B-118498, FEBRUARY 18, 1954, 33 COMP. GEN. 366

B-118498: Feb 18, 1954

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1954: REFERENCE IS MADE TO A LETTER DATED JANUARY 27. THE QUESTION PRESENTED FOR DECISION IS AS FOLLOWS: MAY A RESERVE OFFICER WHO COMPLETES A PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE WHICH COMMENCED PRIOR TO THE DATE OF LAST ENTITLEMENT TO A UNIFORM REIMBURSEMENT OR ALLOWANCE BE PAID A $50 UNIFORM MAINTENANCE ALLOWANCE PROVIDED FOR BY SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 ON DATE OF EXPIRATION OF FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST UNIFORM REIMBURSEMENT OR ALLOWANCE.

B-118498, FEBRUARY 18, 1954, 33 COMP. GEN. 366

UNIFORM ALLOWANCES - RESERVE OFFICERS FOUR YEARS SATISFACTORY FEDERAL SERVICE - ARMED FORCES RESERVE ACT OF 1952 A RESERVE OFFICER WHO COMPLETES A PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE WHICH COMMENCED PRIOR TO THE DATE OF LAST ENTITLEMENT TO UNIFORM ALLOWANCE MAY BE PAID THE $50 UNIFORM MAINTENANCE ALLOWANCE PROVIDED FOR BY SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 ON DATE OF EXPIRATION OF FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST ALLOWANCE, AND PAYMENT NEED NOT BE WITHHELD UNTIL THE COMPLETION OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE EARNED SUBSEQUENT TO THE DATE OF LAST ENTITLEMENT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, FEBRUARY 18, 1954:

REFERENCE IS MADE TO A LETTER DATED JANUARY 27, 1954, FROM THE ASSISTANT SECRETARY OF DEFENSE, REQUESTING DECISION AS TO THE PROPER INTERPRETATION OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 19, 1952, 66 STAT. 492, WITH REGARD TO PAYMENT OF THE $50 UNIFORM MAINTENANCE ALLOWANCE, THE FACTS AND CIRCUMSTANCES PERTAINING TO THE QUESTION PRESENTED BEING SET FORTH IN COMMITTEE ACTION NUMBER 85 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, TRANSMITTED WITH YOUR LETTER.

THE QUESTION PRESENTED FOR DECISION IS AS FOLLOWS:

MAY A RESERVE OFFICER WHO COMPLETES A PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE WHICH COMMENCED PRIOR TO THE DATE OF LAST ENTITLEMENT TO A UNIFORM REIMBURSEMENT OR ALLOWANCE BE PAID A $50 UNIFORM MAINTENANCE ALLOWANCE PROVIDED FOR BY SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 ON DATE OF EXPIRATION OF FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST UNIFORM REIMBURSEMENT OR ALLOWANCE, OR MUST PAYMENT BE WITHHELD UNTIL THE COMPLETION OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE EARNED SUBSEQUENT TO THE DATE OF LAST ENTITLEMENT.

SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(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 * * * . PROVIDED FURTHER, THAT A PERSON WHO RECEIVES OR HAS HERETOFORE RECEIVED A UNIFORM 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 * * * .

IN THE EXAMPLE STATED IN THE ENCLOSURE TO THE LETTER OF JANUARY 27 THE OFFICER WOULD COMPLETE FOUR YEARS OF SATISFACTORY FEDERAL SERVICE ON JULY 1, 1957, AND THUS MEET THE REQUIREMENTS FOR PAYMENT OF THE $50 UNIFORM MAINTENANCE ALLOWANCE, SUBJECT, HOWEVER, TO THE CONDITIONS PRESCRIBED IN THE QUOTED PROVISO ABOVE THAT A PERSON WHO RECEIVES OR HAS HERETOFORE RECEIVED A UNIFORM ALLOWANCE AS AN OFFICER SHALL NOT BE ENTITLED TO THE REIMBURSEMENT PROVIDED BY THE SUBSECTION UNTIL THE EXPIRATION OF NOT LESS THAN FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE. SINCE THE OFFICER BECAME ENTITLED ON OCTOBER 10, 1953, TO AN INITIAL SUM OF $200, PAYMENT OF THE $50 UNIFORM MAINTENANCE ALLOWANCE MAY BE MADE ON OCTOBER 10, 1957, THAT BEING THE DAY FOLLOWING THE EXPIRATION DATE OF THE FOUR YEARS "FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE" REQUIRED BY THE STATUTE TO ELAPSE BEFORE ENTITLEMENT TO THE UNIFORM MAINTENANCE ALLOWANCE VESTS.