A-48345, APRIL 12, 1933, 12 COMP. GEN. 594

A-48345: Apr 12, 1933

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AMENDED - ALLOWANCES THE CLOTHING FURNISHED IN KIND TO ENLISTED MEN OF THE NAVY ON FIRST ENLISTMENT IS NOT TO BE CONSIDERED AS PAY OR ALLOWANCES AS DEFINED IN SECTION 1 (B) OF TITLE II OF THE ACT OF MARCH 20. 48 STAT. 12 AND ITS VALUE IS NOT SUBJECT TO THE PERCENTAGE REDUCTION REQUIRED IN PAY AND ALLOWANCES BY EXECUTIVE ORDER OF MARCH 28. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES WHETHER THE ACT OF MARCH 20. ATTENTION IS INVITED TO THE FACT THAT IN THE CASE OF ENLISTED MEN IN THE NAVY. CLOTHING OF THE VALUE AUTHORIZED BY LAW IS ISSUED IN KIND ONLY. IF IT IS DECIDED THAT A DEDUCTION IS REQUIRED FROM THE OUTFITS ON FIRST ENLISTMENT BY THE ACT OF MARCH 20.

A-48345, APRIL 12, 1933, 12 COMP. GEN. 594

ECONOMY ACT, AMENDED - ALLOWANCES THE CLOTHING FURNISHED IN KIND TO ENLISTED MEN OF THE NAVY ON FIRST ENLISTMENT IS NOT TO BE CONSIDERED AS PAY OR ALLOWANCES AS DEFINED IN SECTION 1 (B) OF TITLE II OF THE ACT OF MARCH 20, 1933, 48 STAT. 12 AND ITS VALUE IS NOT SUBJECT TO THE PERCENTAGE REDUCTION REQUIRED IN PAY AND ALLOWANCES BY EXECUTIVE ORDER OF MARCH 28, 1933, ISSUED UNDER THAT STATUTE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 12, 1933:

THERE HAS BEEN RECEIVED BY YOUR INDORSEMENT OF APRIL 5, 1933, A LETTER DATED APRIL 5, 1933, FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, REQUESTING DECISION AS FOLLOWS:

1. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES WHETHER THE ACT OF MARCH 20, 1933, PUBLIC, NO. 2, AND THE EXECUTIVE ORDER OF MARCH 28, 1933, REQUIRES ANY DEDUCTIONS FROM THE CLOTHING ALLOWANCE OF ENLISTED MEN OF THE NAVY ON AND AFTER 1 APRIL, 1933.

2. THE ACT OF JUNE 30, 1932, 47 STAT. 451, PROVIDES:

"THAT HEREAFTER THE SECRETARY OF THE NAVY MAY PRESCRIBE THE MONEY VALUE OF CLOTHING, BEDDING, AND OUTFITS IN KIND WHICH MAY BE ISSUED TO ENLISTED MEN ON THEIR FIRST ENLISTMENT IN THE NAVY.'

THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1933, APPROVED JUNE 30, 1932, PROVIDES FOR:

"OUTFITS FOR ALL ENLISTED MEN AND APPRENTICE SEAMEN OF THE NAVY ON FIRST ENLISTMENT AT NOT TO EXCEED $100 EACH.'

THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, APPROVED MARCH 3, 1933, ELIMINATES THE WORDS "AT NOT TO EXCEED $100 EACH.'

3. ARTICLE 1431-3 BUREAU OF SUPPLIES AND ACCOUNTS MANUAL FIXED THE VALUE OF CLOTHING, BEDDING, AND OUTFITS IN KIND ISSUED TO ENLISTED MEN IN FIRST ENLISTMENT AT $87.80, EFFECTIVE JANUARY 1, 1933. ATTENTION IS INVITED TO THE FACT THAT IN THE CASE OF ENLISTED MEN IN THE NAVY, CLOTHING OF THE VALUE AUTHORIZED BY LAW IS ISSUED IN KIND ONLY, AS PRESCRIBED IN ARTICLE 1431, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

4. IF IT IS DECIDED THAT A DEDUCTION IS REQUIRED FROM THE OUTFITS ON FIRST ENLISTMENT BY THE ACT OF MARCH 20, 1933, DECISION IS REQUESTED WHETHER SUCH DEDUCTION IS REQUIRED ONLY IN THE CASE OF MEN ENLISTING ON AND AFTER APRIL 1, 1933, OR WHETHER SUCH DEDUCTION IS REQUIRED ALSO FROM THE UNDRAWN CLOTHING ALLOWANCE TO THE CREDIT OF ENLISTED MEN ON 1 APRIL, 1933, IN CASES WHERE ENLISTMENTS OCCURRED PRIOR TO THAT DATE.

THE CLOTHING FURNISHED IN KIND TO ENLISTED MEN OF THE NAVY ON FIRST ENLISTMENT IS NOT TO BE CONSIDERED AS PAY OR ALLOWANCES AS DEFINED IN SECTION 1 (B), TITLE II, OF THE ACT OF MARCH 20, 1933, 48 STAT. 12, AND ITS VALUE IS NOT SUBJECT TO THE 15 PERCENT REDUCTION REQUIRED BY THE EXECUTIVE ORDER OF MARCH 28, 1933, ISSUED UNDER THAT STATUTE. A 48132, APRIL 4, 1933, 12 COMP. GEN. 566.