B-45773, JANUARY 4, 1945, 24 COMP. GEN. 494

B-45773: Jan 4, 1945

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ETC. - APPROPRIATION AVAILABILITY WHEN ENLISTED MEMBERS OF THE MARINE CORPS WOMEN'S RESERVE ARE PAID A CASH CLOTHING ALLOWANCE FOR THE PURCHASE OF UNIFORMS PURSUANT TO THE ACT OF JULY 30. NAVAL APPROPRIATIONS ARE NOT AVAILABLE FOR PAYMENT TO A POST EXCHANGE FOR THE COST OF MAKING ALTERATIONS. IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. ALTHOUGH IT IS NOT SO STATED IN YOUR LETTER. IT IS ASSUMED THAT THE ALTERED CLOTHING IS THAT OF ENLISTED PERSONNEL. SECTION 507 OF SAID ACT PROVIDES: THE SECRETARY OF THE NAVY SHALL FIX THE MONEY VALUE OF THE ARTICLES OF UNIFORM AND EQUIPMENT WHICH ENLISTED MEMBERS OF THE WOMEN'S RESERVE ARE REQUIRED TO HAVE UPON THEIR FIRST REPORTING FOR ACTIVE DUTY.

B-45773, JANUARY 4, 1945, 24 COMP. GEN. 494

UNIFORMS - ALTERATIONS, REPAIRS, ETC. - APPROPRIATION AVAILABILITY WHEN ENLISTED MEMBERS OF THE MARINE CORPS WOMEN'S RESERVE ARE PAID A CASH CLOTHING ALLOWANCE FOR THE PURCHASE OF UNIFORMS PURSUANT TO THE ACT OF JULY 30, 1942, AND A QUARTERLY MAINTENANCE ALLOWANCE FOR CLOTHING UNDER SECTION C, PARAGRAPH 3, OF EXECUTIVE ORDER NO. 9356, THE GOVERNMENT HAS DISCHARGED ITS FULL LEGAL LIABILITY IN THE MATTER, AND NAVAL APPROPRIATIONS ARE NOT AVAILABLE FOR PAYMENT TO A POST EXCHANGE FOR THE COST OF MAKING ALTERATIONS, REPAIRS, ETC., TO SUCH RESERVISTS' UNIFORMS.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. JNO. F. PEARCE, U.S. MARINE CORPS, JANUARY 4, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 11, 1944, WITH ENCLOSURES, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF THE POST EXCHANGE OFFICER, SECOND HEADQUARTERS BATTALION, HENDERSON HALL, ARLINGTON, VA., IN THE AMOUNT OF $66.15, FOR FURNISHING ALTERATIONS TO UNIFORM CLOTHING OF MEMBERS OF THE MARINE CORPS WOMEN'S RESERVE. ALTHOUGH IT IS NOT SO STATED IN YOUR LETTER, IT IS ASSUMED THAT THE ALTERED CLOTHING IS THAT OF ENLISTED PERSONNEL, SINCE YOU REFER TO AN EXECUTIVE ORDER AND TO A SECTION OF A STATUTE PERTAINING TO CLOTHING ALLOWANCES FOR ENLISTED WOMEN.

THE ACT OF JULY 30, 1942, 56 STAT. 730, ESTABLISHED A WOMEN'S RESERVE IN THE NAVAL RESERVE. SECTION 507 OF SAID ACT PROVIDES:

THE SECRETARY OF THE NAVY SHALL FIX THE MONEY VALUE OF THE ARTICLES OF UNIFORM AND EQUIPMENT WHICH ENLISTED MEMBERS OF THE WOMEN'S RESERVE ARE REQUIRED TO HAVE UPON THEIR FIRST REPORTING FOR ACTIVE DUTY; PROVIDED, THAT HE MAY AUTHORIZE SUCH ARTICLES OF UNIFORM AND EQUIPMENT, OR PARTS THEREOF, TO BE ISSUED IN KIND, OR, IN LIEU THEREOF, THAT PAYMENT IN CASH OF THE MONEY VALUE FIXED IN ACCORDANCE WITH THE FOREGOING, NOT TO EXCEED $200, BE MADE TO SUCH MEMBERS SO ORDERED TO ACTIVE DUTY, FOR THE PURCHASE OF SUCH ARTICLES OF UNIFORM AND EQUIPMENT.

THE SECRETARY OF THE NAVY HAS PRESCRIBED THAT ENLISTED PERSONNEL OF THE MARINE CORPS WOMEN'S RESERVE SHALL BE PAID A CASH UNIFORM ALLOWANCE OF $200. MARINE CORPS LETTER OF INSTRUCTION NO. 382, MARCH 27, 1943.

EXECUTIVE ORDER 9356, EFFECTIVE JULY 1, 1943, IS ENTITLED," REGULATIONS GOVERNING THE FURNISHING OF CLOTHING IN KIND OR PAYMENT OF CASH ALLOWANCE IN LIEU THEROF TO ENLISTED PERSONNEL OF THE NAVY, THE COAST GUARD, THE NAVAL RESERVE, AND THE COAST GUARD RESERVE.' SECTION C OF SAID ORDER PRESCRIBES THE CONDITIONS FOR PAYMENT OF QUARTERLY MAINTENANCE ALLOWANCES. PARAGRAPH 3 OF THAT SECTION PROVIDES:

THE FOREGOING PROVISIONS OF THIS ORDER SHALL NOT BE APPLICABLE TO ENLISTED MEMBERS OF THE WOMEN'S RESERVE OF THE NAVAL RESERVE AND THE THE WOMEN'S RESERVE OF THE COAST GUARD RESERVE. SUCH MEMBERS SHALL, HOWEVER, BE ENTITLED TO A SPECIAL QUARTERLY MAINTENANCE ALLOWANCE FOR CLOTHING IN THE AMOUNT OF $12.50, PAYABLE ON THE FIRST DAY OF EACH QUARTER COMMENCING WITH THE FIRST DAY OF THE QUARTER FOLLOWING THE FIRST ANNIVERSARY OF THE DATE ON WHICH THEY FIRST REPORT FOR ACTIVE DUTY.

IT HAS BEEN HELD THAT THE ABOVE-QUOTED PROVISIONS OF THE LAW AND THE EXECUTIVE ORDER ARE APPLICABLE TO ENLISTED MEMBERS OF THE MARINE CORPS WOMEN'S RESERVE. DECISION B-35637, SEPTEMBER 30, 1943.

THUS, PROVISION HAS BEEN MADE FOR A UNIFORM ALLOWANCE OF $200, AND FOR A QUARTERLY MAINTENANCE ALLOWANCE OF $12.50 TO ENLISTED PERSONNEL OF THE MARINE CORPS WOMEN'S RESERVE. THE QUESTION NOW IS RAISED AS TO THE LEGALITY OF PAYMENT BY THE GOVERNMENT FOR ALTERATIONS TO UNIFORMS OF SUCH PERSONNEL FROM THE APPROPRIATION," GENERAL EXPENSES, MARINE CORPS, 1945," WHICH AUTHORIZES, INTER ALIA, EXPENDITURES FOR "OTHER INCIDENTAL EXPENSES FOR THE MARINE CORPS NOT OTHERWISE PROVIDED FOR.' ACT OF JUNE 22, 1944, 58 STAT. 314.

THE GOVERNMENT HAVING GRANTED THESE FEMALE MEMBERS OF THE MARINE CORPS RESERVE A CASH CLOTHING ALLOWANCE FOR THE PURCHASE OF THEIR UNIFORMS AND EQUIPMENT AND ALSO A QUARTERLY MAINTENANCE ALLOWANCE, IN CONTEMPLATION OF LAW THEY ARE EXPECTED TO OBTAIN WITH SUCH CASH ALLOWANCES NOT ONLY UNIFORMS IN SUFFICIENT QUANTITIES AND OF SUITABLE FIT IN THE FIRST INSTANCE, BUT ALSO TO MAINTAIN THEM IN PROPER REPAIR. IT IS UNDERSTOOD BY THIS OFFICE THAT THE ITEMS OF CLOTHING REQUIRED ARE PURCHASED FROM COMMERCIAL FIRMS. IF AT THE TIME OF PURCHASES ALTERATIONS ARE DESIRABLE, THAT IS A PERSONAL MATTER BETWEEN THE VENDOR AND THE VENDEE, AND IF SUBSEQUENTLY ALTERATIONS, REPAIRS, REPLACEMENTS AND OTHER ITEMS ARE REQUIRED OR DESIRED THE QUARTERLY MAINTENANCE ALLOWANCE AND THE REMAINING BALANCE, IF ANY, OF THE INITIAL CASH CLOTHING ALLOWANCE ARE INTENDED TO COVER SUCH ITEMS. IT SEEMS EVIDENT THAT THE PAYMENT OF THE CASH CLOTHING ALLOWANCE AND THE QUARTERLY MAINTENANCE ALLOWANCE CONTEMPLATES THAT THESE WOMEN WILL SECURE AND MAINTAIN ADEQUATELY FITTING UNIFORMS AND EQUIPMENT DURING THE PERIOD OF THEIR ACTIVE SERVICE AND THAT IF MORE SUITABLE APPEARANCE IS DESIRABLE THAN WHEN THE ORIGINAL PURCHASES ARE MADE OR BECAUSE OF SUBSEQUENT DEVELOPMENT MAKING ALTERATIONS SEEM NECESSARY, THE COST THEREOF IS ALSO A PERSONAL ONE. THEREFORE, THE POST EXCHANGE SHOULD LOOK TO THE PERSONS FOR WHOM THE ALTERATIONS ARE MADE, AS THE GOVERNMENT HAS DISCHARGED ITS FULL LEGAL LIABILITY WHEN AND AS THE CASH PAYMENTS ARE MADE TO THEM.

ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED. THE OTHER ENCLOSURES ARE RETURNED HEREWITH, AS REQUESTED.