B-45897, FEBRUARY 5, 1945, 24 COMP. GEN. 591

B-45897, FEBRUARY 5, 1945, 24 COMP. GEN. 591

UNIFORM ALLOWANCE - NAVAL RESERVE - REGULAR NAVY OFFICER CONTINUING ON DUTY IN NAVAL RESERVE THE RIGHT OF A NAVAL RESERVE OFFICER TO THE UNIFORM GRATUITY AUTHORIZED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, UPON FIRST REPORTING FOR ACTIVE DUTY, IS NOT AFFECTED BY THE FACT THAT THE OFFICER WAS CONTINUED ON DUTY AT THE POST WHERE HE HAD BEEN STATIONED AS AN OFFICER IN THE REGULAR NAVY UNDER A COMMISSION WHICH HAD BEEN REVOKED ON THE DAY IMMEDIATELY PRECEDING HIS APPOINTMENT AND REPORTING FOR DUTY AS A NAVAL RESERVE OFFICER. 23 COMP. GEN. 177, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. ARTHUR D. SISK, U.S. MARINE CORPS, RETIRED, FEBRUARY 5, 1945:

THERE HAS BEEN RECEIVED, BY ENDORSEMENT OF THE PAYMASTER GENERAL OF THE MARINE CORPS, DATED NOVEMBER 21, 1944, YOUR LETTER OF MAY 17, 1944, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF JAMES F. WARD, LIEUTENANT (JG), MC-V (G), USNR, FOR $150 UNIFORM GRATUITY UNDER SECTION 302 OF THE ACT OF JUNE 25, 1938, 52 STAT. 1180.

IT APPEARS THAT LIEUTENANT WARD WAS APPOINTED AN ENSIGN, UNITED STATES NAVAL RESERVE, ON MARCH 23, 1942, AND THAT HE PERFORMED NO ACTIVE DUTY UNDER HIS APPOINTMENT WHICH WAS REVOKED UPON HIS ACCEPTANCE OF COMMISSION AS LIEUTENANT (JG) IN THE REGULAR NAVY ON APRIL 29, 1943. IT FURTHER APPEARS THAT HE WAS ORDERED TO DUTY AS AN OFFICER OF THE REGULAR NAVY, REPORTING ON MAY 4, 1943; THAT HIS COMMISSION IN THE REGULAR NARY WAS REVOKED ON FEBRUARY 25, 1944; THAT HE ACCEPTED APPOINTMENT AS LIEUTENANT (JG) IN THE NAVAL RESERVE ON FEBRUARY 26, 1944, AND WAS CONTINUED ON DUTY AT THE POST AT WHICH HE HAD LAST BEEN STATIONED AS AN OFFICER OF THE REGULAR NAVY.

IN TIME OF PEACE, UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, AFTER ENACTMENT HEREOF, AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, OR AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS, A COMMISSIONED OR WARRANT OFFICER OF THE NAVAL RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF THE REQUIRED UNIFORMS, AND THEREAFTER HE SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON THE COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE NAVAL RESERVE: PROVIDED, THAT THIS LATTER AMOUNT OF $50 SHALL NOT BECOME DUE ANY OFFICER UNTIL HE HAS COMPLETED NOT LESS THAN ONE HUNDRED AND FIFTY DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTIES AND FIFTY SIX DAYS' ACTIVE OR TRAINING DUTY, OR SEVENTY-FIVE DRILLS AND EIGHTY FOUR DAYS' ACTIVE OR TRAINING DUTY, OR ONE HUNDRED TWELVE DAYS' ACTIVE OR TRAINING DUTY: PROVIDED FURTHER, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED A UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER OF THE ABOVE-MENTIONED SUMS UNTIL THE EXPIRATION OF FOUR YEARS FROM THE DATE OF THE RECEIPT OF THE LAST SUCH GRATUITY: PROVIDED FURTHER, THAT UNIFORMS FOR AVIATION CADETS SHALL BE PROVIDED AS HERETOFORE OR HEREAFTER AUTHORIZED BY LAW: AND PROVIDED FURTHER, IN TIME OF WAR OR NATIONAL EMERGENCY A FURTHER SUM OF $150 FOR THE PURCHASE OF REQUIRED UNIFORMS SHALL BE PAID TO OFFICERS OF THE NAVAL RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY.

THE PURPOSE AND INTENT OF THE NAVAL RESERVE ACT OF 1938, AS SHOWN BY SECTIONS 4 AND 10 THEREOF, 52 STAT. 1176, 1178, WAS TO REACH THE MAXIMUM NUMERICAL STRENGTH, SUBJECT TO APPROPRIATIONS MADE ANNUALLY BY THE CONGRESS, OF TRAINED AND QUALIFIED OFFICERS AND ENLISTED MEN OF THE SEVERAL CLASSES, AS MAY BE DETERMINED BY THE SECRETARY OF THE NAVY, WHO BY APPOINTMENT OR ENLISTMENT THEREIN, OR BY TRANSFER THERETO, OBLIGATE THEMSELVES TO SERVE IN THE NAVY IN TIME OF WAR OR WHEN, IN THE OPINION OF THE PRESIDENT, A NATIONAL EMERGENCY EXISTS. INASMUCH AS THE CREATION AND ESTABLISHMENT OF THE NAVAL RESERVE NECESSARILY HAD FOR ITS PURPOSE THE AUGMENTATION OF THE REGULAR FORCES, IT IS DOUBTFUL, AS A GENERAL PROPOSITION, THAT THE ACT CONTEMPLATES ADDITIONS TO THE OFFICER STRENGTH OF THE NAVAL RESERVE BY A CORRESPONDING DIMINUTION OF THE OFFICER STRENGTH OF THE REGULAR NAVY, AND UPON THAT PREMISE THE VIEW MIGHT BE TAKEN THAT THE REVOCATION OF A COMMISSION OF AN OFFICER OF THE REGULAR NAVY IN ORDER THAT HE MIGHT ACCEPT A COMMISSION AND PERFORM ACTIVE DUTY IN THE NAVAL RESERVE IS, IN EFFECT, UNNECESSARY AND ANY ADDITIONAL EXPENSES INCIDENT TO SUCH TRANSFER WOULD BE UNAUTHORIZED. HOWEVER, IT IS PERCEIVED THAT THE QUALIFICATIONS FOR THE REGULAR SERVICE AND THOSE FOR THE NAVAL RESERVE, CREATED BY THE NAVAL RESERVE ACT OF 1938, MAY BE DIFFERENT AND, AS A CONSEQUENCE, THAT IN PARTICULAR CIRCUMSTANCES IT MAY BE BOTH DESIRABLE AND BENEFICIAL TO THE NAVAL SERVICE AS A WHOLE, UPON REVOCATION OF THE COMMISSION OF A PARTICULAR OFFICER OF THE REGULAR NAVY, TO COMMISSION HIM IN THE NAVAL RESERVE. THERE IS NOTHING IN THE LAW OR REGULATIONS, INSOFAR AS THIS OFFICE IS AWARE, PROHIBITING SUCH APPOINTMENT IN THE NAVAL RESERVE, EITHER MEDIATELY OR IMMEDIATELY, FOLLOWING REVOCATION OF A COMMISSION IN THE REGULAR NAVY. SPECIFIC PROVISION IS MADE FOR THE CREDITING OF PRIOR SERVICE IN THE REGULAR NAVY FOR PAY PURPOSES BY OFFICERS IN THE NAVAL RESERVE.

OFFICERS OF THE REGULAR NAVY, EXCEPT THOSE TEMPORARILY APPOINTED FROM ENLISTED GRADES UNDER THE ACT OF JULY 24, 1941, 55 STAT. 603, HAVE NO RIGHT TO A UNIFORM GRATUITY, IT BEING UNDERSTOOD THAT ANY UNIFORMS WHICH IT IS NECESSARY FOR THEM TO POSSESS ARE PROCURED AT THE PERSONAL EXPENSE OF THE OFFICER WITHOUT REIMBURSEMENT. THE RIGHT OF OFFICERS OF THE NAVAL RESERVE TO THE UNIFORM GRATUITY IS FIXED BY THE PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA. THE DECISION OF SEPTEMBER 7, 1943, B-36256, 23 COMP. GEN. 177, CITED BY YOU, INVOLVED THE CASE OF A WARRANT OFFICER OF THE REGULAR NAVY WHO WAS APPOINTED A TEMPORARY ENSIGN IN THE REGULAR NAVY AND THUS WAS WITHOUT THE PROVISIONS OF BOTH SECTION 7 (B) OF THE 1921 ACT, 55 STAT. 604, AND SECTION 302 OF THE NAVAL RESERVE ACT OF 1938.

LIEUTENANT WARD FIRST REPORTED AS AN OFFICER OF THE NAVAL RESERVE FEBRUARY 26, 1944, AND HIS RIGHT TO THE UNIFORM GRATUITY UNDER THE LAST PROVISION OF SECTION 302, SUPRA, IS NOT AFFECTED BY THE FACT THAT ON THE DAY IMMEDIATELY PRECEDING SUCH REPORTING HIS CONNECTION WITH THE REGULAR NAVY WAS TERMINATED. COMPARE 15 COMP. GEN. 836.

PAYMENT ON THE VOUCHER WHICH IS RETURNED HEREWITH IS AUTHORIZED IF OTHERWISE CORRECT.