B-14356, JANUARY 25, 1941, 20 COMP. GEN. 409

B-14356: Jan 25, 1941

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OF EACH OF THEIR FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IS PAYABLE FOR A PERIOD OF TWENTY EIGHT DAYS' TRAINING DUTY EVEN THOUGH THE INVOLVED OFFICER WAS ORDERED. TRANSMITTING FOR DECISION WHETHER PAYMENT IS AUTHORIZED. DURING WHICH PERIODS THE UNIFORM IS REQUIRED TO BE WORN. WAS. ON THAT DATE WAS DIRECTED TO PROCEED WITHOUT DELAY FROM HIS HOME. HE WAS ORDERED WITH HIS CONSENT TO ACTIVE DUTY WITH THE REGULAR ARMY FOR A PERIOD OF 1 YEAR. YOU QUESTION WHETHER THE UNIFORM AND EQUIPMENT ALLOWANCE IS PAYABLE FOR THE PERIOD OF HIS TRAINING DUTY JUNE 3 TO 30. BECAUSE HE WAS ORDERED TO EXTENDED ACTIVE DUTY FOR A YEAR EFFECTIVE JULY 1. IT IS CERTIFIED AS TO THIS LATTER PERIOD THAT HE COMPLETED THE FULL PERIOD OF ACTIVE DUTY TRAINING AND THAT HE WAS REQUIRED TO WEAR THE UNIFORM DURING THAT PERIOD.

B-14356, JANUARY 25, 1941, 20 COMP. GEN. 409

CLOTHING - UNIFORMS - ALLOWANCES - ARMY RESERVISTS THE UNIFORMS AND EQUIPMENT ALLOWANCE PROVIDED BY THE ACT OF MAY 14, 1940, FOR MEMBERS OF THE OFFICERS' RESERVE CORPS UPON COMPLETION, IN SEPARATE FISCAL YEARS, OF EACH OF THEIR FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IS PAYABLE FOR A PERIOD OF TWENTY EIGHT DAYS' TRAINING DUTY EVEN THOUGH THE INVOLVED OFFICER WAS ORDERED, BY SEPARATE ORDERS, TO EXTENDED ACTIVE DUTY FOR A YEAR IMMEDIATELY FOLLOWING SUCH TRAINING DUTY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. N. H. COBBS, UNITED STATES ARMY, JANUARY 25, 1941:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF DECEMBER 20, 1940, TRANSMITTING FOR DECISION WHETHER PAYMENT IS AUTHORIZED, A VOUCHER STATED FOR $50 IN FAVOR OF GEORGE PAUL MONTGOMERY, SECOND LIEUTENANT, QUARTERMASTER RESERVE, REPRESENTING UNIFORM AND EQUIPMENT ALLOWANCE UNDER THE ACT OF MAY 14, 1940.

THE ACT OF MAY 14, 1940, 54 STAT. 212, PROVIDES AS FOLLOWS:

THAT OFFICERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY SHALL BE ENTITLED TO AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT OF $50 PER ANNUM UPON COMPLETION, IN SEPARATE FISCAL YEARS, OF EACH OF THEIR FIRST THREE PERIODS OF ACTIVE-DUTY TRAINING OF THREE MONTHS OR LESS, FOLLOWING THEIR ORIGINAL APPOINTMENT, DURING WHICH PERIODS THE UNIFORM IS REQUIRED TO BE WORN.

BY PARAGRAPH 34 OF WAR DEPARTMENT SPECIAL ORDERS NO. 129, DATED JUNE 1, 1940, SECOND LT. GEORGE PAUL MONTGOMERY, QUARTERMASTER RESERVE, WAS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY EFFECTIVE JUNE 3, 1940, AND ON THAT DATE WAS DIRECTED TO PROCEED WITHOUT DELAY FROM HIS HOME, 2127 EAST PRATT STREET, BALTIMORE, MD., TO HOLABIRD QUARTERMASTER DEPOT, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER THEREAT FOR TRAINING, AND TO BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME ON JUNE 30, 1940, ON WHICH DATE HE WOULD REVERT TO AN INACTIVE STATUS.

BY PARAGRAPH 3 OF SPECIAL ORDERS NO. 158, DATED HEADQUARTERS, THIRD CORPS AREA, BALTIMORE, MD., JUNE 29, 1940, HE WAS ORDERED WITH HIS CONSENT TO ACTIVE DUTY WITH THE REGULAR ARMY FOR A PERIOD OF 1 YEAR, EFFECTIVE JULY 1, 1940. YOU QUESTION WHETHER THE UNIFORM AND EQUIPMENT ALLOWANCE IS PAYABLE FOR THE PERIOD OF HIS TRAINING DUTY JUNE 3 TO 30, 1940, BECAUSE HE WAS ORDERED TO EXTENDED ACTIVE DUTY FOR A YEAR EFFECTIVE JULY 1, 1940, IMMEDIATELY FOLLOWING THE TRAINING DUTY OF JUNE 3 TO 30, 1940. IT IS CERTIFIED AS TO THIS LATTER PERIOD THAT HE COMPLETED THE FULL PERIOD OF ACTIVE DUTY TRAINING AND THAT HE WAS REQUIRED TO WEAR THE UNIFORM DURING THAT PERIOD. THERE IS ALSO ATTACHED TO THE PAPERS A CERTIFICATE OF THE COMMANDING GENERAL, THIRD CORPS AREA, THAT GEORGE P. MONTGOMERY ORIGINALLY ACCEPTED APPOINTMENT IN THE OFFICERS' RESERVE CORPS AS A SECOND LIEUTENANT APRIL 20, 1939, AND SINCE THAT APPOINTMENT HE HAS BEEN ORDERED TO ACTIVE DUTY FOR THE PERIODS MAY 28 TO JUNE 10, 1939; MARCH 1 TO MARCH 14, 1940; AND JUNE 3 TO JUNE 30, 1940.

IT IS A REASONABLE INFERENCE WHERE, FOLLOWING A SHORT PERIOD OF ACTIVE TRAINING DUTY OF 3 MONTHS OR LESS, DISTINCT ORDERS ARE ISSUED TO A RESERVE OFFICER DIRECTING ACTIVE DUTY OF 1 YEAR WITH THE REGULAR ARMY EVEN THOUGH SUCH SUBSEQUENT ACTIVE DUTY IMMEDIATELY FOLLOWS THE ACTIVE TRAINING DUTY AND IS TO BE PERFORMED AT THE SAME PLACE, THAT THE LATTER DUTY IS NOT A CONTINUANCE OR PROLONGATION OF THE ACTIVE TRAINING DUTY, BUT IS SEPARATE AND DISTINCT, ONE HAVING NO CONNECTION WITH THE OTHER. WITHIN THE CONTEMPLATION OF THE ACT OF MAY 14, 1940, SUPRA, SECOND LIEUTENANT MONTGOMERY COMPLETED A PERIOD OF ACTIVE DUTY TRAINING OF LESS THAN 3 MONTHS ON JUNE 30, 1940.