A-9715, JUNE 12, 1925, 4 COMP. GEN. 1036

A-9715: Jun 12, 1925

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1925: I HAVE YOUR LETTER OF MAY 18. IS HEREBY ABOLISHED. IN LIEU THEREOF THERE IS HEREBY CREATED AND ESTABLISHED. THAT ALL OFFICERS AND MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE FLEET NAVAL RESERVE. ARE HEREBY TRANSFERRED TO THE FLEET NAVAL RESERVE CREATED BY THIS ACT. ALL OFFICERS AND MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE NAVAL AUXILIARY RESERVE OF THE NAVAL RESERVE FORCE ARE HEREBY TRANSFERRED TO THE MERCHANT MARINE NAVAL RESERVE CREATED BY THIS ACT: PROVIDED FURTHER. THAT MEMBERS OF THE NAVAL RESERVE FORCE ON THE DATE OF THE APPROVAL OF THIS ACT WHOSE STATUS IN THE NAVAL RESERVE THUS CREATED IS NOT OTHERWISE SPECIFICALLY ESTABLISHED BY THIS ACT ARE HEREBY TRANSFERRED TO THE VOLUNTEER NAVAL RESERVE * * *.

A-9715, JUNE 12, 1925, 4 COMP. GEN. 1036

NAVAL RESERVE PAY - ACT OF FEBRUARY 28, 1925, 43 STAT. 1080 THIS DECISION INVOLVES VARIOUS QUESTIONS AS TO THE PAY OF MEMBERS OF NAVAL RESERVE AS CREATED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080. FOR POINTS INVOLVED SEE DECISION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 12, 1925:

I HAVE YOUR LETTER OF MAY 18, 1925, REQUESTING DECISION UPON VARIOUS QUESTIONS PRESENTED IN AN ATTACHED LETTER OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED APRIL 9, 1925, ARISING UNDER THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, INVOLVING PAYMENTS TO BE MADE TO MEMBERS OF THE NAVAL RESERVE, THEREIN CREATED.

SECTION 1 OF THE ACT OF FEBRUARY 28, 1925, PROVIDES IN PART:

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, AND ALL OFFICERS AND MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE NAVAL AUXILIARY RESERVE OF THE NAVAL RESERVE FORCE ARE HEREBY TRANSFERRED TO THE MERCHANT MARINE NAVAL RESERVE CREATED BY THIS ACT: PROVIDED FURTHER, THAT MEMBERS OF THE NAVAL RESERVE FORCE ON THE DATE OF THE APPROVAL OF THIS ACT WHOSE STATUS IN THE NAVAL RESERVE THUS CREATED IS NOT OTHERWISE SPECIFICALLY ESTABLISHED BY THIS ACT ARE HEREBY TRANSFERRED TO THE VOLUNTEER NAVAL RESERVE * * *.

SECTION 40 PROVIDES:

THAT THIS ACT SHALL TAKE EFFECT ON JULY 1, 1925, WHICH DATE SHALL BE CONSTRUED AS THE DATE OF THE PASSAGE OR APPROVAL THEREOF.

THE QUESTIONS, WITH ANSWERS THERETO, ARE SET OUT AS FOLLOWS:

QUESTION I.--- UPON THE FAILURE OF AN OFFICER TO MAKE APPLICATION FOR APPOINTMENT WITHIN THREE MONTHS OR PRIOR TO BEING APPOINTED IN ACCORDANCE WITH SECTION 7--- IF SUCH APPLICATION BE MADE---

(1) IN WHAT RANK WOULD HE BE CONSIDERED AS SERVING FOR THE PURPOSE OF PAY UNDER SECTION 21 PROVIDED HE HELD ON 1 JULY, 1925, ONLY A PROVISIONAL RANK ACQUIRED WITHOUT EXAMINATION?

(2) IN WHAT RANK WOULD HE BE CONSIDERED AS SERVING FOR PURPOSES OF PAY UNDER SECTION 21 PROVIDED HE HELD ON 1 JULY, 1925, ONLY A PROVISIONAL RANK DULY ACQUIRED AFTER PASSING THE PRESCRIBED EXAMINATION?

(3) IN WHAT RANK WOULD HE BE CONSIDERED AS SERVING FOR PURPOSES OF PAY UNDER SECTION 21, PROVIDED HE HELD A CONFIRMED RANK AND ALSO A HIGHER PROVISIONAL RANK ACQUIRED WITHOUT EXAMINATION?

(4) IN WHAT RANK WOULD HE BE CONSIDERED AS SERVING FOR PURPOSES OF PAY UNDER SECTION 21, PROVIDED HE HELD A CONFIRMED RANK, AND ALSO A HIGHER PROVISIONAL RANK ACQUIRED AFTER EXAMINATION?

SECTION 1 OF THE ACT OF FEBRUARY 28, 1925, PROVIDES, AS TO OFFICERS AND MEN OF THE NAVAL RESERVE FORCE TRANSFERRED TO THIS NEW NAVAL RESERVE:

* * * 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 * * *.

OTHER PROVISIONS OF THE ACT OF FEBRUARY 28, 1925, BEARING UPON THE QUESTIONS PRESENTED ARE AS FOLLOWS:

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, IN GRADES OR RANKS NOT ABOVE THAT OF LIEUTENANT COMMANDER, EXCEPT THAT A SMALL PERCENTAGE OF OFFICERS, WHO MAY BE REQUIRED IN HIGHER GRADES OR RANKS * * *.

SEC. 21. OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION THEREOF, OR ENLISTED MAN SHALL RECEIVE PAY FOR MORE THAN 60 DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY IN ANY ONE FISCAL YEAR: PROVIDED FURTHER, THAT WEEK- END CRUISES SHALL NOT BE REGARDED AS DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY.

THE ACT OF FEBRUARY 28, 1925, UNQUESTIONABLY CONTEMPLATES THAT AN OFFICER TRANSFERRED FROM THE NAVAL RESERVE FORCE TO THE NEW RESERVE IS ONLY TO HAVE BY VIRTUE OF THE TRANSFER THE RANK THEREIN WHICH HE LEGALLY HOLDS ON JUNE 30, 1925. THE LAW FOR DETERMINING THE RIGHT OF AN OFFICER OF THE NAVAL RESERVE FORCE TO APPOINTMENT TO OFFICE IS FOUND IN THE ACT OF AUGUST 29, 1916, 39 STAT. 587:

WHEN FIRST ENROLLED MEMBERS OF THE NAVAL RESERVE FORCE, EXCEPT THOSE IN THE FLEET RESERVE, SHALL BE GIVEN A PROVISIONAL GRADE, RANK OR RATING IN ACCORDANCE WITH THEIR QUALIFICATIONS DETERMINED BY EXAMINATION. THEY MAY THEREAFTER, UPON APPLICATION, BE ASSIGNED TO ACTIVE SERVICE IN THE NAVY FOR SUCH PERIODS OF INSTRUCTION AND TRAINING AS MAY ENABLE THEM TO QUALIFY FOR AND BE CONFIRMED IN SUCH GRADE, RANK OR RATING.

NO MEMBER SHALL BE CONFIRMED IN HIS PROVISIONAL GRADE, RANK OR RATING UNTIL HE SHALL HAVE PERFORMED THE MINIMUM AMOUNT OF ACTIVE SERVICE REQUIRED FOR THE CLASS IN WHICH HE IS ENROLLED, NOR UNTIL HE HAS DULY QUALIFIED BY EXAMINATION FOR SUCH RANK OR RATING UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY.

NO PERSON SHALL BE APPOINTED OR COMMISSIONED AS AN OFFICER IN ANY RANK IN ANY CLASS OF THE NAVAL RESERVE FORCE, OR PROMOTED TO A HIGHER RANK THEREIN, UNLESS HE SHALL HAVE BEEN EXAMINED AND RECOMMENDED FOR SUCH APPOINTMENT, COMMISSION, OR PROMOTION BY A BOARD OF THREE NAVAL OFFICERS NOT BELOW THE RANK OF LIEUTENANT COMMANDER, NOR UNTIL HE SHALL HAVE BEEN FOUND PHYSICALLY QUALIFIED BY A BOARD OF MEDICAL OFFICERS TO PERFORM THE DUTIES REQUIRED IN TIME OF WAR, EXCEPT THAT FORMER OFFICERS AND MIDSHIPMEN OF THE NAVY, WHO SHALL HAVE LEFT THE SERVICE UNDER HONORABLE CONDITIONS AND WHO SHALL HAVE ENROLLED IN THE NAVAL RESERVE FORCE, MAY BE APPOINTED IN THE GRADE AND RANK LAST HELD BY THEM WITHOUT EXAMINATION OTHER THAN THE PHYSICAL EXAMINATION ABOVE PRESCRIBED.

AN OFFICER CAN LEGALLY HOLD RANK THROUGH PROVISIONAL ASSIGNMENT THEREOF ONLY IN THE RANK GRANTED UPON ENROLLMENT, AND FURTHER ASSIGNMENTS OF PROVISIONAL RANK ARE EXTRA LEGAL AND WITHOUT EFFECT TO CHANGE HIS STATUS SO FAR AS PAY IS CONCERNED. LAWLESS V. UNITED STATES, 59 CT.CLS. 224; GARRISON V. UNITED STATES, 59 CT.CLS. 919; 4 COMP. GEN. 636.

ANSWER I.--- QUESTIONS (1) AND (2) ARE ANSWERED THAT DRILL PAY IS TO BE COMPUTED UPON THE BASE PAY OF THE RANK HELD PROVISIONALLY, AND (3) AND (4) UPON THE BASE PAY OF THE CONFIRMED RANK HELD.

QUESTION II.--- ALL MEN WHO HOLD RATINGS IN THE NAVAL RESERVE FORCE CORRESPONDING TO THOSE OF ENLISTED MEN OF THE REGULAR NAVY HAVE ATTAINED BOTH THEIR CONFIRMED AND PROVISIONAL RATINGS AFTER EXAMINATION, AS PRESCRIBED BY LAW AND REGULATIONS.

(5) IN WHAT RATING WILL SUCH RESERVISTS WHO HOLD A CONFIRMED AND ALSO A HIGHER PROVISIONAL RATING BE CONSIDERED AS SERVING FOR THE PURPOSE OF PAY UNDER SECTION 21?

THE ACT OF AUGUST 29, 1916, AUTHORIZES PROVISIONAL RANK, GRADE, OR RATING ONLY "WHEN FIRST ENROLLED," AND SUBSEQUENT ASSIGNMENTS OF PROVISIONAL RATINGS GIVE NO RIGHT TO PAY.

ANSWER II.--- QUESTION (5) IS ANSWERED THAT DRILL PAY IS TO BE COMPUTED UPON THE BASE PAY OF THE CONFIRMED RATING HELD ON JUNE 30, 1925.

QUESTION III.---SECTION 17 CONTAINS A PROVISO AS FOLLOWS:

"* * * ALL OFFICERS OF THE NAVAL RESERVE WHO MAY BE ADVANCED TO A HIGHER GRADE OR RANK SHALL BE ALLOWED THE PAY AND ALLOWANCES OF THE HIGHER GRADE OR RANK FROM THE DATES STATED IN THEIR COMMISSIONS.'

(6) DOES THIS LATTER PROVISO APPLY ONLY TO THOSE OFFICERS WHO MAY BE ADVANCED WHILE ON ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY?

(7) DOES THE PHRASE "BE ALLOWED THE PAY AND ALLOWANCES * * * FROM DATES STATED IN THEIR COMMISSIONS" INCLUDE PAY FOR "DRILLS, EQUIVALENT INSTRUCTIONS OR DUTY, OR APPROPRIATE DUTY," AS PRESCRIBED IN SECTION 21?

(8) IF THIS PROVISO DOES NOT APPLY TO ALL OFFICERS AT ALL TIMES, OR IF THE PHRASE "PAY AND ALLOWANCES" DOES NOT INCLUDE THE PAY PRESCRIBED IN SECTION 21, THEN FROM WHAT DATE ARE OFFICERS ENTITLED TO PAY UNDER SECTION 21 UPON ORIGINAL APPOINTMENT OR TO INCREASED PAY UPON PROMOTION?

(9) DOES THIS PROVISO REFER ALSO TO WARRANT OFFICERS; AND IF SO, DOES THE WORD "COMMISSION" INCLUDE "WARRANTS?

SECTION 5 OF THE ACT OF FEBRUARY 28, 1925, PROVIDES:

* * * ALL APPOINTMENTS AND PROMOTIONS OF OFFICERS * * * UNLESS OTHERWISE PROVIDED IN THIS ACT, SHALL BE MADE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY: * * *.

SECTION 17 PROVIDES:

IN TIME OF WAR OR NATIONAL EMERGENCY OFFICERS ON THE ACTIVE LIST OF THE NAVAL RESERVE EMPLOYED ON ACTIVE DUTY SHALL BE ADVANCED IN GRADE AND RANK UP TO AND INCLUDING THE RANK OF LIEUTENANT COMMANDER WITH THE OFFICERS OF THE REGULAR NAVY WITH WHOM OR NEXT AFTER WHOM THEY TAKE PRECEDENCE IN ACCORDANCE WITH THIS ACT * * *.

THE PROVISO IN QUESTION IS A PART OF SECTION 17, AND IT IS QUITE EVIDENT FROM SEVERAL SECTIONS OF THE ACT TAKEN AS A WHOLE THAT THE ADVANCEMENTS IN RANK REFERRED TO ARE THOSE MADE WHEN THE RESERVE, IN WHOLE OR IN PART IS CALLED OUT TO SERVE WITH THE NAVY, IN TIME OF WAR OR NATIONAL EMERGENCY AND WHEN ADVANCEMENTS ARE TO BE MADE IRRESPECTIVE OF THE PEACE-TIME NEEDS OF A PARTICULAR DIVISION.

ANSWER III.--- QUESTION (6) IS ANSWERED, YES. QUESTION (7) IS ANSWERED, NO. QUESTION (8) IS ANSWERED, THAT OFFICERS UPON ORIGINAL APPOINTMENTS OR UPON TENDER OF OFFICE THROUGH PROMOTION IN RANK BECOME INVESTED WITH SAID OFFICE ONLY FROM THE DATE OF ACCEPTANCE THEREOF. QUESTION (9) IS ANSWERED, THAT AS THERE IS NO ADVANCEMENT WITHIN A WARRANT GRADE THE APPOINTMENT OF AN ENLISTED MAN A WARRANT OFFICER IS NOT AN ADVANCEMENT OF AN OFFICER AND IS NOT AN ADVANCEMENT IN GRADE OR RANK.

QUESTION IV.--- SECTION 22 OF THE ACT EFFECTIVE 1 JULY, 1925, PROVIDES IN SUBSTANCE THAT CERTAIN ENLISTED MEN OF THE NAVY MAY BE REQUIRED OR BE AUTHORIZED TO OBLIGATE THEMSELVES TO SERVE FOUR YEARS IN THE FLEET NAVAL RESERVE UPON TERMINATION OF THEIR ENLISTMENTS IN THE REGULAR NAVAL SERVICE. THIS SECTION FURTHER STATES THAT:

"PROVIDED, THAT UPON TERMINATION OF THEIR ENLISTMENT IN THE REGULAR NAVAL SERVICE MEN WHO HAVE SO OBLIGATED THEMSELVES SHALL BE ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR-YEAR PERIOD, UNLESS THEY APPLY FOR REENLISTMENT OR EXTENSION OF THEIR ENLISTMENT IN THE REGULAR NAVAL SERVICE, * * *: PROVIDED FURTHER, THAT THE MEN SO ASSIGNED TO THE FLEET NAVAL RESERVE FOR THE FOUR-YEAR PERIOD * * * SHALL BE UNDER NO OBLIGATION TO PERFORM TRAINING DUTY OR DRILL DURING THAT PERIOD, BUT SHALL BE PAID IN ADVANCE $25 PER ANNUM, EXCEPT WHEN, WITH THEIR OWN CONSENT, THEY BECOME ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE OR SATISFACTORILY PERFORM APPROPRIATE DUTIES ASSIGNED BY DIRECTION OF THE SECRETARY OF THE NAVY, IN WHICH CASE THEY SHALL RECEIVE THE PAY, ALLOWANCES, GRATUITIES, AND OTHER EMOLUMENTS AS HEREIN SPECIFICALLY PROVIDED FOR ENLISTED MEN OF THE FLEET NAVAL RESERVE.'

(10) SHALL THESE ADVANCE PAYMENTS OF $25 BE MADE ON THE BASIS OF THE CALENDAR YEAR, FISCAL YEAR, OR SERVICE YEAR?

(11) IF THESE PAYMENTS ARE MADE IN ADVANCE ON ANY OTHER BASIS THAN THE FISCAL YEAR, WILL THE APPROPRIATION CURRENT AT THE TIME THE PAYMENT IS DUE AND PAYABLE BE AVAILABLE FOR PAYMENT OF THE ENTIRE AMOUNT, ALTHOUGH MORE THAN ONE FISCAL YEAR IS INVOLVED?

(12) WILL SUCH MEN BE PERMITTED TO RETAIN ALL OR ANY PART OF AN ADVANCE PAYMENT WHICH WAS RECEIVED PRIOR TO THE TIME THEY BECAME ATTACHED TO A DIVISION OR COMMENCE TO PERFORM APPROPRIATE DUTIES, BUT BE PRECLUDED FROM RECEIVING ANY ADDITIONAL ADVANCE PAYMENT AS LONG AS THEY REMAIN ATTACHED OR PERFORM APPROPRIATE DUTIES?

(13) WILL SUCH MEN BE ENTITLED TO RETAIN ALL ADVANCE PAYMENTS RECEIVED AND ALSO BE ENTITLED TO FUTURE ADVANCED PAYMENTS IN ADDITION TO THE PAY, ALLOWANCES, GRATUITIES, AND OTHER EMOLUMENTS PROVIDED FOR ENLISTED MEN OF THE FLEET NAVAL RESERVE?

(14)WHEN ASSIGNED MEMBERS OF THE FLEET NAVAL RESERVE ARE SEPARATED FROM THAT ORGANIZATION SUBSEQUENT TO THE RECEIPT OF A PAYMENT IN ADVANCE AND PRIOR TO THE EXPIRATION OF THE YEAR FOR WHICH PAID, WHAT PORTION, IF ANY, OF THE ADVANCE PAYMENTS RECEIVED WILL THEY BE PERMITTED TO RETAIN? (15) WHEN SUCH MEN ARE SEPARATED FROM THE FLEET NAVAL RESERVE SUBSEQUENT TO THE DATE UPON WHICH THEY WERE ENTITLED TO AN ADVANCE PAYMENT BUT PRIOR TO ACTUAL DISBURSEMENT, WHAT PORTION, IF ANY, OF SUCH ADVANCE PAYMENT SHALL THEN BE PAID?

SECTION 22 ALSO CONTAINS THE PROVISION:

ENLISTED MEN OF THE REGULAR NAVAL SERVICE ASSIGNED TO THE FLEET NAVAL RESERVE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, * * * MAY, WHILE SO IN THE NAVAL RESERVE, BE PERMITTED TO REENLIST IN THE REGULAR NAVAL SERVICE, * * *

SECTION 22 CLEARLY CONTEMPLATES THAT IMMEDIATELY UPON ASSIGNMENT TO THE FLEET NAVAL RESERVE THE RIGHT TO THE $25 PAYMENT ACCRUES. THIS ANNUAL AMOUNT IS NOT A PAYMENT FOR ANY SERVICE TO BE RENDERED, BUT IS IN THE NATURE OF A GRATUITY DUE AND PAYABLE ANNUALLY. IT IS NOT PAYABLE AT THE RATE OF $25 PER ANNUM BUT IS TO BE PAID AS A LUMP SUM IN ADVANCE, AND EACH ANNUAL PAYMENT IS AN OBLIGATION OF THE APPROPRIATION CURRENT AT DATE DUE.

THE SECTION UNQUESTIONABLY CONTEMPLATES, HOWEVER, A BONA FIDE ASSIGNMENT OF AN ENLISTED MAN TO THE FLEET NAVAL RESERVE AND NOT A SUBTERFUGE TO BE RESORTED TO IN ORDER TO RECEIVE AN EXTRA $25 BY AN ENLISTED MAN WHO THROUGH APPLYING FOR REENLISTMENT IN THE REGULAR SERVICE WITHIN THREE MONTHS OF DISCHARGE THEREFROM AT EXPIRATION OF ENLISTMENT INDICATES THEREBY THAT HIS ASSIGNMENT TO THE FLEET NAVAL RESERVE WAS NOT FOR THE PURPOSE OF BECOMING A BONA FIDE MEMBER THEREOF.

WHILE THE ACT PROVIDES THAT AN ASSIGNED MEMBER MAY AT ANY TIME WITHIN THE FOUR-YEAR PERIOD OF MEMBERSHIP IN THE FLEET NAVAL RESERVE REENLIST IN THE NAVY AND YET RETAIN HIS RIGHT TO THE ENLISTMENT ALLOWANCE AS THOUGH HE HAD REENLISTED IN THE REGULAR SERVICE WITHIN THREE MONTHS OF DISCHARGE THEREFROM THIS PROVISION CLEARLY CONTEMPLATED THE MAN WHOSE RIGHT TO THE ENLISTMENT ALLOWANCE WOULD OTHERWISE HAVE BEEN LOST THROUGH LAPSE OF THE THREE MONTHS.

ANSWER IV.--- QUESTION (10) IS ANSWERED, SERVICE YEAR. QUESTION (11) IS ANSWERED, THAT THE APPROPRIATION CURRENT WITH THE FIRST DAY OF EACH SERVICE YEAR IS AVAILABLE. QUESTION (12) IS ANSWERED, THAT PAYMENTS RECEIVED SHALL BE RETAINED BUT NO FURTHER PAYMENTS TO BE MADE IF ON THE FIRST OF THE SUCCEEDING SERVICE YEAR THE MEMBER BE ATTACHED TO A DIVISION OR IS ASSIGNED TO THE PERFORMANCE OF APPROPRIATE DUTIES. QUESTION (13), SEE ANSWER TO QUESTION 12. QUESTION (14) IS ANSWERED, THAT WHERE NOT ATTACHED TO A DIVISION NOR ASSIGNED TO THE PERFORMANCE OF APPROPRIATE DUTIES A MAN IS ENTITLED TO THE $25 PAYMENT MADE BY REASON OF ASSIGNMENT TO THE NAVAL RESERVE BUT NO FURTHER $25 PAYMENTS MAY BE MADE FOR ANY SUCCEEDING YEAR IF ON THE FIRST DAY THEREOF HIS STATUS IS CHANGED BY SEPARATION FROM THE ORGANIZATION. QUESTION (15) IS ANSWERED, THAT IF ENTITLED TO PAYMENT ON THE FIRST DAY OF ANY SERVICE YEAR, PAYMENT OF THE FULL $25 MAY BE MADE FOR THAT YEAR, EXCEPT THAT WHERE A MAN HAS BEEN PAID SAID AMOUNT UPON ASSIGNMENT TO THE FLEET NAVAL RESERVE, HE REENLISTS IN THE REGULAR SERVICE WITHIN THREE MONTHS OF DISCHARGE THEREFROM, THE AMOUNT OF THE ADVANCE PAYMENT SHOULD BE WITHHELD FROM THE ENLISTMENT ALLOWANCE, OR OTHERWISE REFUNDED. WHERE THE SEPARATION FROM THE NAVAL RESERVE IS FOR REASON OTHER THAN REENLISTMENT IN THE REGULAR NAVY, AND PAYMENT OF THE $25 HAS NOT BEEN MADE, THERE IS NO LEGAL OBJECTION, IN VIEW OF SECTION 6, TO PROVIDING IN THE DOCUMENT EVIDENCING THE SEPARATION THAT BECAUSE OF THE SEPARATION WITHIN A SHORT PERIOD AFTER ASSIGNMENT TO THE NAVAL RESERVE THE ADVANCE PAYMENT FOR THE FIRST YEAR SHALL NOT BE MADE.