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B-112407, MARCH 29, 1963, 42 COMP. GEN. 550

B-112407 Mar 29, 1963
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UNIFORMS - MILITARY PERSONNEL - RESERVISTS - QUALIFICATION EXTENDED ACTIVE DUTY ALLOWANCE FORMER REGULAR OFFICERS OF THE ARMED FORCES TRANSFERRED TO RESERVE COMPONENTS UPON SATISFYING THE 4-YEAR SERVICE REQUIREMENT OF 37 U.S.C. 416 (A) ARE ENTITLED TO A $50 REIMBURSEMENT QUADRENNIAL UNIFORM MAINTENANCE ALLOWANCE. DEFERMENT OF PAYMENT OF THE ALLOWANCE IS NOT REQUIRED AFTER OCTOBER 31. 1963: REFERENCE IS MADE TO LETTER DATED FEBRUARY 14. HE HAD PRIOR ACTIVE SERVICE AS AN OFFICER OF A REGULAR COMPONENT FROM WHICH HE WAS SEPARATED IN JUNE 1959. OR WILL HE BECOME ENTITLED TO PAYMENT AT SOME LATER DATE NOT EARLIER THAN SIX YEARS AFTER THE DATE OF HIS SEPARATION AS A REGULAR OFFICER? 2. FOR THE FACT THAT HE HAD PRIOR ACTIVE SERVICE AS AN OFFICER OF A REGULAR COMPONENT FROM WHICH HE WAS SEPARATED PRIOR TO NOVEMBER 1.

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B-112407, MARCH 29, 1963, 42 COMP. GEN. 550

UNIFORMS - MILITARY PERSONNEL - RESERVISTS - QUALIFICATION - MAINTENANCE ALLOWANCE. UNIFORMS - MILITARY PERSONNEL - RESERVISTS - QUALIFICATION EXTENDED ACTIVE DUTY ALLOWANCE FORMER REGULAR OFFICERS OF THE ARMED FORCES TRANSFERRED TO RESERVE COMPONENTS UPON SATISFYING THE 4-YEAR SERVICE REQUIREMENT OF 37 U.S.C. 416 (A) ARE ENTITLED TO A $50 REIMBURSEMENT QUADRENNIAL UNIFORM MAINTENANCE ALLOWANCE, THE RESTRICTION THAT DUTY PERFORMED WITHIN 2 YEARS AFTER SEPARATION FROM A REGULAR COMPONENT MAY NOT BE USED TO QUALIFY FOR THE ALLOWANCE HAVING BEEN REMOVED BY THE ACT OF SEPTEMBER 7, 1962, EFFECTIVE NOVEMBER 1, 1962. THE RESTRICTION THAT DUTY PERFORMED BY RESERVE OFFICERS OF THE ARMED FORCES WITHIN 2 YEARS AFTER TRANSFER FROM A REGULAR COMPONENT DOES NOT QUALIFY THE OFFICERS FOR THE $100 EXTENDED ACTIVE DUTY UNIFORM ALLOWANCE AUTHORIZED UNDER 37 U.S.C. 416 (B) HAVING BEEN REMOVED BY THE ACT OF SEPTEMBER 7, 1962, EFFECTIVE NOVEMBER 1, 1962, DEFERMENT OF PAYMENT OF THE ALLOWANCE IS NOT REQUIRED AFTER OCTOBER 31, 1962.

TO THE SECRETARY OF DEFENSE, MARCH 29, 1963:

REFERENCE IS MADE TO LETTER DATED FEBRUARY 14, 1963, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER REQUESTING DECISION ON THE FOLLOWING QUESTIONS AS SET FORTH IN COMMITTEE ACTION NO. 313 OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE:

1. ON JULY 1, 1963, A RESERVE OFFICER COMPLETES A PERIOD OF FOUR YEARS OF SERVICE "IN AN ACTIVE STATUS IN A RESERVE COMPONENT" SO AS TO SATISFY THE REQUISITES OF 37 U.S.C. 416 (A) FOR ENTITLEMENT TO $50 AS REIMBURSEMENT FOR THE PURCHASE OF UNIFORMS AND EQUIPMENT. HOWEVER, HE HAD PRIOR ACTIVE SERVICE AS AN OFFICER OF A REGULAR COMPONENT FROM WHICH HE WAS SEPARATED IN JUNE 1959. PRIOR TO HIS SERVICE AS A REGULAR, HE HAD BEEN AN OFFICER OF THE NAVAL RESERVE AND HAD BEEN PAID AN "INITIAL" UNIFORM ALLOWANCE UNDER THE NAVAL RESERVE ACT OF 1938. DOES THE DATE OF HIS SEPARATION AS A REGULAR OFFICER PERMIT PAYMENT OF THE $50 REIMBURSEMENT ON JULY 1, 1963, OR WILL HE BECOME ENTITLED TO PAYMENT AT SOME LATER DATE NOT EARLIER THAN SIX YEARS AFTER THE DATE OF HIS SEPARATION AS A REGULAR OFFICER?

2. IF THE EVENTS IN QUESTION 1, BEGINNING WITH SEPARATION AS AN OFFICER OF A REGULAR COMPONENT, OCCURRED IN THE SAME RELATIVE CHRONOLOGICAL SEQUENCE, BUT AFTER OCTOBER 31, 1962, WOULD THAT QUESTION REQUIRE A DIFFERENT ANSWER?

3. AFTER OCTOBER 31, 1962, A RESERVE OFFICER QUALIFIES FOR THE $100 ACTIVE DUTY REIMBURSEMENT FOR UNIFORMS, AS AUTHORIZED UNDER 37 U.S.C. 416 (B), BUT FOR THE FACT THAT HE HAD PRIOR ACTIVE SERVICE AS AN OFFICER OF A REGULAR COMPONENT FROM WHICH HE WAS SEPARATED PRIOR TO NOVEMBER 1, 1962, BUT WITHIN TWO YEARS OF ENTERING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 90 DAYS. UNDER THE CIRCUMSTANCES, MUST PAYMENT OF THE $100 BE DEFERRED AT LEAST TWO YEARS FROM THE DATE OF HIS SEPARATION AS A REGULAR, OR IS AN EARLIER DATE OF PAYMENT PERMITTED?

4. IF ALL OF THE EVENTS IN QUESTION 3 OCCURRED IN THE SAME RELATIVE CHRONOLOGICAL SEQUENCE, BUT AFTER OCTOBER 31, 1962, WOULD THAT QUESTION REQUIRE A DIFFERENT ANSWER?

THE ACT OF SEPTEMBER 7, 1962, PUBLIC LAW NO. 87-649, 76 STAT. 451, REVISED, CODIFIED, AND ENACTED AS TITLE 37 OF U.S. CODE, THE LAWS RELATING TO PAY AND ALLOWANCES OF THE UNIFORMED SERVICES OF THE UNITED STATES. PRIOR LAWS RELATING TO UNIFORM ALLOWANCE FOR OFFICERS OF RESERVE COMPONENTS (SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 9, 1952, CH. 608, 66 STAT. 492, 50 U.S.C. 974 REPEALED AND REENACTED AS SECTION 305 OF THE CAREER COMPENSATION ACT OF 1949, BY THE ACT OF AUGUST 10, 1956, 70A STAT. 628, 37 U.S.C. 255 (1958 ED.) CONTAINED THREE CORRESPONDING SUBSECTIONS AUTHORIZING UNIFORM ALLOWANCES AS FOLLOWS: SUBSECTION (A) AUTHORIZED AN INITIAL UNIFORM ALLOWANCE OF $200, SUBSECTION (B) A QUADRENNIAL MAINTENANCE UNIFORM ALLOWANCE OF $50 AND SUBSECTION (C) AN EXTENDED ACTIVE-DUTY UNIFORM ALLOWANCE OF $100. SUBSECTION (A) OF THE 1952 ACT AND OF THE 1956 ACT RELATING TO THE $200 INITIAL UNIFORM ALLOWANCE CONTAINED THE FOLLOWING PROVISION:

THAT ANY INDIVIDUAL WHO HAS SERVED ON ACTIVE DUTY AS AN OFFICER OF A REGULAR COMPONENT OF THE ARMED FORCES OF THE UNITED STATES MAY NOT BE QUALIFIED FOR ENTITLEMENT UNDER THIS SECTION BY DUTY PERFORMED WITHIN TWO YEARS AFTER SEPARATION FROM SUCH REGULAR COMPONENT.

SINCE THE SECTION CONTAINING THIS GENERAL PROVISION RELATED TO ALL THREE TYPES OF UNIFORM ALLOWANCES, A REGULAR OFFICER TRANSFERRED TO THE RESERVES WAS PRECLUDED FROM ENTITLEMENT TO AN INITIAL UNIFORM ALLOWANCE OR EXTENDED ACTIVE-DUTY UNIFORM ALLOWANCE FOR A PERIOD OF 2 YEARS AND FROM THE QUADRENNIAL MAINTENANCE UNIFORM ALLOWANCE FOR A PERIOD OF 6 YEARS AFTER SEPARATION FROM THE REGULAR COMPONENT. 32 COMP. GEN. 255, ANSWERS TO QUESTIONS 4 AND 5 AT PAGE 261.

PUBLIC LAW 87-649 CODIFIED THE PROVISIONS RELATING TO THE INITIAL $200 UNIFORM ALLOWANCE IN SECTION 415 OF TITLE 37, U.S. CODE, AND THE PROVISIONS RELATING TO THE $50 QUADRENNIAL MAINTENANCE UNIFORM ALLOWANCE AND THE $100 EXTENDED ACTIVE DUTY UNIFORM ALLOWANCE IN SECTION 416. THE PROVISION OF SUBSECTION (A) QUOTED ABOVE CONCERNING FORMER REGULAR OFFICERS IS NOW CODIFIED IN SUBSECTION (C) OF SECTION 415, WHICH LIMITS ITS APPLICATION TO THE INITIAL $200 UNIFORM ALLOWANCE PROVIDED BY SUBSECTION (A) OF THAT SECTION, AND READS AS FOLLOWS:

AN OFFICER WHO HAS SERVED ON ACTIVE DUTY AS AN OFFICER OF A REGULAR COMPONENT OF AN ARMED FORCE MAY NOT, ON THE BASIS OF ANY DUTY PERFORMED WITHIN TWO YEARS AFTER HIS SEPARATION FROM THAT COMPONENT, QUALIFY FOR AN INITIAL ALLOWANCE UNDER SUBSECTION (A) OF THIS SECTION.

NO SUCH RESTRICTION IS MADE AGAINST QUALIFYING FOR THE ADDITIONAL QUADRENNIAL MAINTENANCE AND EXTENDED ACTIVE DUTY UNIFORM ALLOWANCES AUTHORIZED BY SECTION 416.

THERE IS NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT WHICH THROWS ANY LIGHT ON THE QUESTIONS PRESENTED AND WHILE SECTION 12 (A) OF PUBLIC LAW 87 -649, 76 STAT. 497, STATES THAT IT WAS THE LEGISLATIVE PURPOSE IN CODIFYING TITLE 37 TO RESTATE, WITHOUT SUBSTANTIVE CHANGE, THE LAW REPLACED BY THOSE SECTIONS ON THE EFFECTIVE DATE OF THE ACT, IT NEVERTHELESS IS CLEAR FROM THE LANGUAGE OF THE CODIFICATION THAT THE LAW RELATING TO UNIFORM ALLOWANCES REPRESENTS A SUBSTANTIVE CHANGE OF THE PRIOR LAWS RELATING TO ENTITLEMENT TO UNIFORM ALLOWANCES AND THAT, SUBSEQUENT TO THE EFFECTIVE DATE OF THE ACT, THE 2-YEAR WAITING PERIOD IMPOSED AGAINST THE FORMER REGULAR OFFICERS TRANSFERRED TO A RESERVE COMPONENT NOW APPLIES ONLY TO THE INITIAL UNIFORM ALLOWANCE AUTHORIZED BY SECTION 415 (A).

HENCE, ANY RESERVE OFFICER, INCLUDING A FORMER REGULAR OFFICER TRANSFERRED TO THE RESERVES, IS ENTITLED TO THE $50 QUADRENNIAL REIMBURSEMENT UNIFORM ALLOWANCE PROVIDED IN SECTION 416 (A) IF HE HAS NOT BECOME ENTITLED TO A UNIFORM REIMBURSEMENT OR ALLOWANCE AS AN OFFICER DURING THE PRECEDING 4 YEARS. LIKEWISE, ANY "RESERVE OFFICER OF AN ARMED FORCE (INCLUDING A FORMER REGULAR OFFICER TRANSFERRED TO THE RESERVES), OR AN OFFICER OF THE ARMY, OR THE AIR FORCE, WITHOUT SPECIFICATION OF COMPONENT" IS ENTITLED TO THE $100 EXTENDED ACTIVE DUTY UNIFORM ALLOWANCE AUTHORIZED BY SECTION 416 (B) WITHOUT RESTRICTION OTHER THAN THOSE CONTAINED IN EXCEPTIONS (1) AND (2) OF THAT SUBSECTION.

ACCORDINGLY, QUESTION 1 IS ANSWERED BY SAYING THAT THE OFFICER WHOSE SITUATION IS THERE DESCRIBED WILL BE ENTITLED TO PAYMENT OF THE $50 QUADRENNIAL UNIFORM ALLOWANCE ON JULY 1, 1963, UPON COMPLETION OF THE 4- YEAR PERIOD OF QUALIFYING SERVICE AS PROVIDED IN SECTION 416 (A). FURTHERMORE, ANY OFFICER OF THIS CATEGORY WHO ON NOVEMBER 1, 1962, HAD COMPLETED 4 YEARS OF QUALIFYING SERVICE PRIOR TO THAT DATE BUT HAD NOT BEEN PAID THE $50 QUADRENNIAL UNIFORM MAINTENANCE ALLOWANCE SOLELY BECAUSE OF THE 2-YEAR RESTRICTION IMPOSED BY THE LAWS IN EFFECT ON OCTOBER 31, 1962, BECAME ENTITLED TO AND SHOULD BE PAID THIS UNIFORM ALLOWANCE AT THIS TIME. QUESTION 2 IS ANSWERED ACCORDINGLY.

SINCE THE 2-YEAR RESTRICTION CONTAINED IN SECTION 415 (C) HAS NO APPLICATION TO THE OFFICERS DESCRIBED IN SECTION 416 (B), DEFERMENT OF PAYMENT OF THE $100 ACTIVE-DUTY UNIFORM ALLOWANCE TO FORMER REGULAR OFFICERS TRANSFERRED TO THE RESERVES IS NOT REQUIRED AFTER OCTOBER 31, 1962, WHERE SUCH OFFICERS OTHERWISE QUALIFY FOR THE ALLOWANCE. QUESTION 3 IS ANSWERED ACCORDINGLY AND QUESTION 4 THEREFORE REQUIRES NO ANSWER.

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