A-12682, JANUARY 29, 1926, 5 COMP. GEN. 554

A-12682: Jan 29, 1926

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WHO HAVE BEEN DISCHARGED FROM THE NAVAL RESERVE TO ENLIST IN THE NAVY. TO A FULL CLOTHING OUTFIT PROVIDED FOR MEN ON FIRST ENLISTMENT IN THE NAVY IS NOT AFFECTED BY THE FACT THAT WHILE IN THE NAVAL RESERVE THEY WERE ISSUED UNIFORM CLOTHING WHICH THEY WERE REQUIRED TO RETURN TO THE GOVERNMENT WHEN DISCHARGED FROM THE NAVAL RESERVE. I HAVE THE REQUEST OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS FOR DECISION RELATIVE TO CLOTHING ALLOWANCE WHICH MAY BE CREDITED ENLISTED MEN OF THE NAVY DISCHARGED FROM THE NAVAL RESERVE TO ENLIST IN THE REGULAR NAVY. REFERENCE IS MADE TO DECISION OF THIS OFFICE. IS ENTITLED TO AN ISSUE OF CLOTHING WITHOUT CHARGE IN AN AMOUNT REPRESENTING THE DIFFERENCE BETWEEN $100 AND THE VALUE OF CLOTHING ISSUED TO HIM WHILE SERVING UNDER HIS ENROLLMENT IN THE NAVAL RESERVE FORCE.

A-12682, JANUARY 29, 1926, 5 COMP. GEN. 554

GRATUITIES - UNIFORM THE RIGHT OF ENLISTED MEN, WHO HAVE BEEN DISCHARGED FROM THE NAVAL RESERVE TO ENLIST IN THE NAVY, TO A FULL CLOTHING OUTFIT PROVIDED FOR MEN ON FIRST ENLISTMENT IN THE NAVY IS NOT AFFECTED BY THE FACT THAT WHILE IN THE NAVAL RESERVE THEY WERE ISSUED UNIFORM CLOTHING WHICH THEY WERE REQUIRED TO RETURN TO THE GOVERNMENT WHEN DISCHARGED FROM THE NAVAL RESERVE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 29, 1926:

BY YOUR INDORSEMENT OF JANUARY 12, 1926, I HAVE THE REQUEST OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS FOR DECISION RELATIVE TO CLOTHING ALLOWANCE WHICH MAY BE CREDITED ENLISTED MEN OF THE NAVY DISCHARGED FROM THE NAVAL RESERVE TO ENLIST IN THE REGULAR NAVY. REFERENCE IS MADE TO DECISION OF THIS OFFICE, A-10500, OF JULY 29, 1925, HOLDING THAT A MEMBER OF THE NAVAL RESERVE FORCE DISCHARGED PRIOR TO EXPIRATION OF HIS ENROLLMENT FOR THE PURPOSE OF ENLISTING IN THE REGULAR NAVY, IF HIS FIRST ENLISTMENT, IS ENTITLED TO AN ISSUE OF CLOTHING WITHOUT CHARGE IN AN AMOUNT REPRESENTING THE DIFFERENCE BETWEEN $100 AND THE VALUE OF CLOTHING ISSUED TO HIM WHILE SERVING UNDER HIS ENROLLMENT IN THE NAVAL RESERVE FORCE. SEE ALSO DECISION, REVIEW NO. 3983, APRIL 9, 1924, TATE CASE. THOSE CASES AROSE UNDER THE ACT OF AUGUST 29, 1916, 39 STAT. 587, ESTABLISHING THE NAVAL RESERVE FORCE. THAT LAW IS NOW REPEALED, AND THE PRESENT MATTER ARISES UNDER THE ACT OF FEBRUARY 28, 1925, CREATING THE NAVAL RESERVE.

SECTION 13 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, PROVIDES:

THAT IN TIME OF PEACE ENLISTED MEN OF THE NAVAL RESERVE SHALL BE ISSUED ARTICLES OF UNIFORM, BEDDING, AND EQUIPMENT IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT UPON FIRST REPORTING FOR ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY ENLISTED MEN OF THE NAVAL RESERVE SHALL RECEIVE IN ADDITION THE SAME OUTFIT AS MAY BE AUTHORIZED FOR THE ENLISTED PERSONNEL OF THE REGULAR NAVY UPON FIRST ENLISTMENT.

SECTION H-1511, NAVAL RESERVE REGULATIONS RELATIVE TO GRATUITOUS ISSUE OF UNIFORMS FOR MEN IN TIME OF PEACE, PROVIDES:

(1) WHEN A GRATUITOUS ISSUE OF UNIFORMS IS AUTHORIZED, ENLISTED MEN OF THE NAVAL RESERVE SHALL BE ISSUED SUCH OF THE BELOW ENUMERATED ARTICLES OF UNIFORM AS THE COMMANDANT OF THE DISTRICT MAY DEEM NECESSARY FOR THEIR PROPER DRILLING AND TRAINING, HAVING DUE REGARD FOR CLIMATIC CONDITIONS, BUT THE ISSUES SHALL NOT EXCEED DURING ANY ONE FOUR-YEAR PERIOD OF ENLISTMENT THE NUMBER OF ITEMS ENUMERATED IN THE FOLLOWING TABLE:

(2) THE ISSUES WILL NOT BE CHARGED AGAINST THE PAY ACCOUNTS OF THE RESERVISTS, BUT THE VALUE WILL BE CHARGED TO THE PROPER APPROPRIATION AND TITLE, ACCORDING TO THE ACCOUNTING INSTRUCTIONS ISSUED ON THE MATTER BY THE BUREAU OF SUPPLIES AND ACCOUNTS.

(3) THE CLOTHING SO ISSUED WILL REMAIN THE PROPERTY OF THE GOVERNMENT. ON SEPARATION FROM THE SERVICE THE RESERVIST SHOULD RETURN THE CLOTHING TO THE MATERIAL OFFICER OF HIS ORGANIZATION.

IT IS APPARENT FROM THE ABOVE PROVISIONS OF LAW AND REGULATIONS THAT SUCH ISSUE OF UNIFORM TO MEN IN TIME OF PEACE, THE CLOTHING SO ISSUED REMAINING THE PROPERTY OF THE GOVERNMENT, IS SIMPLY A LOAN AND NOT A GRATUITOUS ISSUE OF UNIFORMS AS PROVIDED BY LAW FOR ENLISTED MEN IN THE NAVY. THE MEN TO WHOM SUCH ISSUES ARE MADE DO NOT IN FACT RECEIVE ANY CLOTHING OUTFIT IN THE SENSE CONTEMPLATED BY LAW FOR MEN IN THE NAVY ON FIRST ENLISTMENT AND THEIR RIGHTS TO CREDIT FOR A FULL CLOTHING OUTFIT UPON FIRST ENLISTMENT IN THE NAVY ARE NOT EFFECTED BY REASON OF SUCH ISSUE.