B-116870, DECEMBER 7, 1953, 33 COMP. GEN. 242

B-116870: Dec 7, 1953

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IS FOUND TO BE PHYSICALLY UNFIT FOR MILITARY SERVICE AND IS RELIEVED FROM ACTIVE MILITARY SERVICE FOR SUCH REASON PRIOR TO THE EXPIRATION OF 91 DAYS. " A RESERVE OFFICER ON ACTIVE DUTY FOR TEN YEARS WHO HAS RECEIVED NO INITIAL UNIFORM ALLOWANCE UNDER PREVIOUS LAWS AND WHO IS RELIEVED FROM ACTIVE DUTY JANUARY 31. IS ENTITLED TO THE $200 INITIAL UNIFORM ALLOWANCE ON THE BASIS OF HAVING PERFORMED "NOT LESS THAN 14 DAYS ACTIVE DUTY" COMPLETED AFTER DECEMBER 31. FRACTIONAL YEARS OF SATISFACTORY FEDERAL SERVICE ARE CREDITABLE IN DETERMINING ENTITLEMENT TO THE $50 ADDITIONAL UNIFORM ALLOWANCE PROVIDED IN SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 FOR RESERVE OFFICERS UPON COMPLETION OF EACH FOUR-YEAR PERIOD OF SATISFACTORY FEDERAL SERVICE.

B-116870, DECEMBER 7, 1953, 33 COMP. GEN. 242

UNIFORM ALLOWANCE - RESERVE OFFICERS - ARMED FORCES RESERVE ACT OF 1952 UNDER THE UNIFORM ALLOWANCE PROVISIONS OF SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, A RESERVE OFFICER WHO ENTERS ON ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS UNDER ORDERS REQUIRING A FINAL TYPE PHYSICAL EXAMINATION SUBSEQUENT TO REPORTING FOR SUCH DUTY AND WHO, ON EXAMINATION, IS FOUND TO BE PHYSICALLY UNFIT FOR MILITARY SERVICE AND IS RELIEVED FROM ACTIVE MILITARY SERVICE FOR SUCH REASON PRIOR TO THE EXPIRATION OF 91 DAYS, MAY NOT BE PAID A $200 INITIAL UNIFORM ALLOWANCE OR A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100. UNDER SECTION 243 (A) (2) OF THE ARMED FORCES RESERVE ACT, EFFECTIVE JANUARY 1, 1953, WHICH PROVIDES THAT A RESERVE OFFICER SHALL BE ENTITLED TO A $200 INITIAL UNIFORM ALLOWANCE "UPON COMPLETION AS A MEMBER OF A RESERVE COMPONENT OF NOT LESS THAN 14 DAYS ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING," A RESERVE OFFICER ON ACTIVE DUTY FOR TEN YEARS WHO HAS RECEIVED NO INITIAL UNIFORM ALLOWANCE UNDER PREVIOUS LAWS AND WHO IS RELIEVED FROM ACTIVE DUTY JANUARY 31, 1953, IS ENTITLED TO THE $200 INITIAL UNIFORM ALLOWANCE ON THE BASIS OF HAVING PERFORMED "NOT LESS THAN 14 DAYS ACTIVE DUTY" COMPLETED AFTER DECEMBER 31, 1952, AND THE OFFICER'S RIGHT TO RECEIVE SUCH ALLOWANCE WOULD NOT BE AFFECTED BY RETIREMENT ON THE DATE OF RELEASE FROM ACTIVE DUTY. FRACTIONAL YEARS OF SATISFACTORY FEDERAL SERVICE ARE CREDITABLE IN DETERMINING ENTITLEMENT TO THE $50 ADDITIONAL UNIFORM ALLOWANCE PROVIDED IN SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 FOR RESERVE OFFICERS UPON COMPLETION OF EACH FOUR-YEAR PERIOD OF SATISFACTORY FEDERAL SERVICE--- AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED--- BUT NOT UNTIL THE COMPLETION OF A RESERVE OFFICER'S SERVICE YEAR CAN IT BE DETERMINED WHETHER OR NOT THE OFFICER PERFORMED SATISFACTORY SERVICE FOR THAT YEAR, OR FOR ANY FRACTION OF THAT YEAR. THE DUTY WHICH MUST BE EXCLUDED FROM COMPUTATIONS IN DETERMINING A YEAR OF SATISFACTORY FEDERAL SERVICE BY AN OFFICER OF A RESERVE COMPONENT FOR THE PURPOSE OF SECTION 243 (B) ($50 ADDITIONAL UNIFORM ALLOWANCE) OF THE ARMED FORCES RESERVE ACT OF 1952, IS DUTY IN CONNECTION WITH WHICH UNIFORM ALLOWANCES MIGHT ACCRUE UNDER SECTION 243 (A) (1) OR 243 (C) OF THE ACT; HENCE, IN DETERMINING SATISFACTORY FEDERAL SERVICE UNDER SECTION 243 (B), A PERIOD OF ONLY 35 DAYS ACTIVE DUTY PERFORMED UNDER ORDERS DIRECTING DUTY IN EXCESS OF 90 DAYS MUST BE EXCLUDED, BUT A LIKE PERIOD OF DUTY UNDER ORDERS OF INDEFINITE DURATION WOULD NOT BE EXCLUDED. THE ARMY RESERVE INCLUDES THE FORMER OFFICERS' RESERVE CORPS AND THEREFORE AN OFFICER WHO RESIGNED A COMMISSION IN THE OFFICERS' RESERVE CORPS AND WHO SUBSEQUENTLY ACCEPTED AN APPOINTMENT AS AN OFFICER IN THE ARMY RESERVE MAY COMBINE SERVICE IN BOTH UNITS IN COMPUTING SATISFACTORY FEDERAL SERVICE FOR ENTITLEMENT TO THE $50 ADDITIONAL UNIFORM ALLOWANCE PROVIDED IN SECTION 243 (B) OF ARMED FORCES RESERVE ACT OF 1952 FOR OFFICERS OF RESERVE COMPONENTS UPON COMPLETION OF EACH PERIOD OF FOUR YEARS SATISFACTORY FEDERAL SERVICE. UNDER SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1953, WHICH PROVIDES THAT OFFICERS OF RESERVE COMPONENTS SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON COMPLETION OF EACH PERIOD OF FOUR YEARS SATISFACTORY FEDERAL SERVICE, THERE IS NO REQUIREMENT THAT FOUR YEARS SERVICE BE CONTINUOUS AND A BREAK IN SERVICE WOULD NOT DEPRIVE AN OFFICER OF CREDIT FOR SATISFACTORY FEDERAL SERVICE ALREADY PERFORMED. SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT OFFICERS OF RESERVE COMPONENTS SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON COMPLETION OF EACH PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE APPLIES TO THE STANDBY RESERVE AS WELL AS TO THE READY RESERVE. UNDER SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT AN OFFICER OF "A RESERVE COMPONENT" SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON THE COMPLETION OF EACH PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE, TWO YEARS SATISFACTORY FEDERAL SERVICE IN THE ARMY NATIONAL GUARD, AND TWO YEARS SATISFACTORY FEDERAL SERVICE IN THE ARMY RESERVE MAY NOT BE COMBINED TO CONSTITUTE FOUR YEARS SATISFACTORY FEDERAL SERVICE, UNDER THE ABOVE SECTION, FOR ENTITLEMENT TO THE $50 ADDITIONAL UNIFORM ALLOWANCE PROVIDED THEREIN, THE ARMY NATIONAL GUARD AND THE ARMY RESERVE BEING SEPARATE AND DISTINCT ORGANIZATIONS. UNDER SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT, APPROVED JULY 9, 1952, WHICH PROVIDES THAT RESERVE OFFICERS SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON COMPLETION OF EACH PERIOD AFTER THE DATE OF ITS ENACTMENT OF FOUR YEARS SATISFACTORY FEDERAL SERVICE, A RESERVE OFFICER WHO COMPLETED FOUR YEARS OF SATISFACTORY FEDERAL SERVICE ON JUNE 30, 1952, MAY NOT BE CONSIDERED TO HAVE COMPLETED SUCH SERVICE ON JULY 10, 1952, SO AS TO BE ENTITLED TO THE $50 ADDITIONAL UNIFORM ALLOWANCE; HOWEVER, IF THE SAID OFFICER HAS SERVICE FOR THE PERIOD JULY 1 (BEGINNING OF NEW SERVICE YEAR) TO JULY 10, 1952, DETERMINATION COULD BE MADE ON OR AFTER JUNE 30, 1953, AS TO WHETHER THE OFFICER BECAME ENTITLED TO SUCH UNIFORM ALLOWANCE AS OF JULY 10, 1952. WHILE THE DETERMINATION AS TO WHETHER AN OFFICER OF A RESERVE COMPONENT IS ENTITLED TO THE $50 ADDITIONAL UNIFORM ALLOWANCE PROVIDED BY SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 FOR SUCH OFFICERS UPON COMPLETION OF EACH PERIOD OF FOUR YEARS SATISFACTORY FEDERAL SERVICE NECESSARILY MAY BE DEFERRED TO A DATE SUBSEQUENT TO THE COMPLETION OF SUCH PERIOD OF SERVICE, THE DATE OF THE OFFICER'S ENTITLEMENT TO SUCH AN ALLOWANCE UNDER THE SAID SECTION IS THE DATE OF THE COMPLETION OF AN AGGREGATE OF FOUR YEARS SATISFACTORY FEDERAL SERVICE, AND THEREFORE, AS TO FUTURE PAYMENTS, THE LAST PREVIOUS DATE OF ENTITLEMENT AND THE LAST PREVIOUS DATE OF COMPLETION OF FOUR YEARS SERVICE WOULD BE THE SAME. A MARINE CORPS RESERVE OFFICER WHO ENTERED ON ACTIVE DUTY MAY 29, 1941, AND THEREAFTER COMPLETED PERIODS OF FOUR YEARS OF SERVICE, SO AS TO QUALIFY FOR THE UNIFORM MAINTENANCE ALLOWANCE OF $50 UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, ON MAY 29, 1945, AND ON MAY 29, 1949, AND WHO ELECTS TO RECEIVE THE THIRD SUCH ALLOWANCE UNDER THE LAST PROVISO OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 (COMPUTED PURSUANT TO SECTION 302 OF NAVAL RESERVE ACT OF 1938), IS ENTITLED TO THE PAYMENT OF SUCH ALLOWANCE ON MAY 29, 1953, AND SUCH OFFICER IS NOT REQUIRED TO WAIT UNTIL COMPLETING FOUR YEARS OF SERVICE SUBSEQUENT TO JUNE 30, 1949. UNDER SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT A RESERVE OFFICER SHALL BE ENTITLED FOR EACH TIME OF ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN 90 DAYS DURATION TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100, A RESERVE OFFICER WHO IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN 90 DAYS AND WHO IS CONTINUED ON ACTIVE DUTY IN EXCESS OF 90 DAYS UNDER ORDERS OF INDEFINITE DURATION AMENDING THE ORIGINAL ORDERS, WOULD, ON THE 91ST DAY OF THE DUTY, BE ENTITLED TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 AS OF THE FIRST DAY OF DUTY UNDER THE ORIGINAL ORDERS. UNDER SECTON 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT A RESERVE OFFICER SHALL BE ENTITLED FOR EACH TIME OF ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN 90 DAYS DURATION TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100, A RESERVE OFFICER WHO IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN 90 DAYS AND WHO IS CONTINUED ON ACTIVE DUTY IN EXCESS OF 90 DAYS UNDER NEW ORDERS WITHOUT A BREAK IN SERVICE FOR AN ADDITIONAL SPECIFIED TOUR OF DUTY OF LESS THAN 90 DAYS WOULD ESTABLISH, ON THE FIRST DAY OF DUTY UNDER THE NEW ORDERS, ENTITLEMENT TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 AS OF THE FIRST DAY OF DUTY UNDER THE ORIGINAL ORDERS. A RESERVE OFFICER WHO IS ORDERED TO ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING FOR 120 DAYS, THEREBY BECOMING ENTITLED TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 PURSUANT TO SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, BUT WHO SERVES ONLY 80 DAYS, MUST USE THE ACTUAL DATE OF COMPLETION OF DUTY IN MEASURING THE TWO-YEAR PERIOD OF TIME REQUIRED TO ELAPSE, BY THE SECOND PROVISO OF THE SAID SECTION, BEFORE A SUBSEQUENT PAYMENT OF SUCH ALLOWANCE MAY BE MADE, AND THEREFORE FOR THE SAID OFFICER SUCH TWO-YEAR PERIOD OF TIME WOULD BEGIN TO RUN ON THE 81ST DAY. THE SECOND PROVISO OF SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT THE UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 PROVIDED BY THE SAID SECTION SHALL NOT BE PAYABLE TO ANY RESERVE OFFICER ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF SUCH DUTY OF MORE THAN 90 DAYS DURATION, IS NOT APPLICABLE TO AN OFFICER WHO IS ORDERED TO ACTIVE DUTY FOR AN INDEFINITE PERIOD BUT WHO SERVES ONLY 85 DAYS.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, DECEMBER 7, 1953:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 23, 1953, FROM THE ASSISTANT SECRETARY OF DEFENSE, REQUESTING DECISION ON SEVERAL QUESTIONS (LISTED IN AN ENCLOSED COPY OF COMMITTEE ACTION NO. 70, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE), CONCERNING THE PAYMENT OF UNIFORM ALLOWANCES UNDER SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 9, 1952--- EFFECTIVE, EXCEPT AS OTHERWISE STATED THEREIN, ON JANUARY 1, 1953--- 66 STAT. 492. THE SAID SECTION IS AS FOLLOWS:

(A) AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, EITHER---

(1) UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF NINETY DAYS; OR

(2) UPON COMPLETION, AS A MEMBER OF A RESERVE COMPONENT, OF NOT LESS THAN FOURTEEN DAYS ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING; OR

(3) AFTER THE PERFORMANCE OF FOURTEEN PERIODS OF NOT LESS THAN TWO HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF A RESERVE COMPONENT: PROVIDED, THAT ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSE OF THIS SECTON: PROVIDED FURTHER, THAT ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE HERETOFORE OR HEREAFTER RECEIVED AS AN OFFICER UNDER THE PROVISIONS OF ANY OTHER LAW SHALL BE A BAR TO THE ENTITLEMENT FOR ANY INITIAL SUM AUTHORIZED UNDER THE PROVISIONS OF THIS SECTION: AND PROVIDED FURTHER, THAT ANY INDIVIDUAL WHO HAS SERVED ON ACTIVE DUTY AS AN OFFICER OF A REGULAR COMPONENT OF THE ARMED FORCES OF THE UNITED STATES MAY NOT BE QUALIFIED FOR ENTITLEMENT UNDER THIS SECTION BY DUTY PERFORMED WITHIN TWO YEARS AFTER SEPARATION FROM SUCH REGULAR COMPONENT.

(B) AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN ADDITIONAL SUM OF NOT TO EXCEED $50 FOR REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, UPON COMPLETION OF EACH PERIOD AFTER THE DATE OF ENACTMENT OF THIS ACT OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED, PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT AND WHICH SHALL INCLUDE AT LEAST TWENTY- EIGHT DAYS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING: PROVIDED, THAT ANY PERIOD OF ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF NINETY DAYS SHALL BE EXCLUDED IN DETERMINING THE PERIOD OF FOUR YEARS REQUIRED FOR ELIGIBILITY UNDER THIS SUBSECTION: PROVIDED FURTHER, THAT A PERSON WHO RECEIVES OR HAS HERETOFORE RECEIVED A UNIFORM REIMBURSEMENT OR ALLOWANCE AS AN OFFICER SHALL NOT BE ENTITLED TO THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION UNTIL THE EXPIRATION OF NOT LESS THAN FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE: AND PROVIDED FURTHER, THAT, UNTIL FOUR YEARS AFTER THE DATE OF ENACTMENT HEREOF, AN OFFICER MAY ELECT TO RECEIVE THE UNIFORM REIMBURSEMENT NOT TO EXCEED $50 TO WHICH HE MAY BE ENTITLED UNDER EXISTING REGULATIONS ISSUED PURSUANT TO SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, OR SECTION 11 OF THE ACT OF AUGUST 4, 1942, AS AMENDED.

(C) AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR OF THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON OR AFTER JUNE 25, 1950, SHALL BE ENTITLED, FOR EACH TIME OF SUCH ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION TO A FURTHER SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR ADDITIONAL UNIFORM AND EQUIPMENT REQUIRED ON SUCH DUTY: PROVIDED, THAT THE REIMBURSEMENT PROVIDED BY THIS SUBSECTION SHALL NOT BE PAYABLE TO ANY OFFICER WHO, UNDER ANY PROVISION OF LAW, HAS RECEIVED AN INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE IN EXCESS OF $200 DURING HIS CURRENT TOUR OF ACTIVE DUTY OR WITHIN A PERIOD OF TWO YEARS PRIOR TO ENTERING ON HIS CURRENT TOUR OF ACTIVE DUTY: PROVIDED, FURTHER, THAT THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION SHALL NOT BE PAYABLE TO ANY OFFICER ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION.

(D) THE RECEIPT OF A UNIFORM AND EQUIPMENT REIMBURSEMENT AS AN OFFICER OF ONE OF THE RESERVE COMPONENTS SHALL BE A BAR TO ENTITLEMENT TO A UNIFORM REIMBURSEMENT UPON TRANSFER TO OR APPOINTMENT IN ANOTHER, EXCEPT WHERE A DIFFERENT UNIFORM IS REQUIRED: PROVIDED, THAT REIMBURSEMENT FOR UNIFORMS AND EQUIPMENT UPON TRANSFER TO OR APPOINTMENT IN ANOTHER RESERVE COMPONENT WITHIN THE LIMITS AND UNDER THE CONDITIONS PRESCRIBED BY SUBSECTIONS (A) AND (C) OF THIS SECTION MAY BE MADE IN ACCORDANCE WITH REGULATIONS APPROVED BY THE SECRETARY OF DEFENSE OR THE SECRETARY OF THE TREASURY IN THE CASE OF THE COAST GUARD WHEN THE COAST GUARD IS OPERATING AS A SERVICE IN THE TREASURY DEPARTMENT.

THE QUESTIONS PRESENTED ARE QUOTED AND CONSIDERED IN ORDER.

QUESTION 1

SECTION 243 (A) (1) PROVIDES " AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, EITHER " (1) UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS; OR * * *.'

SECTION 243 (C) PROVIDES " AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR OF THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON OR AFTER JUNE 25, 1950, SHALL BE ENTITLED, FOR EACH TIME OF SUCH ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION TO A FURTHER SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR ADDITIONAL UNIFORMS AND EQUIPMENT REQUIRED ON SUCH DUTY:

AN OFFICER MAY BE ORDERED TO ACTIVE DUTY AND UNDERGO A FINAL TYPE PHYSICAL EXAMINATION SUBSEQUENT TO REPORTING FOR ACTIVE DUTY, AND IF FOUND TO BE PHYSICALLY UNFIT FOR ACTIVE MILITARY SERVICE BE RELIEVED FROM ASSIGNMENT. OFFICERS WHO ARE RELIEVED FROM ACTIVE DUTY FOR PHYSICAL DISQUALIFICATION ARE ENTITLED TO PAY AND ALLOWANCES FROM THE DATE OF ENTRY INTO THE ACTIVE MILITARY SERVICE TO INCLUDE DATE OF RELIEF FROM THE ACTIVE MILITARY SERVICE.

AN OFFICER IN THE ARMY RESERVE WAS ORDERED TO ACTIVE DUTY IN EXCESS OF 90 DAYS UNDER SUBSTANTIALLY THE FOLLOWING ORDERS: "BY DIRECTION OF THE SECRETARY OF THE ARMY UNDER THE PROVISIONS OF SUBSECTION 233 (D), ARMED FORCES RESERVE ACT OF 1952 ( P.L. 476, 82D CONG.) THE FOLLOWING NAMED FIRST LIEUTENANT, DCUMAR, WITH HIS CONSENT IS ORDERED TO ACTIVE DUTY ON 27 JUNE 1953 FOR ONE YEAR DENTAL TRAINING, COMMENCING 1 JULY 1953 AND TERMINATING 30 JUNE 1954. OFFICER WILL PROCEED FROM HIS HOME OR TEMPORARY ADDRESS OF RECORD TO UNIT AND/OR STATION. IMMEDIATELY UPON REPORTING AT AN ASSIGNED STATION OFFICER WILL UNDERGO FINAL TYPE PHYSICAL EXAMINATION WHICH WILL BE FORWARDED TO APPROPRIATE ARMY COMMANDER FOR REVIEW AND DISPOSITION. TDN TPA PCS.'

OTHER CONDITIONS OF ENTITLEMENT BEING MET, MAY THIS OFFICER BE PAID AN INITIAL UNIFORM ALLOWANCE OF $200 AND ALSO AN ACTIVE DUTY ALLOWANCE OF $100 IF FOUND TO BE PHYSICALLY UNFIT FOR THE MILITARY SERVICE AND IS RELIEVED FROM THE ACTIVE MILITARY SERVICE FOR THIS REASON PRIOR TO EXPIRATION OF 91 DAYS?

PHYSICAL FITNESS NECESSARILY IS A CONDITION PRECEDENT TO EXTENDED ACTIVE DUTY. UNDER THE ORDERS MENTIONED ABOVE THE OFFICER MAY NOT BE CONSIDERED TO HAVE REPORTED FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS UNTIL HIS PHYSICAL FITNESS HAS BEEN DETERMINED. ALSO, IT HAS BEEN HELD THAT UNTIL AN OFFICER'S PHYSICAL FITNESS FOR ACTIVE DUTY HAS BEEN DETERMINED HE HAS NOT PERFORMED ANY DUTY "REQUIRING THE WEARING OF THE UNIFORM.' COMPARE B-38654, JANUARY 1, 1944; B-45468, FEBRUARY 26, 1945; B-99811, JULY 10, 1951. QUESTION 1 IS ANSWERED IN THE NEGATIVE.

QUESTION 2

UNDER SECTION 243 (A), AN OFFICER MAY QUALIFY FOR THE INITIAL UNIFORM ALLOWANCE "UPON COMPLETION, AS A MEMBER OF A RESERVE COMPONENT, OF NOT LESS THAN 14 DAYS' ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING.' IS THIS PROVISION OF THE LAW LIMITED TO SHORT TOURS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING, OR MAY THE INITIAL ALLOWANCE BE PAID IN THE FOLLOWING CASE:

AN OFFICER ON ACTIVE DUTY FOR TEN YEARS HAS RECEIVED NO INITIAL ALLOWANCE UNDER PREVIOUS LAWS AND WAS RELIEVED FROM ACTIVE DUTY 31 JANUARY 1953. HE ENTITLED TO $200 INITIAL ALLOWANCE ON THE BASIS OF HAVING PERFORMED "NOT LESS THAN 14 DAYS' ACTIVE DUTY" COMPLETED AFTER 31 DECEMBER 1952? THE ANSWER IS IN THE AFFIRMATIVE, WOULD THE MEMBER'S RIGHT TO RECEIVE THE ALLOWANCE BE IMPAIRED IF HE WERE RETIRED ON 31 JANUARY 1953? IN THIS CONNECTION SEE ANSWERS TO QUESTIONS 1 AND 7 OF COMP. GEN. B-112407, 11 MAY 1953.

SUBSECTION 243 (A) (2) SPECIFIED PERIODS OF 14 DAYS OR MORE. THE OFFICER BECAME ENTITLED TO A $200 ALLOWANCE PRIOR TO JANUARY 31, 1953. THE FACT THAT HE WAS RETIRED IMMEDIATELY UPON COMPLETION OF ACTIVE DUTY WOULD NOT AFFECT HIS RIGHT TO THE ALLOWANCE, WHICH IS IN THE NATURE OF REIMBURSEMENT OF COSTS OF UNIFORMS WHICH WERE REQUIRED FOR DUTY ALREADY COMPLETED.

QUESTION 3

SECTION 243 (B), ARMED FORCES RESERVE ACT OF 1952, SUPRA, PROVIDES FOR ENTITLEMENT TO $50 MAINTENANCE ALLOWANCE "UPON COMPLETION OF EACH PERIOD AFTER THE DATE OF ENACTMENT OF THIS ACT OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE * * * PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT" AND "ANY PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF 90 DAYS SHALL BE EXCLUDED IN DETERMINING THE PERIOD OF FOUR YEARS REQUIRED FOR ELIGIBILITY.' IN THE COMPUTATION OF 4 YEARS OF SATISFACTORY FEDERAL SERVICE, THE FOLLOWING QUESTIONS HAVE ARISEN:

A. AN OFFICER COMMENCED A 4-YEAR PERIOD OF FEDERAL SERVICE ON 1 JULY 1949, AND EARNED THE FOLLOWING POINTS AS SET FORTH BELOW:

CHART

JULY 1949--- 30 JUNE 1950, 50 POINTS.

JULY 1950--- 1 OCTOBER 1950, ACTIVE DUTY.

JULY 1950--- 30 JUNE 1951, 30 POINTS.

JULY 1952--- 30 SEPTEMBER 1951, 20 POINTS.

OCTOBER 1951--- 30 JUNE 1952, 30 POINTS.

JULY 1952--- 30 SEPTEMBER 1952, 20 POINTS.

OCTOBER 1952--- 30 JUNE 1953, 30 POINTS.

JULY 1953--- 30 SEPTEMBER 1953, 20 POINTS.

(1) MUST THE 50 POINT REQUIREMENT BE MET DURING THE 12 MONTH PERIOD FROM 1 JULY 1950 THROUGH 30 JUNE 1951; OR MUST THAT 12 MONTHS BE ELIMINATED AS AN UNSATISFACTORY YEAR OF FEDERAL SERVICE BECAUSE THE 50 POINT REQUIREMENT HAD NOT BEEN MET DURING THAT PERIOD; OR MAY THE SATISFACTORY YEAR BE CONSIDERED AS COMPLETED AT THE END OF 15 MONTHS (30 SEPTEMBER 1951) SINCE THE TOTAL OF 50 POINTS HAD BEEN EARNED IN THAT TIME?

(2) IF THE YEAR OF SATISFACTORY SERVICE IS CONSIDERED COMPLETED AT THE END OF 15 MONTHS IN (1) ABOVE, WHAT ADDITIONAL PERIOD WOULD BE NEEDED IF THE OFFICER, ORDERED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS (1 JULY 1950--- 1 OCTOBER 1950), WAS RELEASED FROM ACTIVE DUTY AFTER ONLY 35 DAYS; OR IF HE WERE ORDERED TO ACTIVE DUTY FOR AN INDEFINITE PERIOD AND WAS RELEASED AFTER SERVING 35 DAYS OF ACTIVE DUTY?

AN OFFICER'S QUALIFICATION FOR A YEAR OF SATISFACTORY FEDERAL SERVICE UNDER SUBSECTION 243 (B) IS DETERMINED UNDER TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948. HENCE, IF HIS SERVICE YEAR UNDER THE 1948 ACT BEGINS, FOR EXAMPLE, ON AUGUST 1 HIS YEAR OF SATISFACTORY FEDERAL SERVICE UNDER SUBSECTION 243 (B) WILL BE COMPUTED ON THE SAME BASIS.

IN THE EXAMPLE CITED IN QUESTION 3A, THE OFFICER BEGAN A NEW SERVICE YEAR ON JULY 1, 1950. FROM THAT SERVICE YEAR THE PERIOD JULY 1 TO OCTOBER 1 MUST BE EXCLUDED. FRACTIONAL YEARS OF SATISFACTORY SERVICE ARE CREDITABLE IN THE COMPUTATION OF RETIRED PAY UNDER THE 1948 ACT. 28 COMP. GEN. 321. THE SAME RULE IS FOR APPLICATION HERE. ON JUNE 30, 1951, OTHER REQUIREMENTS HAVING BEEN MET, THE OFFICER BECAME ENTITLED TO CREDIT FOR SERVICE UNDER SUBSECTION 243 (B) FOR THE PERIOD OCTOBER 2, 1950, TO JUNE 30, 1951, 8 MONTHS, 29 DAYS. HIS AGGREGATE OF SUCH SERVICE YEAR BEGAN ON JULY 1, 1953. NOT UNTIL JUNE 30, 1954--- UNLESS IN THE MEANTIME HE CEASED TO BE A MEMBER OF THE RESERVE COMPONENT--- COULD IT BE DETERMINED WHETHER HERE PERFORMED SATISFACTORY FEDERAL SERVICE FOR THE YEAR THEN ENDING, OR FOR ANY FRACTION OF THAT YEAR. UPON DETERMINATION THAT HE COMPLETED A YEAR OF SATISFACTORY SERVICE ON JUNE 30, 1954, IT WOULD BE ESTABLISHED THAT HE WAS ENTITLED TO CREDIT FOR THE FRACTION OF A YEAR FROM JULY 1 TO OCTOBER 1, 1953, AND THAT HE WAS ENTITLED, AS OF OCTOBER 1, 1953, TO A $50 ALLOWANCE, PROVIDED THAT HE HAD MET REQUIREMENTS AS TO THE WEARING OF THE UNIFORM AND AS TO THE PERFORMANCE OF AT LEAST 28 DAYS' DUTY, IN ADDITION TO THE PERIOD JULY 1 TO OCTOBER 1, 1950. QUESTION 3A (1) IS ANSWERED ACCORDINGLY.

SINCE THE DUTY WHICH MUST BE EXCLUDED FROM COMPUTATIONS UNDER SUBSECTION 243 (B) IS SPECIFIED AS CONSISTING OF PERIODS IN EXCESS OF 90 DAYS, IT APPEARS THAT IT WAS INTENDED TO EXCLUDE PERIODS IN CONNECTION WITH WHICH ALLOWANCES MIGHT ACCRUE UNDER SUBSECTION 243 (A) (1) OR SUBSECTION 243 (C). ON THAT BASIS, THE PERIOD OF DUTY OF ONLY 35 DAYS, UNDER THE ORDERS DIRECTING DUTY IN EXCESS OF 90 DAYS, MUST BE EXCLUDED. COMPARE ANSWER TO QUESTION 9, 32 COMP. GEN. 502, 511. A LIKE PERIOD OF DUTY UNDER ORDERS OF INDEFINITE DURATION WOULD NOT BE EXCLUDED BECAUSE UNDER THOSE ORDERS SUCH ALLOWANCES COULD NOT ACCRUE UNLESS HE ACTUALLY SERVED MORE THAN 90 DAYS.

QUESTION 3A (2) IS ANSWERED ACCORDINGLY.

3B

AN OFFICER RESIGNED HIS COMMISSION IN THE OFFICERS' RESERVE CORPS OF THE ARMY ON 1 AUGUST 1949. AS OF 1 JULY 1949 HE WAS CREDITED WITH 3 YEARS, 4 MONTHS, AND 14 DAYS SATISFACTORY FEDERAL SERVICE BY VIRTUE OF HAVING SERVED AS A MEMBER OF A RESERVE COMPONENT FOR THAT PERIOD OF TIME. PERFORMED NO SERVICE DURING THE MONTH OF JULY. ON 13 MARCH 1953 HE ACCEPTED AN APPOINTMENT AS A CAPTAIN IN THE ARMY RESERVE. FOR HOW LONG A PERIOD MUST HE PERFORM SATISFACTORY FEDERAL SERVICE AFTER 13 MARCH 1953 TO BECOME ENTITLED TO A MAINTENANCE ALLOWANCE OF NOT TO EXCEED $50?

THE ARMY RESERVE INCLUDES THE FORMER OFFICERS' RESERVE CORPS. PARAGRAPH 4A, ARMY REGULATIONS NO. 140-305, DECEMBER 5, 1952. SINCE THE OFFICER PERFORMED NO DUTY REQUIRING THE WEARING OF THE UNIFORM DURING JULY 1949 HE COULD NOT HAVE MET THE PRO RATA REQUIREMENTS FOR SATISFACTORY FEDERAL SERVICE FOR THAT MONTH AND IS NOT ENTITLED, UNDER SUBSECTION 243 (B), TO CREDIT FOR THAT MONTH. WHEN HE ENTERED ON A NEW SERVICE YEAR ON MARCH 13, 1953, HE HAD TOTAL SATISFACTORY SERVICE OF 3 YEARS, 4 MONTHS, 14 DAYS. OR AFTER MARCH 12, 1953, IT COULD BE DETERMINED WHETHER HE BECAME ENTITLED, AS OF OCTOBER 28, 1953, TO A $50 ALLOWANCE. COMPARE ANSWER TO QUESTION 3A (1).

3C

AN OFFICER BEGAN A PERIOD OF 4 YEARS OF SATISFACTORY FEDERAL SERVICE ON 1 JULY 1949 AND COMPLETED A YEAR OF SATISFACTORY FEDERAL SERVICE ON 30 JUNE 1950. DURING THE SECOND YEAR HE PERFORMED ACTIVE DUTY FOR TRAINING FROM 10-30 AUGUST 1950; ACTIVE DUTY FROM 1 NOVEMBER 1950 TO 28 FEBRUARY 1951; AND ACTIVE DUTY FOR TRAINING FROM 5-25 MAY 1951. ASSUMING THE SUBSEQUENT PERFORMANCE OF SATISFACTORY FEDERAL SERVICE, ON WHAT DATE IS HE CONSIDERED TO HAVE COMPLETED 4 YEARS OF SATISFACTORY FEDERAL SERVICE?

THE PERIOD FROM NOVEMBER 1, 1950, FEBRUARY 28, 1951, MUST BE EXCLUDED. ON JUNE 30, 1951, THE OFFICER HAD AN AGGREGATE OF 1 YEAR, 8 MONTHS' SATISFACTORY SERVICE, AND ON JUNE 30, 1953, AN AGGREGATE OF 3 YEARS, 8 MONTHS. HE BEGAN A NEW SERVICE YEAR ON JULY 1, 1953, AND ON OR AFTER JUNE 30, 1953, IT COULD BE DETERMINED WHETHER HE BECAME ENTITLED TO AN ALLOWANCE AS OF OCTOBER 31, 1953.

3D

AN OFFICER COMPLETES ONE YEAR'S SATISFACTORY FEDERAL SERVICE, BUT FAILS TO MAKE THE REQUIRED 50 POINTS IN THE NEXT YEAR. MAY HE QUALIFY IN THE 3 YEARS FOLLOWING THE UNSATISFACTORY YEAR OR MUST HE START A NEW 4-YEAR PERIOD FOLLOWING THE UNSATISFACTORY YEAR?

THE OFFICER MAY COMBINE THE ONE YEAR OF SATISFACTORY SERVICE WITH THE THREE YEARS OF SUCH SERVICE, THERE BEING NO REQUIREMENT THAT THE FOUR YEARS BE CONTINUOUS.

3E

AN OFFICER MEMBER OF THE STANDBY RESERVE OF THE ARMY RESERVE, PERFORMS ONE YEAR OF SATISFACTORY FEDERAL SERVICE FROM 1 JULY 1953 TO 30 JUNE 1955. DURING THE PERIOD FROM 1 JULY 1955 TO 31 DECEMBER 1955 HE ATTENDS 18 INACTIVE DUTY TRAINING ASSEMBLIES REQUIRING THE WEARING OF THE UNIFORM. ON 1 JANUARY 1956 HE TRANSFERS TO THE INACTIVE STATUS LIST IN THE STANDBY RESERVE. THEREAFTER, ON 1 JULY 1956, HE RETURNS TO AN ACTIVE STATUS. FOR PURPOSES OF ENTITLEMENT TO THE MAINTENANCE ALLOWANCE OF NOT TO EXCEED $50, HOW MUCH SATISFACTORY FEDERAL SERVICE MUST THE OFFICER PERFORM AFTER 1 JULY 1956?

SUBSECTION 243 (B) APPLIED TO THE STANDBY RESERVE AS WELL AS TO THE READY RESERVE. SEE PAGES 840 AND 842, HOUSE HEARINGS ON H.R. 4860, 82D CONGRESS. ON JULY 1, 1956, THE OFFICER WOULD HAVE COMPLETED 1 YEAR, 6 MONTHS' SATISFACTORY SERVICE. HE WOULD NEED 2 YEARS, 6 MONTHS, OF WHICH JULY 1 WOULD BE THE FIRST DAY. ON OR AFTER JUNE 30, 1959 DETERMINATION COULD BE MADE AS TO WHETHER HE BECAME ENTITLED TO AN ALLOWANCE AS OF DECEMBER 31, 1958.

QUESTION 4

IN REPLY TO QUESTION NUMBER 10 OF THE DECISION OF THE COMPTROLLER GENERAL, B-112407, 11 MAY 1953, IT WAS HELD THAT IN COMPUTING 4 YEARS' SATISFACTORY FEDERAL SERVICE UNDER SECTION 243 (B), SERVICE IN 2 RESERVE COMPONENTS MAY NOT BE COMBINED TO CONSTITUTE A PERIOD OF 4 YEARS' SATISFACTORY FEDERAL SERVICE. IN THIS CONNECTION, A FURTHER QUESTION ARISES AS TO WHETHER "A RESERVE COMPONENT WITHIN THE MEANING OF SECTION 243 (B) IS TO BE RESTRICTED TO ANY ONE COMPONENT WITHIN A SERVICE, EVEN THOUGH BOTH RESERVE COMPONENTS ARE REQUIRED TO WEAR THE SAME UNIFORM; " FOR EXAMPLE: MAY 2 YEARS' SATISFACTORY FEDERAL SERVICE IN THE ARMY NATIONAL GUARD AND 2 YEARS' SATISFACTORY FEDERAL SERVICE IN THE ARMY RESERVE BE COMBINED TO CONSTITUTE 4 YEARS' SATISFACTORY FEDERAL SERVICE UNDER THIS SECTION?

SINCE THE ARMY NATIONAL GUARD AND THE ARMY RESERVE ARE SEPARATE AND DISTINCT ORGANIZATIONS, THE ANSWER TO THIS QUESTION IS GOVERNED BY THE ANSWER TO QUESTION NUMBER 10, DECISION OF MAY 11, 1953, 32 COMP. GEN. 502, 512. ACCORDINGLY, QUESTION 4 IS ANSWERED IN THE NEGATIVE?

QUESTION 5

IN THE ANSWER TO QUESTION 9 SET FORTH IN COMP. GEN. DECISION, B 112407, DATED 25 NOVEMBER 1952 THE FOLLOWING LANGUAGE APPEARS:

"IN VIEW OF SUCH PROVISO (SECOND PROVISO OF SUBSECTION 243 (B), ARMED FORCES RESERVE ACT OF 1952), IT SEEMS REASONABLY CLEAR THAT THE CONGRESS DID NOT MEAN THAT THE FOUR-YEAR PERIOD OF SERVICE REFERRED TO IN THE SUBSECTION MUST BEGIN AFTER 9 JULY 1952, BUT MUST BE COMPLETED AFTER THAT DATE * * *.'

A. AN AIR FORCE RESERVE OFFICER COMPLETED FOUR YEARS OF SATISFACTORY FEDERAL SERVICE ON 30 JUNE 1952. CONSIDERING THE ABOVE QUOTED LANGUAGE CAN IT BE CONSIDERED THAT HE COMPLETED SUCH PERIOD ON 10 JULY 1952, AND THUS BE ENTITLED TO THE ADDITIONAL SUM OF NOT TO EXCEED $50, IF OTHERWISE ENTITLED THERETO?

B. IF THE ANSWER TO THE PRECEDING QUESTION IS IN THE NEGATIVE, ON WHAT DATE WOULD SAID OFFICER BE ENTITLED TO THE FIRST PAYMENT OF $50 ASSUMING HE IS OTHERWISE QUALIFIED?

THE STATUTE CLEARLY HAS NO APPLICATION TO FOUR-YEAR PERIODS COMPLETED PRIOR TO JULY 10, 1952. THE OFFICER MENTIONED MUST HAVE SATISFACTORY SERVICE FOR THE PERIOD JULY 1 TO 10, 1952, TO QUALIFY FOR THE $50 ALLOWANCE ON JULY 10, 1952. SINCE A NEW SERVICE YEAR BEGAN ON JULY 1, 1952, DETERMINATION COULD BE MADE ON OR AFTER JUNE 30, 1953, AS TO WHETHER HE BECAME ENTITLED TO AN ALLOWANCE AS OF JULY 10, 1952.

QUESTIONS 5A AND 5B ARE ANSWERED ACCORDINGLY.

5C

WILL FUTURE ENTITLEMENT TO THE ADDITIONAL SUM OF NOT TO EXCEED $50 REQUIRE THE COMPLETION OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE FROM THE LAST PREVIOUS DATE OF ENTITLEMENT OR FROM THE DATE OF THE LAST PREVIOUS COMPLETION OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE, PROVIDED THAT A PERIOD OF FOUR YEARS HAS ELAPSED (SECOND PROVISO OF SUBSECTION 243 (B) ( SINCE LAST ENTITLEMENT TO ANY UNIFORM ALLOWANCE?

AS INDICATED IN ANSWERS TO PRECEDING QUESTIONS, THE DATE OF AN OFFICER'S ENTITLEMENT TO AN ALLOWANCE UNDER SUBSECTION 243 (B/--- ALTHOUGH THE DETERMINATION AS TO WHETHER HE IS SO ENTITLED NECESSARILY MAY BE DEFERRED TO A LATER DATE--- IS THE DATE OF THE COMPLETION OF AN AGGREGATE OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE. HENCE, AS TO THE FUTURE PAYMENTS, THE LAST PREVIOUS DATE OF ENTITLEMENT AND THE LAST PREVIOUS DATE OF COMPLETION OF FOUR YEARS' SERVICE WOULD BE THE SAME.

QUESTION 6

THE COMPTROLLER GENERAL OF THE UNITED STATES IN HIS DECISION OF 11 MAY 1953, B-112407, IN ANSWER TO QUESTION 12 (E), HELD THAT

"WHILE OFFICERS WHO HAVE CONTINUOUS SERVICE FROM SOME DATE PRIOR TO JULY 1, 1949, WOULD NORMALLY HAVE THEIR YEARS CORRESPOND TO THE FISCAL YEAR, THAT SITUATION RESULTS BECAUSE OF THE WORDING OF THE STATUTE AND NOT BECAUSE THE EARNING OF POINTS HAS ANY PARTICULAR RELATION TO THE FISCAL YEAR.'

AN OFFICER WAS COMMISSIONED IN THE MARINE CORPS RESERVE ON 29 MAY 1941; REPORTED FOR ACTIVE DUTY ON 29 MAY 1941, AND QUALIFIED FOR AND WAS PAID THE INITIAL UNIFORM GRATUITY OF $100 UNDER THE PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180). HE THEREAFTER COMPLETED FOUR YEARS OF SERVICE AND QUALIFIED FOR THE UNIFORM MAINTENANCE ALLOWANCE OF $50 UNDER THE PROVISIONS OF SAID SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 ON 29 MAY 1945 AND ON 29 MAY 1949.

HAVING IN MIND THE ABOVE-CITED LANGUAGE IN ANSWER TO QUESTION 12 (E), OF THE CITED DECISION OF 11 MAY 1953, AND ASSUMING THE OFFICER ELECTS TO RECEIVE THE THIRD UNIFORM MAINTENANCE ALLOWANCE OF $50 UNDER THE PROVISIONS OF THE LAST PROVISO OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 (62 STAT. 1087), AND ASSUMING THAT HE OTHERWISE QUALIFIES, IS HE (A) ENTITLED TO THE PAYMENT OF THE UNIFORM MAINTENANCE ALLOWANCE OF $50 ON 29 MAY 1953, OR (B) REQUIRED TO WAIT UNTIL 30 JUNE 1953 AT WHICH TIME HE WILL HAVE COMPLETED FOUR YEARS SUBSEQUENT TO 30 JUNE 1949?

THE OFFICER'S RIGHT TO AN ALLOWANCE IS FOR DETERMINATION UNDER REGULATIONS EXISTING ON JULY 9, 1952, ISSUED PURSUANT TO SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, NO REQUIREMENT AS TO "SATISFACTORY FEDERAL SERVICE" BEING INVOLVED. HE BECAME ENTITLED TO A $50 ALLOWANCE ON MAY 29, 1953, IF HE THEN HAD MET THE REQUIREMENTS SET OUT IN THE APPROPRIATE REGULATIONS.

QUESTION 7

SECTION 243 (C) PROVIDES FOR ENTITLEMENT TO $100 ACTIVE DUTY ALLOWANCE FOR EACH TIME OF ENTRY OR REENTRY, ON OR AFTER 25 JUNE 1950, ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN 90 DAYS' DURATION. IS AN OFFICER ELIGIBLE TO RECEIVE THE $100 ALLOWANCE, OTHER REQUIREMENTS BEING MET, IF HE IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF LESS THAN 90 DAYS AND IS CONTINUED ON ACTIVE DUTY IN EXCESS OF 90 DAYS UNDER ORDERS AMENDING THE ORIGINAL ORDERS OR UNDER NEW ORDERS WITHOUT A BREAK IN SERVICE FOR AN ADDITIONAL SPECIFIED TOUR OF DUTY OF LESS THAN 90 DAYS, AND THE TOTAL TIME REQUIRED TO BE SERVED UNDER TWO SUCH ORDERS IS A CONTINUOUS PERIOD IN EXCESS OF 90 DAYS?

IF THE OFFICER, UNDER EITHER OF THE STATED ALTERNATIVES, SERVES CONTINUOUSLY FOR MORE THAN 90 DAYS, UNDER A SERIES OF ORDERS REQUIRING SUCH SERVICE, HIS ENTRY ON DUTY MAY BE CONSIDERED AS AN ,ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS.' COMPARE B-89964, DECEMBER 14, 1949, AND CASES THEREIN CITED.

APPARENTLY, UNDER THE FIRST ALTERNATIVE THE AMENDING ORDERS REQUIRE FURTHER DUTY OF INDEFINITE DURATION. UNDER SUCH CIRCUMSTANCES, IT WOULD BE ESTABLISHED ON THE 91ST DAY OF DUTY THAT THE OFFICER WAS ENTITLED, AS OF THE FIRST DAY OF DUTY UNDER HIS ORIGINAL ORDERS, TO A $100 ALLOWANCE.

UNDER THE SECOND ALTERNATIVE THE NEW ORDERS DIRECT DUTY OF A SPECIFIED DURATION WHICH, TOGETHER WITH THE DUTY DIRECTED BY THE ORIGINAL ORDERS, WILL EXTEND 90 DAYS. UNDER SUCH CIRCUMSTANCES, IT WOULD BE ESTABLISHED ON THE OFFICER'S FIRST DAY OF DUTY UNDER HIS NEW ORDERS THAT HE WAS ENTITLED, AS OF THE FIRST DAY OF DUTY UNDER HIS ORIGINAL ORDERS, TO A $100 ALLOWANCE. COMPARE ANSWER TO QUESTION 9, 32 COMP. GEN. 502, 511.

QUESTION 7 IS ANSWERED ACCORDINGLY.

QUESTION 8

THE SECOND PROVISO OF SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, PROVIDES , THAT THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION SHALL NOT BE PAYABLE TO ANY OFFICER ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION.' REPLY TO QUESTION NUMBER 9 IN THE DECISION, B 112407, 11 MAY 1953, IT WAS HELD THAT," APPARENTLY, SUBSECTION 243 (C) DOES NOT REQUIRE THE ACTUAL PERFORMANCE OF DUTY FOR MORE THAN NINETY DAYS UNDER ORDERS REQUIRING DUTY OF THAT DURATION BEFORE A RIGHT TO THE $100 ALLOWANCE BECOMES FIXED, * * *. SINCE THE SAID ALLOWANCE WOULD BE MADE ON THE BASIS OF DUTY IN EXCESS OF NINETY DAYS, IT MUST BE CONSIDERED THAT DUTY ACTUALLY WAS PERFORMED FOR A PERIOD IN EXCESS OF NINETY DAYS UNDER THOSE ORDERS WHEN DETERMINING AN INDIVIDUAL'S RIGHT TO AN ALLOWANCE FOR UNIFORMS UNDER ORDERS ISSUED THEREAFTER.'

IN VIEW OF THE ABOVE, FROM WHAT DATE DOES TIME COMMENCE TO RUN FOR THE TWO-YEAR PERIOD REFERRED TO IN THE ABOVE PROVISO IN THE FOLLOWING INSTANCES:

A. WHEN AN OFFICER IS ORDERED TO ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING FOR 120 DAYS, BUT SERVES ONLY 80 DAYS, DOES THE TWO-YEAR PERIOD BEGIN TO RUN ON THE 81ST DAY (DATE FOLLOWING THE DATE OF RELEASE FROM ACTIVE SERVICE); ON THE 91ST DAY (ON EXPIRATION OF ASSUMED DUTY OF OVER 90 DAYS' SERVICE); OR ON THE 121ST DAY (ON NORMAL EXPIRATION OF TOUR OF DUTY TO WHICH ORDERED/?

B. WHEN AN OFFICER IS ORDERED TO ACTIVE DUTY FOR AN INDEFINITE PERIOD, BUT SERVES ONLY 85 DAYS, DOES THE TWO-YEAR PERIOD BEGIN ON THE 86TH DAY OR THE 91ST DAY? THE DUTY COMPLETED BY THE OFFICER IN QUESTION 8A MUST BE TREATED--- INSOFAR AS THE BARRING OF THE PAYMENT OF AN ALLOWANCE WITHIN THE NEXT TWO YEARS IS CONCERNED--- AS IF IT HAS EXCEEDED 90 DAYS. HOWEVER, IN MEASURING THE TIME WHICH MUST ELAPSE BEFORE A SUBSEQUENT PAYMENT MAY BE MADE, THE ACTUAL DATE OF COMPLETION MUST BE USED JUST AS IN THE CASE OF DUTY ACTUALLY IN EXCESS OF 90 DAYS. TIME IN THE PRESENT INSTANCE WOULD BEGIN TO RUN ON THE 81ST DAY.

IN QUESTION 8B THE OFFICER WAS NOT ORDERED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS AND DID NOT PERFORM DUTY IN EXCESS OF 90 DAYS. THE SECOND PROVISO OF SUBSECTION 243 (C) IS NOT APPLICABLE. THE COMPLEXITY OF THIS LEGISLATION HAS RAISED MANY VEXATIOUS QUESTIONS, AS SHOWN BY THIS AND PRIOR DECISIONS. IT IS NOTED THAT THE PRESENT REQUEST FOR DECISION, LIKE OTHER REQUESTS IN THE PAST, HAS BEEN PREPARED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE IN THE PROGRAM TO GIVE THE LAW UNIFORM APPLICATION THROUGHOUT THE SEVERAL SERVICES. SUCH ACTION HAS BEEN DESIRABLE AND EFFECTIVE AND HAS BEEN ESPECIALLY HELPFUL IN RESOLVING THE MANY QUESTIONS ARISING UNDER THE STATUTORY PROVISIONS HERE INVOLVED.