B-25104, MAY 21, 1942, 21 COMP. GEN. 1026

B-25104: May 21, 1942

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THAT MEMBERS OF THE OFFICERS' RESERVE CORPS BE REQUIRED TO WEAR UNIFORMS AS A CONDITION TO RECEIPT OF THE $50 UNIFORM AND EQUIPMENT ALLOWANCE FOR EACH OF THE THREE ACTIVE-DUTY TRAINING PERIODS FOR WHICH PAYMENT IS AUTHORIZED THEREIN. IS NOT RETROACTIVE. IN DETERMINING WHETHER A MEMBER IS TO BE PAID THE ALLOWANCE FOR SUCH TRAINING PERIODS SUBSEQUENT TO MARCH 9. WHETHER OR NOT UNIFORMS WERE REQUIRED TO BE WORN. MUST BE DEDUCTED FROM THE TOTAL OF THREE FOR WHICH PAYMENT IS PROVIDED. IS NOT LIMITED BY THE PROVISION OF SAID SECTION AUTHORIZING PAYMENT OF THE ALLOWANCE TO OFFICERS OF THE ARMY OF THE UNITED STATES "ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR" ON OR SUBSEQUENT TO SEPTEMBER 26.

B-25104, MAY 21, 1942, 21 COMP. GEN. 1026

UNIFORM AND EQUIPMENT ALLOWANCES - OFFICERS' RESERVE CORPS SECTION 1 OF THE ACT OF MARCH 9, 1942, DISPENSING WITH THE REQUIREMENT IN THE ACT OF MAY 14, 1940, THAT MEMBERS OF THE OFFICERS' RESERVE CORPS BE REQUIRED TO WEAR UNIFORMS AS A CONDITION TO RECEIPT OF THE $50 UNIFORM AND EQUIPMENT ALLOWANCE FOR EACH OF THE THREE ACTIVE-DUTY TRAINING PERIODS FOR WHICH PAYMENT IS AUTHORIZED THEREIN, IS NOT RETROACTIVE, BUT IN DETERMINING WHETHER A MEMBER IS TO BE PAID THE ALLOWANCE FOR SUCH TRAINING PERIODS SUBSEQUENT TO MARCH 9, 1942, THE PERIODS PRIOR TO THAT DATE, WHETHER OR NOT UNIFORMS WERE REQUIRED TO BE WORN, MUST BE DEDUCTED FROM THE TOTAL OF THREE FOR WHICH PAYMENT IS PROVIDED. THE ACTIVE-DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR MEMBERS OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, IS NOT LIMITED BY THE PROVISION OF SAID SECTION AUTHORIZING PAYMENT OF THE ALLOWANCE TO OFFICERS OF THE ARMY OF THE UNITED STATES "ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR" ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, SO THAT A RESERVE OFFICER COMMISSIONED ABOVE THE GRADE OF CAPTAIN PRIOR TO SEPTEMBER 26, 1941, OR PROMOTED OR REAPPOINTED ABOVE SUCH GRADE, WITHOUT A BREAK IN SERVICE, EITHER PRIOR TO SUBSEQUENT TO THAT DATE, MAY RECEIVE THE ALLOWANCE IF OTHERWISE ENTITLED THERETO. ALTHOUGH A MEMBER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, AND ACCEPTED FOR ACTIVE DUTY EITHER PRIOR OR SUBSEQUENT TO THAT DATE, MAY HAVE COMPLETED ONE OR TWO PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS PRIOR TO THE UNIFORM AND EQUIPMENT ALLOWANCE ACT OF MAY 14, 1940, HE MAY RECEIVE, IF OTHERWISE QUALIFIED, THE ACTIVE-DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR RESERVE OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WHO HAVE RECEIVED OR WOULD HAVE BEEN ENTITLED TO RECEIVE THE ALLOWANCE AUTHORIZED BY THE ACT OF MAY 14, 1940. UNDER THE FIRST PROVISO OF SECTION 2 OF THE UNIFORM AND EQUIPMENT ALLOWANCE ACT OF MARCH 9, 1942, SPECIFYING THAT A MEMBER OF THE OFFICERS' RESERVE CORPS SHALL NOT HAVE "COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS * * *" AS A CONDITION TO PAYMENT OF THE ALLOWANCE PROVIDED THEREIN, A PERIOD OF ACTIVE DUTY TRAINING OF LESS THAN 3 MONTHS DURING WHICH THE UNIFORM WAS NOT REQUIRED TO BE WORN SHOULD BE COUNTED IN DETERMINING WHETHER AN OFFICER HAS SERVED THE THREE PERIODS MENTIONED, AND THIS IS SO EVEN THOUGH THE DUTY MAY HAVE BEEN PERFORMED PRIOR TO THE UNIFORM AND EQUIPMENT ALLOWANCE ACT OF MAY 14, 1940. A MEMBER OF THE OFFICERS' RESERVE CORPS COMMISSIONED MORE THAN 3 YEARS PRIOR TO EITHER SEPTEMBER 26, 1941, OR THE UNIFORM AND EQUIPMENT ALLOWANCE ACT OF MAY 14, 1940, WHO WAS ACCEPTED FOR EXTENDED ACTIVE DUTY EITHER PRIOR OR SUBSEQUENT TO SEPTEMBER 26, 1941, AND WHO HAS RECEIVED NO ALLOWANCE FOR UNIFORMS AND EQUIPMENT, IS ENTITLED TO RECEIVE THE ACTIVE- DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942, IF HE HAS OTHERWISE MET THE TERMS OF THE ACT. A MEMBER OF THE OFFICERS' RESERVE CORPS WHO, PRIOR TO EITHER THE UNIFORM AND EQUIPMENT ALLOWANCE ACT OF MAY 14, 1940, OR SEPTEMBER 26, 1941, WAS REAPPOINTED AFTER HAVING ALLOWED HIS ORIGINAL COMMISSION TO LAPSE, OR WHO, AFTER HAVING BEEN ORIGINALLY APPOINTED, WAS COMMISSIONED IN THE SAME OR HIGHER GRADE WITHOUT BREAK IN SERVICE, AND WHO WAS ACCEPTED FOR EXTENDED ACTIVE DUTY EITHER PRIOR OR SUBSEQUENT TO SEPTEMBER 26, 1941, IS ENTITLED, IF OTHERWISE QUALIFIED, TO THE ACTIVE DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR RESERVE OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941. WHILE THE ACTIVE-DUTY UNIFORM AND EQUIPMENT ALLOWANCE OF $150 AUTHORIZED BY THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR CERTAIN MEMBERS OF THE OFFICERS' RESERVE CORPS IS, UNDER THE TERMS OF THE SAID SECTION, SUBJECT TO BEING REDUCED BY ANY AMOUNTS PAID UNDER SECTION 1 OF THE ACT, OR UNDER THE ACT OF MAY 14, 1940, WHICH AUTHORIZE FOR SUCH OFFICERS A UNIFORM AND EQUIPMENT ALLOWANCE OF $50 FOR EACH OF THREE PERIODS OF ACTIVE DUTY TRAINING, IT SHOULD NOT BE REDUCED BY $50 FOR EACH OF ONE OR TWO PERIODS OF SUCH TRAINING COMPLETED PRIOR TO MAY 14, 1940, FOR WHICH PAYMENT HAS NOT BEEN MADE. A MEMBER OF THE OFFICERS' RESERVE CORPS WHO COMPLETED UNDER HIS ORIGINAL APPOINTMENT THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS, AND WHO WAS GIVEN A REAPPOINTMENT EITHER PRIOR OR SUBSEQUENT TO SEPTEMBER 26, 1941, IN ANOTHER BRANCH OF THE SERVICE UNDER WHICH HE COMPLETED NO TOURS OF ACTIVE DUTY, IS NOT ENTITLED UPON ENTRY ON EXTENDED ACTIVE DUTY TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR RESERVE OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, AND FOR PERSONS ORIGINALLY COMMISSIONED ON OR SUBSEQUENT TO THAT DATE IN THE ARMY OF THE UNITED STATES. A MEMBER OF THE OFFICERS' RESERVE CORPS WHO WAS REAPPOINTED IN THE REGULAR ARMY PRIOR TO SEPTEMBER 26, 1941, IS NOT ENTITLED TO THE ACTIVE DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR RESERVE OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WHO ARE ACCEPTED FOR ACTIVE DUTY UNDER THEIR COMMISSIONS, AND FOR PERSONS WHO ARE ORIGINALLY COMMISSIONED IN THE ARMY OF THE UNITED STATES ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, REGARDLESS OF WHETHER HE HAD COMPLETED ANY PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS UNDER HIS RESERVE COMMISSION. A MEMBER OF THE OFFICERS' RESERVE CORPS WHO WAS COMMISSIONED BELOW THE GRADE OF MAJOR PRIOR TO SEPTEMBER 26, 1941, BUT AFTER A BREAK IN SERVICE WAS GIVEN A NEW APPOINTMENT IN A GRADE ABOVE THE GRADE OF CAPTAIN ON OR SUBSEQUENT TO THAT DATE, IS NOT ENTITLED TO THE ACTIVE DUTY UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR RESERVE OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, AND FOR PERSONS ORIGINALLY COMMISSIONED IN THE ARMY OF THE UNITED STATES BELOW THE GRADE OF MAJOR ON OR SUBSEQUENT TO THAT DATE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MAY 21, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 25, 1942, REQUESTING DECISION ON QUESTIONS ARISING UNDER VARIOUS CONDITIONS AS TO THE RIGHT OF OFFICERS OF THE ARMY OF THE UNITED STATES TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY THE ACT OF MARCH 9, 1942, PUBLIC LAW 492, 56 STAT. 148.

THE ACT OF MARCH 9, 1942, PUBLIC LAW 492, PROVIDES:

THAT THE ACT OF MAY 14, 1940 ( PUBLIC, NUMBERED 511, SEVENTY-SIXTH CONGRESS), BE, AND THE SAME IS HEREBY, AMENDED TO READ 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.'

SEC. 2. ANY PERSON ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR, ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, AN OFFICER IN THE ARMY OF THE UNITED STATES OR IN ANY COMPONENT THEREOF, EXCEPT THE ARMY NURSE CORPS, FROM ANY SOURCE EXCEPT GRADUATES OF THE UNITED STATES MILITARY ACADEMY, SHALL BE ENTITLED TO AN ALLOWANCE OF $150 FOR UNIFORMS AND EQUIPMENT, WHICH SHALL BE PAYABLE, IN THE CASE OF AN OFFICER OF THE REGULAR ARMY, UPON, ACCEPTANCE OF SUCH COMMISSION, AND IN THE CASE OF OTHER OFFICERS, WHEN THEY SHALL HAVE BEEN ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY IN THE MILITARY SERVICE OF THE UNITED STATES FOR A PERIOD OF MORE THAN THREE MONTHS WITHIN THREE YEARS FROM THE DATE OF, AND UNDER THEIR RESPECTIVE ORIGINAL COMMISSIONS: PROVIDED, THAT ANY OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WHO HAS RECEIVED ANY ALLOWANCE UNDER THE PROVISIONS OF THE ACT OF MAY 14, 1940 ( PUBLIC, NUMBERED 511, SEVENTY-SIXTH CONGRESS), AS ORIGINALLY APPROVED, OR WHO WOULD HAVE BEEN ENTITLED TO RECEIVE SUCH ALLOWANCE IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN THE SAID ACT AND, IN EITHER CASE, WHO HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT, SHALL BE ENTITLED TO RECEIVE THE ALLOWANCE PROVIDED IN THIS SECTION, IF HE HAS BEEN OR SHALL BE ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF THREE MONTHS UNDER HIS COMMISSION: PROVIDED, HOWEVER, THAT ANY SUM WHICH SHALL HAVE BEEN PAID TO ANY OFFICER UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT OR UNDER THE PROVISIONS OF THE ACT OF JUNE 3, 1941 ( PUBLIC, NUMBERED 97, SEVENTY-SEVENTH CONGRESS), AS AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT SHALL BE DEDUCTED FROM THE AMOUNT PAYABLE TO HIM UNDER THIS SECTION: AND PROVIDED FURTHER, THAT PAYMENT TO ANY OFFICER OF THE ALLOWANCE PROVIDED IN THIS SECTION SHALL DISQUALIFY SUCH OFFICER THEREAFTER FROM RECEIVING THE ALLOWANCE PROVIDED IN SECTION 1 HEREOF OR SECTION 4 OF THE ACT OF JUNE 3, 1941 ( PUBLIC, NUMBERED 97, SEVENTY SEVENTH CONGRESS).

IN YOUR LETTER OF APRIL 25, 1942, IT IS STATED:

HOUSE REPORT NO. 1706 ON BILL NO. S. 1891 SHOWS THAT THE DATE OF SEPTEMBER 26, 1941, USED IN SECTION 2 OF THE ACT OF MARCH 9, 1942, SUPRA, WAS THE DATE OF GRADUATION FROM THE FIRST OFFICERS' CANDIDATE SCHOOL. IS THE VIEW OF THIS DEPARTMENT THAT THERE IS NO DOUBT AS TO THE RIGHT OF OFFICERS OF THE GROUP COMMISSIONED ON OR SUBSEQUENT TO THAT DATE TO RECEIVE AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT, IF OTHERWISE WITHIN THE PROVISIONS OF THE ACT. HOWEVER, AS TO OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, THE FOLLOWING QUESTIONS ARE PRESENTED: (THE QUESTIONS ARE QUOTED BELOW AND WILL BE ANSWERED IN THE ORDER STATED.)

1. WHAT IS THE EFFECTIVE DATE OF THE DELETION OF THE REQUIREMENT FOR THE WEARING OF THE UNIFORM, I.E., MAY AN OFFICER OF THE OFFICERS' RESERVE CORPS WHO RECEIVED ACTIVE DUTY TRAINING PRIOR TO SEPTEMBER 26, 1941, RECEIVE THE ALLOWANCE, IF OTHERWISE ENTITLED THERETO, WITHOUT A SHOWING THAT HE WAS REQUIRED TO WEAR THE UNIFORM DURING A SUBSTANTIAL PORTION OF ANY PERIOD OF SUCH TRAINING FOR WHICH HE CLAIMS PAYMENT OF THE ALLOWANCE?

IT IS ASSUMED THIS QUESTION REFERS TO THE PAYMENT OF $50 ANNUAL INCREMENTS UNDER SECTION 1 TO RESERVE OFFICERS FOR ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS AND NOT TO ANY RIGHTS THEY MAY HAVE UNDER THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942, AND THE ANSWER IS MADE ON THAT ASSUMPTION.

THE LANGUAGE CONTAINED IN THE ACT OF MAY 14, 1940, PUBLIC NO. 511, 54 STAT. 212, 10 U.S.C. 361B, WAS IDENTICAL TO THAT CONTAINED IN SECTION 1 OF THE ACT OF MARCH 9, 1942, SUPRA, EXCEPT FOR DELETION AT THE END THEREOF OF THE PHRASE "DURING WHICH PERIODS THE UNIFORM IS REQUIRED TO BE RN.' THE OMISSION OF THIS LANGUAGE IN SECTION 1 OF THE ACT OF MARCH 9, 1942, THE CONDITION FOR THE WEARING OF THE UNIFORM IS NOT ONE OF THE REQUISITES TO PAYMENT UNDER THAT SECTION WHERE THE OTHER CONDITIONS ARE MET. SECTION 1 OF THE ACT OF MARCH 9, 1942, HAS NO RETROACTIVE OPERATION; ONE OF THE CONDITIONS FOR PAYMENT OF A $50 INCREMENT FOR UNIFORMS AND EQUIPMENT UNDER THE ACT OF MAY 14, 1940, WAS THE WEARING OF THE UNIFORM DURING PERIODS THE UNIFORM IS REQUIRED TO BE WORN. 20 COMP. GEN. 37. THE REQUISITES FOR PAYMENT OF THE $50 INCREMENT UNDER THE ACT OF MAY 14, 1940, HAVING REMAINED IN EFFECT UNTIL MARCH 9, 1942, THE MODIFIED CONDITIONS DISPENSING WITH THE REQUIREMENT FOR THE WEARING OF THE UNIFORM ARE NOT APPLICABLE TO ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS COMPLETED PRIOR TO MARCH 9, 1942, THAT IS, THE EFFECTIVE DATE OF THE DELETION OF THE REQUIREMENT FOR THE WEARING OF THE UNIFORM AS TO PAYMENTS FOR PRIOR PERIODS IS MARCH 9, 1942, AND YOUR ILLUSTRATIVE QUESTION IS ANSWERED IN THE NEGATIVE. THIS ANSWERS SO MUCH OF QUESTION 17 AS REFERS TO THIS QUESTION.

FOR ANY PAYMENTS FOR PERIODS OF ACTIVE-DUTY TRAINING SUBSEQUENT TO MARCH 9, 1942, HOWEVER, IN COUNTING THE PRIOR PERIODS TO DETERMINE WHETHER THE OFFICER HAS COMPLETED IN SEPARATE FISCAL YEARS OF EACH OF THEIR FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS FOLLOWING THEIR ORIGINAL APPOINTMENT, ALL PERIODS OF ACTIVE DUTY TRAINING WITHIN THE ACT ARE TO BE COUNTED WHETHER THE UNIFORM WAS OR WAS NOT REQUIRED TO BE WORN. SEE 20 COMP. GEN. 37, 38, PARTICULARLY PARAGRAPHS 1 AND 3. NO CHANGE WAS MADE BY THE AMENDMENT EXCEPT THE ELIMINATION OF THE REQUIREMENT AS TO WEARING THE UNIFORM.

2. MAY AN OFFICER OF THE OFFICERS' RESERVE CORPS, COMMISSIONED ABOVE THE GRADE OF CAPTAIN PRIOR TO SEPTEMBER 26, 1941, AND WHO HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT, BE ENTITLED TO RECEIVE THE ALLOWANCE PROVIDED IN SECTION 2 OF THE ACT OF MARCH 9, 1942, IF HE HAS BEEN OR SHALL BE ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF THREE MONTHS FOLLOWING HIS ORIGINAL APPOINTMENT?

AS ORIGINALLY INTRODUCED, S. 1891, SEVENTY-SEVENTH CONGRESS, PROVIDED FOR THE GRATUITOUS ISSUE OF UNIFORMS AND EQUIPMENT HAVING A MONEY VALUE OF NOT TO EXCEED $447, SUCH UNIFORMS AND EQUIPMENT TO REMAIN THE PROPERTY OF THE UNITED STATES. IN A REPORT OF THE WAR DEPARTMENT, ENACTMENT OF THE BILL AS ORIGINALLY INTRODUCED WAS OPPOSED FOR REASONS MORE FULLY STATED IN A LETTER OF THE SECRETARY OF WAR DATED NOVEMBER 14, 1941, TO THE CHAIRMAN, COMMITTEE ON MILITARY AFFAIRS, UNITED STATES SENATE, BUT THE OPINION WAS EXPRESSED THAT AN ALLOWANCE OF $150 WOULD BE A SUFFICIENT FINANCIAL ASSISTANCE FOR NEWLY COMMISSIONED OFFICERS WHO ACCEPT EXTENDED ACTIVE DUTY, PROVIDED THIS AMOUNT IS PAYABLE IN ONE SUM AT THE TIME NEEDED, AND IT WAS ACCORDINGLY RECOMMENDED THAT S. 1891 BE AMENDED TO ACCOMPLISH THAT PURPOSE. BY AN AMENDMENT OF THE SENATE COMMITTEE ON MILITARY AFFAIRS, THE LANGUAGE OF THE ORIGINAL BILL WAS DELETED ENTIRELY, SUBSTITUTING THEREFOR OTHER LANGUAGE AND AS SO AMENDED, WAS REPORTED OUT AND PASSED BY THE SENATE. THE HOUSE COMMITTEE ON MILITARY AFFAIRS REPORTED THE AMENDED BILL AS PASSED BY THE SENATE WITH TWO AMENDMENTS, THE FIRST AMENDMENT PROVIDING FOR THE ADDITION OF THE WORDS "BELOW THE GRADE OF MAJOR," PAGE 2, LINE 3, OF BILL (FIRST LINE OF SECTION 2 OF THE ACT), AND THE SECOND AMENDMENT PROVIDING FOR THE ADDITION OF THE WORDS ,WHO HAVE BEEN OR SHALL BE" IN LIEU OF THE WORDS "UPON BEING," PAGE 3, LINE 1, OF THE BILL. IT APPEARS, HOWEVER, THAT WHEN THE BILL AS AMENDED BY THE HOUSE COMMITTEE ON MILITARY AFFAIRS WAS REPORTED OUT, A MEMBER OF THAT COMMITTEE OFFERED AN AMENDMENT AT ITS DIRECTION TO STRIKE OUT ALL AFTER THE COLON, PAGE 2, LINE 15, OF THE BILL DOWN THROUGH THE WORD "ACT" IN LINE 5, PAGE 3, AND TO INSERT IN LIEU THEREOF THE FOLLOWING:

PROVIDED, THAT ANY OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, SHALL BE ENTITLED TO RECEIVE THE ALLOWANCE PROVIDED IN THIS SECTION, IF HE HAS BEEN OR SHALL BE ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF THREE MONTHS UNDER HIS COMMISSION: PROVIDED FURTHER, THAT ANY SUM WHICH SHALL HAVE BEEN PAID TO ANY OFFICER UNDER THE PROVISIONS OF SUCH ACT OF MAY 14, 1940, PRIOR TO ITS AMENDMENT BY SECTION 1 OF THIS ACT.

AS THUS AMENDED, S. 1891 WAS PASSED BY THE HOUSE. SEE CONGRESSIONAL RECORD FOR FEBRUARY 10, 1942, PAGES 1220-1222. IN CONFERENCE THE SENATE RECEDED FROM ITS DISAGREEMENT TO THE FIRST HOUSE AMENDMENT WITH AN AMENDMENT TO INSERT IN LIEU THEREOF THE WORDS "BELOW THE GRADE OF MAJOR ON OR; " AND AS TO HOUSE AMENDMENT NO. 2, WHICH PRESUMABLY INCLUDED THE AMENDMENT ON THE FLOOR OF THE HOUSE JUST QUOTED, THE SENATE AGREED THERETO WITH AN AMENDMENT WHICH FINALLY BECAME THE FIRST PROVISO AND THE FIRST TWO LINES OF THE SECOND PROVISO IN SECTION 2 OF THE ACT OF MARCH 9, 1942.

IN EXPLANATION OF THE ACTION AGREED UPON IN CONFERENCE, IT WAS STATED IN THE REPORT OF THE HOUSE CONFEREES, HOUSE REPORT NO. 1801, 77TH CONGRESS, 2D SESSION:

AMENDMENT NO. 1: THIS AMENDMENT PREVENTS THE PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCE TO PERSONS COMMISSIONED IN THE ARMY OF THE UNITED STATES SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE GRADE OF MAJOR OR ANY HIGHER GRADE. THE CONFERENCE AGREEMENT ADOPTS THE AMENDMENTS WITH AN AMENDMENT THERETO FOR THE PURPOSE OF ASSURING THAT THOSE OFFICERS WHO WERE COMMISSIONED ON SEPTEMBER 26, 1941, SHALL BE ENTITLED TO THE ALLOWANCE FOR UNIFORMS AND EQUIPMENT.

AMENDMENT NO. 2:THIS AMENDMENT PROVIDED FOR THE PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCE TO EVERY OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, AND SUBSEQUENT TO JUNE 3, 1916, WHO HAS BEEN OR SHALL BE ON ACTIVE DUTY FOR MORE THAN 3 MONTHS. THE SENATE BILL PROVIDED FOR PAYMENT OF THE ALLOWANCE ONLY TO RESERVE OFFICERS WHO COULD QUALIFY UNDER THE ACT OF MAY 14, 1940. ONLY OFFICERS SERVING UNDER THEIR ORIGINAL APPOINTMENTS COULD QUALIFY UNDER THE ACT OF MAY 14, 1940. THE AMENDMENT ALSO CLARIFIED THE APPLICATION OF THE BILL TO THOSE OFFICERS WHO HAVE HERETOFORE BEEN, OR MAY BEFORE THE ENACTMENT OF THE BILL INTO LAW BE, CALLED TO ACTIVE DUTY. THE CONFERENCE AGREEMENT REJECTS SO MUCH OF THE HOUSE AMENDMENT AS WOULD MAKE THE ALLOWANCE PAYABLE TO OFFICERS WHO WERE NOT ELIGIBLE FOR THE ALLOWANCE UNDER THE ACT OF MAY 14, 1940, AND INCLUDES SO MUCH OF THE HOUSE AMENDMENT AS CLARIFIES THE APPLICATION OF THE BILL TO THOSE OFFICERS WHO HAVE HERETOFORE BEEN, OR MAY BEFORE THE ENACTMENT OF THE BILL INTO LAW BE, ORDERED TO ACTIVE DUTY.

THE ENACTING CLAUSE OF SECTION 2 AUTHORIZES THE PAYMENT OF THE $150 ALLOWANCE FOR UNIFORMS AND EQUIPMENT TO PERSONS "ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR, ON OR SUBSEQUENT TO SEPTEMBER 26, 1941.'

THE FIRST PROVISO OF SECTION 2 REFERS TO ANY OFFICER OF THE OFFICERS' RESERVE CORPS (1) WHO HAS RECEIVED AN ALLOWANCE UNDER THE PROVISIONS OF THE ACT OF MAY 14, 1940, AS ORIGINALLY APPROVED, OR (2) WHO WOULD HAVE BEEN ENTITLED TO RECEIVE SUCH ALLOWANCE IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN THE SAID ACT; "AND, IN EITHER CASE, WHO HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT.' THE ACT OF MAY 14, 1940, CONTAINS NO PROHIBITION AGAINST PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCES, OTHER CONDITIONS BEING MET, BY REASON OF THE GRADE OR RANK OF THE RESERVE OFFICER. IT IS TO BE NOTED THAT THE SECOND PROVISO PROVIDES THAT ANY SUM WHICH SHALL HAVE BEEN PAID TO ANY OFFICER UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT SHALL BE DEDUCTED FROM THE AMOUNT PAYABLE UNDER SECTION 2. AS SECTION 1 IS A REENACTMENT OF THE ACT OF MAY 14, 1940, WITH A MODIFICATION, IT INCLUDES PAYMENTS UNDER THE ACT OF MAY 14, 1940. TO A LIMITED EXTENT, THE ENACTING CLAUSE OF SECTION 2 AND THE FIRST PROVISO THEREOF HAVE DISTINCT PURPOSES AND THE EXPRESS LIMITATION AS TO GRADE IN THE FIRST CLAUSE IS NOT FOR APPLICATION TO THE FIRST PROVISO WHERE THE TERM USED IS "ANY OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941.' IT MUST BE PRESUMED, THEREFORE, THE FRAMERS OF THE LEGISLATION USED THE RESPECTIVE TERMS WITH REFERENCE TO THEIR NORMAL MEANING, THE PROHIBITION IN THE FIRST CLAUSE HAVING NO APPLICATION TO THE RESERVE OFFICERS OTHERWISE WITHIN THE PROVISIONS OF THE FIRST PROVISO; THAT IS, THE FIRST PROVISO IS AN INDEPENDENT ENACTMENT AND NOT AN EXCEPTION TO THE ENACTING CLAUSE. QUESTION 2 IS ANSWERED YES. 3. IS A RESERVE OFFICER, COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WHO COMPLETED ONE OR TWO PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT AND PRIOR TO MAY 14, 1940, ENTITLED TO THE $150 ALLOWANCE FOR UNIFORMS AND EQUIPMENT PROVIDED BY THE ACT OF MARCH 9, 1942, IF HE SHALL BE OR SHALL HAVE BEEN ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF THREE MONTHS UNDER HIS COMMISSION PRIOR TO SEPTEMBER 26, 1941?

NO PAYMENT WAS AUTHORIZED UNDER THE ACT OF MAY 14, 1940, FOR PERIODS OF ACTIVE DUTY PRIOR TO THAT DATE, BUT SUCH PERIODS, IF OTHERWISE WITHIN THE ACT WERE REQUIRED TO BE CONSIDERED IN DETERMINING THE TOTAL OF THREE PERIODS. IF, THEREFORE, THE RESERVE OFFICER HAS RECEIVED OR WAS ENTITLED TO RECEIVE AN ALLOWANCE UNDER THE ACT OF MAY 14, 1940, AS ORIGINALLY APPROVED, AND HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS, HE COMES WITHIN THE PROVISIONS OF THE FIRST PROVISO OF SECTION 2.

THE FIRST PROVISO OF SECTION 2 AND THE PROVISO WHICH FOLLOWS FOR DEDUCTION OF AMOUNTS PREVIOUSLY PAID UNDER THE ACT OF MAY 14, 1940, ARE FOR THE PURPOSE OF EQUALIZATION. IF BUT FOR THE ACT OF MARCH 9, 1942, THE RESERVE OFFICER WOULD HAVE BEEN ENTITLED TO BENEFITS UNDER THE ACT OF MAY 14, 1940, IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN THAT ACT AND IS OTHERWISE WITHIN THE FIRST PROVISO OF SECTION 2 OF THE ACT, HE IS ENTITLED TO THE BENEFITS OF ITS PROVISIONS. SEE 20 COMP. GEN. 37, STATEMENT NO. 3. QUESTION 3 IS ANSWERED YES.

WITH RESPECT TO SO MUCH OF QUESTION 17 AS REFERS TO QUESTION 3, YOU ARE INFORMED THAT AS THE FIRST PROVISO OF SECTION 2 COVERS OFFICERS OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, AND THE ENACTING CLAUSE OF SECTION 2 COVERS OFFICERS OF THE ARMY OF THE UNITED STATES, INCLUSIVE OF OFFICERS OF THE OFFICERS' RESERVE CORPS "ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR, ON OR SUBSEQUENT TO SEPTEMBER 26, 1941," AND WHO WERE ORDERED TO EXTENDED ACTIVE WITHIN 3 YEARS FROM THE DATE OF AND UNDER THEIR RESPECTIVE ORIGINAL COMMISSIONS, AN OFFICER OF THE OFFICERS' RESERVE CORPS ABOVE THE GRADE OF CAPTAIN COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WHO WAS ACCEPTED FOR ACTIVE DUTY IN EXCESS OF 3 MONTHS SUBSEQUENT TO SEPTEMBER 26, 1941, IF OTHERWISE WITHIN THE PROVISO, WOULD BE ENTITLED TO THE BENEFITS OF THE PROVISO AS CONSTRUED IN ANSWER TO THIS QUESTION.

4. IS A RESERVE OFFICER WHO HAS HAD THREE PERIODS OF ACTIVE DUTY TRAINING PRIOR TO MAY 14, 1940, OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS, THE UNIFORM NOT BEING REQUIRED TO BE WORN IN ANY OF THE THREE PERIODS, ENTITLED UNDER THIS ACT TO THE ALLOWANCE OF $150.00 IF ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY IN THE MILITARY SERVICE FOR A PERIOD IN EXCESS OF THREE MONTHS PRIOR TO SEPTEMBER 26, 1941?

AS STATED IN ANSWER TO QUESTION 2, THE FIRST PROVISO OF SECTION 2 APPLIES TO ANY OFFICER OF THE OFFICERS' RESERVE CORPS (1) WHO HAS RECEIVED AN ALLOWANCE UNDER THE PROVISIONS OF THE ACT OF MAY 14, 1940, AS ORIGINALLY APPROVED, OR (2) WHO WOULD HAVE BEEN ENTITLED TO RECEIVE SUCH ALLOWANCE IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN SAID ACT, BUT WITH THE RESTRICTION THAT THE OFFICER "IN EITHER CASE * * * HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT.' THIS EXCEPTION OR RESTRICTION IS NOT QUALIFIED IN ANY MANNER. AS THE OFFICER IN THE QUESTION "HAS HAD THREE PERIODS OF ACTIVE DUTY TRAINING PRIOR TO MAY 14, 1940, OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS" HE HAS ,COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT" AND IS NOT ENTITLED TO ANY BENEFITS UNDER THE FIRST PROVISO OF SECTION 2 OF THE ACT.

ANSWERING SO MUCH OF QUESTION 17 AS REFERS TO QUESTION 4, WHETHER HE WAS ACCEPTED FOR ACTIVE DUTY IN EXCESS OF 3 MONTHS PRIOR OR SUBSEQUENT TO SEPTEMBER 26, 1941, WOULD MAKE NO DIFFERENCE AS TO HIS RIGHTS.

5. IS A RESERVE OFFICER WHO HAS HAD THREE PERIODS OF ACTIVE DUTY TRAINING PRIOR TO MAY 14, 1940, OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS, BUT DURING ONE PERIOD OF TRAINING THE UNIFORM WAS NOT REQUIRED TO BE WORN, AND WHO HAS HAD A FOURTH PERIOD OF ACTIVE DUTY TRAINING SUBSEQUENT TO MAY 14, 1940, AND PRIOR TO MARCH 9, 1942, OF THREE MONTHS OR LESS IN A SEPARATE FISCAL YEAR WHEN THE UNIFORM WAS REQUIRED TO BE WORN, AND WHO HAS RECEIVED AN ALLOWANCE OF $50.00 UNDER THE ACT OF MAY 14, 1940, SUPRA, ENTITLED TO THE ALLOWANCE OF $150.00 (LESS $50.00) UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF MARCH 9, 1942, IF ORDERED TO, FOUND QUALIFIED, AND ACCEPTED FOR ACTIVE DUTY IN THE MILITARY SERVICE FOR A PERIOD IN EXCESS OF THREE MONTHS PRIOR TO SEPTEMBER 26, 1941?

FOR THE REASONS STATED IN THE ANSWER TO QUESTION 4, THE OFFICER IN THIS CASE HAVING "COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT" IS NOT WITHIN THE FIRST PROVISO OF SECTION 2 OF THE ACT. ANSWERING SO MUCH OF QUESTION 17 AS REFERS TO QUESTION 5, THE DATE HE WAS ACCEPTED FOR ACTIVE DUTY IN EXCESS OF 3 MONTHS WOULD NOT AFFECT THE ANSWER.

6. WILL AN OFFICER COMMISSIONED MORE THAN THREE YEARS PRIOR TO SEPTEMBER 26, 1941, WHO ENTERS ON ACTIVE DUTY AS PROVIDED IN THE ACT OF MARCH 9, 1942, FOR A PERIOD IN EXCESS OF THREE MONTHS PRIOR TO SEPTEMBER 26, 1941, AND WHO HAS RECEIVED NO ALLOWANCES FOR UNIFORMS AND EQUIPMENT, BE ENTITLED TO THE ALLOWANCE PROVIDED FOR IN THE ACT OF MARCH 9, 1942? IF SO, IN WHAT AMOUNT?

ASSUMING THE QUESTION RELATES TO A RESERVE OFFICER, THE ANSWER TO THIS QUESTION IS AFFECTED BY THE ACTIVE DUTY TRAINING OF THE RESERVE OFFICER. IF HE PERFORMED THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS PRIOR TO HIS ENTRY ON EXTENDED ACTIVE DUTY HE WOULD NOT BE ENTITLED TO ANY BENEFITS OF THE ACT OF MARCH 9, 1942. SEE THE ANSWERS TO QUESTIONS 4 AND 5. IT WAS NOT THE PURPOSE OF THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942, TO INCLUDE ALL RESERVE OFFICERS WHO HAD BEEN APPOINTED SINCE JUNE 3, 1916. IF THE RESERVE OFFICER REFERRED TO IN THIS QUESTION NEVER HAD ANY RIGHTS UNDER THE ACT OF MAY 14, 1940, BECAUSE OF TRAINING DUTY WITHIN THE ACT PRIOR TO ITS ENACTMENT OR HAD COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT HE IS NOT ENTITLED TO THE BENEFITS OF SECTION 2. IF, HOWEVER, HE HAS NOT COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT HE WOULD BE ENTITLED TO AND THE AMOUNT PAYABLE WOULD BE $150 AS IT IS STATED HE HAD RECEIVED NO ALLOWANCE FOR UNIFORMS AND EQUIPMENT. ANSWERING SO MUCH OF QUESTION 17 AS REFERS TO QUESTION 6, THE DATE OF ENTRY ON EXTENDED ACTIVE DUTY WOULD NOT AFFECT HIS RIGHTS.

7. WILL AN OFFICER COMMISSIONED MORE THAN THREE YEARS PRIOR TO MAY 14, 1940, WHO ENTERS ON ACTIVE DUTY AS PROVIDED IN THE ACT FOR A PERIOD IN EXCESS OF THREE MONTHS PRIOR TO SEPTEMBER 26, 1941, AND WHO HAS RECEIVED NO ALLOWANCES FOR UNIFORMS AND EQUIPMENT, BE ENTITLED TO THE ALLOWANCE PROVIDED FOR IN THE ACT OF MARCH 9, 1942? IF SO, IN WHAT AMOUNT?

WHETHER THE COMMISSION WAS MORE THAN 3 YEARS BEFORE SEPTEMBER 26, 1941, OR MORE THAN 3 YEARS PRIOR TO MAY 14, 1940, THE ANSWER TO QUESTION 6 ABOVE, INCLUDING SO MUCH OF QUESTION 17 AS REFERS TO QUESTION 7, ANSWERS THIS QUESTION.

8. WHERE AN OFFICER, AFTER HAVING BEEN ORIGINALLY APPOINTED, ALLOWS SUCH ORIGINAL APPOINTMENT TO LAPSE AND IS SUBSEQUENTLY REAPPOINTED PRIOR TO MAY 14, 1940, OR PRIOR TO SEPTEMBER 26, 1941, IN THE OFFICERS' RESERVE CORPS, AND IS PLACED ON ACTIVE DUTY PRIOR TO SEPTEMBER 26, 1941, IS THE FULL AMOUNT OF THE ALLOWANCE ($150.00) PAYABLE LESS ANY AMOUNTS PREVIOUSLY PAID?

ON THE ASSUMPTION THE OFFICER WOULD HAVE BEEN OR WAS ENTITLED TO THE BENEFITS OF THE ACT OF MAY 14, 1940, THE ANSWER TO THIS QUESTION IS IN THE AFFIRMATIVE. IN DECISION B-15062, DATED MARCH 11, 1941, IT WAS STATED:

THE SIGNIFICANCE AND MEANING OF THE PHRASE "FOLLOWING THEIR ORIGINAL APPOINTMENT" AND ANY LIMITATION UPON THE RIGHT TO PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCE TO OFFICERS OF THE OFFICERS' RESERVE CORPS UNDER THE ACT OF MAY 14, 1940, ARE NOT TO BE GATHERED FROM THESE WORDS STANDING ALONE BUT MUST BE CONSIDERED IN THEIR RELATION WITH THE ACT AS A WHOLE. THE PHRASE IS NOT SYNONYMOUS WITH THE TERM "DURING THEIR ORIGINAL APPOINTMENT" BUT REFERS TO PERIODS OF ACTIVE DUTY AS DEFINED IN THE ACT NEXT AFTER THE RESERVE OFFICER'S ORIGINAL APPOINTMENT IN THE OFFICERS' RESERVE CORPS. IN OTHER WORDS THE MERE LAPSE OF TIME FOLLOWING A RESERVE OFFICER'S ORIGINAL OR FIRST APPOINTMENT DURING WHICH THE CONDITIONS OF THE STATUTE HAVE NOT BEEN MET DOES NOT AFFECT OR DIMINISH HIS RIGHT IF AND WHEN THE PREREQUISITES TO PAYMENT OF THE ANNUAL ALLOWANCE CONCUR. * * * OF COURSE, IF THE RESERVE OFFICER HAD COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT--- ORIGINAL HERE MEANING HIS FIRST APPOINTMENT--- HE IS NOT ENTITLED TO THE BENEFITS OF THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942.

9. WHERE AN OFFICER, AFTER HAVING BEEN ORIGINALLY APPOINTED, IS LATER COMMISSIONED IN THE SAME OR HIGHER GRADE WITHOUT A BREAK IN SERVICE PRIOR TO MAY 14, 1940, OR SEPTEMBER 26, 1941, IN THE OFFICERS' RESERVE CORPS, AND IS PLACED ON ACTIVE DUTY PRIOR TO SEPTEMBER 26, 1941, IS THE FULL AMOUNT OF THE ALLOWANCE ($150.00) PAYABLE LESS ANY AMOUNTS PREVIOUSLY PAID?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE UNLESS THE OFFICER HAD COMPLETED THREE PERIODS OF ACTIVE DUTY TRAINING AS PRESCRIBED BY THE FIRST PROVISO OF SECTION 2 OF THE ACT WHICH PRECLUDED PAYMENTS THEREUNDER. SEE ANSWER TO QUESTION 4.

10. WHERE AN OFFICER, HAVING BEEN ORIGINALLY APPOINTED, ALLOWS SUCH ORIGINAL APPOINTMENT TO LAPSE AND IS SUBSEQUENTLY REAPPOINTED PRIOR TO MAY 14, 1940, OR PRIOR TO SEPTEMBER 26, 1941, IN THE OFFICERS' RESERVE CORPS, AND IS PLACED ON ACTIVE DUTY ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, IS THE FULL AMOUNT OF THE ALLOWANCE ($150.00) PAYABLE LESS ANY AMOUNTS PREVIOUSLY PAID?

ON THE ASSUMPTION THAT HE WAS ENTITLED TO BENEFITS UNDER THE ACT OF MAY 14, 1940, THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE SUBJECT TO THE ANSWER TO QUESTION 4.

11. WHERE AN OFFICER, AFTER HAVING BEEN ORIGINALLY APPOINTED, IS LATER COMMISSIONED IN THE SAME OR HIGHER GRADE WITHOUT A BREAK IN SERVICE PRIOR TO MAY 14, 1940, OR SEPTEMBER 26, 1941, IN THE OFFICERS' RESERVE CORPS, AND IS PLACED ON ACTIVE DUTY ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, IS THE FULL AMOUNT OF THE ALLOWANCE ($150.00) PAYABLE LESS ANY AMOUNTS PREVIOUSLY PAID?

THE ANSWER TO THIS QUESTION IS "YES" UNLESS THERE WERE COMPLETED THREE PERIODS OF ACTIVE TRAINING DUTY OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS THUS EXCLUDING HIM FROM ANY BENEFIT UNDER THE ACT. SEE ANSWER TO QUESTION 4.

12. SHOULD A PERIOD OF ACTIVE DUTY OF LESS THAN THREE MONTHS DURING WHICH THE WEARING OF THE UNIFORM WAS NOT REQUIRED, BE COUNTED AS ONE OF THE "THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS" MENTIONED IN THE FIRST PROVISO TO SECTION TWO OF THE ACT OF MARCH 9, 1942, SUPRA?

YES, FOR THE REASONS STATED IN ANSWER TO QUESTION 4.

13. SHOULD THE ALLOWANCE OF $150 BE DECREASED BY $50 FOR EACH OF ONE OR TWO PERIODS OF ACTIVE DUTY OF LESS THAN THREE MONTHS, PERFORMED PRIOR TO MAY 14, 1940, BY A RESERVE OFFICER COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, IN THE EVENT PAYMENT HAS NOT BEEN MADE THEREFOR?

THE PURPOSE OF THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942, AND THE PROVISO WHICH IMMEDIATELY FOLLOWS IS TO PAY TO RESERVE OFFICERS $150 IF WITHIN THE PROVISIONS, LESS THE AMOUNT PAID UNDER THE ACT OF MAY 14, 1940, AS ORIGINALLY APPROVED. THE LANGUAGE OF THE FIRST PROVISO IS ,OR WHO WOULD HAVE BEEN ENTITLED TO RECEIVE SUCH ALLOWANCE IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN THE SAID ACT," AND THE NEXT PROVISO IS "THAT ANY SUM WHICH SHALL HAVE BEEN PAID TO ANY OFFICER UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT * * * AS AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT SHALL BE DEDUCTED FROM THE AMOUNT PAYABLE TO HIM UNDER THIS SECTION.' SEE ANSWER TO QUESTION 2. IF THE RESERVE OFFICER REFERRED TO IN THIS QUESTION IS WITHIN THAT PROVISION (SEE ANSWER TO QUESTION 4), HE SHOULD BE PAID $150 IF OTHERWISE WITHIN THE FIRST PROVISO, DEDUCTING THE PAYMENTS PREVIOUSLY MADE. AS THUS UNDERSTOOD, THE QUESTION IS ANSWERED IN THE NEGATIVE.

14. WOULD A RESERVE OFFICER APPOINTED IN ONE BRANCH, WHO COMPLETED, PRIOR TO MAY 14, 1940, THREE PERIODS OF ACTIVE DUTY OF LESS THAN THREE MONTHS WHILE SERVING IN THAT BRANCH, AND WHO WAS SUBSEQUENTLY APPOINTED AS AN ORIGINAL APPOINTMENT IN A SECOND BRANCH AND THEREAFTER COMPLETED NO TOURS OF ACTIVE DUTY, BE ENTITLED TO THE ALLOWANCE IF ACCEPTED FOR ACTIVE DUTY IN EXCESS OF THREE MONTHS?

IF THE OFFICER REFERRED TO IN THIS QUESTION, SUBSEQUENT TO HIS ORIGINAL APPOINTMENT, WERE APPOINTED PRIOR TO SEPTEMBER 26, 1941, HE WOULD SECURE NO BENEFITS UNDER THE FIRST PROVISO OF SECTION 2, BECAUSE HE HAD COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING. IF HIS SECOND APPOINTMENT IN ANOTHER BRANCH WERE ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, HE WOULD NOT COME WITHIN THE PROVISIONS OF THE ENACTING CLAUSE OF SECTION 2 OF THE ACT OF MARCH 9, 1942, BY REASON OF THE FACT THAT SUCH APPOINTMENT WOULD NOT CONSTITUTE AN ORIGINAL COMMISSION AS CONTEMPLATED THEREBY. QUESTION 14 IS ANSWERED IN THE NEGATIVE. 15. WOULD AN OFFICER OF THE OFFICERS' RESERVE CORPS WHO COMPLETED THREE PERIODS OF ACTIVE DUTY OF LESS THAN THREE MONTHS UNDER HIS RESERVE COMMISSION, AND WHO WAS SUBSEQUENTLY APPOINTED IN THE REGULAR ARMY, PRIOR TO SEPTEMBER 26, 1941, BE ENTITLED TO THE ALLOWANCE? AS IN THE PRECEDING QUESTION, THE OFFICER WOULD NOT BE ENTITLED TO AN ALLOWANCE UNDER THE FIRST PROVISO OF SECTION 2 RELATING TO RESERVE OFFICERS, AND SINCE HIS APPOINTMENT IN THE REGULAR ARMY WOULD NOT HAVE BEEN ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, HE WOULD NOT COME WITHIN THE ENACTING CLAUSE OF SECTION 2, NOR WOULD HIS APPOINTMENT IN THE REGULAR ARMY BE HIS ORIGINAL COMMISSION IN THE ARMY OF THE UNITED STATES OR IN ANY COMPONENT THEREOF. THIS QUESTION IS ANSWERED IN THE NEGATIVE.

16. WOULD THE ANSWER TO QUESTION 15 BE DIFFERENT IF THE OFFICER CONCERNED HAD COMPLETED ONE OR TWO PERIODS OF ACTIVE DUTY OF LESS THAN THREE MONTHS UNDER HIS RESERVE COMMISSION?

THIS QUESTION IS ANSWERED IN THE NEGATIVE.

17. WOULD THE ANSWER TO QUESTIONS 1, 3, 4, 5, 6, AND 7, ABOVE, BE AFFECTED BY THE FACT AS TO WHETHER AN OFFICER, COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WAS ACCEPTED FOR ACTIVE DUTY IN EXCESS OF THREE MONTHS PRIOR TO, OR SUBSEQUENT TO, SEPTEMBER 26, 1941?

ANSWERS TO THIS QUESTION HAVE BEEN MADE UNDER THE RESPECTIVE QUESTIONS STATED.

18. DOES THE FACT THAT THE FIRST APPOINTMENT OF A RESERVE OFFICER, COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WAS ABOVE THE GRADE OF CAPTAIN, PREVENT HIM FROM RECEIVING THE ALLOWANCE, IF HE IS OTHERWISE ENTITLED THERETO?

NO. SEE ANSWER TO QUESTION NO. 2 ABOVE.

19. DOES THE FACT THAT A RESERVE OFFICER, WHO WAS FIRST APPOINTED BELOW THE GRADE OF MAJOR PRIOR TO SEPTEMBER 26, 1941, WAS PROMOTED TO, OR RECEIVED A NEW APPOINTMENT IN, A GRADE ABOVE THE GRADE OF CAPTAIN PRIOR TO SEPTEMBER 26, 1941, PREVENT HIM FROM RECEIVING THE ALLOWANCE, IF HE IS OTHERWISE ENTITLED THERETO?

NO. SEE ANSWER TO PRECEDING QUESTION. HOWEVER, THE TOTAL IN ANY EVENT MAY NOT EXCEED $150 UNDER ALL APPOINTMENTS.

20. WOULD THE ANSWER TO QUESTION 19 BE DIFFERENT IF THE OFFICER CONCERNED WAS PROMOTED TO, OR RECEIVED A NEW APPOINTMENT IN, A GRADE ABOVE THE GRADE OF CAPTAIN SUBSEQUENT TO SEPTEMBER 26, 941?

IF OTHERWISE WITHIN THE FIRST PROVISO OF SECTION 2, HAVING BEEN A RESERVE OFFICER CONTINUOUSLY UNDER COMMISSIONS BOTH PRIOR AND SUBSEQUENT TO SEPTEMBER 26, 1941, HIS PROMOTION SUBSEQUENT TO THAT DATE WOULD NOT TAKE HIM OUT OF THE BENEFITS OF THE ACT. HOWEVER, IF SEPARATED AND SUBSEQUENTLY GIVEN A NEW APPOINTMENT IN THE GRADE OF MAJOR OR ABOVE AFTER SEPTEMBER 26, 1941, HE WOULD NOT HAVE BEEN ON MARCH 9, 1942, AN OFFICER BELOW THE GRADE OF MAJOR UNDER THE ENACTING CLAUSE AND HE WOULD NOT BE AN OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, UNDER THE FIRST PROVISO.