B-123465, AUG. 4, 1955

B-123465: Aug 4, 1955

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LIEUTENANT GRAYSON WAS APPOINTED AN ENSIGN IN THE UNITED STATES NAVAL RESERVE ON OCTOBER 30. HIS CLAIM FOR THAT ALLOWANCE WAS DENIED. BECAUSE IT WAS PASSED BY THE ACT OF JANUARY 19. HIS CLAIM IS NOT BARRED. THE CLAIM IS RETURNED HEREWITH.

B-123465, AUG. 4, 1955

TO LIEUTENANT COMMANDER D. M. CARR, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF MARCH 16, 1955, XA:AU:PG, REQUESTED AN ADVANCE DECISION ON THE CLAIM OF LIEUTENANT (JG) KENNETH B. GRAYSON, USNR, FOR AN INITIAL UNIFORM ALLOWANCE.

LIEUTENANT GRAYSON WAS APPOINTED AN ENSIGN IN THE UNITED STATES NAVAL RESERVE ON OCTOBER 30, 1950. ON FEBRUARY 25, 1951, HE PERFORMED HIS 14TH DRILL AND BECAME ENTITLED TO AN INITIAL UNIFORM ALLOWANCE OF $100 UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180. HIS CLAIM FOR THAT ALLOWANCE WAS DENIED, HOWEVER, BECAUSE IT WAS PASSED BY THE ACT OF JANUARY 19, 1929, 45 STAT. 1090, NOT HAVING BEEN RECEIVED HERE UNTIL JUNE 1, 1954, OR MORE THAN THREE YEARS FOLLOWING THE EXPIRATION OF THE QUARTER IN WHICH ENTITLEMENT ACCRUED. WHILE THAT ACT NOW HAS BEEN REPEALED (PUBLIC LAW 145, 84TH CONGRESS, DATED JULY 12, 1955), SUCH REPEAL WOULD NOT APPEAR TO AFFECT THE STATUS OF CLAIMS PREVIOUSLY BARRED BY THE ACT. SEE WUNDERLICH V. NATIONAL SURETY CORPORATION, 24 F.SUPP. 640.

DURING THE PERIOD JANUARY 6 TO APRIL 14, 1953, THE OFFICER COMPLETED 14 AUTHORIZED DRILLS OR PERIODS OF APPROPRIATE DUTY OF NOT LESS THAN TWO HOURS EACH AND ON DECEMBER 30, 1954, FILED THE PRESENT CLAIM FOR AN INITIAL UNIFORM ALLOWANCE OF $200 UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492, 50 U.S.C. 974. YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE CIRCUMSTANCE THAT HE HAD BEEN ENTITLED TO THE LESSER ALLOWANCE UNDER THE PRIOR LAW.

SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, PROVIDES, THAT AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 FOR THE PURCHASE OF REQUIRED UNIFORMS AFTER THE PERFORMANCE OF 14 PERIODS OF NOT LESS THAN TWO HOURS' DURATION EACH OF INACTIVE-DUTY TRAINING AS A MEMBER OF A RESERVE COMPONENT, PROVIDED 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 THAT SECTION. PARAGRAPH 044145, NAVY COMPTROLLER MANUAL, REQUIRES THAT THE 14 DRILLS BE PERFORMED SUBSEQUENT TO JANUARY 1, 1953.

BY PERFORMING THE REQUISITE NUMBER OF DRILLS SUBSEQUENT TO JANUARY 1, 1953, LIEUTENANT GRAYSON QUALIFIED FOR THE INITIAL UNIFORM ALLOWANCE OF $200 AND, NOT HAVING RECEIVED AN INITIAL UNIFORM ALLOWANCE UNDER THE PROVISIONS OF ANY OTHER LAW, HIS CLAIM IS NOT BARRED. ACCORDINGLY, THE CLAIM IS RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE CORRECT.