B-24008, MARCH 20, 1942, 21 COMP. GEN. 890

B-24008, MARCH 20, 1942, 21 COMP. GEN. 890

APPROPRIATIONS - APPLICABILITY OF NAVAL SERVICE LIMITATIONS TO COAST GUARD ALTHOUGH THE COAST GUARD AT THE PRESENT TIME IS OPERATING AS A PART OF THE NAVY, THE APPROPRIATIONS IN THE ACT OF FEBRUARY 7, 1942, FOR THE COAST GUARD ARE SEPARATE AND DISTINCT FROM THE APPROPRIATIONS IN THE SAME ACT FOR THE NAVAL SERVICE, SO THAT THE PROVISION OF SAID ACT INCREASING THE VALUE OF CIVILIAN CLOTHING AUTHORIZED BY SECTION 125 OF THE ACT OF JUNE 3, 1916, AS AMENDED, TO BE FURNISHED NAVY ENLISTED MEN UPON DISCHARGE OTHERWISE THAN HONORABLY DOES NOT OPERATE TO INCREASE THE VALUE OF CIVILIAN CLOTHING THAT MAY BE FURNISHED COAST GUARD ENLISTED MEN UNDER AUTHORITY OF SAID SECTION 125, AS AMENDED, WHEN THEY ARE SIMILARLY DISCHARGED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 20, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 19, 1942, AS FOLLOWS:

SECTION 201 OF TITLE VI, (II) NAVAL APPROPRIATION ACT, 1942 (1943) APPROVED FEBRUARY 7, 1942 ( PUBLIC LAW 441--- 77TH CONGRESS), PROVIDES, UNDER THE " BUREAU OF SUPPLIES AND ACCOUNTS," AS FOLLOWS:

"PAY, SUBSISTENCE, AND TRANSPORTATION. NAVY: THE LIMITATION OF $15 PER MAN FOR CIVILIAN CLOTHING TO MEN GIVEN DISCHARGES FOR UNDESIRABILITY, BAD CONDUCT, OR INAPTITUDE IS HEREBY INCREASED TO $25, INCLUDING THE COST OF AN OVERCOAT WHEN NECESSARY; * * *"

IN ACCORDANCE WITH THE PROVISIONS OF SECTION 125 OF THE NATIONAL DEFENSE ACT APPROVED JUNE 3, 1916 (39 STAT. 216), AS AMENDED (10 U.S.C. 1393), ENLISTED MEN OF THE U.S. COAST GUARD HERETOFORE DISCHARGED OTHERWISE THAN HONORABLY HAVE BEEN REQUIRED TO SURRENDER ALL OUTER UNIFORM CLOTHING AND HAVE BEEN ISSUED CITIZEN'S OUTER CLOTHING AT A COST TO THE GOVERNMENT OF $15 OR LESS.

BY EXECUTIVE ORDER NO. 8929, DATED NOVEMBER 1, 1941, THE PRESIDENT DIRECTED THAT THE U.S. COAST GUARD SHOULD FROM SAID DATE, UNTIL FURTHER ORDERS,"OPERATE AS A PART OF THE NAVY SUBJECT TO THE ORDERS OF THE SECRETARY OF THE NAVY.'

YOUR DECISION IS REQUESTED AS TO WHETHER THE INCREASE FROM $15 TO $25 IN THE AMOUNT WHICH MAY BE EXPENDED FOR CIVILIAN CLOTHING FURNISHED ENLISTED MEN OF THE NAVY GIVEN DISCHARGES FOR UNDESIRABILITY, BAD CONDUCT, OR INAPTITUDE, AS PROVIDED IN THE ABOVE QUOTED STATUTORY PROVISION, APPLIES TO EXPENDITURES FOR CIVILIAN CLOTHING WHICH MAY BE MADE BY THE U.S. COAST GUARD FOR ENLISTED MEN DISCHARGED UNDER SIMILAR CONDITIONS.

EXECUTIVE ORDER NO. 8929, DATED NOVEMBER 1, 1941, WAS ISSUED PURSUANT TO AUTHORITY VESTED IN THE PRESIDENT BY SECTION 1 OF THE ACT OF JANUARY 28, 1915, 38 STAT. 800, AS AMENDED BY SECTIONS 5 AND 6 OF THE ACT OF JULY 11, 1941, PUBLIC LAW 166, SEVENTY-SEVENTH CONGRESS, 55 STAT. 585. THE AMENDED ACT INSOFAR AS HERE MATERIAL PROVIDES:

* * * WHENEVER THE COAST GUARD OR ANY UNITS THEREOF ARE TRANSFERRED TO THE NAVY DEPARTMENT, APPLICABLE APPROPRIATIONS OF THE NAVY DEPARTMENT SHALL BE AVAILABLE FOR THE EXPENSES THEREOF: PROVIDED, THAT THE APPLICABLE APPROPRIATIONS OF THE COAST GUARD SHALL BE AVAILABLE FOR TRANSFER TO THE NAVY DEPARTMENT FOR SUCH EXPENSES IN SUCH AMOUNT OR AMOUNTS AS THE DIRECTOR OF THE BUREAU OF THE BUDGET SHALL DETERMINE * * *.

THE AUTHORITY FOR FURNISHING CIVILIAN CLOTHING TO ENLISTED MEN DISCHARGED OTHERWISE THAN HONORABLY IS CONTAINED IN SECTION 125 OF THE ACT OF JUNE 3, 1916, 39 STAT. 216, AND THE SEVERAL AMENDMENTS THEREOF (10 U.S.C. 1393). THE ORIGINAL ACT WAS MADE APPLICABLE TO THE COAST GUARD BY THE ACT OF AUGUST 29, 1916, 39 STAT. 649, WHICH PROVIDES:

THAT SECTION ONE HUNDRED AND TWENTY-FIVE OF THE ACT ENTITLED "AN ACT FOR FURTHER AND MORE EFFECTUAL PROVISION FOR THE NATIONAL DEFENSE, AND FOR OTHER PURPOSES," APPROVED JUNE 3, NINETEEN HUNDRED AND SIXTEEN, SHALL APPLY TO THE COAST GUARD IN THE SAME MANNER AS TO THE ARMY, NAVY, AND MARINE CORPS.

THE APPROPRIATION FOR THE COAST GUARD INCLUDED IN TITLE II, SECTION 201, NAVAL APPROPRIATION ACT, 1943, PUBLIC LAW 441, 77TH CONGRESS, APPROVED FEBRUARY 7, 1942, 56 STAT. 78, DOES NOT PROVIDE, SPECIFICALLY, FOR THE AMOUNT THAT MAY BE EXPENDED FOR CIVILIAN CLOTHING FURNISHED ENLISTED MEN OF THE COAST GUARD DISCHARGED OTHERWISE THAN HONORABLY, NOR DOES THE TREASURY DEPARTMENT APPROPRIATION ACT, 1942, APPROVED MAY 31, 1941, 55 STAT. 221, CONTAIN A SPECIFIC PROVISION AS TO THE AMOUNT AUTHORIZED TO BE SO EXPENDED. HOWEVER, UNDER COAST GUARD REGULATIONS, 1940, ARTICLE 596, THE AMOUNT EXPENDABLE FOR EACH ENLISTED MAN SO DISCHARGED IS LIMITED TO $15, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 125 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 40 STAT. 891, 892.

THE COAST GUARD APPROPRIATIONS IN THE ACT HERE UNDER CONSIDERATION ARE SEPARATE AND DISTINCT FROM THE APPROPRIATIONS FOR THE NAVAL SERVICE, AND ALTHOUGH OPERATING AS A PARTY OF THE NAVY, SUBJECT TO THE ORDERS OF THE SECRETARY OF THE NAVY, THE APPROPRIATIONS FOR THE COAST GUARD, INSOFAR AS HERE INVOLVED, ARE SUBSTANTIALLY THE SAME AS THE APPROPRIATIONS THEREFOR PRIOR TO ITS TRANSFER TO THE NAVY DEPARTMENT, THE ONLY MATERIAL DIFFERENCE IN THIS RESPECT BEING THAT WHEREAS THE APPROPRIATIONS FOR THE COAST GUARD WERE PRIOR TO THE EXECUTIVE ORDER OF NOVEMBER 1, 1941, INCLUDED IN APPROPRIATIONS FOR THE TREASURY DEPARTMENT, THEY HAVE BEEN SINCE THE DATE OF SAID EXECUTIVE ORDER INCLUDED IN THE APPROPRIATIONS FOR THE NAVY DEPARTMENT. THE PROVISIONS OF AN APPROPRIATION ACT FOR ONE OF THE SERVICES IS NOT APPLICABLE TO ANOTHER SERVICE UNLESS THE LANGUAGE IN THE ACT IS CLEAR TO THAT EFFECT. THE PROVISION OF THE ACT OF FEBRUARY 7, 1942, QUOTED IN YOUR LETTER IS CONTAINED IN THE APPROPRIATION MADE FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE. THE APPROPRIATION FOR THE COAST GUARD DOES NOT INCLUDE A SIMILAR PROVISION, NOR DOES THE CONTEXT OF THE ACT INCLUDE ANY LANGUAGE WHICH COULD BE CONSTRUED AS INCLUDING ENLISTED MEN OF THE COAST GUARD WITHIN THE MEANING OF SUCH PROVISION.

IN VIEW OF THE FOREGOING, THE PROVISION QUOTED IN YOUR LETTER FROM SECTION 201 OF THE ACT OF FEBRUARY 7, 1942, PUBLIC LAW 441, IS NOT APPLICABLE TO EXPENDITURES FOR CIVILIAN CLOTHING FURNISHED ENLISTED MEN OF THE COAST GUARD DISCHARGED OTHERWISE THAN HONORABLY.