B-30259, DECEMBER 16, 1942, 22 COMP. GEN. 543

B-30259: Dec 16, 1942

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UNIFORM GRATUITY - AVIATION CADETS COMMISSIONED IN MARINE CORPS RESERVE AN OFFICER WHO WAS COMMISSIONED IN THE MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942 AND WHO RECEIVED THE UNIFORM GRATUITY OF $150 AUTHORIZED BY SECTION 11 OF THAT ACT IS NOT ENTITLED TO ADDITIONAL UNIFORM GRATUITY UNDER THE LAST PROVISO OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 UPON BEING ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY. OFFICERS SHALL BE PAID A UNIFORM ALLOWANCE OF $150 PROVIDED THEY HAVE NOT ALREADY RECEIVED THE UNIFORM ALLOWANCE OF $150 AUTHORIZED TO BE PAID TO AVIATION CADETS UPON THEIR FIRST ASSIGNMENT TO DUTY AFTER COMPLETION OF TRAINING. THE RECORDS SHOW THAT SAM MARSHALL CATLIN WAS APPOINTED AN AVIATION CADET IN THE U.S.

B-30259, DECEMBER 16, 1942, 22 COMP. GEN. 543

UNIFORM GRATUITY - AVIATION CADETS COMMISSIONED IN MARINE CORPS RESERVE AN OFFICER WHO WAS COMMISSIONED IN THE MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942 AND WHO RECEIVED THE UNIFORM GRATUITY OF $150 AUTHORIZED BY SECTION 11 OF THAT ACT IS NOT ENTITLED TO ADDITIONAL UNIFORM GRATUITY UNDER THE LAST PROVISO OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 UPON BEING ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. TOM E. THRASHER, JR., DECEMBER 16, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 6, 1942, WITH ENCLOSURES, AS FOLLOWS:

THERE HAS BEEN PRESENTED TO THIS OFFICE A VOUCHER ON WHICH SECOND LIEUTENANT SAM M. CATLIN, U.S. MARINE CORPS RESERVE, CLAIMS UNIFORM GRATUITY IN THE SUM OF $150 UNDER THE LAST PROVISO OF SECTION 3 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180.

SECTION 11 OF THE ACT OF JUNE 13, 1939, 53 STAT. 820, PROVIDES THAT:

"WHEN FIRST COMMISSIONED PURSUANT TO THIS ACT, OFFICERS SHALL BE PAID A UNIFORM ALLOWANCE OF $150 PROVIDED THEY HAVE NOT ALREADY RECEIVED THE UNIFORM ALLOWANCE OF $150 AUTHORIZED TO BE PAID TO AVIATION CADETS UPON THEIR FIRST ASSIGNMENT TO DUTY AFTER COMPLETION OF TRAINING, AND AS PROVIDED IN SECTION 3 OF THE ACT OF APRIL 15, 1935 (49 STAT. 157; 34 U.S.C. 844).'

SECTION 11 OF THE ACT OF AUGUST 4, 1942, PUBLIC LAW 698, 77TH CONGRESS, PROVIDES:

"WHEN FIRST COMMISSIONED PURSUANT TO THIS ACT OFFICERS SHALL BE PAID A UNIFORM ALLOWANCE OF $150: PROVIDED, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED THE CASH UNIFORM GRATUITY OF $150 PROVIDED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180) SHALL NOT BE ENTITLED TO THIS UNIFORM ALLOWANCE.'

THE RECORDS SHOW THAT SAM MARSHALL CATLIN WAS APPOINTED AN AVIATION CADET IN THE U.S. NAVAL RESERVE ON MARCH 5, 1942, AND ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE U.S. MARINE CORPS RESERVE, AUGUST 7, 1942, WITH RANK FROM JULY 23, 1942. AS EVIDENCED BY THE ATTACHED CERTIFIED COPY OF ORDERS SECOND LIEUTENANT CATLIN WAS PAID A UNIFORM GRATUITY IN THE SUM OF $150 UPON HIS APPOINTMENT AS A SECOND LIEUTENANT IN THE U.S. MARINE CORPS RESERVE ON AUGUST 7, 1942, SUBSEQUENT TO THE PASSAGE OF THE ACT OF AUGUST 4, 1942, SUPRA. THE PAYMENT OF THIS UNIFORM GRATUITY IN THE SUM OF $150 WAS MADE ON VOUCHER NO. 279 IN THE ACCOUNT OF CAPTAIN G. B. SMITH, JR., ASSISTANT PAYMASTER, U.S. MARINE CORPS, FOR THE MONTH OF AUGUST 1942. LIEUTENANT CATLIN HAS NOT BEEN PAID ANY FURTHER UNIFORM GRATUITY AND HE NOW CONTENDS THAT HAVING BEEN ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY HE IS ENTITLED TO THE PAYMENT OF A FURTHER SUM OF $150 UNDER THE PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938.

IN VIEW OF THE DIFFERENCE BETWEEN THE LANGUAGE CONTAINED IN SECTION 11 OF THE NAVAL AVIATION RESERVE ACT OF 1939, SUPRA, AND THAT CONTAINED IN SECTION 11 OF THE NAVAL AVIATION CADET ACT OF 1942, SUPRA, DOUBT EXISTS AS TO THE PROPRIETY OF PAYING THE ADDITIONAL $150 UNIFORM GRATUITY TO OFFICERS OF THE MARINE CORPS RESERVE UPON BEING COMMISSIONED FROM THE GRADE OF AVIATION CADET ON AND AFTER AUGUST 4, 1942. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THIS OFFICE IS AUTHORIZED TO MAKE PAYMENT ON THE ATTACHED VOUCHER. AN EARLY REPLY WOULD BE APPRECIATED.

FROM THE ENCLOSURES SUBMITTED WITH YOUR LETTER IT APPEARS THAT LIEUTENANT CATLIN ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE U.S. MARINE CORPS RESERVE ON AUGUST 7, 1942, AND RECEIVED PAYMENT OF A UNIFORM GRATUITY IN THE SUM OF $150 ON SUCH DATE. THE SAID OFFICER NOW CONTENDS THAT HAVING BEEN ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY HE IS ENTITLED TO THE PAYMENT OF A FURTHER SUM OF $150 UNDER THE PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180).

THE OFFICER HAVING BEEN COMMISSIONED ON AUGUST 7, 1942, NECESSARILY WAS COMMISSIONED PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942, PUBLIC NO. 698, AUGUST 4, 1942, 56 STAT. 737, WHICH ACT SPECIFICALLY REPEALED THE NAVAL AVIATION RESERVE ACT OF 1939 (53 STAT. 819). PAYMENTS OF UNIFORM GRATUITY TO LIEUTENANT CATLIN MUST THEREFORE BE GOVERNED BY THE PROVISIONS OF THE LATER ACT.

SECTION 11 OF THE NAVAL AVIATION CADET ACT OF 1942, 56 STAT. 738, PROVIDES AS FOLLOWS:

WHEN FIRST COMMISSIONED PURSUANT TO THIS ACT OFFICERS SHALL BE PAID A UNIFORM ALLOWANCE OF 150: PROVIDED, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED THE CASH UNIFORM GRATUITY OF $150 PROVIDED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180) SHALL NOT BE ENTITLED TO THIS UNIFORM ALLOWANCE.

INASMUCH AS IT SPECIFICALLY IS PROVIDED THAT PAYMENT OF THE UNIFORM GRATUITY SHALL NOT BE MADE TO ANY OFFICER WHO HAD PREVIOUSLY RECEIVED THE CASH UNIFORM GRATUITY OF $150 PROVIDED FOR IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180), IT OBVIOUSLY WAS THE INTENTION OF THE CONGRESS TO LIMIT AVIATION CADETS WHEN COMMISSIONED AS OFFICERS IN THE NAVAL OR MARINE CORPS RESERVE TO THE PAYMENT OF ONE UNIFORM GRATUITY. HAD LIEUTENANT CATLIN PREVIOUSLY RECEIVED THE UNIFORM GRATUITY UNDER THE 1938 STATUTE HE CLEARLY WOULD NOT HAVE BEEN ENTITLED TO AN ADDITIONAL ALLOWANCE UNDER THE 1942 STATUTE. CONVERSELY, HAVING RECEIVED THE ALLOWANCE UNDER THE ACT OF AUGUST 4, 1942, THERE IS NO LEGAL BASIS FOR PAYING HIM AN ADDITIONAL ALLOWANCE UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.