B-123779, NOVEMBER 2, 1955, 35 COMP. GEN. 259

B-123779: Nov 2, 1955

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UNIFORMS - OFFICERS - INITIAL ALLOWANCE - ENLISTED MEN OF REGULAR SERVICE ON INACTIVE DUTY IN THE RESERVES A REGULAR AIR FORCE ENLISTED MAN WHO IS REQUIRED TO WEAR A UNIFORM WHILE PERFORMING INACTIVE DUTY TRAINING AS A WARRANT OFFICER IN THE AIR FORCE RESERVE IS ENTITLED TO THE INITIAL UNIFORM ALLOWANCE PRESCRIBED UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952. 1955: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. THE ALLOWANCE IS CLAIMED ON THE BASIS OF THE PERFORMANCE OF 14 PERIODS. IT APPEARS THAT DURING THAT PERIOD WARRANT OFFICER WEGER WAS ALSO AN ENLISTED MAN IN THE REGULAR AIR FORCE. THE VOUCHER IN THE PRESENT CASE INDICATES THAT WARRANT OFFICER WEGER IS CLAIMING A $100 ALLOWANCE UNDER THAT PROVISION OF THE REGULATIONS.

B-123779, NOVEMBER 2, 1955, 35 COMP. GEN. 259

UNIFORMS - OFFICERS - INITIAL ALLOWANCE - ENLISTED MEN OF REGULAR SERVICE ON INACTIVE DUTY IN THE RESERVES A REGULAR AIR FORCE ENLISTED MAN WHO IS REQUIRED TO WEAR A UNIFORM WHILE PERFORMING INACTIVE DUTY TRAINING AS A WARRANT OFFICER IN THE AIR FORCE RESERVE IS ENTITLED TO THE INITIAL UNIFORM ALLOWANCE PRESCRIBED UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952.

TO CAPTAIN H. D. SIMPSON, JR., UNITED STATES AIR FORCE, NOVEMBER 2, 1955:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20, 1955, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, ENCLOSED WITH YOUR LETTER, STATED IN FAVOR OF WARRANT OFFICER (JG) ALFRED L. WEGER, USAFR, FOR A $100 INITIAL UNIFORM ALLOWANCE UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492, 50 U.S.C. 974.

THE ALLOWANCE IS CLAIMED ON THE BASIS OF THE PERFORMANCE OF 14 PERIODS, OF NOT LESS THAN TWO HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER OF THE READY RESERVE OF THE AIR FORCE RESERVE DURING THE PERIOD FEBRUARY 21 TO JUNE 17, 1954. IT APPEARS THAT DURING THAT PERIOD WARRANT OFFICER WEGER WAS ALSO AN ENLISTED MAN IN THE REGULAR AIR FORCE.

SECTION 243 (A), CITED ABOVE, AUTHORIZES THE PAYMENT OF AN INITIAL UNIFORM ALLOWANCE, NOT TO EXCEED $200, TO AN OFFICER OF A RESERVE COMPONENT AFTER THE PERFORMANCE OF 14 PERIODS, OF NOT LESS THAN TWO HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER OF THE READY RESERVE OF SUCH RESERVE COMPONENT. THE SECTION ALSO PROVIDES THAT "ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSE OF THIS SECTION.'

SECTION 101 (G) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 482, 50 U.S.C. 901, DEFINES THE TERM "OFFICER," WHEN USED IN THAT ACT, AS INCLUDING A WARRANT OFFICER. SECTION 251 OF THE ACT, 66 STAT. 495, 50 U.S.C. 1001, AUTHORIZES THE ISSUANCE BY THE SECRETARY OF THE AIR FORCE OF SUCH REGULATIONS AS HE DETERMINES NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT.

THE SECRETARY OF THE AIR FORCE, IN PARAGRAPH 90244, AIR FORCE MANUAL 173- 20, MAY 15, 1953 ( REVISED), PRESCRIBED AN INITIAL UNIFORM ALLOWANCE OF $100 TO RESERVE OFFICERS PROCURED FROM " ACTIVE DUTY ENLISTED STATUS IN SAME SERVICE IN OTHER THAN COMBAT ZONE.' THE VOUCHER IN THE PRESENT CASE INDICATES THAT WARRANT OFFICER WEGER IS CLAIMING A $100 ALLOWANCE UNDER THAT PROVISION OF THE REGULATIONS.

WHILE SECTION 229 OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 488, 50 U.S.C. 941, CONTAINS A PROHIBITION AGAINST DUAL MEMBERSHIP IN RESERVE COMPONENTS, THERE APPEARS TO BE NO EXPRESS PROVISION IN THE STATUTE BARRING CONCURRENT MEMBERSHIP IN THE REGULAR AIR FORCE AND THE AIR FORCE RESERVE. SECTION 217 (A) OF THE ACT, 66 STAT. 486, 50 U.S.C. 941, AUTHORIZES THE APPROPRIATE SECRETARY TO PRESCRIBE PHYSICAL, MENTAL, MORAL, PROFESSIONAL, AND AGE REQUIREMENTS FOR APPOINTMENT OR ENLISTMENT OF RESERVE MEMBERS. WE HAVE NOT FOUND ANY DIRECTIVE OF THE SECRETARY OF THE AIR FORCE AND AS A RESERVE WARRANT OFFICER. HOWEVER, LATER DIRECTIVES CLEARLY INDICATE THAT SUCH DUAL MEMBERSHIP IS AUTHORIZED. SEE, FOR EXAMPLE, PARAGRAPH 10C, AIR FORCE REGULATION 45 5, APRIL 21, 1955, PROVIDING THAT AIR FORCE RESERVE WARRANT OFFICERS SERVING ON ACTIVE DUTY AS AIRMEN MAY PARTICIPATE IN A NONPAY STATUS AS RESERVE WARRANT OFFICERS IN ACTIVITIES OF AIR RESERVE UNITS. SEE, ALSO, PARAGRAPH 4H, AIR FORCE REGULATION 45-19, APRIL 27, 1955, DEFINING " DUAL STATUS RESERVISTS" AS INCLUDING AIR FORCE RESERVE WARRANT OFFICERS SERVING ON ACTIVE DUTY AS AIRMEN. COMPARE PARAGRAPH 64B (1), AIR FORCE MANUAL 39-9, MAY 15, 1955 ( REVISED), PROVIDING THAT A VOLUNTEER FOR ENLISTMENT IN THE REGULAR AIR FORCE WHO IS AN ENLISTED OR COMMISSIONED MEMBER OF THE AIR FORCE RESERVE, NOT IN AN ACTIVE MILITARY SERVICE STATUS, MAY BE ENLISTED WITHOUT OBTAINING PRIOR DISCHARGE OR CLEARANCE FROM HIS RESERVE ORGANIZATION. DO NOT PERCEIVE ANY BAR TO SUCH DUAL MEMBERSHIP. COMPARE, GENERALLY, 32 COMP. GEN. 548.

IT WAS STATED IN 5 COMP. GEN. 408, AT PAGE 410, THAT--- " IN THE ABSENCE OF A STATUTE SPECIFICALLY SO PROVIDING, AN ENLISTED MAN ON THE ACTIVE LIST OF THE REGULAR ARMY CAN HAVE NO RIGHT TO PAY OR ALLOWANCES FROM FEDERAL FUNDS IN ANY OTHER MILITARY OFFICE.' THAT RATHER BROAD LANGUAGE WAS USED IN DISCUSSING A CASE WHERE IT WAS HELD THAT THE STATUS OF A RETIRED ENLISTED MAN OF THE REGULAR ARMY, ON ACTIVE DUTY AS SUCH, WAS INCOMPATIBLE WITH THE STATUS OF AN OFFICER OF THE NATIONAL GUARD ATTENDING AN ENCAMPMENT. THAT STATEMENT IS NOT FOR APPLICATION TO BAR THE PAYMENT HERE INVOLVED, SINCE, AS ALREADY INDICATED, THERE IS NO INCOMPATIBILITY BETWEEN MR. WEGER'S STATUS AS AN ENLISTED MAN AND AS A RESERVE OFFICER NOT ON ACTIVE DUTY.

SECTION 505 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 828, 37 U.S.C. 306, AUTHORIZES THE PRESIDENT TO PRESCRIBE THE QUANTITY AND KIND OF CLOTHING WHICH SHALL BE FURNISHED ANNUALLY TO ENLISTED MEN AND TO PRESCRIBE THE AMOUNT OF A CASH ALLOWANCE TO BE PAID TO SUCH MEN IN ANY CASE IN WHICH CLOTHING IS NOT FURNISHED TO THEM. BY EXECUTIVE ORDER NO. 10113, FEBRUARY 24, 1950, THE PRESIDENT DELEGATED SUCH AUTHORITY TO THE SECRETARY OF DEFENSE. DEPARTMENT OF DEFENSE DIRECTIVE NO. 1338.5, JUNE 11, 1953, ISSUED PURSUANT TO SUCH DELEGATED AUTHORITY, CONTAINS NO RESTRICTION AGAINST THE PAYMENT OF ENLISTED CLOTHING ALLOWANCES TO AN INDIVIDUAL ALSO ENTITLED TO A UNIFORM ALLOWANCE TO A RESERVE OFFICER. AND PARAGRAPH 90244, AIR FORCE MANUAL, CITED ABOVE, CONTAINS NO RESTRICTION AGAINST THE PAYMENT OF A UNIFORM ALLOWANCE AS A RESERVE OFFICER WHO IS ALSO AN ENLISTED MAN OF THE REGULAR AIR FORCE AND, AS SUCH, IN RECEIPT OF CLOTHING ALLOWANCE AS AN ENLISTED MAN.

AS STATED ABOVE, SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES THAT "ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSE OF THIS SECTION.' HEADQUARTERS UNITED STATES AIR FORCE HAS ADVISED US THAT DETERMINATION OF WHETHER AN AIRMAN OF THE REGULAR AIR FORCE SHALL BE REQUIRED TO WEAR THE UNIFORM OF AN OFFICER WHILE PERFORMING INACTIVE-DUTY TRAINING AS A RESERVE OFFICER IS THE RESPONSIBILITY OF THE COMMANDER OF THE RESERVE UNIT TO WHICH THE INDIVIDUAL IS ASSIGNED.

THE FILE ON THE PRESENT CASE DOES NOT CONTAIN ANY STATEMENT OF CERTIFICATE BY HIS COMMANDING OFFICER THAT WARRANT OFFICER WEGER WAS REQUIRED TO WEAR THE UNIFORM OF A WARRANT OFFICER WHILE PERFORMING THE INACTIVE-DUTY TRAINING UPON WHICH HIS CLAIM IS BASED. THE MILITARY PAY ORDER FORWARDED WITH YOUR LETTER CONTAINS A CERTIFICATE AS PRESCRIBED IN PARAGRAPH 90245, AIR FORCE MANUAL 173-20, MAY 15, 1953 ( REVISED), SIGNED BY MR. WEGER ON OCTOBER 21, 1954, WHICH INCLUDED THE STATEMENT THAT: " MY PRESENT TOUR OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OR INACTIVE DUTY TRAINING REQUIRES THE WEARING OF THE UNIFORM.'

IF THE ABOVE STATEMENT MEANS THAT MR. WEGER WAS REQUIRED BY HIS COMMANDING OFFICER TO WEAR THE UNIFORM OF A WARRANT OFFICER WHILE PARTICIPATING IN INACTIVE-DUTY TRAINING DURING THE PERIOD FEBRUARY 21 TO JUNE 17, 1954, AND IS FOUND TO BE CORRECT, HE IS ENTITLED TO THE ALLOWANCE CLAIMED. THE VOUCHER AND MILITARY PAY ORDER ARE RETURNED AND PAYMENT ON THE VOUCHER IS AUTHORIZED, IF OTHERWISE CORRECT, PROVIDED IT IS SUPPORTED BY EVIDENCE WHICH ESTABLISHES THAT MR. WEGER WAS REQUIRED TO WEAR THE UNIFORM OF A WARRANT OFFICER DURING THE PERIOD OF INACTIVE DUTY TRAINING HERE INVOLVED.