B-28099, B-28102, SEPTEMBER 9, 1942, 22 COMP. GEN. 201

B-28099,B-28102: Sep 9, 1942

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UNIFORM AND EQUIPMENT ALLOWANCE - ARMY OFFICERS A PERIOD OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS WHICH WAS COMMENCED BY A MEMBER OF THE OFFICERS' RESERVE CORPS BUT NOT COMPLETED BECAUSE OF THE PHYSICAL UNFITNESS OF THE OFFICER IS NOT REQUIRED TO BE COUNTED AS ONE OF THE ACTIVE DUTY TRAINING PERIODS OF 3 MONTHS OR LESS A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9. A PERSON WHO WAS COMMISSIONED SUBSEQUENT TO SEPTEMBER 26. IN THE ARMY OF THE UNITED STATES AFTER HAVING PREVIOUSLY HELD A COMMISSION IN THE OFFICERS' RESERVE CORPS OR IN THE REGULAR ARMY IS NOT ENTITLED.

B-28099, B-28102, SEPTEMBER 9, 1942, 22 COMP. GEN. 201

UNIFORM AND EQUIPMENT ALLOWANCE - ARMY OFFICERS A PERIOD OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS WHICH WAS COMMENCED BY A MEMBER OF THE OFFICERS' RESERVE CORPS BUT NOT COMPLETED BECAUSE OF THE PHYSICAL UNFITNESS OF THE OFFICER IS NOT REQUIRED TO BE COUNTED AS ONE OF THE ACTIVE DUTY TRAINING PERIODS OF 3 MONTHS OR LESS A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, UPON ACCEPTANCE FOR EXTENDED ACTIVE DUTY. A PERSON WHO WAS COMMISSIONED SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE ARMY OF THE UNITED STATES AFTER HAVING PREVIOUSLY HELD A COMMISSION IN THE OFFICERS' RESERVE CORPS OR IN THE REGULAR ARMY IS NOT ENTITLED, UPON BEING ACCEPTED FOR EXTENDED ACTIVE DUTY, TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR PERSONS ORIGINALLY COMMISSIONED ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE ARMY OF THE UNITED STATES. A PERSON WHO WAS ACCEPTED PRIOR TO SEPTEMBER 26, 1941, FOR EXTENDED ACTIVE DUTY AS AN OFFICERS' RESERVE CORPS OFFICER BUT WHO, SUBSEQUENT TO SEPTEMBER 26, 1941, AND PRIOR TO MARCH 9, 1942, ACCEPTED A COMMISSION IN THE REGULAR ARMY IS NOT SERVING UNDER AN ORIGINAL COMMISSION SO AS TO ENTITLE HIM TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR OFFICERS ORIGINALLY COMMISSIONED SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE ARMY OF THE UNITED STATES OR CERTAIN COMPONENTS THEREOF; NOR IS HE ENTITLED TO THE ALLOWANCE AUTHORIZED BY SAID SECTION FOR OFFICERS' RESERVE CORPS OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941. A PERIOD OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS AS A MEMBER OF THE NATIONAL GUARD IS NOT REQUIRED TO BE COUNTED BY AN OFFICERS' RESERVE CORPS OFFICER AS ONE OF THE ACTIVE DUTY TRAINING PERIODS OF 3 MONTHS OR LESS A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, UPON ACCEPTANCE FOR EXTENDED ACTIVE DUTY. MEMBERSHIP OF A PERSON IN THE NATIONAL GUARD INTERVENING BETWEEN TWO SEPARATE COMMISSIONS IN THE OFFICERS' RESERVE CORPS DOES NOT AFFECT HIS RIGHTS AS AN OFFICERS' RESERVE CORPS OFFICER TO THE UNIFORM AND EQUIPMENT ALLOWANCES AUTHORIZED FOR SUCH OFFICERS BY THE ACT OF MAY 14, 1940, AS AMENDED, FOR THE ACTIVE DUTY TRAINING PERIODS "FOLLOWING THEIR ORIGINAL APPOINTMENT" MENTIONED THEREIN, OR TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR SUCH AN OFFICER WHO IS ACCEPTED FOR EXTENDED ACTIVE DUTY AND WHO HAS NOT COMPLETED HIS FIRST 3 PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS "FOLLOWING HIS ORIGINAL APPOINTMENT.' A NATIONAL GUARD OFFICER WHO HAS SERVED ON ACTIVE DUTY SINCE SEPTEMBER 16, 1940, IN HIS CAPACITY AS SUCH AN OFFICER IS NOT ENTITLED TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR PERSONS ORIGINALLY COMMISSIONED ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE ARMY OF THE UNITED STATES, AND FOR OFFICERS' RESERVE CORPS OFFICERS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941. AN ACTIVE DUTY TRAINING PERIOD OF 3 MONTHS OR LESS COMPLETED BY AN OFFICERS' RESERVE CORPS OFFICER, EVEN THOUGH SUCH PERIOD BE IMMEDIATELY FOLLOWED BY EXTENDED ACTIVE DUTY, IS REQUIRED TO BE COUNTED AS ONE OF THE ACTIVE DUTY TRAINING PERIODS OF 3 MONTHS OR LESS A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, UPON ACCEPTANCE FOR EXTENDED ACTIVE DUTY. A PERSON COMMISSIONED IN THE ARMY OF THE UNITED STATES SUBSEQUENT TO SEPTEMBER 26, 1941, WHO PREVIOUSLY HAD HELD A COMMISSION IN THE MARINE CORPS RESERVE IS ENTITLED, UPON ACCEPTANCE FOR EXTENDED ACTIVE DUTY, TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, FOR PERSONS ORIGINALLY COMMISSIONED ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, IN THE ARMY OF THE UNITED STATES. THE RIGHT OF AN OFFICER IN THE ARMY OF THE UNITED STATES OR IN THE OFFICERS' RESERVE CORPS TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY THE ACT OF MARCH 9, 1942, IS NOT AFFECTED, INSOFAR AS SUCH RIGHT DEPENDS UPON WHETHER OR NOT HIS COMMISSION IS AN ORIGINAL ONE, BY COMMISSIONED SERVICE IN THE WORLD WAR (1917-18) IN ANY COMPONENT OF THE ARMY OF THE UNITED STATES EXCEPT THE REGULAR ARMY. THE RIGHT OF AN OFFICERS' RESERVE CORPS OFFICER ON EXTENDED ACTIVE DUTY TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, IS NOT AFFECTED BY THE FACT THAT HE PERFORMED ONE YEAR OF ACTIVE DUTY FROM JUNE 1, 1936, TO MAY 31, 1937. WHERE AN OFFICERS' RESERVE CORPS OFFICER PERFORMED CONTINUOUS ACTIVE DUTY FROM JUNE 13, 1934, TO SEPTEMBER 30, 1935, WITH THE CIVILIAN CONSERVATION CORPS, ALTHOUGH UNDER SEPARATE ORDERS FOR PERIODS OF 3 MONTHS OR LESS, NO PERIOD OF SUCH SERVICE IS TO BE COUNTED AS AN ACTIVE DUTY TRAINING PERIOD OF 3 MONTHS OR LESS, A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, UPON, ACCEPTANCE FOR EXTENDED ACTIVE DUTY. THE RIGHT OF AN OFFICERS' RESERVE CORPS OFFICER ON EXTENDED ACTIVE DUTY TO THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED BY SECTION 2 OF THE ACT OF MARCH 9, 1942, IS NOT AFFECTED BY THE FACT THAT SUCH PERIOD OF EXTENDED ACTIVE DUTY COMMENCED ON JULY 16, 1939. A PERIOD OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS COMPLETED BY AN OFFICERS' RESERVE CORPS OFFICER IN THE SAME FISCAL YEAR HE HAD COMPLETED A PRIOR SIMILAR TRAINING PERIOD IS NOT TO BE COUNTED AS ONE OF THE ACTIVE DUTY TRAINING PERIODS OF 3 MONTHS OR LESS A TOTAL OF 3 OF WHICH COMPLETED IN SEPARATE FISCAL YEARS WOULD PRECLUDE THE OFFICER FROM RECEIVING THE UNIFORM AND EQUIPMENT ALLOWANCE AUTHORIZED FOR SUCH OFFICERS BY SECTION 2 OF THE ACT OF MARCH 9, 1942, UPON ACCEPTANCE FOR EXTENDED ACTIVE DUTY.

DECISION BY ASSISTANT COMPTROLLER GENERAL ELLIOTT, SEPTEMBER 9, 1942:

THERE HAVE BEEN RECEIVED FROM SEVERAL ARMY DISBURSING OFFICERS REQUESTS FOR DECISIONS AS TO THE PROPRIETY OF PAYMENT OF THE $150 UNIFORM AND EQUIPMENT ALLOWANCE UNDER THE ACT OF MARCH 9, 1942, PUBLIC LAW 492, TO OFFICERS OF THE ARMY UNDER VARIOUS SITUATIONS AND CONDITIONS OF SERVICES.

THE ACT OF MARCH 9, 1942, PUBLIC LAW 492, 56 STAT. 148, 149, 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).

PRELIMINARY TO CONSIDERATION OF THE PARTICULAR CASES IT IS PROPER TO POINT OUT THAT (1) THE ACT IN SECTION 1 IS LIMITED TO MEMBERS OF THE OFFICERS' RESERVE CORPS; (2) THAT THE ENACTING CLAUSE OF SECTION 2 RELATES ONLY TO PERSONS ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR IN THE ARMY OF THE UNITED STATES OR ITS COMPONENTS AS THEREIN PROVIDED SUBSEQUENT TO SEPTEMBER 26, 1941, AND THEREFORE EXCLUDES ALL OFFICERS OF THE NATIONAL GUARD COMMISSIONED THEREIN PRIOR TO THAT DATE; AND (3) THAT IN THE FIRST PROVISO IN SECTION 2 OFFICERS OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941, WITHOUT LIMITATION AS TO RANK OR GRADE, IF OTHERWISE WITHIN THE TERMS OF THE ACT, ARE INCLUDED.

THIS BARE STATEMENT INDICATES THE ACT IS PRIMA FACIE DISCRIMINATORY AND DOES NOT OPERATE UNIFORMLY AS TO ALL OFFICERS OF THE ARMY OF THE UNITED STATES COMING TO DUTY FROM CIVIL LIFE AND NOW IN THE SERVICE AND THAT AS TO OFFICERS NOT ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR ON OR AFTER SEPTEMBER 26, 1941, IT IS MORE BENEFICIAL TO MEMBERS OF THE OFFICERS' RESERVE CORPS THAN TO OFFICERS OF OTHER COMPONENTS. IT IS UNDERSTOOD THAT THE PROPONENT OF THE BILL WHICH BECAME THE ACT WAS THE ASSOCIATION COMPOSED OF MEMBERS OF THE OFFICERS' RESERVE CORPS. PRESUMABLY THE APPARENT INEQUALITIES PRODUCED BY THE ACT WERE BELIEVED BY THE CONGRESS TO BE APPROPRIATE, AND THIS OFFICE IS NOT TO BE UNDERSTOOD AS CRITICAL OF THE ACT; BUT IT MUST BE GIVEN APPLICATION ACCORDING TO ITS TERMS. IT WILL BE EVIDENT, THEREFORE, THAT IT IS NOT THE DECISIONS INTERPRETING THE ACT BUT THE ACT ITSELF WHICH HAS GIVEN RISE TO COMPLAINTS AS TO INEQUALITY AND DISCRIMINATION BY MANY OFFICERS RECEIVING NO BENEFIT UNDER THE ACT.

THE ORIGIN OF THE REQUEST, THE NAME OF THE CLAIMING OFFICER AND THE FACTS UPON WHICH THE CLAIM IS BASED WILL BE CONSIDERED INDIVIDUALLY.

B-27271

MAJ. I. S. WERMAN, F.D., U.S. ARMY, SPRINGFIELD, MASS., PRESENTS A VOUCHER IN FAVOR OF FIRST LIEUTENANT M. T. MAYES FOR $150.

IT APPEARS THAT MATTHEW T. MAYES ACCEPTED APPOINTMENT AS SECOND LIEUTENANT, CAVALRY, OFFICERS' RESERVE CORPS, ON JUNE 1, 1931; IS NOW A FIRST LIEUTENANT, CAVALRY-RESERVE, AND SINCE HIS ORIGINAL APPOINTMENT HAS HAD THE FOLLOWING PERIODS OF ACTIVE DUTY:

FROM JUNE 17, 1931, TO JUNE 30, 1931.

FROM JULY 7, 1935, TO JULY 20, 1935.

FROM JUNE 12, 1938, TO JUNE 13, 1938. HE STATES HE WAS RELIEVED FROM ACTIVE DUTY, EFFECTIVE JUNE 13, 1938, BECAUSE OF A PHYSICAL DISABILITY DISCOVERED ON BEING EXAMINED FOR ACTIVE DUTY.

BY PARAGRAPH 127 OF WAR DEPARTMENT SPECIAL ORDERS NO. 248, DATED OCTOBER 23, 1941, THIS OFFICER BY DIRECTION OF THE PRESIDENT UNDER AUTHORITY OF PUBLIC RESOLUTION 96, APPROVED AUGUST 27, 1940, 54 STAT. 858, WAS ORDERED TO ACTIVE DUTY WITH THE ORDNANCE DEPARTMENT, EFFECTIVE NOVEMBER 6, 1941, AND PRESUMABLY IS STILL ON ACTIVE DUTY UNDER THE TERMS OF THESE ORDERS.

QUESTION 3, CONSIDERED IN DECISION B-25104, DATED MAY 21, 1942, 21 COMP. GEN. 1026, AND THE ANSWER THERETO, ARE AS FOLLOWS:

"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 BENEFIT OF ITS PROVISIONS. SEE 20 COMP. GEN. 37, STATEMENT NO. 3. QUESTION 3 IS ANSWERED YES.

THE ONLY QUESTION PRESENTED IN THE SUBMISSION IS WHETHER THE ACTIVE DUTY TRAINING FOR THE PERIOD JUNE 12 TO JUNE 13, 1938, CONSTITUTED A PERIOD OF "ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS" SINCE IF HE HAD COMPLETED THREE SUCH PERIODS HE IS NOT ENTITLED TO ANY PAYMENT UNDER THE ACT OF MARCH 9, 1942.

IN CONSIDERING THE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS UNDER THE ACT OF MAY 14, 1940, 54 STAT. 212, IT WAS HELD, 20 COMP. GEN. 37, STATEMENT NO. 5 ON PAGE 38, THAT THE PERIOD OF TRAINING FOR WHICH ORDERED MUST BE COMPLETED. THAT IS, IF AN OFFICER IS ORDERED TO 14 DAYS OF ACTIVE DUTY TRAINING AND BECAUSE OF PHYSICAL UNFITNESS OR OTHER CAUSE IS RELIEVED FROM DUTY EARLIER THAN THE END OF THE PERIOD FOR WHICH ORDERED, NO PAYMENT UNDER THE ACT OF MAY 14, 1940, WAS AUTHORIZED. ORDERS WERE FURNISHED IN THE INSTANT CASE TO SHOW THE CONTEMPLATED DURATION OF THE ACTIVE DUTY TRAINING WHICH WAS TO BEGIN JUNE 12, 1938, BUT, IF THE FACTS ARE AS STATED THE RELEASE OF THIS RESERVE OFFICER THE NEXT DAY, DUE TO PHYSICAL UNFITNESS, DID NOT REPRESENT A COMPLETE PERIOD OF TRAINING DUTY TO WHICH ORDERED. THE REPORTED FACTS IN THIS CASE DIFFER FROM THE FACTS IN DECISION B-15608, DATED MARCH 29, 1941.

OBSERVE THAT THE FIRST PROVISO OF SECTION 2 IS APPLICABLE TO ANY OFFICER OF THE OFFICERS' RESERVE CORPS WHO HAS RECEIVED ANY ALLOWANCE UNDER THE ACT OF MAY 14, 1940, AS ORIGINALLY APPROVED, OR WHO WOULD HAVE BEEN ENTITLED TO RECEIVE SUCH ALLOWANCE IF HE HAD COMPLETED ANY DUTY PRESCRIBED IN THE SAID ACT (WITH LIMITATIONS NOT HERE MATERIAL) AND THAT HE---

* * * 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 * * * AS AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT SHALL BE DEDUCTED FROM THE AMOUNT PAYABLE TO HIM UNDER THIS SECTION. * * * ( ITALICS SUPPLIED.) IT IS THE AMOUNT STATED IN SECTION 2, $150, THAT IS AUTHORIZED TO BE PAID, SUBJECT TO DEDUCTION OF ANY SUM PAID UNDER SECTION 1 OF THE ACT, WHICH IS INTERPRETED AS INCLUSIVE OF THE ACT OF MAY 14, 1940, OF WHICH THE SECTION IS AN AMENDMENT.

ON THE ASSUMPTION THAT THE REPORTED SERVICE OF THIS OFFICER REPRESENTS ALL OF HIS ACTIVE DUTY TRAINING, HE HAS COMPLETED ONLY TWO PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS PRIOR TO MAY 14, 1940, AND ON THE AUTHORITY OF B-25104, HE IS ENTITLED UNDER THE FIRST PROVISO OF SECTION 2 OF PUBLIC LAW 492 TO PAYMENT OF $150 UNIFORM AND EQUIPMENT ALLOWANCE PROVIDED HE HAS NOT BEEN PAID ANY SUM FOR THIS PURPOSE UNDER THE ACT OF MAY 14, 1940. THIS VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL WERMAN FOR PAYMENT IN ACCORDANCE HEREWITH, IF OTHERWISE CORRECT.

B-27272

COL. J. L. TUNSTALL, F.D., U.S. ARMY, FORT DOUGLAS, UTAH, PRESENTS A VOUCHER IN FAVOR OF CAPTAIN CLARENCE W. HAPP FOR $150.

IT APPEARS THAT FOLLOWING WORLD WAR SERVICE FROM FEBRUARY 26, 1918, TO FEBRUARY 3, 1919, CLARENCE W. HAPP WAS ORIGINALLY APPOINTED FIRST LIEUTENANT, AIR-1RESERVE, OCTOBER 7, 1919, AND THAT HE ACCEPTED APPOINTMENT ON NOVEMBER 7, 1919. IT APPEARS FURTHER, THAT HE PERFORMED ONE PERIOD OF ACTIVE DUTY TRAINING FROM JULY 7 TO JULY 20, 1929, THAT HIS APPOINTMENT AS A FIRST LIEUTENANT, AIR-1RESERVE WAS TERMINATED MAY 22, 1939, AND THAT HE WAS APPOINTED CAPTAIN IN THE ARMY OF THE UNITED STATES MARCH 28, 1942. BY PARAGRAPH 39 OF WAR DEPARTMENT SPECIAL ORDERS 82, DATED MARCH 31, 1942, THIS OFFICER WAS ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 14, 1942. THIS OFFICER'S APPOINTMENT IN THE ARMY OF THE UNITED STATES MARCH 28, 1942, WAS NOT AN ORIGINAL COMMISSION WHICH ENTITLED HIM TO THE BENEFITS OF THE ENACTING CLAUSE OF SECTION 2 OF PUBLIC LAW 492. NOR WAS HE AN OFFICER IN THE OFFICERS' RESERVE CORPS FOLLOWING TERMINATION OF HIS APPOINTMENT MAY 22, 1939.

ON THE BASIS OF THE RECORD PRESENTED WITH THE VOUCHER, CAPTAIN HAPP IS NOT ENTITLED TO ANY BENEFITS OF PUBLIC LAW 492. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

B-27654

LT. COL. CARL WITCHER, F.D., U.S. ARMY, WASHINGTON, D.C., PRESENTS A VOUCHER IN FAVOR OF FIRST LIEUTENANT EDWIN A. DAVIS, AGD-RESERVE, FOR $150.

IT APPEARS THAT EDWIN A. DAVIS WAS ORIGINALLY COMMISSIONED A SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS MARCH 25, 1937, AND PERFORMED ACTIVE DUTY TRAINING AS FOLLOWS:

FROM AUGUST 7, 1938, TO AUGUST 20, 1938.

FROM JULY 23, 1939, TO AUGUST 5, 1939.

FROM JULY 1, 1940, TO JULY 5, 1940.

BY PARAGRAPH 1 OF SPECIAL ORDERS 194, DATED HEADQUARTERS FIRST MILITARY AREA, AUGUST 29, 1941, AND BY DIRECTION OF THE PRESIDENT UNDER AUTHORITY OF PUBLIC RESOLUTION 96 APPROVED AUGUST 27, 1940, FIRST LIEUTENANT DAVIS WAS ORDERED TO ACTIVE DUTY EFFECTIVE SEPTEMBER 1, 1941, AND PRESUMABLY IS STILL ON ACTIVE DUTY UNDER THESE ORDERS.

UNDER PARAGRAPH 1 OF SPECIAL ORDERS 86, DATED HEADQUARTERS FIRST MILITARY AREA, JUNE 14, 1940, LIEUTENANT DAVIS WAS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY EFFECTIVE JULY 1, 1940, AND, IF NOT SOONER RELIEVED, WOULD BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME JULY 14, 1940, ON WHICH DATE HE WOULD REVERT TO INACTIVE STATUS. PARAGRAPH 1 OF SPECIAL ORDERS 130, DATED HEADQUARTERS FORT NIAGARA, N.Y., JULY 11, 1940, PROVIDED AS FOLLOWS: 1. THE ACTION OF THE COMMANDING OFFICER, FORT NIAGARA, NEW YORK, OF 5 JULY, 1940, RELIEVING SECOND LIEUTENANT EDWIN A. DAVIS, 10354,192, ADJUTANT GENERAL'S DEPARTMENT RESERVE, FROM FURTHER ACTIVE DUTY AT THIS STATION, EFFECTIVE AT MIDNIGHT, 5 JULY, 1940, BECAUSE OF SERIOUS ILLNESS PREVENTING HIS RETURN TO THIS STATION FROM TEMPORARY ABSENCE AT HIS HOME AUTHORIZED VERBALLY BY THE SENIOR INSTRUCTOR OF HIS UNIT, HAVING BEEN APPROVED BY THE COMMANDING GENERAL, SECOND CORPS AREA (1ST ENDORSEMENT, 201-1DAVIS, EDWIN A. ORO, HEADQUARTERS SECOND CORPS AREA, 8 JULY, 1940, ON 201-1DAVIS, EDWIN A. ( RES), THIS HEADQUARTERS, 5 JULY, 1940, SUBJECT " RELIEF FROM ACTIVE DUTY") IS CONFIRMED AND MADE OF RECORD, THE CIRCUMSTANCES HAVING BEEN SUCH AS TO MAKE IMPRACTICABLE THE ISSUANCE OF ORDERS IN ADVANCE.

THE PERIOD JULY 1 TO JULY 5, 1940, DID NOT REPRESENT THE COMPLETION OF A PERIOD OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS. THIS OFFICER THUS HAD COMPLETED ONLY TWO PERIODS OF ACTIVE DUTY TRAINING OF LESS THAN 3 MONTHS IN SEPARATE FISCAL YEARS AND IS ENTITLED TO PAYMENT OF $150. SEE B-27271, CASE OF MAYES, SUPRA. THIS VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL CARL WITCHER FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT.

B-28053

LT. COL. J. C. CARTER, F.D., U.S. ARMY, FORT BENNING, GA., PRESENTS A VOUCHER IN FAVOR OF CAPT. VINCENT L. RUWET FOR $150.

THE DATA ATTACHED TO THIS VOUCHER INDICATES THAT RUWET WAS ORIGINALLY COMMISSIONED SECOND LIEUTENANT, INFANTRY RESERVE, JUNE 8, 1938; APPOINTED FIRST LIEUTENANT IN THE ARMY OF THE UNITED STATES FEBRUARY 1, 1942, AND APPOINTED SECOND LIEUTENANT IN THE REGULAR ARMY AND TEMPORARILY APPOINTED AS A FIRST LIEUTENANT IN THE ARMY OF THE UNITED STATES EFFECTIVE FEBRUARY 21, 1942, AND THAT HE ACCEPTED THE REGULAR ARMY APPOINTMENT FEBRUARY 26, 1942. THE ACTIVE DUTY IS SHOWN AS FOLLOWS:

FROM JUNE 14, 1938, TO JUNE 27, 1938.

FROM JULY 7, 1938, TO JUNE 30, 1939. THE OFFICER APPARENTLY HAS BEEN ON CONTINUOUS ACTIVE DUTY SINCE AUGUST 15, 1940, UNDER PARAGRAPH 17 OF SPECIAL ORDERS 186, DATED HEADQUARTERS FIRST CORPS AREA, AUGUST 8, 1940, PURSUANT TO DIRECTION OF THE PRESIDENT.

THE ACT OF MARCH 9, 1942, EFFECTIVE FROM THAT DATE, PROVIDES IN THE ENACTING CLAUSE OF SECTION 2 FOR PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCE TO ANY OFFICER ORIGINALLY COMMISSIONED BELOW THE GRADE OF MAJOR, ON OR SUBSEQUENT TO SEPTEMBER 26, 1941, AN OFFICER IN THE ARMY OF THE UNITED STATES, AND THE FIRST PROVISO APPLIES TO OFFICERS OF THE OFFICERS' RESERVE CORPS WHO WERE COMMISSIONED PRIOR TO SEPTEMBER 26, 1941. ON MARCH 9, 1942, LIEUTENANT RUWET WAS NOT AN OFFICER IN THE OFFICERS' RESERVE CORPS; HE WAS A FORMER OFFICER OF THE OFFICERS' RESERVE CORPS, BUT THE ACT IS NOT APPLICABLE TO THEM. ALSO, HIS APPOINTMENT IN THE REGULAR ARMY WAS NOT AN ORIGINAL COMMISSION AS CONTEMPLATED BY THE ENACTING CLAUSE OF SECTION 2. SEE THE ANSWER TO QUESTION 14 OF DECISION B-25104, DATED MAY 21, 1942. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

B-28060

LT. COL. CARL WITCHER, F.D., U.S. ARMY, WASHINGTON, D.C., PRESENTS A VOUCHER IN FAVOR OF CAPT. MARION W. DAY, CE-RES., FOR $150.

THE DATA PRESENTED WITH THIS VOUCHER INDICATES THAT THE OFFICER HELD A COMMISSION IN THE NATIONAL GUARD OF THE STATE OF VERMONT FROM DECEMBER 8, 1931, TO FEBRUARY 15, 1936, AND THAT DURING THAT PERIOD HE HAD THREE PERIODS OF ACTIVE DUTY TRAINING OF 3 MONTHS OR LESS IN SEPARATE FISCAL YEARS. IT APPEARS FURTHER THAT DAY ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS ON DECEMBER 7, 1936; PROMOTED TO FIRST LIEUTENANT, COAST ARTILLERY CORPS-- RESERVE, DATE NOT SHOWN, AND THAT HE PERFORMED ACTIVE DUTY TRAINING AS A MEMBER OF THE OFFICERS' RESERVE CORPS, AS FOLLOWS:

FROM NOVEMBER 28, 1937, TO DECEMBER 11, 1937.

FROM MARCH 26, 1939, TO APRIL 8, 1939.

BY PARAGRAPH 24 OF SPECIAL ORDERS 226, DATED HEADQUARTERS THIRD CORPS AREA, SEPTEMBER 17, 1940, THE OFFICER BY DIRECTION OF THE PRESIDENT WAS ORDERED TO ACTIVE DUTY EFFECTIVE SEPTEMBER 19, 1940, AND PRESUMABLY IS STILL ON ACTIVE DUTY. NEITHER THE ACT OF MAY 14, 1940, NOR THE ACT OF MARCH 9, 1942, WAS MADE APPLICABLE TO OFFICERS OF THE NATIONAL GUARD EXCEPT POSSIBLY NATIONAL GUARD OFFICERS WHO MAY HAVE BEEN, OR MAY BE, COMMISSIONED ON OR SUBSEQUENT TO SEPTEMBER 26, 1941 IN THE ARMY OF THE UNITED STATES. THE ACTIVE DUTY TRAINING PERFORMED AT THE NATIONAL GUARD ENCAMPMENTS DURING THE PERIOD THAT THIS OFFICER WAS A MEMBER OF THE NATIONAL GUARD DOES NOT CONSTITUTE ACTIVE DUTY TRAINING PERIODS WITHIN CONTEMPLATION OF PUBLIC LAW 492 AND MAY BE EXCLUDED FROM THE COMPUTATION. ON THE ASSUMPTION THAT THE OFFICER COMPLETED TWO PERIODS OF ACTIVE DUTY TRAINING AS A MEMBER OF THE OFFICERS' RESERVE CORPS, AS LISTED ABOVE, HE WOULD BE ENTITLED UNDER PUBLIC LAW 492 TO THE PAYMENT OF $150. SEE B- 27271, CASE OF MAYES, SUPRA. THE VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL WITCHER FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT.

B-28062

MAJ. M. A. BRAUDE, F.D., U.S. ARMY, MADISON BARRACKS, N.Y., PRESENTS A VOUCHER IN FAVOR OF SECOND LIEUTENANT JACQUES M. L-HOMME, INFANTRY RESERVE, FOR $150.

THE STATEMENT OF SERVICE OF LIEUTENANT L-HOMME ATTACHED TO THE VOUCHER IS AS FOLLOWS:

JACQUES MARCEL L-HOMME 10-267148

ACC. APPT. 2ND LT. INF. RES. 11/15/29. FEDERALLY RECOGNIZED 2ND LT., INF. NYNG 7/10/31. ACC. APPT. 2ND LT. INF. (BASED ON FEDERAL RECOGNITION) 9/18/31 WHICH TERMINATED 5/26/32.

HE AGAIN ACCEPTED APPOINTMENT AS 2ND LT. INF. RES. IN THE OFFICERS' RESERVE CORPS ON 8/1/32 AND IS NOW A 2ND LT. INF. RES. HE HAS HAD THE FOLLOWING PERIODS OF ACTIVE DUTY:

NONE

ORDERED TO EXTENDED ACTIVE DUTY EFFECTIVE

2/9/42.

SECTION 3 OF THE ACT OF JUNE 6, 1924, 43 STAT. 470, AMENDED SECTION 38 OF THE NATIONAL DEFENSE ACT TO PROVIDE THAT ALL OFFICERS APPOINTED RESERVE OFFICERS SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES AND THAT OFFICERS OF THE NATIONAL GUARD, FEDERALLY RECOGNIZED AS SUCH UNDER THE PROVISIONS OF THE NATIONAL DEFENSE ACT, WHO ARE APPOINTED RESERVE OFFICERS UNDER THE PROVISIONS OF SECTION 37 THEREOF SHALL BE APPOINTED FOR THE PERIOD DURING WHICH SUCH RECOGNITION SHALL CONTINUE IN EFFECT AND TERMINATING AT THE EXPIRATION THEREOF, IN LIEU OF THE 5 YEAR PERIOD THEREIN BEFORE PRESCRIBED, AND IN TIME OF PEACE SHALL BE GOVERNED BY SUCH SPECIAL REGULATIONS APPROPRIATE FOR THAT CLASS OF RESERVE OFFICERS AS THE SECRETARY OF WAR MAY PRESCRIBE. SECTION 38 WAS FURTHER AMENDED BY SECTION 4 OF THE ACT OF JUNE 15, 1933, 48 STAT. 153, 155, WHICH PROVIDED THAT ALL PERSONS APPOINTED OFFICERS IN THE NATIONAL GUARD OF THE UNITED STATES ARE RESERVE OFFICERS AND SHALL BE COMMISSIONED IN THE ARMY OF THE UNITED STATES. SECTION 3 OF THIS ACT, 48 STAT. 154, AMENDED SECTION 37 OF THE NATIONAL DEFENSE ACT WITH REFERENCE TO THE FURTHER ORGANIZATION OF THE OFFICERS' RESERVE CORPS. IT IS NOT CLEAR FROM THE " STATEMENT OF SERVICE" WHETHER IT WAS INTENDED TO IMPLY THAT NO ACTIVE DUTY WAS PERFORMED BY LIEUTENANT L HOMME FROM THE DATE OF HIS ACCEPTANCE OF THE ORIGINAL APPOINTMENT, NOVEMBER 15, 1929, INCLUDING THE PERIOD HE WAS AN OFFICER IN THE NEW YORK NATIONAL GUARD, OR WHETHER IT WAS INTENDED TO MEAN THAT NO ACTIVE DUTY HAD BEEN PERFORMED FOLLOWING HIS APPOINTMENT IN THE OFFICERS' RESERVE CORPS AUGUST 1, 1932. IN ANY EVENT, THE ACTIVE DUTY PERIODS DURING THE PERIOD OF FEDERAL RECOGNITION AS A NATIONAL GUARD OFFICER WOULD NOT BE INCLUDED AS PERIODS OF ACTIVE DUTY TRAINING AS A RESERVE OFFICER UNDER THE ACT OF MAY 14, 1940, OR THE ACT OF MARCH 9, 1942. WHILE THERE WAS AUTHORITY AT THE TIME FOR FEDERALLY RECOGNIZED NATIONAL GUARD OFFICERS TO BE APPOINTED AS RESERVE OFFICERS (SECTION 2 OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1033) ANY PERIODS OF ACTIVE DUTY AS NATIONAL GUARD OFFICERS WOULD NOT BE FOR CONSIDERATION IN DETERMINING RIGHTS TO THE UNIFORM AND EQUIPMENT ALLOWANCE UNDER THE 1940 OR 1942 ACTS AND SUCH INTERVENING STATUS AS A NATIONAL GUARD OFFICER WOULD NOT AFFECT ANY RIGHTS THE OFFICER MIGHT OTHERWISE RECEIVE AS AN OFFICER OF THE OFFICERS' RESERVE CORPS. THESE RIGHTS TO THE UNIFORM AND EQUIPMENT ALLOWANCE WOULD CONTINUE SO LONG AS CONDITIONS OF THE STATUTE HAVE BEEN MET.

PARAGRAPH 6 OF SPECIAL ORDERS 28, DATED HEADQUARTERS SECOND MILITARY AREA, FEBRUARY 2, 1942, SHOWS THAT BY ORDER OF THE PRESIDENT SECOND LIEUTENANT L-HOMME, INFANTRY-RESERVE, WAS ORDERED TO ACTIVE DUTY EFFECTIVE FEBRUARY 9, 1942, AND PRESUMABLY IS STILL ON ACTIVE DUTY IN PURSUANCE THEREOF.

IF IT BE A FACT THAT SECOND LIEUTENANT L-HOMME HAS NOT COMPLETED THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS DURING THE TIME HE HELD A COMMISSION IN THE OFFICERS' RESERVE CORPS, HE WOULD BE ENTITLED TO THE BENEFITS OF THE FIRST PROVISO OF SECTION 2 OF PUBLIC LAW 492. SEE ANSWER TO QUESTION 8 OF DECISION B-25104, AND THE DECISION B-15062, THEREIN REFERRED TO AS TO THE MEANING OF THE TERM "DURING THEIR ORIGINAL APPOINTMENT.' THIS VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO MAJOR BRAUDE FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT.

B-28078

LIEUTENANT COLONEL CARL WITCHER, F.D., U.S. ARMY, WASHINGTON, D.C., PRESENTS SIX VOUCHERS, EACH FOR $150 UNIFORM AND EQUIPMENT ALLOWANCE IN FAVOR OF THE FOLLOWING NAMED OFFICERS:

FIRST LT. FRANK A. PETITO, Q.M.C.

CAPT. JOHN N. DICK, C.W.S.

CAPT. JOSEPH M. HOWORTH, A.U.S.

FIRST LT. WALTER A. SIMON, A.U.S.

SECOND LT. KENNETH BERGER HEGGENHAUGEN, A.U.S.

CAPT. GEORGE EDWARD MCCABE, M.C.

THE VOUCHERS WILL BE CONSIDERED IN THE ORDER NAMED.

THE RECORDS INDICATE THAT FRANK A. PETITO, FOLLOWING SERVICE AS AN ENLISTED MAN IN THE ACTIVE AND INACTIVE NATIONAL GUARD OF THE STATE OF NEW JERSEY, WAS APPOINTED SECOND LIEUTENANT, NEW JERSEY NATIONAL GUARD, SEPTEMBER 11, 1940; FEDERALLY RECOGNIZED SEPTEMBER 16, 1940, AND PRESUMABLY WAS ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES SEPTEMBER 16, 1940, BY EXECUTIVE ORDER OF AUGUST 31, 1940, PURSUANT TO PUBLIC RESOLUTION 96 APPROVED AUGUST 27, 1940. THE FIRST PROVISO OF SECTION 2 OF PUBLIC LAW 492 IS MADE SPECIFICALLY APPLICABLE TO OFFICERS OF THE OFFICERS' RESERVE CORPS. ON THE PRESENT RECORD, IT APPEARS THAT LIEUTENANT PETITO IS NOT AN OFFICER OF THE OFFICERS' RESERVE CORPS COMMISSIONED PRIOR TO SEPTEMBER 26, 1941. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

IT APPEARS FROM THE RECORD PRESENTED THAT JOHN N. DICK WAS COMMISSIONED IN THE OFFICERS' RESERVE CORPS OCTOBER 3, 1931, AND HAS HAD THE FOLLOWING PERIODS OF ACTIVE DUTY:

FROM MAY 14 TO MAY 27, 1933.

FROM JULY 31 TO AUGUST 13, 1938.

FROM JUNE 9 TO JUNE 29, 1940.

FROM JUNE 30, 1940 TO JUNE 29, 1941.

IT IS NOT SHOWN THAT HE IS NOW ON ACTIVE DUTY.

THE FIRST THREE PERIODS OF ACTIVE DUTY TRAINING LISTED ABOVE WOULD PRECLUDE THE OFFICER FROM RECEIVING ANY PART OF THE $150 UNIFORM AND EQUIPMENT ALLOWANCE UNDER THE FIRST PROVISO OF SECTION 2 OF THE ACT OF MARCH 9, 1942 (SEE DECISION, B-25104, SUPRA), IF THE CONDITIONS OF THAT ACT HAVE BEEN MET. IT IS SUGGESTED THAT THE THIRD PERIOD WAS TERMINATED IN A CALL TO EXTENDED ACTIVE DUTY. BY PARAGRAPH 97 OF WAR DEPARTMENT SPECIAL ORDERS 133, DATED JUNE 6, 1940, THIS OFFICER WAS ORDERED TO ACTIVE DUTY EFFECTIVE JUNE 9, 1940, TO BE RELIEVED IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME ON JUNE 29, 1940. PARAGRAPH 43 OF WAR DEPARTMENT SPECIAL ORDERS 147, DATED JUNE 22, 1940, PROVIDED:

43. BY DIRECTION OF THE PRESIDENT, SECOND LIEUTENANT JOHN NICHOLAS DICK (O-289881), CHEMICAL WARFARE SERVICE RESERVE, NOW AT WASHINGTON, D.C., IS, WITH HIS CONSENT, ORDERED TO ACTIVE DUTY EFFECTIVE 30 JUNE, 1940. ON THAT DATE HE WILL REPORT IN PERSON TO THE CHIEF OF CHEMICAL WARFARE SERVICE, WASHINGTON, D.C., FOR DUTY. LIEUTENANT DICK WILL RANK FROM 11 MAY, 1940. HE WILL BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME, QUEENS, NEW YORK, ON 29 JUNE, 1941, ON WHICH DATE HE WILL REVERT TO INACTIVE STATUS. FD 1322 P15-0121A 1505 0 AND 1. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE FD 1322 P15-0621-0284-1378-0700-0730 A 1505-0 AND 1.

THE THIRD PERIOD OF ACTIVE DUTY TRAINING WAS COMPLETED AND THE OFFICER IS ENTITLED TO NOTHING. SEE DECISION B-15608, DATED MARCH 29, 1941. PAYMENT OF THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

THE OFFICIAL STATEMENT OF SERVICE ATTACHED TO THE VOUCHER IN FAVOR OF JOSEPH M. HOWORTH IS TO THE EFFECT THAT HE WAS APPOINTED A SECOND LIEUTENANT, UNITED STATES MARINE CORPS RESERVE, SEPTEMBER 27, 1926, ACCEPTED OCTOBER 12, 1926, AND THAT HE RESIGNED MARCH 22, 1929. HE WAS APPOINTED CAPTAIN IN THE ARMY OF THE UNITED STATES OCTOBER 15, 1941, ACCEPTED THE SAME DAY, AND IS NOW ON ACTIVE DUTY UNDER PARAGRAPH 116, WAR DEPARTMENT SPECIAL ORDERS 243, DATED OCTOBER 17, 1941. THE APPOINTMENT OF OCTOBER 15, 1941, WAS AN ORIGINAL COMMISSION IN THE ARMY OF THE UNITED STATES IN CONTEMPLATION OF THE ENACTING CLAUSE OF SECTION 2 OF THE ACT OF MARCH 9, 1942, AND, IF OTHERWISE CORRECT, THE OFFICER IS ENTITLED TO PAYMENT OF THE $150 UNIFORM AND EQUIPMENT ALLOWANCE, HAVING APPARENTLY BEEN ORDERED TO, FOUND QUALIFIED AND ACCEPTED FOR ACTIVE DUTY IN THE MILITARY SERVICE FOR A PERIOD OF MORE THAN THREE MONTHS. THIS VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL WITCHER FOR PAYMENT TO THE EXTENT IT IS OTHERWISE CORRECT.

IT APPEARS FROM THE PAPERS ATTACHED TO THE VOUCHER IN FAVOR OF WALTER A. SIMON THAT HE WAS COMMISSIONED IN THE REGULAR ARMY JUNE 9, 1928; THAT HE RESIGNED APRIL 1, 1930; TEMPORARILY APPOINTED FIRST LIEUTENANT IN THE ARMY OF THE UNITED STATES MARCH 18, 1942, AND BY PARAGRAPH 36 OF WAR DEPARTMENT SPECIAL ORDERS 74, DATED MARCH 23, 1942, WAS ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 6, 1942. THE APPOINTMENT AS FIRST LIEUTENANT IN THE ARMY OF THE UNITED STATES MARCH 18, 1942, ALTHOUGH SUBSEQUENT TO SEPTEMBER 26, 1941, WAS NOT AN ORIGINAL COMMISSION AS REQUIRED BY THE ENACTING CLAUSE OF SECTION 2 OF THE ACT OF MARCH 9, 1942, AND THE OFFICER IS NOT ENTITLED TO PAYMENT OF THE UNIFORM AND EQUIPMENT ALLOWANCE THEREIN REFERRED TO. SEE ANSWER TO QUESTION 14 OF B-25104, SUPRA. PAYMENT OF THIS VOUCHER WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED. THE RECORD OF SERVICE ATTACHED TO THE VOUCHER IN FAVOR OF KENNETH BERGER HEGGENHAUGEN INDICATES THAT HE ACCEPTED APPOINTMENT AS FIRST LIEUTENANT, INFANTRY, IN THE OFFICERS' RESERVE CORPS JUNE 15, 1931, WHICH APPOINTMENT TERMINATED NOVEMBER 6, 1935,"DUE TO NATIONAL GUARD ENLISTED STATUS; " AGAIN ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS DECEMBER 14, 1935, WHICH APPOINTMENT TERMINATED ON DECEMBER 5, 1940; ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES ON MAY 7, 1942, AND HAS BEEN ON ACTIVE DUTY SINCE MAY 17, 1942, PURSUANT TO PARAGRAPH 20 OF WAR DEPARTMENT SPECIAL ORDERS 115, DATED MAY 3, 1942. THE APPOINTMENT OF MAY 7, 1942, WAS NOT AN ORIGINAL COMMISSION IN CONTEMPLATION OF THE ENACTING CLAUSE OF SECTION 2 OF THE ACT OF MARCH 9, 1942, AND SINCE HE WAS NOT AN OFFICER IN THE OFFICERS' RESERVE CORPS ON MARCH 9, 1942, THE OFFICER IS NOT ENTITLED TO THE BENEFITS OF THE ACT. SEE ANSWER TO QUESTION 14 OF B-25104, SUPRA. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.

THE OFFICIAL STATEMENT OF SERVICE ATTACHED TO THE VOUCHER IN FAVOR OF GEORGE EDWARD MCCABE SHOWS THAT HE ACCEPTED APPOINTMENT AS FIRST LIEUTENANT IN THE MEDICAL CORPS RESERVE, SEPTEMBER 24, 1936; REAPPOINTED FIRST LIEUTENANT, MEDICAL CORPS RESERVE, SEPTEMBER 12, 1941; COMMISSION TERMINATED SEPTEMBER 30, 1941; APPOINTED CAPTAIN, MEDICAL CORPS, ARMY OF THE UNITED STATES, MAY 4, 1942, AND WAS ORDERED TO ACTIVE DUTY EFFECTIVE MAY 18, 1942, IN ACCORDANCE WITH PARAGRAPH 20 OF WAR DEPARTMENT SPECIAL ORDERS 116, DATED MAY 4, 1942. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED, AS THE LAST APPOINTMENT WAS NOT AN ORIGINAL APPOINTMENT IN THE ARMY.

B-28098

LT. COLONEL E. W. GUDE, F.D., U.S. ARMY, CAMP POLK, LA., PRESENTS FOUR VOUCHERS STATED FOR $150 EACH IN FAVOR OF THE FOLLOWING NAMED OFFICERS:

CAPT. WILLIAM L. SHAFFER, AC-RES.

MAJ. JAMES L. SALMON, MC-RES.

MAJ. SAMUEL B. FRANK, MED-RES.

CAPT. JACK A. BOULGER, INF-RES.

THE STATEMENT OF SERVICE ATTACHED TO THE VOUCHER OF CAPTAIN SHAFFER INDICATES THAT HE SERVED IN THE ARMY AS A COMMISSIONED OFFICER DURING THE PERIOD JANUARY 20, 1918, TO JANUARY 6, 1919; ACCEPTED APPOINTMENT AS FIRST LIEUTENANT, AIR CORPS RESERVE, MARCH 27, 1919, WHICH TERMINATED MARCH 17, 924; AGAIN ACCEPTED APPOINTMENT AS FIRST LIEUTENANT AIR CORPS OF THE OFFICERS' RESERVE CORPS, ON SEPTEMBER 25, 1926, AND IS NOW A CAPTAIN, AIR- 1RESERVE. IT IS REPORTED THAT HE COMPLETED TWO ACTIVE DUTY TRAINING PERIODS FROM JULY 24 TO AUGUST 6, 1927, AND JULY 1 TO JULY 14, 1928, AND SINCE MAY 4, 1942, HAS BEEN IN THE ACTIVE MILITARY SERVICE UNDER SPECIAL ORDERS 106, DATED HEADQUARTERS EIGHTH CORPS AREA, APRIL 20, 1942.

THE ACT OF MARCH 9, 1942, IS ADDRESSED TO THE PEACE TIME TRAINING OF THE ARMY; AND SO FAR AS IT RELATES TO "ORIGINAL" COMMISSIONS DOES NOT INCLUDE COMMISSIONED SERVICE DURING THE WORLD WAR (1917-1918R IN ANY COMPONENT OF THE ARMY OF THE UNITED STATES EXCEPT THE REGULAR ARMY). WHERE THE SERVICE DURING THAT WAR WAS ONLY AS AN EMERGENCY OFFICER, THAT SERVICE OR THE COMMISSION UNDER WHICH IT WAS RENDERED IS NOT WITHIN THE ACT. WHILE, OF COURSE, IT WAS A FIRST APPOINTMENT IN THE ARMY AND THEREFORE AN "ORIGINAL" COMMISSION IN THE ARMY, IT WAS NOT A SERVICE OR A "COMMISSION" THAT COULD HAVE CONTINUED EXCEPT DURING THAT WAR AND IS NOT WITHIN THE REASON OR PURPOSE OF THE ACT OF MARCH 9, 1942. SINCE CAPTAIN SHAFFER IS SHOWN AS HAVING COMPLETED ONLY TWO PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS, HE IS ENTITLED TO $150 UNIFORM AND EQUIPMENT ALLOWANCE. THE VOUCHER IN HIS FAVOR WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL GUDE FOR PAYMENT IN THAT AMOUNT, IF OTHERWISE CORRECT.

IT APPEARS FROM THE PAPERS ATTACHED TO THE VOUCHER IN FAVOR OF JAMES L. SALMON THAT HE WAS COMMISSIONED AS A SECOND LIEUTENANT (IT IS SO STATED) IN THE OFFICERS' RESERVE CORPS MAY 23, 1928; COMPLETED ONE PERIOD OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS DURING THE FISCAL YEAR 1930; PERFORMED ONE YEAR OF ACTIVE DUTY FROM JUNE 1, 1936, TO MAY 31, 1937, AND ENTERED UPON ACTIVE DUTY AS A CAPTAIN, MEDICAL RESERVE, EFFECTIVE MARCH 26, 1941, IN ACCORDANCE WITH PARAGRAPH 5 OF SPECIAL ORDERS 44, DATED HEADQUARTERS KENTUCKY MILITARY AREA, MARCH 11, 1941, UNDER AUTHORITY OF PUBLIC RESOLUTION 96, APPROVED AUGUST 27, 1940. HAVING PERFORMED LESS THAN THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS, THIS OFFICER IS ENTITLED TO $150 UNIFORM AND EQUIPMENT ALLOWANCE. THE VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL GUDE FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT.

THE STATEMENT OF SERVICE OF SAMUEL B. FRANK INDICATES THAT HE WAS ORIGINALLY COMMISSIONED IN THE OFFICERS' RESERVE CORPS MAY 31, 1933, AND HAD THE FOLLOWING PERIODS OF ACTIVE DUTY:

JUNE 13-30/34 - - ------------------------------------- CCC

JULY 1/34 - SEPT. 18/34 -------------------------------1CCC

SEPT. 18 - OCT. 22/34 ---------------------------------1CCC

OCT. 23 - DEC. 27/34 ----------------------------------1CCC

DEC. 28 - JAN. 30/35 ----------------------------------1CCC

JAN. 31/34 (5?) - JUNE 30/35 -------------------------1CCC

JULY 1/35 - SEPT. 30/35 -------------------------------1CCC

BY PARAGRAPH 56, WAR DEPARTMENT SPECIAL ORDERS 79, DATED APRIL 5, 1941, CAPTAIN FRANK WAS ORDERED TO ACTIVE DUTY EFFECTIVE APRIL 28, 1941. APPEARS FROM THE RECORD OF SERVICE QUOTED ABOVE THAT THIS OFFICER PERFORMED ACTIVE SERVICE WITH THE CIVILIAN CONSERVATION CORPS CONTINUOUSLY FROM JUNE 13, 1934, TO SEPTEMBER 30, 1935, UNDER AUTHORITY OF WAR DEPARTMENT CIVILIAN CONSERVATION CORPS REGULATIONS PROMULGATED PURSUANT TO SECTION 1 OF THE ACT OF MARCH 31, 1933, 48 STAT. 22. ALTHOUGH THE SERVICE IS SHOWN IN BROKEN PERIODS, IT IS APPARENT THAT COLLECTIVELY IT WAS CONTINUOUS SERVICE WITH THE CIVILIAN CONSERVATION CORPS AND NO PART OF SUCH SERVICE MAY REASONABLY BE CONSIDERED AS ACTIVE DUTY TRAINING PERIODS OF THREE MONTHS OR LESS AS CONTEMPLATED BY THE FIRST PROVISO OF SECTION 2 OF PUBLIC LAW 492. IT IS CONCLUDED, THEREFORE, THAT CAPTAIN FRANK HAS NOT PERFORMED ANY OF THE THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS, IN SEPARATE FISCAL YEARS, AND THAT PAYMENT OF THE VOUCHER, WHICH IS RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL GUDE, IS AUTHORIZED, IF OTHERWISE CORRECT.

ACCORDING TO THE RECORD ATTACHED TO THE VOUCHER IN FAVOR OF JACK A. BOULGER HE WAS ORIGINALLY COMMISSIONED IN THE OFFICERS' RESERVE CORPS JUNE 6, 1939; HAD ACTIVE DUTY TRAINING FOR THE PERIOD JUNE 17 TO JUNE 30, 1939, AND HAS BEEN ON ACTIVE DUTY CONTINUOUSLY SINCE JULY 16, 1939. THE VOUCHER IN HIS FAVOR WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO LIEUTENANT COLONEL GUDE FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT. SEE THE MAYES CASE, B-27271, SUPRA.

B-28099

MAJ. E. J. KLECKNER, F.D., U.S. ARMY, CAMP JOSEPH T. ROBINSON, ARK., PRESENTS A VOUCHER FOR $150 IN FAVOR OF CAPTAIN WILLIAM L. GODFREY, QUARTERMASTER CORPS-RESERVE.

THE STATEMENT OF SERVICE ATTACHED TO THE VOUCHER INDICATES THAT WILLIAM L. GODFREY ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS SEPTEMBER 13, 1932, AND HAS HAD THE FOLLOWING ACTIVE DUTY:

FROM APRIL 12 TO APRIL 25, 1937.

FROM FEBRUARY 4 TO APRIL 5, 1940.

FROM JUNE 2 TO JUNE 29, 1940.

FROM JUNE 19, 1941, TO DATE.

IT IS TO BE NOTED THAT TWO OF THE PERIODS OF ACTIVE DUTY TRAINING WERE IN THE SAME FISCAL YEAR AND THE SECOND OF SUCH PERIODS, NAMELY, JUNE 2 TO JUNE 29, 1940, WOULD NOT ENTITLE THE OFFICER TO A $50 PAYMENT UNDER THE ACT OF MAY 14, 1940. SEE 20 COMP. GEN. 37. THIS ACTIVE DUTY TRAINING PERIOD FROM JUNE 2 TO JUNE 29, 1940, IS NOT ONE OF THE THREE PERIODS OF ACTIVE DUTY TRAINING IN SEPARATE FISCAL YEARS WITHIN THE MEANING OF THE FIRST PROVISO OF SECTION 2 OF PUBLIC LAW 492. SEE ANSWER TO QUESTION 4 OF DECISION B-25104, SUPRA. THE OFFICER THUS HAD COMPLETED ONLY TWO PERIODS OF ACTIVE DUTY TRAINING WITHIN CONTEMPLATION OF SECTION 2 OF PUBLIC LAW 492 AND IS ENTITLED TO $150. SEE THE MAYES CASE, SUPRA. THIS VOUCHER WILL BE RETURNED THROUGH THE CHIEF OF FINANCE TO MAJOR KLECKNER FOR PAYMENT IN THE AMOUNT OF $150, IF OTHERWISE CORRECT.

B-28102

CAPT. D. L. CHAMBERLIN, F.D., U.S. ARMY, FORT LEWIS, WASH., PRESENTS A VOUCHER FOR $150 IN FAVOR OF MAJOR EDWARD S. NELSON, JR., IGD RESERVE.

THE PAPERS ATTACHED TO THIS VOUCHER INDICATE THAT EDWARD S. NELSON WAS ORIGINALLY COMMISSIONED AS SECOND LIEUTENANT IN THE OFFICERS' RESERVE CORPS, JUNE 28, 1928, AND HAS HAD ACTIVE DUTY SINCE THAT TIME AS FOLLOWS:

FROM JULY 5, 1928, TO AUGUST 8, 1928.

FROM AUGUST 4, 1932, TO AUGUST 6, 1932.

FROM FEBRUARY 17, 1935, TO MARCH 2, 1935.

FROM MAY 10, 1935, TO MAY 9, 1936 ( C.C.C.).

FROM AUGUST 10, 1940, TO AUGUST 23, 1940.

FROM APRIL 18, 1941, TO DATE.

THERE IS ALSO ATTACHED TO THE VOUCHER A CERTIFICATE FROM THE OFFICER TO THE EFFECT THAT UPON REPORTING FOR ACTIVE DUTY AUGUST 4, 1932, HE WAS EXAMINED AND FOUND TO BE PHYSICALLY DISQUALIFIED FOR ACTIVE DUTY AT THAT TIME AND AS A RESULT WAS ORDERED TO RETURN HOME BY AUGUST 6, 1932, WITHOUT HAVING COMMENCED ANY OF THE ACTIVE DUTY TRAINING WHICH WAS ORIGINALLY INTENDED TO BEGIN AUGUST 4, 1932. THE ORDERS, ET CETERA, CONNECTED WITH THAT PERIOD OF TRAINING DUTY WERE NOT FURNISHED BUT, EXCLUDING THE PERIOD OF AUGUST 4 TO AUGUST 6, 1932, IT IS STILL SHOWN THAT THIS OFFICER HAS COMPLETED HIS FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS IN SEPARATE FISCAL YEARS FOLLOWING HIS ORIGINAL APPOINTMENT. SEE THE CASE OF JOHN N. DICK UNDER B-28078, SUPRA. PAYMENT OF THIS VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.