B-1671, MARCH 15, 1939, 18 COMP. GEN. 713

B-1671, MARCH 15, 1939, 18 COMP. GEN. 713

NAVAL RESERVE MEMBERS ORDERED TO ACTIVE DUTY UNDER NAVAL RESERVE ACT OF 1938 - NEED FOR SPECIFYING DUTY TO BE PERFORMED, AND APPROPRIATION TO BE CHARGED WITH UNIFORM GRATUITY AN APPROPRIATION ORDINARILY NOT AVAILABLE FOR A PARTICULAR PURPOSE CANNOT BE PRESUMED TO BE AVAILABLE BECAUSE A DEPARTMENT HAS INDICATED THAT THE EXPENSE SHALL BE CHARGED TO THAT APPROPRIATION. ORDERS ISSUED UNDER AUTHORITY OF SECTION 8 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1177, FOR TEMPORARY ACTIVE DUTY OF NAVAL RESERVE MEMBERS FOR THE PURPOSE OF PROSECUTING WORK OF THE TYPE FOR WHICH SCIENTISTS, TECHNICISTS, ETC., ARE EMPLOYED UNDER APPROPRIATIONS OF THE VARIOUS BUREAUS AND OFFICES OF THE NAVY DEPARTMENT, SHOULD EXPRESSLY STATE THAT THE ASSIGNMENT IS FOR PROSECUTING A PARTICULAR WORK, FUNDS FOR WHICH ARE AUTHORIZED UNDER THE DESIGNATED APPROPRIATION. THE UNIFORM GRATUITY AUTHORIZED TO BE PAID COMMISSIONED AND WARRANT OFFICERS OF THE NAVAL RESERVE BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, IS AN ALLOWANCE, AND, APPROPRIATIONS FOR THE VARIOUS BUREAUS AND OFFICES OF THE NAVY DEPARTMENT FOR EMPLOYMENT OF SCIENTISTS, TECHNICISTS, ETC., IN CONNECTION WITH THE WORK OF SUCH BUREAUS AND OFFICES MADE AVAILABLE BY SECTION 8, OF THE SAID ACT, 52 STAT. 1177, FOR THE ACTIVE-DUTY PAY AND ALLOWANCES OF SUCH NAVAL RESERVE MEMBERS WHEN ORDERED TO TEMPORARY ACTIVE DUTY FOR THE PURPOSE OF PROSECUTING SUCH WORK, ARE FOR CHARGING THEREWITH AND NOT THE APPROPRIATION FOR "CLOTHING, NAVAL RESERVE," 52 STAT. 235.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 15, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 17, 1939, REQUESTING DECISION WHICH OF THE APPROPRIATIONS "MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939" OR "CLOTHING AND SMALL STORES FUND," IS PROPERLY CHARGEABLE WITH PAYMENT OF UNIFORM GRATUITY OF $100, THE RIGHT TO WHICH APPARENTLY ACCRUED TO LT. JOSEPH N. WATKINS, CEC-V/S), UNITED STATES NAVAL RESERVE, WHILE IN THE PERFORMANCE OF TEMPORARY ACTIVE DUTY AT THE MARINE BARRACKS, QUANTICO, VA., UNDER ORDERS OF SEPTEMBER 21, 1938, AS FOLLOWS: FROM: THE CHIEF OF THE BUREAU OF NAVIGATION. TO: LIEUT. JOSEPH N. WATKINS, CEC- V/S), U.S.N.R., 530 WILLIAMS STREET,

KEY WEST, FLORIDA. VIA: THE COMMANDANT SEVENTH NAVAL DISTRICT. SUBJECT: AUTHORIZATION FOR TEMPORARY ACTIVE DUTY--- CHARGEABLE TO

"MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939.' REFERENCE: (A) YOUR REQUEST OF 16 SEPTEMBER 1938 WITH FORWARDING

INDORSEMENTS THEREON.

(B) TITLE 1, SECTION 8 OF THE NAVAL RESERVE ACT OF 1938. INCLOSURE:

1. HAVING REQUESTED ACTIVE DUTY, YOU WILL PROCEED AND REPORT TO SUCH MEDICAL OFFICER AS THE COMMANDANT, SEVENTH NAVAL DISTRICT MAY DESIGNATE FOR EXAMINATION TO DETERMINE YOUR PHYSICAL FITNESS FOR SUCH DUTY. IFFOUND NOT PHYSICALLY QUALIFIED, RETURN TO YOUR HOME AND CONSIDER THE REMAINDER OF THIS AUTHORIZATION CANCELLED.

2. IF FOUND PHYSICALLY QUALIFIED, YOU WILL PROCEED TO QUANTICO, VIRGINIA, AS SOON AS PRACTICABLE AND REPORT TO THE COMMANDING GENERAL, MARINE BARRACKS, QUANTICO, VIRGINIA, FOR TEMPORARY ACTIVE DUTY. AT SUCH TIME AS THE COMMANDING GENERAL MAY DIRECT, AND NOT LATER THAN APRIL 30, 1939, YOU WILL REPORT FOR PHYSICAL EXAMINATION AND UPON COMPLETION YOU WILL PROCEED TO YOUR HOME; AND UPON ARRIVAL, REGARD YOURSELF RELEASED FROM ALL ACTIVE DUTY.

3. DURING THE PERIOD OF THIS ACTIVE DUTY AND DURING THE TIME NECESSARY IN TRAVELING (BY THE SHORTEST USUALLY TRAVELED ROUTE) FROM YOUR HOME TO PLACE OF REPORTING, AND FROM PLACE OF DETACHMENT TO YOUR HOME, YOU WILL BE ENTITLED TO THE PAY AND ALLOWANCES OF YOUR RANK, AND MILEAGE, ALL CHARGEABLE TO THE APPROPRIATION,"MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939.'

4. YOUR RECORD INDICATES YOU HAVE HAD PREVIOUS SERVICE COMPUTED IN ACCORDANCE WITH SECTION G OF THE PAY BILL INSTRUCTIONS, TOTALING 2 YEARS, 1 MONTH AND 4 DAYS AS OF SEPTEMBER 21, 1938.

5. A COPY OF THIS AUTHORIZATION, WITH ALL INDORSEMENTS, INCLUDING ALL NOTATIONS AS TO THE AMOUNT OF PAY, ALLOWANCES AND MILEAGE AFTER PAYMENT SHOULD BE FURNISHED THE BUREAU OF NAVIGATION, THE BUREAU OF YARDS AND DOCKS, AND THE COMMANDANT, SEVENTH NAVAL DISTRICT UPON COMPLETION OF THIS DUTY, AT WHICH TIME YOU WILL ALSO MAKE THE NECESSARY ENTRIES ON N.NAV. FORM 443-A (FITNESS REPORT), WHICH FORM WILL BE COMPLETED BY YOUR OFFICIAL SUPERIOR AND FORWARDED TO THE BUREAU OF NAVIGATION WITH COPY FOR THE COMMANDANT, SEVENTH NAVAL DISTRICT.

IT IS STATED IN THE CORRESPONDENCE THAT WHILE ON THIS ACTIVE DUTY LIEUTENANT WATKINS WAS REQUIRED TO BE IN UNIFORM AND THE COMMANDING GENERAL AT THE MARINE BARRACKS, QUANTICO, VA., HAS CERTIFIED THAT LIEUTENANT WATKINS HAS IN HIS POSSESSION THE UNIFORMS REQUIRED BY REGULATIONS.

ALTHOUGH THESE ORDERS REFER TO TITLE 1, SECTION 8, OF THE NAVAL RESERVE ACT OF 1938, AND STATE IN PARAGRAPH 3 THAT PAY, ALLOWANCE, AND MILEAGE ACCRUING BY REASON OF THE DUTY ASSIGNMENT ARE CHARGEABLE TO THE APPROPRIATION "MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939," THE ORDERS DO NOT EXPRESSLY STATE THAT THE PURPOSE OF THE ASSIGNMENT IS TO PROSECUTE PARTICULAR WORK PROVIDED FOR UNDER THAT APPROPRIATION. AN APPROPRIATION ORDINARILY NOT AVAILABLE FOR A PARTICULAR PURPOSE CANNOT BE PRESUMED TO BE AVAILABLE BECAUSE THE DEPARTMENT HAS INDICATED THAT THE EXPENSE SHALL BE CHARGED TO THAT APPROPRIATION. THE FORM OF THESE ORDERS LEAVE IT TO BE ASSUMED THAT BECAUSE THE APPROPRIATION "MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939," IS TO BE CHARGED THE OFFICER WAS PLACED ON ACTIVE DUTY FOR THE PURPOSE OF PROSECUTING WORK OF THAT BUREAU. ORDERS TO SUCH DUTY SHOULD EXPRESSLY STATE THAT THE ASSIGNMENT IS FOR PROSECUTING A PARTICULAR WORK, FUNDS FOR WHICH ARE AUTHORIZED UNDER THE DESIGNATED APPROPRIATION.

FOR THE PURPOSE ONLY OF ANSWERING YOUR QUESTION IT WILL BE ASSUMED IN THIS CASE THAT THE PARTICULAR DUTY INVOLVED IS FOR PROSECUTING WORK WITH FUNDS PROVIDED IN THE CURRENT APPROPRIATION ,MAINTENANCE, BUREAU OF YARDS AND DOCKS" (52 STAT. 237) FOR "PART-TIME OR INTERMITTENT EMPLOYMENT IN THE DISTRICT OF COLUMBIA, OR ELSEWHERE, OF SUCH ENGINEERS AND ARCHITECTS AS MAY BE CONTRACTED FOR BY THE SECRETARY OF THE NAVY IN HIS DISCRETION.'

SECTION 8 OF THE NAVAL RESERVE ACT FOR 1938, 52 STAT. 1177, PROVIDES:

APPROPRIATIONS MADE TO THE VARIOUS BUREAUS AND OFFICES OF THE NAVY DEPARTMENT FOR PART-TIME OR INTERMITTENT EMPLOYMENT OF SCIENTISTS, TECHNICISTS, AND OTHER PERSONNEL IN CONNECTION WITH THE WORK OF SUCH BUREAUS AND OFFICES SHALL BE AVAILABLE FOR THE ACTIVE-DUTY PAY AND ALLOWANCES OF SUCH MEMBERS OF THE NAVAL RESERVE AS, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, MAY BE PLACED ON TEMPORARY ACTIVE DUTY FOR THE PURPOSE OF PROSECUTING SUCH WORK.

SECTION 302 OF THE NAVAL RESERVE ACT, 52 STAT. 1180, PROVIDES IN PART AS FOLLOWS:

IN TIME OF PEACE, UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, AFTER ENACTMENT HEREOF, AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, OR AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS, A COMMISSIONED OR WARRANT OFFICER OF THE NAVAL RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF THE REQUIRED UNIFORMS, AND THEREAFTER HE SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON THE COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE NAVAL RESERVE: * * *

THE CURRENT APPROPRIATION ACT, 52 STAT. 235, PROVIDES UNDER THE CAPTION "CLOTHING, NAVAL RESERVE"---

THE CLOTHING AND SMALL-STORES FUND SHALL BE CHARGED WITH THE VALUE OF ALL ISSUES OF CLOTHING AND SMALL STORES MADE TO AVIATION CADETS AND ENLISTED MEN OF THE NAVAL RESERVE AND THE UNIFORM GRATUITY PAID TO OFFICERS AND AVIATION CADETS OF THE NAVAL RESERVE.

IT WAS HELD IN DECISION A-96818, AUGUST 17, 1938, THAT PROVISION OF SECTION 8 OF THE NAVAL RESERVE ACT IS IN EFFECT A MODIFICATION OR AMENDMENT OF THE APPROPRIATIONS CONCERNED, AND MAKES AVAILABLE THE SPECIAL FUNDS FOR INTERMITTENT EMPLOYMENT OF SCIENTISTS, TECHNICISTS, ETC., IN SUCH BUREAUS FOR PAY AND ALLOWANCES OF OFFICERS OF THE NAVAL RESERVE WHEN EMPLOYED ON ACTIVE DUTY FOR THE PERFORMANCE OF SUCH SPECIAL WORK. THE UNIFORM GRATUITY AUTHORIZED TO BE PAID COMMISSIONED AND WARRANT OFFICERS OF THE NAVAL RESERVE IN SECTION 302 OF THE NAVAL RESERVE ACT IS AN ALLOWANCE. THE STATUTE (SEC. 8 OF THE NAVAL RESERVE ACT) MAKES THE FUNDS PROVIDED IN THE CURRENT APPROPRIATION "MAINTENANCE, BUREAU OF YARDS AND DOCKS" FOR "PART-TIME OR INTERMITTENT EMPLOYMENT * * * OF SUCH ENGINEERS AND ARCHITECTS AS MAY BE CONTRACTED FOR BY THE SECRETARY OF THE NAVY" AVAILABLE FOR "ACTIVE DUTY PAY AND ALLOWANCES" OF OFFICERS OF THE NAVAL RESERVE EMPLOYED IN PROSECUTING SUCH WORK. RIGHT TO THE UNIFORM GRATUITY HAVING ACCRUED TO LIEUTENANT WATKINS WHILE ON ACTIVE DUTY FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES CHARGEABLE TO THE APPROPRIATION ,MAINTENANCE, BUREAU OF YARDS AND DOCKS, 1939" THE UNIFORM GRATUITY IS CHARGEABLE TO THAT APPROPRIATION.