A-98108, OCTOBER 3, 1938, 18 COMP. GEN. 315

A-98108: Oct 3, 1938

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ALLOWANCES - DEPENDENTS OF NAVAL RESERVE AVIATION CADETS AVIATION CADETS OF THE NAVAL RESERVE ARE NOT ENTITLED TO TRANSPORTATION OR OTHER ALLOWANCES ON ACCOUNT OF DEPENDENTS. THAT OFFICER IS ENTITLED TO ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER. THE AFFIDAVIT SUBMITTED IS INCOMPLETE AND DOES NOT OTHERWISE SHOW THAT THE MOTHER OF AVIATION CADET STANLEY IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT. IT IS NOT APPARENT. THAT IF THE MOTHER OF AVIATION CADET STANLEY WERE IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT HE WOULD BE ENTITLED TO ANY ALLOWANCES BY REASON THEREOF. ALLOWANCES FOR SUBSISTENCE AND RENTAL ARE SPECIFICALLY PROVIDED ONLY FOR COMMISSIONED OFFICERS BY SECTIONS 5 AND 6 OF THE JOINT PAY ACT.

A-98108, OCTOBER 3, 1938, 18 COMP. GEN. 315

TRANSPORTATION, ETC., ALLOWANCES - DEPENDENTS OF NAVAL RESERVE AVIATION CADETS AVIATION CADETS OF THE NAVAL RESERVE ARE NOT ENTITLED TO TRANSPORTATION OR OTHER ALLOWANCES ON ACCOUNT OF DEPENDENTS, THE NAVAL RESERVE ACT OF JUNE 25, 1938, 52 STAT. 1177, PROVIDING ONLY THAT AVIATION CADETS SHALL RECEIVE THE PAY AND ALLOWANCES AND OTHER EMOLUMENTS PROVIDED FOR THEM IN THE ACT OF APRIL 15, 1935, 49 STAT. 156, AND THE PROVISIONS OF THAT ACT FIXING THE SPECIFIC AND DETAILED PAY AND ALLOWANCES FOR SUCH CADETS CONTAINING NO LANGUAGE WHICH MAY BE CONSTRUED AS CONFERRING ON THEM RIGHT TO ALLOWANCES ON ACCOUNT OF DEPENDENTS, BUT, ON THE CONTRARY, REBUTTING ANY SUCH INTERPRETATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COMMANDER GUILD BRUDA, UNITED STATES NAVY, OCTOBER 3, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 20, 1938, REQUESTING DECISION WHETHER ON THE EVIDENCE SUBMITTED, AFFIDAVIT OF THE MOTHER OF AVIATION CADET ROBERT M. STANLEY, U.S. NAVAL RESERVE, ON STANDARD FORM 1037, THAT OFFICER IS ENTITLED TO ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER.

TO BE ENTITLED TO ALLOWANCES ON ACCOUNT OF A DEPENDENT MOTHER UNDER THE PROVISIONS OF SECTIONS 4, 5, AND 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, 628, THE OFFICER'S MOTHER MUST IN FACT BE DEPENDENT ON HIM FOR HER CHIEF SUPPORT. THE AFFIDAVIT SUBMITTED IS INCOMPLETE AND DOES NOT OTHERWISE SHOW THAT THE MOTHER OF AVIATION CADET STANLEY IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT.

IT IS NOT APPARENT, HOWEVER, THAT IF THE MOTHER OF AVIATION CADET STANLEY WERE IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT HE WOULD BE ENTITLED TO ANY ALLOWANCES BY REASON THEREOF.

ALLOWANCES FOR SUBSISTENCE AND RENTAL ARE SPECIFICALLY PROVIDED ONLY FOR COMMISSIONED OFFICERS BY SECTIONS 5 AND 6 OF THE JOINT PAY ACT, 42 STAT. 628. BY THE TWELFTH PARAGRAPH OF SECTION 1, SECTION 11 AND SECTION 13 OF THIS ACT SPECIFIC PROVISION IS MADE THAT ARMY FIELD CLERKS AND FIELD CLERKS, QUARTERMASTER CORPS, WARRANT OFFICERS OF THE ARMY MINE PLANTER SERVICE AND OF THE NAVY, MARINE CORPS, AND COAST GUARD, AND FEMALE NURSES OF THE ARMY AND NAVY NURSE CORPS SHALL BE ENTITLED TO THE SUBSISTENCE AND RENTAL ALLOWANCES PROVIDED FOR OFFICERS ENTITLED TO RECEIVE PAY OF THE FIRST PERIOD. TRANSPORTATION OF DEPENDENTS ON PERMANENT CHANGE OF STATION IS PROVIDED BY SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, ONLY FOR COMMISSIONED OFFICERS, WARRANT OFFICERS, AND CERTAIN GRADES OF PETTY OFFICERS AND NONCOMMISSIONED OFFICERS. SUCH ALLOWANCES MAY IN NO CIRCUMSTANCES BE PAID TO OTHER THAN PERSONS OF THE GRADES NAMED AND LIMITED UNLESS A STATUTE SPECIFICALLY OR BY NECESSARY IMPLICATION OTHERWISE PROVIDES.

SECTION 7 OF THE NEW NAVAL RESERVE ACT OF JUNE 25, 1938, 52 STAT. 1176, PROVIDES THAT---

* * * AVIATION CADETS SHALL RECEIVE THE PAY AND ALLOWANCES AND OTHER EMOLUMENTS PROVIDED FOR THEM BY THE ACT OF APRIL 15, 1935 (49 STAT. L. 157; U.S.C., SUPP. III, TITLE 34, CH. 15, SEC. 861A): * * *

PAY AND ALLOWANCES UNDER THE ACT OF APRIL 15, 1935, 49 STAT. 156, 157, CREATING AVIATION CADETS IN THE NAVAL RESERVE AND MARINE CORPS RESERVE, PROVIDES PAY AND ALLOWANCES AS FOLLOWS:

SEC. 2. THE PAY OF AVIATION CADETS WHILE ON ACTIVE DUTY UNDERGOING TRAINING SHALL BE AT THE RATE OF $75 PER MONTH, WHICH PAY SHALL INCLUDE EXTRA PAY FOR FLYING RISK, AS PROVIDED BY LAW. THE PAY OF AVIATION CADETS WHILE ON ACTIVE DUTY NOT UNDERGOING TRAINING, SHALL BE AT THE RATE OF $125 PER MONTH, WHICH PAY SHALL INCLUDE EXTRA PAY FOR FLYING RISK AS PROVIDED BY LAW. THE DETERMINATION OF THE SECRETARY OF THE NAVY AS TO THE PERIOD DURING WHICH AVIATION CADETS ARE UNDERGOING TRAINING SHALL BE CONCLUSIVE FOR ALL PURPOSES. AVIATION CADETS SHALL BE PAID, IN ADDITION, A MONEY ALLOWANCE FOR SUBSISTENCE OF $1 PER DAY. WHILE TRAVELING UNDER ORDERS TO OR FROM ACTIVE DUTY, OR WHILE IN THE PERFORMANCE OF SUCH DUTY, THEY SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, RECEIVE TRANSPORTATION, AND OTHER NECESSARY EXPENSES INCIDENT TO SUCH TRAVEL, OR CASH IN LIEU THEREOF: PROVIDED, THAT WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS, THEY SHALL RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW FOR OFFICERS OF THE NAVY.

SEC. 3. AVIATION CADETS SHALL, WHILE UNDERGOING TRAINING, BE ISSUED NECESSARY UNIFORMS AND EQUIPMENT AT GOVERNMENT EXPENSE. UPON FIRST ASSIGNMENT TO DUTY AFTER THE COMPLETION OF TRAINING, AVIATION CADETS SHALL, IN ADDITION, BE PAID A UNIFORM ALLOWANCE OF $150.

SEC. 4. AVIATION CADETS SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, BE SUBJECT TO ALL THE LAWS AND REGULATIONS PRESCRIBED FOR OTHER MEMBERS OF THE NAVAL RESERVE OR THE MARINE CORPS RESERVE. THEY SHALL TAKE PRECEDENCE NEXT BEFORE WARRANT OFFICERS OF THE NAVAL RESERVE OR THE MARINE CORPS RESERVE. PROVIDED, THAT WHEN AVIATION CADETS CONTRACT SICKNESS OR DISEASE OR SUFFER INJURY IN LINE OF DUTY WHILE PERFORMING ACTIVE DUTY, THEY MAY, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, BE RETAINED ON SUCH ACTIVE -DUTY STATUS BEYOND THE SPECIFIED DATE OF TERMINATION THEREOF.

SEC. 5. DURING THEIR PERIOD OF ACTIVE DUTY AVIATION CADETS WILL BE ISSUED GOVERNMENT LIFE INSURANCE IN THE AMOUNT OF $10,000, THE PREMIUMS ON WHICH SHALL BE PAID OUT OF CURRENT APPROPRIATIONS AS PROVIDED IN SECTION 7. UPON DISCHARGE OR UPON COMPLETION OF ACTIVE DUTY, AVIATION CADETS WILL HAVE THE OPTION OF CONTINUING SUCH POLICIES AT THEIR OWN EXPENSE.

SEC. 6. AVIATION CADETS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE SHALL, UPON RELEASE FROM A PERIOD OF ACTIVE DUTY OF FOUR YEARS OR MORE BE PAID A LUMP SUM OF $1,500, WHICH SUM SHALL BE IN ADDITION TO ANY PAY AND ALLOWANCES WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE.

IT WILL BE OBSERVED THAT, EXCEPT FOR TRAVEL BY AIR, THE ACT PROVIDES SPECIFIC AND DETAILED PAY AND ALLOWANCES. SINCE THE PROVISIONS OF LAW FIXING THE PAY AND ALLOWANCES FOR AVIATION CADETS CONTAIN NO LANGUAGE WHICH MAY BE CONSTRUED AS CONFERRING ON THEM RIGHT TO ALLOWANCES ON ACCOUNT OF DEPENDENTS BUT ON THE CONTRARY REBUT ANY SUCH INTERPRETATION AVIATION CADETS ARE NOT ENTITLED TO TRANSPORTATION OR OTHER ALLOWANCES ON ACCOUNT OF DEPENDENTS.

THE AFFIDAVIT FORWARDED WITH YOUR SUBMISSION IS RETAINED IN THE FILES OF THIS OFFICE.