B-27272, FEBRUARY 11, 1943, 22 COMP. GEN. 788

B-27272: Feb 11, 1943

Additional Materials:

Contact:

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

 

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

TO THE UNIFORM ALLOWANCE AUTHORIZED BY THE ACT OF THAT DATE FOR PERSONNEL OF THE ARMY OF THE UNITED STATES ON ACTIVE DUTY ON OR AFTER THAT DATE WHO WERE ON ACTIVE DUTY ON APRIL 3. OR WERE THEREAFTER ACCEPTED FOR ACTIVE DUTY. WHO WERE ENTITLED TO PAY OF THE FIRST. IS NOT AFFECTED BY THE FACT THAT AFTER ACCEPTANCE FOR ACTIVE DUTY ON APRIL 14. HE BECAME ENTITLED TO THE PAY OF THE FOURTH PERIOD AND WAS SUBSEQUENTLY RELEASED AND THEREAFTER RECALLED TO ACTIVE DUTY WHILE ENTITLED TO THE FOURTH PERIOD PAY. AS FOLLOWS: YOUR DECISION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO MAKE PAYMENT ON THE ENCLOSED VOUCHER IN FAVOR OF: CAPT. WAS RELIEVED FROM ACTIVE DUTY ON JUNE 29. BECAUSE HE WAS FOUND TO BE PHYSICALLY DISQUALIFIED.

B-27272, FEBRUARY 11, 1943, 22 COMP. GEN. 788

UNIFORM ALLOWANCE - ARMY OFFICER RECEIVING PAY OF THIRD PERIOD ADVANCED TO PAY OF FOURTH PERIOD THE RIGHT OF AN ARMY OFFICER ON ACTIVE DUTY ON DECEMBER 4, 1942, TO THE UNIFORM ALLOWANCE AUTHORIZED BY THE ACT OF THAT DATE FOR PERSONNEL OF THE ARMY OF THE UNITED STATES ON ACTIVE DUTY ON OR AFTER THAT DATE WHO WERE ON ACTIVE DUTY ON APRIL 3, 1939, OR WERE THEREAFTER ACCEPTED FOR ACTIVE DUTY, AND WHO WERE ENTITLED TO PAY OF THE FIRST, SECOND OR THIRD PERIOD ON APRIL 3, 1939, OR ON DATE OF ACCEPTANCE, IS NOT AFFECTED BY THE FACT THAT AFTER ACCEPTANCE FOR ACTIVE DUTY ON APRIL 14, 1942, AS A CAPTAIN ENTITLED TO PAY OF THE THIRD PERIOD, HE BECAME ENTITLED TO THE PAY OF THE FOURTH PERIOD AND WAS SUBSEQUENTLY RELEASED AND THEREAFTER RECALLED TO ACTIVE DUTY WHILE ENTITLED TO THE FOURTH PERIOD PAY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. R. L. SCOTT, U.S. ARMY, FEBRUARY 11, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 31, 1942, AS FOLLOWS:

YOUR DECISION IS REQUESTED AS TO WHETHER I AM AUTHORIZED TO MAKE PAYMENT ON THE ENCLOSED VOUCHER IN FAVOR OF: CAPT. CLARENCE W. HAPP,10117127, AC, AUS, IN THE AMOUNT OF $250.00, TO COVER ALLOWANCE FOR UNIFORM AND EQUIPMENT AUTHORIZED BY ACT OF CONGRESS ( PUBLIC LAW NO. 788, 77TH CONGRESS) APPROVED DECEMBER 4, 1942.

THE COPIES OF ORDERS ATTACHED TO THIS VOUCHER TO SUPPORT THIS CLAIM SHOW THAT CAPT. HAPP ENTERED ON ACTIVE DUTY ON APRIL 14, 1942, AND WAS RELIEVED FROM ACTIVE DUTY ON JUNE 29, 1942, BECAUSE HE WAS FOUND TO BE PHYSICALLY DISQUALIFIED. HE WAS AGAIN ORDERED TO ACTIVE DUTY ON AUGUST 27, 1942, AND HAS REMAINED ON ACTIVE DUTY SINCE THAT DATE.

FOR THE PERIOD APRIL 14, 1942 TO MAY 31, 1942, CAPT. HAPP WAS PAID UNDER THE THIRD PAY PERIOD. HOWEVER, UNDER THE ACT APPROVED DECEMBER 2, 1942, HE IS ENTITLED TO DRAW PAY UNDER THE FOURTH PAY PERIOD FOR THE PERIODS OF JUNE 1, 1942 TO JUNE 29, 1942, INCL., AND FROM AUGUST 27, 1942 TO THE PRESENT DATE.

UNDER THE UNIFORM ACT APPROVED DECEMBER 4, 1942, AN OFFICER PAID UNDER THE THIRD PAY PERIOD IS ENTITLED TO THE ALLOWANCE. HOWEVER, AN OFFICER PAID UNDER THE FOURTH PAY PERIOD IS NOT ENTITLED TO THE ALLOWANCE IF ENTRY ON ACTIVE DUTY WAS AFTER JUNE 1, 1942. SINCE CAPT. HAPP'S ENTRY ON ACTIVE DUTY THE SECOND TIME WAS SUBSEQUENT TO JUNE 1, 1942, AND WAS ENTITLED TO PAY UNDER THE FOURTH PAY PERIOD THE QUESTION ARISES AS TO WHETHER HE IS ENTITLED TO BE PAID THE ALLOWANCE BY HIS ENTRY FOR HIS FIRST TOUR OF ACTIVE DUTY ON APRIL 14, 1942, AT WHICH TIME HE WAS PAID IN THE THIRD PAY PERIOD.

CAPT. HAPP WAS ON ACTIVE DUTY ON THE DATE OF THE PASSAGE OF THE ACT OF DECEMBER 4, 1942.

THE VOUCHER REFERRED TO BY YOU WAS NOT RECEIVED WITH YOUR LETTER. HOWEVER, ON THE FACTS STATED, THE QUESTION WILL BE CONSIDERED.

THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, PUBLIC LAW 788, IS AS FOLLOWS:

THAT THE ACT OF MAY 14, 1940 (43 STAT. 212), THE ACT OF MARCH 9, 1942 ( PUBLIC LAW 492, SEVENTY-SEVENTH CONGRESS), AND ANY PROVISION OF ANY OTHER LAW AUTHORIZING THE PAYMENT OF A UNIFORM ALLOWANCE TO ANY PERSON UPON BEING APPOINTED A COMMISSIONED OR WARRANT OFFICER IN ANY COMPONENT OF THE ARMY OF THE UNITED STATES, ARE HEREBY REPEALED, BUT ANY PAYMENTS HERETOFORE MADE PURSUANT THERETO, IF OTHERWISE CORRECT, ARE HEREBY VALIDATED.

SEC. 2. EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN ALLOWANCE OF $250 FOR UNIFORMS AND EQUIPMENT IS HEREBY AUTHORIZED TO BE PAID TO THE FOLLOWING PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF:

(A) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN THE GRADE OF SECOND LIEUTENANT, FIRST LIEUTENANT, OR CAPTAIN, AND ENTITLED TO THE PAY OF THE FIRST, SECOND, OR THIRD PAY PERIODS ON APRIL 3, 1939, OR AT THE TIME OF SUCH ACCEPTANCE FOR ACTIVE DUTY; AND

(B) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN ANY TEMPORARY OR PERMANENT GRADE OF WARRANT OFFICER (INCLUDING ANY PERSON APPOINTED FLIGHT OFFICER), EXCEPT THAT OF A CHIEF WARRANT OFFICER ENTITLED TO RECEIVE THE BASE PAY AND ALLOWANCES PROVIDED FOR OFFICERS OF THE FOURTH PAY PERIOD.

SEC. 3. (A) THE UNIFORM ALLOWANCE AUTHORIZED IN SECTION 2 HEREOF SHALL NOT BE PAID MORE THAN ONCE TO ANY PERSON WITHOUT REGARD TO APPOINTMENT IN OR PROMOTION TO A GRADE FOR WHICH THE ALLOWANCE IS AUTHORIZED.

(B) ANY UNIFORM ALLOWANCE HERETOFORE PAID UNDER THE PROVISIONS OF THE ACT OF MAY 14, 1940 (54 STAT. 212), THE ACT OF MARCH 9, 1942 ( PUBLIC LAW 492, SEVENTY-SEVENTH CONGRESS), SECTION 4 OF THE ACT OF JUNE 3, 1941 ( PUBLIC LAW 97, SEVENTY-SEVENTH CONGRESS), OR SECTION 6 OF THE ACT OF JULY 8, 1942 ( PUBLIC LAW 658, SEVENTY-SEVENTH CONGRESS), TO ANY PERSON ENTITLED TO A UNIFORM ALLOWANCE UNDER THIS ACT, SHALL BE DEDUCTED FROM THE ALLOWANCE PAYABLE UNDER SECTION 2 HEREOF AND ONLY THE DIFFERENCE PAID TO THE PERSON ENTITLED THERETO. THE CERTIFICATES OF OFFICERS OR WARRANT OFFICERS, INCLUDING FLIGHT OFFICERS, OF THE ARMY OF THE UNITED STATES RELATING TO FACTS REGARDING PAYMENTS RECEIVED UNDER THE ACTS HEREIN CITED SHALL BE ACCEPTED AS SUPPORTING SUCH FACTS AS STATED WITHOUT THE NECESSITY OF OTHER SUPPORTING EVIDENCE.

(C) THE UNIFORM ALLOWANCE AUTHORIZED IN SECTION 2 HEREOF SHALL NOT BE PAID TO ANY GRADUATE OF THE UNITED STATES MILITARY ACADEMY.

SEC. 4. THE UNIFORM ALLOWANCE AUTHORIZED BY THIS ACT SHALL BE PAYABLE ONLY TO PERSONS NOW SERVING ON ACTIVE DUTY IN THE ARMY OF THE UNITED STATES OR WHO HEREAFTER SERVE ON ACTIVE DUTY THEREIN AT ANY TIME DURING THE PERIOD OF THE WARS IN WHICH THE UNITED STATES IS NOW ENGAGED AND FOR SIX MONTHS THEREAFTER.

SECTION 2 (A) OF H.R. 7768, 77TH CONGRESS (WHICH BECAME PUBLIC LAW 788), AS ORIGINALLY INTRODUCED, PROVIDED FOR PAYMENT OF THE $250 UNIFORM ALLOWANCE (SUBJECT TO THE OTHER CONDITIONS SPECIFIED) TO "ANY PERSON ON ACTIVE DUTY ON THE DATE OF APPROVAL OF THIS ACT, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN THE GRADE OF SECOND LIEUTENANT, FIRST LIEUTENANT, OR CAPTAIN, AND ENTITLED TO THE PAY OF THE FIRST, SECOND, OR THIRD PAY PERIODS; * * *"

THE ABOVE LANGUAGE WAS AMENDED BY THE HOUSE COMMITTEE ON MILITARY AFFAIRS SO AS TO READ AS FINALLY ENACTED AS SECTION 2 (A) OF THE ACT OF DECEMBER 4, 1942; AND IN EXPLANATION OF THIS AMENDMENT IT WAS STATED IN THE REPORT OF THAT COMMITTEE (SEE HOUSE REPORT NO. 2639, 77TH CONGRESS, 2D SESSION):

OFFICERS AND WARRANT OFFICERS WHO ON APRIL 3, 1939, OR AT THE TIME OF ENTRANCE UPON ACTIVE DUTY UNDER THEIR COMMISSIONS OR WARRANTS, WERE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF THE FOURTH OR HIGHER PAY PERIOD ARE EXCLUDED, BECAUSE YOUR COMMITTEE BELIEVES THAT SUCH PERSONS SUFFER NO UNDUE FINANCIAL HARDSHIP IN BEING REQUIRED TO PROCURE THE NECESSARY UNIFORMS AT THEIR OWN EXPENSE. ALTHOUGH SOME PERSONS NOW ENTITLED TO RECEIVE THE PAY OF THE FOURTH OR HIGHER PAY PERIOD ARE ENTITLED TO THE ALLOWANCE AUTHORIZED IN THE MEASURE, YOUR COMMITTEE FEELS THAT THIS IS JUST BECAUSE IT IS BELIEVED THAT ALL PERSONS WHO ARE NOT ENTITLED TO THE PAY OF THE FOURTH OR HIGHER PAY PERIOD UPON ENTRANCE UPON ACTIVE DUTY SHOULD BE ENTITLED TO RECEIVE THE ALLOWANCE, AND THAT SUBSEQUENT PROMOTION SHOULD NOT PREJUDICE THAT RIGHT. MOREOVER, MANY RESERVE OFFICERS NOW SERVING IN THE GRADE OF MAJOR OR HIGHER RECEIVE THE ALLOWANCES AUTHORIZED UNDER EXISTING LAW, WHILE OTHER OFFICERS WHO ENTERED UPON ACTIVE DUTY IN A LOWER GRADE AND WHO, ARE NOW SERVING IN A HIGHER GRADE WERE NOT ELIGIBLE TO RECEIVE THE ALLOWANCES.

IN THE INSTANT CASE IT IS STATED THAT CAPTAIN HAPP ENTERED ON ACTIVE DUTY APRIL 14, 1942, AND THAT FROM THAT DATE UNTIL MAY 31, 1942, HE WAS ENTITLED TO PAY OF THE THIRD PERIOD. IT IS FURTHER STATED THAT THE OFFICER WAS ON ACTIVE DUTY ON DECEMBER 4, 1942, THE DATE OF APPROVAL OF THE SAID ACT.

HAVING BEEN ACCEPTED FOR ACTIVE DUTY SUBSEQUENT TO APRIL 3, 1939, AS A CAPTAIN ENTITLED TO PAY OF THE THIRD PERIOD, THE OFFICER COMES WITHIN THE PROVISIONS OF SECTION 2 (A) OF THE ACT OF DECEMBER 4, 1942, AND THE FACT THAT HE WAS SUBSEQUENTLY RELEASED AND THEREAFTER RECALLED TO ACTIVE DUTY WHILE ENTITLED TO FOURTH PERIOD PAY DOES NOT AFFECT HIS RIGHTS TO THE UNIFORM ALLOWANCE.

ON THE FACTS STATED IN YOUR LETTER, PAYMENT OF THE UNIFORM ALLOWANCE PROVIDED FOR UNDER THE ACT OF DECEMBER 4, 1942, ON A DULY EXECUTED VOUCHER IN FAVOR OF CAPTAIN HAPP, IS AUTHORIZED, IF OTHERWISE CORRECT.