B-119223, APRIL 12, 1954, 33 COMP. GEN. 449

B-119223, APRIL 12, 1954, 33 COMP. GEN. 449

UNIFORM ALLOWANCE - ENLISTED RESERVISTS APPOINTED AS OFFICERS MEMBER OF UNIFORMED SERVICES WHO WAS INDUCTED INTO ARMY OF UNITED STATES AS PRIVATE AND DISCHARGED ONE DAY EARLIER THAN WAS NECESSARY SOLELY FOR PURPOSE OF REPORTING FOR ACTIVE DUTY AS AN OFFICER PURSUANT TO ORDERS MAY NOT BE CONSIDERED, BECAUSE OF BREAK IN ACTIVE DUTY OF ONLY ONE DAY, AS HAVING REPORTED FOR ACTIVE DUTY FROM A CIVILIAN STATUS RATHER THAN FROM AN ENLISTED STATUS WITHIN CONTEMPLATION OF THE ARMED FORCES RESERVE ACT OF 1952 AND IMPLEMENTING REGULATIONS SO AS TO BE ENTITLED TO UNIFORM ALLOWANCE AS FOR AN OFFICER WHO ENTERS ACTIVE DUTY FROM CIVILIAN LIFE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL FRED R. HUSTON, DEPARTMENT OF THE ARMY, APRIL 12, 1954:

BY SECOND ENDORSEMENT DATED MARCH 10, 1954, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE YOUR LETTER OF FEBRUARY 9, 1954, SUBMITTING FOR ADVANCE DECISION A MILITARY PAY ORDER COVERING THE CLAIM OF JOHN F. JOYCE, SECOND LIEUTENANT, USAR MISC; SERVICE NO. XXX-XX-XXXX, FOR $100 AS THE DIFFERENCE BETWEEN THE INITIAL UNIFORM ALLOWANCE IN THE AMOUNT OF $100 AS FOR AN OFFICER WHO ENTERS ACTIVE DUTY FROM AN ENLISTED STATUS, WHICH CLAIMANT HAS RECEIVED, AND $200 AS FOR AN OFFICER WHO ENTERS ON ACTIVE DUTY FROM CIVIL LIFE.

THE RECORD SHOWS THAT BY PARAGRAPH 19 OF SPECIAL ORDERS NO. 205, DATED OCTOBER 19, 1953, THE SECRETARY OF THE ARMY ORDERED LIEUTENANT JOHN F. JOYCE TO ACTIVE DUTY EFFECTIVE NOVEMBER 12, 1953; THAT ON OCTOBER 21, 1953, THE CLAIMANT WAS INDUCTED INTO THE ARMY OF THE UNITED STATES AS A PRIVATE, SERVICE NUMBER US-52262927, AND ASSIGNED TO 2043D ASU RC FORT GEORGE G. MEADE, MARYLAND; THAT BY PARAGRAPH 19, SPECIAL ORDERS NO. 210, DATED OCTOBER 26, 1953, THE SECRETARY OF THE ARMY AGAIN ORDERED THE CLAIMANT TO ACTIVE DUTY AS SECOND LIEUTENANT MSC, USAR, EFFECTIVE NOVEMBER 12, 1953, AND DIRECTED: " DISCHARGE FR ENL STATUS WILL BE ACCOMPLISHED BY INDIVIDUAL CO ON THE DAY PRIOR TO EDCSA. SO MUCH MUCH OF PAR 19 DASO 205 DTD 19 OCT 53 AS PERTAINS TO THIS OFF IS REVOKED; , AND THAT PARAGRAPH 46, SPECIAL ORDERS NO. 263, DATED NOVEMBER 9, 1953, HEADQUARTERS 2053D ASU PERSONNEL CENTER, FORT GEORGE G. MEADE, MARYLAND, PROVIDED THAT CLAIMANT SHOULD BE RELEASED FROM ACTIVE DUTY AS A PRIVATE AND DISCHARGED FROM THE U.S. ARMY ON NOVEMBER 10, 1953, UNDER THE PROVISIONS OF AR 615-365 AND PARAGRAPH 19, SPECIAL ORDERS NO. 210, REFERRED TO ABOVE. IT APPEARS THAT THE CLAIMANT REPORTED FOR ACTIVE DUTY PURSUANT TO SPECIAL ORDERS NO. 210.

PERTINENT PROVISIONS OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 481, 492, ARE AS FOLLOWS:

SEC. 243 (A) 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 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; * * *.

ARMY REGULATION 35-1710, DATED MARCH 13, 1953, PROVIDES IN PART AS FOLLOWS:

3. INITIAL UNIFORM ALLOWANCE.--- A. WHEN PAYABLE.---

EXCEPT AS PROVIDED IN PARAGRAPH C BELOW, THE INITIAL UNIFORM AND EQUIPMENT ALLOWANCE IN THE AMOUNTS SPECIFIED IN B BELOW, SHALL BECOME PAYABLE TO AN OFFICER OF A RESERVE COMPONENT OF THE ARMY OR THE ARMY OF THE UNITED STATES WITHOUT COMPONENT UNDER ONE OF THE FOLLOWING CONDITIONS:

(1) UPON FIRST REPORTING AFTER 31 DECEMBER 1952 FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS;

B. AMOUNTS PAYABLE.--- THE INITIAL UNIFORM ALLOWANCE SHALL BE PAYABLE TO OFFICERS OF THE RESERVE COMPONENTS OF THE ARMY OR OFFICERS OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT IN THE AMOUNTS SHOWN IN THE FOLLOWING TABLE:

CHART SOURCES OF RESERVE OFFICERS INITIAL UNIFORM ALLOWANCE

* * * * * * * DIRECT PROCUREMENT:

CIVIL LIFE ---------------------------------------------------- $200

ACTIVE DUTY ENLISTED STATUS IN THE SAME SERVICE IN OTHER THAN

COMBAT ZONE ---------------------------------------------------- 100

IT IS THE CLAIMANT'S CONTENTION THAT SINCE HE WAS DISCHARGED ON NOVEMBER 10, 1953, AND OCCUPIED A CIVILIAN STATUS THE FOLLOWING DAY, HE REPORTED FOR ACTIVE DUTY AS AN OFFICER FROM CIVIL LIFE AND THAT, THEREFORE, HE IS ENTITLED TO $200 AS THE AUTHORIZED INITIAL UNIFORM ALLOWANCE RATHER THAN THE ALLOWANCE OF $100 RECEIVED BY HIM AS FOR AN OFFICER REPORTING FOR DUTY FROM AN ENLISTED STATUS. ALSO, HE CONTENDS THAT HE IS ENTITLED TO THE ALLOWANCE OF $200 ON THE BASIS THAT HE NEVER RECEIVED THE FULL ISSUE OF CLOTHING AUTHORIZED FOR ENLISTED MEN AND WAS, THEREFORE, COMPELLED TO PURCHASE ITEMS OF ARMY CLOTHING IN ORDER TO DRESS PROPERLY DURING THE PERIOD OF HIS SERVICE AS AN ENLISTED MAN.

CLAIMANT WAS DISCHARGED AS AN ENLISTED MAN SOLELY FOR THE PURPOSE REFLECTED IN SPECIAL ORDERS NO. 210, THAT IS, TO REPORT FOR ACTIVE DUTY AS AN OFFICER PURSUANT TO THE SAID ORDERS. WHILE THE DISCHARGE WAS EFFECTED ONE DAY EARLIER THAN WAS NECESSARY IN ORDER FOR HIM TO ENTER ON ACTIVE DUTY AS AN OFFICER ON NOVEMBER 12, 1953, NEVERTHELESS, IT MAY NOT BE CONSIDERED, BECAUSE OF SUCH BREAK IN ACTIVE DUTY OF ONLY ONE DAY, THAT HE REPORTED FOR ACTIVE DUTY FROM A CIVILIAN STATUS RATHER THAN FROM AN ENLISTED STATUS WITHIN THE CONTEMPLATION OF THE ABOVE QUOTED STATUTE AND IMPLEMENTING REGULATIONS. ALSO, WHILE CLAIMANT ALLEGES THAT HE PURCHASED CERTAIN ITEMS OF CLOTHING DURING THE PERIOD OF HIS SERVICE AS AN ENLISTED MAN, SUCH ITEMS ARE NOT LISTED AND THERE IS NO SHOWING THAT HE WAS NOT ISSUED SUBSTANTIALLY THE FULL AMOUNT OF CLOTHING AUTHORIZED UNDER THE CIRCUMSTANCES. HENCE, THE FACT THAT HE MAY HAVE PURCHASED CERTAIN ITEMS CONSTITUTES NO BASIS FOR ALLOWING HIM THE ADDITIONAL UNIFORM ALLOWANCE AUTHORIZED FOR AN OFFICER WHO REPORTS FOR DUTY FROM A CIVILIAN STATUS.

ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT ON THE MILITARY PAY ORDER, WHICH IS RETAINED IN THIS OFFICE.