-the effective date of the Armed Forces Reserve Act of 1952-when such dual status was permissible may have the inactive service as a commissioned officer counted in the com putation of basic pay for retired pay purposes under 10 U. S. C. 8911 upon retirement of the member following recall and active duty as a commissioned officer. To Lieutenant Colonel C. W. Griffin, Department of the Air Force, May 26, 1958:

By letter dated March 11, 1958, the Office of Directorate of Accounting and Finance forwarded your letter of February 21, 1958, with enclosures, presenting for decision a voucher stated in favor of Lieutenant Colonel Floyd C. Basore, USAF, retired, for the difference between retired pay computed on the basis of 75 percent of the basic pay of a lieutenant colonel with over 26 years' service and such pay computed as 65 percent of basic pay of a lieutenant colonel with over 22 years' service, for the period December 1, 1957, to January 31, 1958. Your submission was assigned Air Force Request No. 324.

It appears from the information furnished that Colonel Basore was retired as a master sergeant on June 30, 1948, under the provisions of Public Law 190, 79th Congress, as amended (now codified into section 8914, Title 10 of the U. S. Code), after completing 20 years, 1 month and 26 days active service, and 20 years 2 months and 0 days service for basic pay purposes, and was transferred to the Air Force Reserve. It further appears that he was paid retired pay for the period July 1, 1948, through July 16, 1952, in the grade of master sergeant; that he was recalled to extended active duty on July 17, 1952, in his reserve grade of major, and was promoted to the grade of lieutenant colonel, Air Force Reserve, effective July 1, 1955. You point out that by serving on active duty in a commissioned grade subsequent to his retirement as an enlisted man, he acquired the ten years' active commissioned service necessary to establish eligibility for retirement benefits as a commissioned officer under section 8911, Title 10 of the U. S. Code.

By paragraphs 29 and 30, Special Orders No. 227, Department of the Air Force, November 20, 1957, the officer, upon his own application, was discharged from his retired status and from his status as a master sergeant, Air Force Reserve, effective November 30, 1957, and in the same orders (paragraph 30) the officer was relieved from assignment and duty as a major and was retired in the grade of lieutenant colonel effective November 30, 1957. The statement of service which accompanied your submission shows that, except for a period of approximately seven months, Colonel Basore served as an enlisted man in the Regular Army during the period November 4, 1927, to June 18, 1942, and as an enlisted man in the United States Air Force from January 12, 1948, to June 30, 1948. A notation appearing after the latter entry states that the enlisted man was retired in the grade of master sergeant under section II, Army Regulations 615395, and transferred to the Enlisted Reserve Corps. That statement is further amplified with the remark that "Com AF Res remained in effect." In that connection, the record shows that the officer was appointed a major in the Air Force Reserve on June 10, 1947; that he was appointed a major in the Air Force Reserve (indefinite) on November 25, 1952; and that he was promoted to lieutenant colonel, Air Force Reserve, on July 1, 1955. The statement of service also shows that Colonel Basore served on active duty as an officer in the Army of the United States from June 19, 1942, to January 7, 1948, and as an officer in the United States Air Force from July 17, 1952, to November 30, 1957.

You say that the officer was certified for retired pay commencing December 1, 1957, in the grade of lieutenant colonel with 25 years, 6 months and 10 days active service, and 29 years and 7 months for basic pay purposes, which included 4 years and 16 days on the retired list in an inactive status as a master sergeant. You relate that the Judge Advocate General of the Air Force has expressed an opinion that service from July 1, 1948, to July 16, 1952, is creditable in determining the basic pay upon which retired pay is computed, since it was based on service as a major, Air Force Reserve, rather than service as a retired enlisted man, and may be distinguished from the situation of an enlisted man advanced on the retired list to commissioned grade. You feel, however, that some doubt exists as to the propriety of crediting such service for retired pay since section 202 (b) of the Career Compensation Act of 1949, 37 U. S. C. 233 (b), precludes service on the retired list (other than active service) from being used to increase retired pay while on a retired list in a retired status.

Colonel Basore was first retired as a master sergeant in the Regular Air Force under the provisions of the act of October 6, 1945, as

amended by section 6 of the act of August 10, 1946, 60 Stat. 995, 996, 10 U. S. C. 948. That act provided that "Whenever any enlisted man of the Regular Army [Regular Air Force] shall have completed a minimum of twenty but less than thirty years of active Federal service, he may, under such regulations as the Secretary of War [Secretary of the Army or Secretary of the Air Force] shall prescribe, upon his own request be transferred to the Enlisted Reserve Corps and thereupon will be placed upon the retired list of the Regular Army [Air Force]." Provisions substantially the same are now contained in section 8914 of the new Title 10 U. S. Code. Following a period of active duty as a commissioned officer, Colonel Basore was subsequently retired (November 30, 1957) as an officer under the provisions of section 8911 of Title 10 of the U. S. Code. Section 8991 of the new Title 10 prescribes the method for computing retired pay for retirement under section 8911 as follows: The amount of the monthly basic pay of the member's retired grade multiplied by 22 percent of years of service credited to him in determining basic

pay.

serve

Under the provisions of section 202 (a) (2) of the Career Compensation Act of 1949, 63 Stat. 807, 37 U. S. C. 233 (a) (2), members of the uniformed services are entitled to count for basic pay purposes "full time for all periods during which they were enlisted or held appointments as commissioned officers *** in any of the regular components of the uniformed services, or in the Regular Army Reor in the Air Force Reserve ***." Section 202 (b) of 1949 the act provides, in express terms, that except for active service, service credit authorized in that section "shall not be included to increase retired pay *** except as provided in Title IV of this act." During the period July 1, 1948, to July 16, 1952, Colonel Basore held a dual status, namely, inactive status as an officer in the Air Force Reserve, and an inactive status as an enlisted man on the retired list (Enlisted Reserve Corps). Section 229 of the Armed Forces Reserve Act of 1952, 66 Stat. 488, 50 U. S. C. 953 expressly provides that, "Except as otherwise provided by this Act, no person shall be a member of more than one reserve component at the same time." However, prior to January 1, 1953, the effective date of the Armed Forces Reserve Act of 1952, dual membership as an officer of the Officers' Reserve Corps and as a retired enlisted member in the Enlisted Reserve Corps was permissible. See in that connection the opinion of The Judge Advocate General of the Army dated November 21, 1952, JAGA 1952/7716 (2 Dig. Ops., RES F section 41.7, page 670). Also, see the following digest of opinion on page 671, respecting an enlisted man transferred to the Enlisted Reserve Corps, and the digest of opinions in 3 Dig. Ops., RES F section 41.7, pages 666–677.

Since Colonel Basore held a commission as an officer in the Air Force Reserve concurrently with his status as a retired enlisted man in the Enlisted Reserve Corps, and since the period during which he held a Reserve commission is creditable for basic pay purposes under the provisions of section 202 (a) (2) of the 1949 act, the officer is entitled to count such service during the period July 1, 1948, to July 16, 1952, in computing basic pay under the provisions of section 8991, Title 10, U. S Code.

Accordingly, payment on the voucher (returned herewith) is authorized, if otherwise correct.

[B-135593]

Military Personnel-Pay-Active Duty-Travel Time on Release

A Naval Reserve officer who was detached from active duty training at the commencement of a day so that he could have departed and reached home the same day by taking the first available air transporation-the mode of transportation used-but who did not pick up his orders in time to depart by the first available air flight may not receive additional pay and allowances for another day's travel time.

To Joseph D. Miller, May 26, 1958:

Further reference is made to your letter dated March 4, 1958, requesting further consideration of your claim for additional pay and allowances for one day's travel time on release from active duty training as commander, United States Naval Reserve, service No. 110287, which was disallowed by settlement dated February 26, 1958.

Your orders dated March 29, 1957, serial number 140-793, directed that you report on April 14, 1957, before 1600 hours, to the Commanding Officer, Naval Supply Center, Oakland, California, for 14 days of active duty training. Paragraph 3 of those orders state that

You are entitled to active duty pay and allowances for the number of days active duty for training specified above plus the time necessary to perform travel by mode of transportation employed or for constructive travel over the official route, whichever is less. Travel at no cost to the Government.

The reporting endorsement on those orders shows that you reported for that duty at 0915 hours on April 14, 1957, and the detaching endorsement thereon shows that your duty was completed and that you were released from active duty training at 0001 hours on April 27, 1957.

By letter dated December 23, 1957, the Office of the Comptroller, Department of the Navy, made a report as follows:

1. As shown by enclosure (1) [Copy of orders of 29 Mar 1957 to active duty training, issued by COM 3], CDR MILLER reported for active duty training at

the U. S. Naval Supply Center, Oakland, California, at 0915 14 April 1957, and was released from such active training duty at 0001 27 April. Under the procedures followed by the U. S. Naval Supply Center, when the fourteenth day of active duty training falls on Saturday, as in this case, a member's release orders are dated at 0001 on that day so that the member, if he desires, may pick up his orders immediately after midnight and depart for his home. CDR MILLER could have picked up his orders immediately after 0001 27 April, but did not pick up such orders until 1100 27 April. If the orders had been picked up at or immediately after 0800 27 April (normal time of commencement of work day), available flight schedules show that CDR MILLER could have departed from Oakland or San Francisco and arrived at his home prior to midnight 27 April, the last day of active duty training, for which he received pay and allowances. Paragraph 044735-1a, Navy Comptroller Manual, provides, in part, as follows:

Active duty pay and allowances commence with the date on which the member would be required to leave the place from which ordered to training duty in order to reach, by the shortest usually traveled route, the place of training duty and end with the date on which he could have reached his home by that route after detachment. *

In 20 Comp. Gen. 309, we held, quoting the syllabus, that—

An Army Reserve officer is entitled to pay and allowances for travel time by rail over the shortest usually traveled route necessary to comply with orders calling him to active duty, but constructive travel time may not be counted to authorize pay and allowances for any period prior to the date he actually commenced travel by airplane merely because such travel required less time than if travel had been by rail.

The same rule necessarily would be for application to Naval Reserve officers as to Army Reserve officers and for return travel to their homes by airplane as well as airplane travel from their homes to the training duty stations. It appears from your orders that you were to proceed to your home so that your pay and allowances would end in accordance with the regulation cited above at the earliest date on which you could have reached your home after detachment. Since your orders plainly show that you were released- that is, detached-from active duty training at 0001 on April 27, 1957, and as it appears that the mode of transportation employed was by air, and as you could have reached your home before midnight on April 27, 1957, traveling by air had you taken the first available air transportation after detachment or after the commencement of normal working hours on that date, there is no legal basis for the payment of pay and allowances for an additional day because you failed to pick up your orders prior to 1100 on April 27, 1957.

While you state that you were not directed to pick up your orders at 0001 or at 0800 on April 27, 1957, it seems apparent from your letters dated December 27, 1957, and March 4, 1958, that you were aware of the fact that no duty was required of you on April 27, 1957, and that you were detached from duty as of the commencement of that day so as to permit you to depart for home by the first available transportation. In these circumstances, since you could have arrived home