B-129459, NOV. 29, 1956

B-129459, NOV. 29, 1956

TO MR. GEORGE F. WEISS:

FURTHER REFERENCE IS MADE TO LETTER DATED MAY 21, 1956, FROM MR. HOWARD O. CULPEPPER CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF ERRONEOUS PAYMENT OF A CLOTHING ALLOWANCE IN THE AMOUNT OF $105 INCIDENT TO YOUR ENLISTMENT IN THE UNITED STATES COAST GUARD RESERVE ON JANUARY 4, 1952.

IT APPEARS FROM THE RECORDS THAT YOU WERE HONORABLY DISCHARGED FROM THE NAVY (THE PRESENT RECORD DOES NOT SHOW THE ACTUAL DATE OF DISCHARGE) AS A PERMANENT CHIEF PETTY OFFICER. THE RECORDS FURTHER SHOW THAT ON JANUARY 4, 1952, YOU ENLISTED IN THE UNITED STATES COAST GUARD RESERVE AS A CHIEF PETTY OFFICER AND THAT ON JANUARY 9, 1952, WHEN YOU WERE ASSIGNED TO AN ORGANIZED RESERVE UNIT OF THE COAST GUARD, YOU WERE CREDITED WITH A SPECIAL INITIAL CLOTHING MONETARY ALLOWANCE IN THE AMOUNT OF $150.

UNDER THE PROVISIONS OF AMENDMENT 157, EFFECTIVE MAY 16, 1951, THE "ADDITIONAL" CASH CLOTHING ALLOWANCE OF $150 AUTHORIZED FOR CHIEF PETTY OFFICERS OF THE COAST GUARD RESERVE BY ARTICLE 242D3 (B), COAST GUARD PAY AND SUPPLY INSTRUCTIONS, WAS DISCONTINUED. SINCE YOU ENLISTED IN THE UNITED STATES COAST GUARD RESERVE SUBSEQUENT TO MAY 16, 1951, YOU WERE NOT ENTITLED TO AN "ADDITIONAL" CASH CLOTHING ALLOWANCE. ON THE ASSUMPTION THAT THE CASH CLOTHING ALLOWANCE PAID TO YOU ON JANUARY 9, 1952, REPRESENTED SUCH "ADDITIONAL"ALLOWANCE, OUR DIVISION OF AUDITS TOOK AN EXCEPTION TO THAT PAYMENT. SINCE IT APPEARS FROM THE RECORDS THAT ON JANUARY 9, 1952, YOU WERE CREDITED WITH A SPECIAL "INITIAL" CLOTHING MONETARY ALLOWANCE IN THE AMOUNT OF $150, THERE IS FOR CONSIDERATION THE PROVISIONS OF ARTICLE 242D3 (A), COAST GUARD PAY AND SUPPLY INSTRUCTIONS, AMENDMENT 160 (DATED OCTOBER 1951). THAT ARTICLE PROVIDED THAT ENLISTED MEN OF THE COAST GUARD RESERVE, ASSIGNED TO OR ASSOCIATED WITH THE ORGANIZED COAST GUARD RESERVE, IN A PAY STATUS, UPON FIRST PROMOTION TO CHIEF PETTY OFFICER AFTER JULY 1, 1950, AND ENLISTED MEN SERVING IN PAY GRADE E-7 WHO CERTIFIED THAT THEY HAD NOT PREVIOUSLY BEEN PAID A CASH CLOTHING ALLOWANCE FOR AN INITIAL OUTFIT OF CHIEF PETTY OFFICER'S CLOTHING WOULD BE ENTITLED TO A SPECIAL CLOTHING MONETARY ALLOWANCE OF $150 FOR THE PURCHASE OF AN "INITIAL" OUTFIT OF CHIEF PETTY OFFICER'S CLOTHING. AMENDMENT 167, EFFECTIVE MAY 26, 1952, THE CERTIFICATE REQUIREMENT WAS EXTENDED AND SPECIFICALLY MADE APPLICABLE TO A CASH CLOTHING ALLOWANCE FOR AN INITIAL OUTFIT OF CHIEF PETTY OFFICER'S CLOTHING PREVIOUSLY PAID DURING ANY ENLISTMENT, CURRENT OR PAST, IN THE U.S. COAST GUARD, U.S. COAST GUARD RESERVE, U.S. NAVY, OR U.S. NAVY RESERVE.

IT REASONABLY MAY BE ASSUMED THAT YOU RECEIVED SOME TYPE OF AN ALLOWANCE FROM THE NAVY TO PURCHASE CHIEF PETTY OFFICER'S UNIFORMS OR THAT YOU RECEIVED AN ISSUE IN KIND, AND THE PRESENT RECORD DOES NOT CONTAIN A CERTIFICATE, AS REQUIRED BY THE REGULATIONS, THAT YOU HAD NOT PREVIOUSLY BEEN PAID A CASH CLOTHING ALLOWANCE FOR AN "INITIAL" OUTFIT OF CHIEF PETTY OFFICER'S CLOTHING. IN VIEW OF THE FACT, HOWEVER, THAT REGULATIONS IN EFFECT ON JANUARY 9, 1952, DID NOT SPECIFICALLY BAR PAYMENT OF THE SPECIAL INITIAL CHIEF PETTY OFFICER'S CLOTHING ALLOWANCE TO MEMBERS OF THE COAST GUARD RESERVE WHO HAD PREVIOUSLY BEEN PAID SUCH AN ALLOWANCE INCIDENT TO AN ENLISTMENT IN THE NAVY, THE PAYMENT TO YOU ON THAT DATE WILL NOT BE FURTHER QUESTIONED.