B-134959, FEB. 26, 1958

B-134959: Feb 26, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. YOU WILL ENTER ON ACDUTRA AT HOME STATION INDICATED ABOVE ON 7 APRIL 1957 AND WILL PROCEED TO FORT BELVOIR. YOU WILL RETURN TO HOME STATION AND REVERT TO INACTIVE DUTY STATUS NO LATER THAN 2400 HOURS ON THE FIFTH DAY FOLLOWING COMPLETION OF COURSE.'. THE ORDER STATED FURTHER THAT THE OFFICER WAS ENTITLED TO ACTIVE DUTY UNIFORM ALLOWANCE. IT IS REPORTED THAT LIEUTENANT DORRIS WAS CALLED TO ACTIVE DUTY ON APRIL 7. THAT HE WAS GRADUATED FROM THE ENGINEER OFFICER BASIC COURSE ON JUNE 27. THAT PAYMENT OF PAY AND ALLOWANCES WAS MADE THROUGH JUNE 30. WAS AMENDED BY ADDING CERTAIN SECTIONS. AS FOLLOWS: "/C) AN OFFICER OF A RESERVE COMPONENT ENTERING ON ACTIVE DUTY IS ENTITLED.

B-134959, FEB. 26, 1958

TO LIEUTENANT COLONEL C. W. FARMUM, FC:

BY FIFTH ENDORSEMENT DATED JANUARY 20, 1958 (FINEM 201 DORRIS, NATHANIEL R. 0-2269281), THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE YOUR FOURTH ENDORSEMENT OF DECEMBER 23, 1957, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, TRANSMITTED THEREWITH, IN FAVOR OF FIRST LIEUTENANT NATHANIEL R. DORRIS, OKLAHOMA NATIONAL GUARD, IN THE AMOUNT OF $100, REPRESENTING ACTIVE DUTY UNIFORM ALLOWANCE ALLEGED TO BE DUE THE CLAIMANT UNDER THE CIRCUMSTANCES HEREINAFTER SET FORTH.

PARAGRAPH 1 OF LETTER ORDER NO. 104, DATED MARCH 11, 1957, ISSUED BY THE OFFICE OF THE ADJUTANT GENERAL, OKLAHOMA NATIONAL GUARD, PROVIDED AS FOLLOWS:

"1. YOU WILL ENTER ON ACDUTRA AT HOME STATION INDICATED ABOVE ON 7 APRIL 1957 AND WILL PROCEED TO FORT BELVOIR, VIRGINIA, REPORTING TO THE COMMANDANT, THE ENGINEER SCHOOL NLT 11 APRIL 1957 FOR DUTY AS STUDENT, ENGINEER OFFICER BASIC COURSE, CLASS 15, CLOSING O/A 5 JULY 1957. UNLESS SOONER RELIEVED BY PROPER AUTHORITY, YOU WILL RETURN TO HOME STATION AND REVERT TO INACTIVE DUTY STATUS NO LATER THAN 2400 HOURS ON THE FIFTH DAY FOLLOWING COMPLETION OF COURSE.'

THE ORDER STATED FURTHER THAT THE OFFICER WAS ENTITLED TO ACTIVE DUTY UNIFORM ALLOWANCE.

IT IS REPORTED THAT LIEUTENANT DORRIS WAS CALLED TO ACTIVE DUTY ON APRIL 7, 1957, THAT HE WAS GRADUATED FROM THE ENGINEER OFFICER BASIC COURSE ON JUNE 27, 1957, AND THAT PAYMENT OF PAY AND ALLOWANCES WAS MADE THROUGH JUNE 30, 1957.

BY THE ACT OF AUGUST 10, 1956, TITLE III OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 251 ET SEQ., WAS AMENDED BY ADDING CERTAIN SECTIONS, AMONG THEM BEING SECTION 305 (C), 70A STAT. 628, PROVIDING, IN PART, AS FOLLOWS:

"/C) AN OFFICER OF A RESERVE COMPONENT ENTERING ON ACTIVE DUTY IS ENTITLED, FOR EACH TIME OF SUCH ENTRY OR REENTRY ON ACTIVE DUTY OF MORE THAN NINETY DAYS' DURATION TO A FURTHER SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR ADDITIONAL UNIFORMS AND EQUIPMENT REQUIRED ON SUCH DUTY:

IT IS A REQUIREMENT OF THE QUOTED SUBSECTION THAT IN ORDER FOR AN OFFICER OF A RESERVE COMPONENT ENTERING ON ACTIVE DUTY TO BE ENTITLED TO THE ADDITIONAL UNIFORM ALLOWANCE OF $100, SUCH ENTRY OR REENTRY ON ACTIVE DUTY MUST BE FOR A PERIOD OF MORE THAN NINETY DAYS. YOU HAVE RAISED THE QUESTION WHETHER THE LETTER ORDER OF MARCH 11, 1957, REQUIRED ACTIVE DUTY OF MORE THAN NINETY DAYS AND IN CONNECTION THEREWITH YOU DIRECT ATTENTION TO THE FACT THAT THE ORDER DOES NOT STATE THAT CLAIMANT WAS RELIEVED FROM ACTIVE DUTY ON JULY 5, 1957, OR ON OR ABOUT JULY 5, 1957, BUT DIRECTED THAT "UNLESS SOONER RELIEVED" THE CLAIMANT WOULD REVERT TO AN INACTIVE DUTY STATUS "NO LATER THAN 2400 HOURS ON THE FIFTH DAY FOLLOWING COMPLETION OF COURSE.' YOU STATE FURTHER THAT THE COURSE OF INSTRUCTION INVOLVED WAS COMPLETED ON JUNE 27, 1957, UNDER A DIRECTIVE DATED FEBRUARY 25, 1957, ISSUED BY THE ENGINEER SCHOOL, STATING THAT THE CLOSING DATE WOULD BE CHANGED TO THAT DATE.

IN ADDITION TO THE ACTIVE DUTY PERIOD FROM APRIL 7 TO ON OR ABOUT JULY 5, 1957, THE ORDERS CONTEMPLATED THAT THE CLAIMANT WOULD REMAIN IN AN ACTIVE DUTY STATUS FOR FIVE ADDITIONAL DAYS, A PERIOD OF MORE THAN 90 DAYS. OUR DECISION OF MAY 11, 1953, B-112407, 32 COMP. GEN. 511, 512, IT WAS HELD, IN EFFECT, THAT IT IS THE DUTY CONTEMPLATED BY THE ORDERS WHICH GIVES RISE TO ENTITLEMENT TO THE $100 ALLOWANCE, NOT THE AMOUNT OF SERVICE RENDERED UNDER SUCH ORDERS. IN VIEW OF THE DIRECTIVE OF FEBRUARY 25, 1957, CHANGING THE CLOSING DATE OF THE COURSE TO JUNE 27, 1957, IT APPEARS THAT THE ORDER OF MARCH 11, 1957, SHOULD HAVE STATED THE EARLIER CLOSING DATE. PRESUMABLY, THAT ACTION WAS NOT TAKEN FOR THE REASON THAT THE ISSUING AGENCY HAD NO KNOWLEDGE OF THE CHANGE IN CLOSING DATE.

IT IS OUR VIEW THAT SINCE THE LETTER ORDER CONTEMPLATED ACTIVE DUTY IN EXCESS OF NINETY DAYS, LIEUTENANT DORRIS IS ENTITLED TO THE ADDITIONAL UNIFORM ALLOWANCE CLAIMED. ACCORDINGLY, THE VOUCHER TRANSMITTED BY YOU IS RETURNED AND PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.