A-16165, NOVEMBER 10, 1926, 6 COMP. GEN. 325

A-16165: Nov 10, 1926

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CLOTHING - ENLISTED MAN OF MARINE CORPS TRANSFERRED TO NAVY AN ENLISTED MAN OF THE MARINE CORPS WHO WAS TRANSFERRED BY AUTHORITY OF THE ACT OF AUGUST 29. TO THE HOSPITAL CORPS OF THE NAVY IS ENTITLED TO AN ISSUE OF CLOTHING AS A FIRST-ENLISTMENT OUTFIT OF NOT TO EXCEED $100. WAS TRANSFERRED TO THE HOSPITAL CORPS OF THE NAVY ON JULY 3. HE WAS ISSUED CLOTHING TO THE VALUE OF $112.98 AND. WAS CREDITED WITH $70.58 CLOTHING ALLOWANCE DUE HIM FROM NOVEMBER 13. WAS CHECKED AGAINST HIS PAY ACCOUNT UPON SETTLEMENT AT THE TIME OF TRANSFER FROM THE MARINE CORPS TO THE HOSPITAL CORPS. ON THE ABOVE FACTS THE QUESTION IS PRESENTED AS TO THE CLOTHING ALLOWANCE TO WHICH MAGNOTTE IS ENTITLED AS AN ENLISTED MAN IN THE NAVY.

A-16165, NOVEMBER 10, 1926, 6 COMP. GEN. 325

CLOTHING - ENLISTED MAN OF MARINE CORPS TRANSFERRED TO NAVY AN ENLISTED MAN OF THE MARINE CORPS WHO WAS TRANSFERRED BY AUTHORITY OF THE ACT OF AUGUST 29, 1916, 39 STAT. 572, TO THE HOSPITAL CORPS OF THE NAVY IS ENTITLED TO AN ISSUE OF CLOTHING AS A FIRST-ENLISTMENT OUTFIT OF NOT TO EXCEED $100, PROVIDED FOR ENLISTED MEN UPON FIRST ENLISTMENT IN THE REGULAR NAVY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 10, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 28, 1926, REQUESTING DECISION OF A QUESTION PRESENTED AS FOLLOWS:

EDWARD A. MAGNOTTE ENLISTED IN THE MARINE CORPS NOVEMBER 13, 1922, AND WAS TRANSFERRED TO THE HOSPITAL CORPS OF THE NAVY ON JULY 3, 1923, AS A PHARMACIST'S MATE, THIRD CLASS. DURING HIS SERVICE IN THE MARINE CORPS, HE WAS ISSUED CLOTHING TO THE VALUE OF $112.98 AND, ON ACCOUNT OF SUCH ISSUE, WAS CREDITED WITH $70.58 CLOTHING ALLOWANCE DUE HIM FROM NOVEMBER 13, 1922, TO JULY 3, 1923, AND THE DIFFERENCE, $42.40, WAS CHECKED AGAINST HIS PAY ACCOUNT UPON SETTLEMENT AT THE TIME OF TRANSFER FROM THE MARINE CORPS TO THE HOSPITAL CORPS.

ON THE ABOVE FACTS THE QUESTION IS PRESENTED AS TO THE CLOTHING ALLOWANCE TO WHICH MAGNOTTE IS ENTITLED AS AN ENLISTED MAN IN THE NAVY, IT HAVING BEEN NECESSARY TO ISSUE TO MAGNOTTE NAVAL CLOTHING UPON HIS TRANSFER TO THE HOSPITAL CORPS. WHILE THE CLOTHING REFERRED TO IS ISSUED IN KIND, YOUR DECISION IS RESPECTFULLY REQUESTED UPON THE QUESTION STATED, IF YOU SHALL CONCLUDE THAT THIS QUESTION IS ONE COMING UNDER YOUR JURISDICTION TO DECIDE. (SEE 20 COMP. DEC. 49, 55: 2 COMP. DEC. 267: COMP. DEC. JUNE 23, 1908, APPEAL NO. 15210; COMP. DEC. MAR. 19, 1909, 97 S AND A MEMO. 995.)

DEBITS AND CREDITS UNDER CLOTHING AND SMALL STORES ARE ENTERED ON THE PAY ROLLS. THE CORRECTNESS OF THOSE ENTRIES IS AN ESSENTIAL ELEMENT OF THE ACCOUNT AND PROPER FOR CONSIDERATION IN THE SETTLEMENT OF THE ACCOUNT. THE MATTER HAS ALWAYS BEEN CONSIDERED, SINCE THE ACT OF MARCH 29, 1894, 28 STAT. 47, PROPER FOR CONSIDERATION IN THE SETTLEMENT OF PAY ACCOUNTS BY THE ACCOUNTING OFFICERS; SEE 19 COMP. DEC. 587; ID. 741; 20 ID. 856.

BY REASON OF HIS TRANSFER, UNDERSTOOD TO HAVE BEEN MADE PURSUANT TO THE ACT OF AUGUST 29, 1916, 39 STAT. 572, THE MAN'S CLOTHING ACCOUNT IN THE MARINE CORPS WAS CLOSED IN THE SAME MANNER AS IF HE HAD BEEN DISCHARGED FROM THAT SERVICE, AND UPON ENTRY IN THE HOSPITAL CORPS OF THE NAVY HE WAS ISSUED THE CLOTHING AND STORES REQUIRED IN THAT BRANCH OF THE SERVICE. HIS RIGHT TO CLOTHING WHILE SERVING IN THE MARINE CORPS WAS COVERED BY THE LAWS AND REGULATIONS APPLICABLE TO THAT SERVICE AND WHILE SERVING IN THE NAVY BY THE LAWS AND REGULATIONS APPLICABLE TO THE NAVY.

THE ACT OF MARCH 1, 1889, 25 STAT. 781, PROVIDES:

THAT IN ORDER TO ENCOURAGE THE ENLISTMENT OF BOYS AS APPRENTICES IN THE UNITED STATES NAVY THE SECRETARY OF THE NAVY IS HEREBY AUTHORIZED TO FURNISH AS A BOUNTY TO EACH OF SAID APPRENTICES AFTER HIS ENLISTMENT AND WHEN FIRST RECEIVED ON BOARD OF A TRAINING SHIP AN OUTFIT OF CLOTHING NOT TO EXCEED IN VALUE THE SUM OF FORTY-FIVE DOLLARS.

THE ACT OF JANUARY 22, 1923, 42 STAT. 1145, MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR 1924, PROVIDES:

THE CLOTHING AND SMALL-STORES FUND SHALL BE CHARGED WITH THE VALUE OF ALL ISSUES OF CLOTHING AND SMALL STORES MADE TO ENLISTED MEN AND APPRENTICE SEAMEN REQUIRED AS OUTFITS ON FIRST ENLISTMENT, NOT TO EXCEED $100 EACH.

THE "FIRST ENLISTMENT" HAS REFERENCE TO THE FIRST ENLISTMENT IN THE REGULAR NAVY AND HAS NO REFERENCE TO SERVICES PERFORMED IN SOME OTHER BRANCH OF THE MILITARY SERVICE. SEE 19 COMP. DEC. 587. BY REASON OF HIS FIRST ENTRY UPON SERVICE IN THE NAVY, MAGNOTTE ACQUIRED A RIGHT TO AN ISSUE OF CLOTHING AS A FIRST-ENLISTMENT OUTFIT OF NOT TO EXCEED $100, AND THIS NOTWITHSTANDING THE PREVIOUS SERVICE IN THE MARINE CORPS.