A-11936, DECEMBER 22, 1925, 5 COMP. GEN. 442

A-11936: Dec 22, 1925

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UNIFORM - NAVAL RESERVE AN OFFICER OF THE NAVAL RESERVE FORCE WHO WAS ENTITLED TO CREDIT OF THE UNIFORM GRATUITY OF $50 UPON FIRST REPORTING FOR ACTIVE DUTY FOR TRAINING. WHO WAS ISSUED IN KIND ONLY A PORTION OF THE GRATUITY. WHO SUBSEQUENTLY WAS APPOINTED IN THE FLEET NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28. SUCH OFFICER IS NOT ENTITLED TO ANY FURTHER GRATUITY AS A MEMBER OF THE NAVAL RESERVE UNTIL FOUR YEARS FROM THE DATE THAT PARTIAL CREDIT FOR THE UNIFORM GRATUITY WAS ORIGINALLY MADE IN HIS ENROLLMENT IN THE NAVAL RESERVE FORCE. IT IS STATED THAT LIEUTENANT SCOTT ENROLLED AS AN OFFICER OF CLASS 2 OF THE NAVAL RESERVE FORCE FEBRUARY 26. WAS APPOINTED SEPTEMBER 10. DURING HIS ENROLLMENT IN THE NAVAL RESERVE FORCE THERE WAS ISSUED TO LIEUTENANT SCOTT UNIFORM CLOTHING TO THE VALUE OF $15.75.

A-11936, DECEMBER 22, 1925, 5 COMP. GEN. 442

GRATUITIES, UNIFORM - NAVAL RESERVE AN OFFICER OF THE NAVAL RESERVE FORCE WHO WAS ENTITLED TO CREDIT OF THE UNIFORM GRATUITY OF $50 UPON FIRST REPORTING FOR ACTIVE DUTY FOR TRAINING, UNDER THE PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 589, WHO WAS ISSUED IN KIND ONLY A PORTION OF THE GRATUITY, AND WHO SUBSEQUENTLY WAS APPOINTED IN THE FLEET NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, MAY BE PAID THE BALANCE DUE ON THE UNIFORM GRATUITY TO WHICH ENTITLED IN HIS ENROLLMENT IN THE NAVAL RESERVE FORCE. SUCH OFFICER IS NOT ENTITLED TO ANY FURTHER GRATUITY AS A MEMBER OF THE NAVAL RESERVE UNTIL FOUR YEARS FROM THE DATE THAT PARTIAL CREDIT FOR THE UNIFORM GRATUITY WAS ORIGINALLY MADE IN HIS ENROLLMENT IN THE NAVAL RESERVE FORCE.

COMPTROLLER GENERAL MCCARL TO CAPT. GEORGE G. SEIBELS, UNITED STATES NAVY, DECEMBER 22, 1925:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE SECRETARY OF THE NAVY YOUR REQUEST OF NOVEMBER 3, 1925, FOR DECISION AS TO THE UNIFORM GRATUITY WHICH MAY BE CREDITED LIEUT. (JUNIOR GRADE) SAMPSON SCOTT (D F), U.S.N.R. IT IS STATED THAT LIEUTENANT SCOTT ENROLLED AS AN OFFICER OF CLASS 2 OF THE NAVAL RESERVE FORCE FEBRUARY 26, 1923, AND WAS APPOINTED SEPTEMBER 10, 1925, AN OFFICER OF THE FLEET NAVAL RESERVE OF THE NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, AND THAT HE HAS EXECUTED OATH AND ACCEPTANCE OF THE OFFICE. DURING HIS ENROLLMENT IN THE NAVAL RESERVE FORCE THERE WAS ISSUED TO LIEUTENANT SCOTT UNIFORM CLOTHING TO THE VALUE OF $15.75, AND THE QUESTION NOW ARISES AS TO WHAT, IF ANY, GRATUITY MAY BE CREDITED UNDER THE PROVISIONS OF SECTION 12 OF THE ACT OF FEBRUARY 28, 1925, AS FOLLOWS:

THAT UPON BEING APPOINTED IN THE FLEET NAVAL RESERVE AN OFFICER SHALL BE PAID A SUM OF $100 FOR PURCHASE OF REQUIRED UNIFORMS AND THEREAFTER HE SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON COMPLETION OF EACH PERIOD OF FOUR YEARS IN THE FLEET NAVAL RESERVE: PROVIDED, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED A UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER OF THE ABOVE MENTIONED SUMS UNTIL THE EXPIRATION OF FOUR YEARS FROM THE DATE OF THE RECEIPT OF SUCH GRATUITY: PROVIDED FURTHER, THAT IN TIME OF WAR OR NATIONAL EMERGENCY A FURTHER SUM OF $150 FOR PURCHASE OF REQUIRED UNIFORMS SHALL BE PAID TO OFFICERS OF ALL CLASSES OF THE NAVAL RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY.

THE ACT OF AUGUST 29, 1916, 39 STAT. 589, HAD PROVIDED A UNIFORM GRATUITY FOR MEMBERS OF THE NAVAL RESERVE FORCE AS FOLLOWS:

MEMBERS OF THE NAVAL RESERVE FORCE SHALL, UPON FIRST REPORTING FOR ACTIVE SERVICE FOR TRAINING DURING EACH PERIOD OF ENROLLMENT, BE CREDITED WITH A UNIFORM GRATUITY OF $50 FOR OFFICERS AND OF $30 FOR MEN.

UPON REPORTING FOR ACTIVE SERVICE IN TIME OF WAR OR NATIONAL EMERGENCY THE UNIFORM GRATUITY SHALL BE $150 FOR OFFICERS AND $60FOR MEN, OR THE DIFFERENCE BETWEEN THESE AMOUNTS AND ANY AMOUNTS THAT MAY HAVE BEEN CREDITED AS A UNIFORM GRATUITY DURING THE CURRENT ENROLLMENT. * * *.

SECTIONS 1 AND 7 OF THE ACT OF FEBRUARY 28, 1925, PROVIDE:

THAT THE NAVAL RESERVE FORCE, ESTABLISHED UNDER THE ACT OF AUGUST 29, 1916, IS HEREBY ABOLISHED, AND IN LIEU THEREOF THERE IS HEREBY CREATED AND ESTABLISHED, AS A COMPONENT PART OF THE UNITED STATES NAVY, A NAVAL RESERVE WHICH SHALL CONSIST OF THREE CLASSES NAMELY: THE FLEET NAVAL RESERVE, THE MERCHANT MARINE NAVAL RESERVE, AND THE VOLUNTEER NAVAL RESERVE: PROVIDED, THAT ALL OFFICERS AND MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE FLEET NAVAL RESERVE, THE NAVAL RESERVE, OR THE NAVAL RESERVE FLYING CORPS OF THE NAVAL RESERVE FORCE, ARE HEREBY TRANSFERRED TO THE FLEET NAVAL RESERVE CREATED BY THIS ACT, * * *: PROVIDED FURTHER, THAT SUCH TRANSFERS OF OFFICERS AND ENROLLED MEN SHALL BE FOR THE UNEXPIRED PERIOD OF THEIR CURRENT ENROLLMENT IN THE NAVAL RESERVE FORCE: AND PROVIDED FURTHER, THAT WITHIN THREE MONTHS AFTER THE DATE OF THIS ACT ANY OFFICER SO TRANSFERRED PURSUANT TO THIS SECTION MAY MAKE APPLICATION TO THE SECRETARY OF THE NAVY FOR APPOINTMENT IN THE NAVAL RESERVE HEREIN CREATED, AND SUCH OFFICER SHALL, IF FOUND PHYSICALLY QUALIFIED FOR APPOINTMENT BE APPOINTED IN ACCORDANCE WITH SECTION 7 OF THIS ACT IN THE CONFIRMED GRADE OR RANK HELD BY HIM IN THE NAVAL RESERVE FORCE WITH DATE OF PRECEDENCE IN ACCORDANCE WITH SECTION 15 OF THIS ACT: * * *

SEC. 7. COMMISSIONED AND WARRANT OFFICERS APPOINTED OR TRANSFERRED TO THE NAVAL RESERVE SHALL BE COMMISSIONED OR WARRANTED TO SERVE DURING THE PLEASURE OF THE PRESIDENT, * * *.

THE PURPOSE WAS THAT THE NAVAL RESERVE FORCE SHOULD MERGE INTO THE NEW NAVAL RESERVE THE PERSONNEL SERVING OUT THEIR ENROLLMENTS; OFFICERS UPON APPLICATION MIGHT BE APPOINTED IN THE NAVAL RESERVE THUS TERMINATING THEIR ENROLLMENTS. THE PROVISO OF SECTION 12 WAS DESIGNED TO PREVENT IN THE LATTER CASE OF AN APPOINTMENT BEFORE THE EXPIRATION OF ENROLLMENT A DOUBLING OF THE UNIFORM GRATUITY, THE OFFICER HAVING THERETOFORE RECEIVED A UNIFORM GRATUITY PROVIDED FOR A FOUR-YEAR ENROLLMENT. THAT PROVISO DOES NOT, HOWEVER, DEPRIVE ANY OFFICER SO TRANSFERRED AND APPOINTED OF AN ACCRUED CREDIT ONLY PARTIALLY LIQUIDATED AT DATE OF APPOINTMENT IN THE NAVAL RESERVE. IN THE CASE YOU HAVE SUBMITTED THE OFFICER WAS ENTITLED TO BE CREDITED WITH $50 UPON FIRST REPORTING FOR TRAINING DURING HIS ENROLLMENT AND AGAINST THIS CREDIT THERE WAS ISSUED TO HIM CLOTHING IN KIND TO THE VALUE OF $15.75; THE BALANCE OF $34.25 MAY NOW BE PAID TO HIM IN CASH, OR CLOTHING TO THAT VALUE ISSUED. THE FOUR YEARS DURING WHICH THIS CREDIT WILL APPLY WILL RUN FROM THE DATE HE WAS CREDITED WITH, OR (WHERE ONLY A PORTION OF THE CREDIT WAS PAID) WAS ENTITLED TO BE CREDITED WITH, $50 UNDER HIS ENROLLMENT IN THE NAVAL RESERVE FORCE. YOUR QUESTION IS ANSWERED ACCORDINGLY.