B-123162, AUG. 30, 1955

B-123162: Aug 30, 1955

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BOHAN: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER. YOUR CLAIM WAS ALLOWED BY SETTLEMENT DATED JANUARY 21. A CHECK IN THE AMOUNT OF $100 WAS ISSUED IN PAYMENT. THAT THE SETTLEMENT WAS IN ERROR INASMUCH AS YOUR CLAIM WAS FOR A $200 INITIAL UNIFORM ALLOWANCE UNDER THE ARMED FORCES RESERVE ACT OF 1952. THAT THE CORRECT DATE OF ENTITLEMENT WAS JUNE 20. YOU SAY ALSO THAT YOU WERE APPOINTED A LIEUTENANT (JG) IN THE NAVAL RESERVE ON JULY 24. INDICATE THE BELIEF THAT DUTY REQUIRING THE WEARING OF A UNIFORM IS A CONDITION PRECEDENT TO ENTITLEMENT TO THE CLAIMED ALLOWANCE. THE PAYMENT OF A UNIFORM ALLOWANCE TO OFFICERS OF THE NAVAL RESERVE DURING THE PERIOD OF YOUR COMMISSIONED SERVICE WAS GOVERNED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938.

B-123162, AUG. 30, 1955

TO MR. WALTER A. BOHAN:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER, ACKNOWLEDGED MARCH 7, 1955, CONCERNING THE ACTION TAKEN ON YOUR CLAIM FOR AN INITIAL UNIFORM ALLOWANCE AS AN OFFICER OF THE UNITED STAES NAVAL RESERVE. THERE HAS BEEN RECEIVED, ALSO, YOUR LETTER OF JULY 7, 1955, RELATING TO THE SAME MATTER.

THE CHIEF OF NAVAL PERSONNEL REPORTED THAT YOU COMPLETED FOURTEEN AUTHORIZED DRILLS ON JULY 24, 1951, AND THAT YOU BECAME ENTITLED TO A $100 INITIAL UNIFORM ALLOWANCE ON THAT DATE. YOUR CLAIM WAS ALLOWED BY SETTLEMENT DATED JANUARY 21, 1955, AND ON JANUARY 27, 1955, A CHECK IN THE AMOUNT OF $100 WAS ISSUED IN PAYMENT. YOU RETURNED THE CHECK, SAYING, IN EFFECT, THAT THE SETTLEMENT WAS IN ERROR INASMUCH AS YOUR CLAIM WAS FOR A $200 INITIAL UNIFORM ALLOWANCE UNDER THE ARMED FORCES RESERVE ACT OF 1952, AND THAT THE CORRECT DATE OF ENTITLEMENT WAS JUNE 20, 1953, THE DATE YOU COMPLETED FOURTEEN DAYS' ACTIVE DUTY FOR TRAINING. YOU SAY ALSO THAT YOU WERE APPOINTED A LIEUTENANT (JG) IN THE NAVAL RESERVE ON JULY 24, 1950, AND INDICATE THE BELIEF THAT DUTY REQUIRING THE WEARING OF A UNIFORM IS A CONDITION PRECEDENT TO ENTITLEMENT TO THE CLAIMED ALLOWANCE.

THE PAYMENT OF A UNIFORM ALLOWANCE TO OFFICERS OF THE NAVAL RESERVE DURING THE PERIOD OF YOUR COMMISSIONED SERVICE WAS GOVERNED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, AND SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492. SECTION 302 OF THE NAVAL RESERVE ACT AUTHORIZES PAYMENT OF A $100 INITIAL UNIFORM ALLOWANCE TO COMMISSIONED OR WARRANT OFFICERS UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY * * * AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN," OR "AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS.' SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, EFFECTIVE JANUARY 1, 1953, PROVIDES THAT AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN INITIAL UNIFORM ALLOWANCE OF $200 "UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD OF NINETY DAYS," OR "UPON COMPLETION, AS A MEMBER OF A RESERVE COMPONENT, OF NOT LESS THAN FOURTEEN DAYS ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING," OR ,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," AND THAT ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSES OF THE SECTION. THAT SECTION ALSO PROVIDES THAT ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE THERETOFORE OR THEREAFTER RECEIVED AS AN OFFICER UNDER THE PROVISIONS OF ANY OTHER LAW SHALL BE A BAR TO THE ENTITLEMENT FOR AN INITIAL SUM AUTHORIZED UNDER THE SECTION.

SECTION 243 (B) OF THE 1952 ACT AUTHORIZES SUBSEQUENT PAYMENTS OF $50 UPON THE COMPLETION OF EACH PERIOD OF FOUR YEARS' SATISFACTORY FEDERAL SERVICE, BUT PROVIDES THAT PRIOR TO JULY 9, 1956, AN OFFICER OF THE NAVAL RESERVE MAY ELECT TO RECEIVE THE $50 UNIFORM MAINTENANCE ALLOWANCE AUTHORIZED BY THE NAVAL RESERVE ACT OF 1938, IN LIEU OF THE $50 ALLOWANCE AUTHORIZED BY THE 1952 ACT. NO ELECTION RESPECTING PAYMENT OF AN INITIAL UNIFORM ALLOWANCE IS PROVIDED.

YOU FIRST COMPLETED FOURTEEN AUTHORIZED DRILLS ON JULY 24, 1951. THE DRILLS WERE AUTHORIZED BY COMPETENT AUTHORITY AND SINCE, UNDER THE NAVAL RESERVE ACT OF 1938, ENTITLEMENT VESTED WITHOUT OTHER CONDITION "AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS," YOUR ENTITLEMENT TO THE $100 INITIAL UNIFORM ALLOWANCE WAS ESTABLISHED ON JULY 24, 1951. YOU ARE NOT ENTITLED TO THE $200 INITIAL UNIFORM ALLOWANCE UNDER THE ARMED FORCES RESERVE ACT OF 1952,INASMUCH AS YOU BECAME ENTITLED, PRIOR TO JANUARY 1, 1953, TO THE $100 INITIAL UNIFORM ALLOWANCE UNDER THE NAVAL RESERVE ACT OF 1938.

THE SETTLEMENT OF JANUARY 21, 1955, WAS CORRECT, AND IS SUSTAINED. THE CHECK RETURNED WITH YOUR LETTER IS ENCLOSED.