B-49843, DECEMBER 19, 1945, 25 COMP. GEN. 445

B-49843: Dec 19, 1945

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IN THE COAST GUARD RESERVE WHILE THE COAST GUARD IS OPERATING AS PART OF THE NAVY IS ENTITLED. AS DOES NOT EXCEED THE $150 INITIAL UNIFORM ALLOWANCE HE WOULD HAVE RECEIVED. AS FOLLOWS: THERE IS FORWARDED HEREWITH A LETTER FROM THE COMMANDANT OF THE COAST GUARD. YOUR DECISION IS REQUESTED AS TO WHETHER A FORMER AVIATION CADET ENLISTED IN THE NAVAL RESERVE. WHO WAS DISCHARGED THEREFROM AND COMMISSIONED IN THE COAST GUARD RESERVE. IS ENTITLED TO A FURTHER ALLOWANCE OF $100. WHO UPON COMPLETION OF TRAINING WERE DISCHARGED FROM THEIR ENLISTED STATUS IN THE NAVAL RESERVE AND COMMISSIONED AS OFFICERS IN THE COAST GUARD RESERVE. THE GRADE OF AVIATION CADET IN THE NAVAL RESERVE AND IN THE MARINE CORPS RESERVE WAS CREATED BY THE ACT OF APRIL 15.

B-49843, DECEMBER 19, 1945, 25 COMP. GEN. 445

UNIFORM ALLOWANCE - COAST GUARD RESERVE OFFICERS COMMISSIONED FROM NAVAL RESERVE AVIATION CADET STATUS A FORMER NAVAL RESERVE AVIATION CADET COMMISSIONED, UPON COMPLETION OF HIS TRAINING, IN THE COAST GUARD RESERVE WHILE THE COAST GUARD IS OPERATING AS PART OF THE NAVY IS ENTITLED, UPON REPORTING FOR ACTIVE DUTY IN THE COAST GUARD, TO ONLY SO MUCH OF THE INITIAL WARTIME UNIFORM ALLOWANCE OF $250 PROVIDED GENERALLY FOR COAST GUARD RESERVE OFFICERS SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, AS DOES NOT EXCEED THE $150 INITIAL UNIFORM ALLOWANCE HE WOULD HAVE RECEIVED, PURSUANT TO SECTION 11 OF THE NAVAL AVIATION CADET ACT OF 1942, AS AMENDED, HAD HE BEEN COMMISSIONED IN THE NAVAL RESERVE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, DECEMBER 19, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 16, 1945, AS FOLLOWS:

THERE IS FORWARDED HEREWITH A LETTER FROM THE COMMANDANT OF THE COAST GUARD, DATED MAY 4, 1945, RELATIVE TO THE QUESTION AS TO PAYMENT OF UNIFORM ALLOWANCE TO FORMER AVIATION CADETS OF THE NAVAL RESERVE COMMISSIONED IN THE COAST GUARD.

YOUR DECISION IS REQUESTED AS TO WHETHER A FORMER AVIATION CADET ENLISTED IN THE NAVAL RESERVE, WHO WAS DISCHARGED THEREFROM AND COMMISSIONED IN THE COAST GUARD RESERVE, AND WHO HAS BEEN PAID A UNIFORM ALLOWANCE IN THE COAST GUARD RESERVE OF $150, IS ENTITLED TO A FURTHER ALLOWANCE OF $100, MAKING A TOTAL UNIFORM ALLOWANCE OF $250 AS PROVIDED GENERALLY FOR OFFICERS OF THE COAST GUARD RESERVE IN TIME OF WAR OR NATIONAL EMERGENCY BY THE ACT OF JULY 11, 1941, AS AMENDED (14 U.S.C. 310.)

THE LETTER OF THE COMMANDANT OF THE COAST GUARD, FORWARDED WITH YOUR LETTER, STATES THAT THE COAST GUARD HAS ACCEPTED A NUMBER OF FORMER AVIATION CADETS WHO ENLISTED IN THE NAVAL RESERVE UNDER AUTHORITY OF THE NAVAL AVIATION CADET ACT OF 1942, 56 STAT. 737, AND WHO UPON COMPLETION OF TRAINING WERE DISCHARGED FROM THEIR ENLISTED STATUS IN THE NAVAL RESERVE AND COMMISSIONED AS OFFICERS IN THE COAST GUARD RESERVE.

THE GRADE OF AVIATION CADET IN THE NAVAL RESERVE AND IN THE MARINE CORPS RESERVE WAS CREATED BY THE ACT OF APRIL 15, 1935, 49 STAT. 156. SECTION 3 OF THAT ACT, 49 STAT. 157, PROVIDED:

AVIATION CADETS SHALL, WHILE UNDERGOING TRAINING, BE ISSUED NECESSARY UNIFORMS AND EQUIPMENT AT GOVERNMENT EXPENSE. UPON FIRST ASSIGNMENT TO DUTY AFTER THE COMPLETION OF TRAINING, AVIATION CADETS SHALL, IN ADDITION, BE PAID A UNIFORM ALLOWANCE OF $150.

SECTIONS 11 AND 12 (B) OF THE NAVAL AVIATION RESERVE ACT OF JUNE 13, 1939, 53 STAT. 820, 821, PROVIDED:

SEC. 11. 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 OF 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).

SEC. 12 (B). SECTION 3 OF THE ACT OF APRIL 15, 1935 (49 STAT. 157; 34 U.S.C. 844), IS HEREBY AMENDED BY DELETING THEREFROM THE LAST SENTENCE.

THE ACTS OF APRIL 15, 1935, AND JUNE 13, 1939, SUPRA, WERE REPEALED BY THE NAVAL AVIATION CADET ACT OF AUGUST 4, 1942. 56 STAT. 737. SECTION 4 OF THE LATTER ACT, 56 STAT. 737, PROVIDES, IN PART:

THE PAY OF AVIATION CADETS WHILE ON ACTIVE DUTY SHALL BE AT THE RATE OF $75 PER MONTH, WHICH PAY SHALL INCLUDE EXTRA PAY FOR FLYING. TO EACH AVIATION CADET WHEN NOT SUBSISTED AT GOVERNMENT EXPENSE, THERE SHALL BE PAID, IN ADDITION, A MONEY ALLOWANCE FOR SUBSISTENCE OF $1 PER DAY, AND HE SHALL, WHILE ON ACTIVE DUTY, BE FURNISHED QUARTERS, MEDICAL CARE, AND HOSPITALIZATION, AND SHALL BE ISSUED UNIFORMS, CLOTHING, AND EQUIPMENT AT GOVERNMENT EXPENSE. * * *

SECTION 11 OF THE ACT, 56 STAT. 738, ORIGINALLY PROVIDED:

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.

THAT SECTION WAS AMENDED BY SECTION 1 OF THE ACT OF OCTOBER 21, 1943, 57 STAT. 573, TO READ AS FOLLOWS:

WHEN FIRST COMMISSIONED PURSUANT TO THIS ACT OFFICERS SHALL BE PAID A UNIFORM ALLOWANCE OF $150 IF COMMISSIONED AS ENSIGNS IN THE NAVAL RESERVE, AND OF $250 IF COMMISSIONED AS SECOND LIEUTENANTS IN THE MARINE CORPS RESERVE: 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.

ARTICLE H-10605 (1), BUREAU OF NAVIGATION MANUAL, 1942, PROVIDED:

WHILE SERVING ON ACTIVE DUTY UNDERGOING TRAINING, AVIATION CADETS WILL BE ISSUED SUCH ITEMS OF UNIFORM CLOTHING AS MAY BE PRESCRIBED BY THE BUREAU OF NAVIGATION, NOT TO EXCEED $100 IN VALUE.

SUBSECTION A6, EXECUTIVE ORDER 9356, JUNE 24, 1943, PRESCRIBES THAT AVIATION CADETS UNDERGOING TRAINING LEADING TO A COMMISSION ARE ENTITLED TO AN ISSUE OF CLOTHING IN KIND NOT TO EXCEED $180 IN VALUE.

ARTICLE 16-4, UNIFORM REGULATIONS, UNITED STATES NAVY, 1941, PROVIDED:

AVIATION CADETS.--- AVIATION CADETS SHALL WEAR THE SAME UNIFORM AS PRESCRIBED FOR OTHER NAVAL RESERVE OFFICERS WITH THE EXCEPTIONS THAT THE GOLD LACE STRIPES ON THE SLEEVES AND ON THE SHOULDER MARKS SHALL BE ONLY ONE QUARTER INCH IN WIDTH AND THE CHIN STRAP ON THE CAP ALSO BE ONLY ONE QUARTER INCH IN WIDTH. AVIATION CADETS SHALL NOT WEAR EPAULETS. THE AVIATION DEVICE SHALL BE OF THE GOLD EMBROIDERED TYPE SEWED ON THE LEFT BREAST ON BLUE UNIFORMS AND OF THE PIN TYPE ON WASHABLE UNIFORMS. THE METAL PIN DEVICE TO BE WORN ON THE SHIRT COLLAR SHALL BE A SILVER FOUL ANCHOR 5/8 INCH IN LENGTH WITH A PROPORTIONATE WIDTH. THESE DEVICES SHALL BE IN RIGHTS AND LEFTS AND BE WORN WITH THE SHANK OF THE ANCHOR PARALLEL WITH THE TOP EDGE OF THE COLLAR AND THE CROWN OF THE ANCHOR TO THE FRONT.

BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 145-44, MAY 15, 1944, DELETED THE ABOVE ARTICLE 16-4 AND SUBSTITUTED THE FOLLOWING:

AVIATION CADETS, U.S. NAVAL RESERVE, SHALL WEAR UNIFORMS AS PRESCRIBED BY THE CHIEF OF NAVAL PERSONNEL. THIS OFFICE HAS NO INFORMATION AS TO ANY DIRECTIVE ISSUED ON THIS SUBJECT SINCE MAY 15, 1944.

SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, PROVIDES:

SEC. 302. 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 EIGHT-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: THAT 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.

REVERTING TO THE ACT OF OCTOBER 21, 1943, SUPRA, WHICH AMENDED SECTION 11 OF THE NAVAL AVIATION CADET ACT OF 1942 TO PROVIDE THAT AVIATION CADETS COMMISSIONED IN THE MARINE CORPS RESERVE SHALL BE PAID A UNIFORM ALLOWANCE OF $250, AGAINST $150 FOR THOSE COMMISSIONED IN THE NAVAL RESERVE, THE REASON FOR THAT CHANGE IN THE LAW WAS EXPLAINED BY THE HOUSE COMMITTEE ON NAVAL AFFAIRS IN ITS REPORT ( H.R. REPORT NO. 737, OCTOBER 11, 1943) ON THE BILL WHICH BECAME THE SAID ACT OF OCTOBER 21, 1943, IN PART, AS FOLLOWS:

UNDER EXISTING LAW AVIATION CADETS UPON SUCCESSFUL COMPLETION OF TRAINING ARE COMMISSIONED EITHER AS ENSIGNS IN THE NAVAL RESERVE OR AS SECOND LIEUTENANTS IN THE MARINE CORPS RESERVE, AT WHICH TIME THEY ARE ENTITLED TO RECEIVE AN ALLOWANCE OF $150 FOR UNIFORM CLOTHING.

ALL OTHER RESERVE OFFICERS WHEN COMMISSIONED AND CALLED TO ACTIVE DUTY IN TIME OF WAR ARE ENTITLED TO RECEIVE A UNIFORM ALLOWANCE OF $250. THE REASON FOR THE DIFFERENCE IS THAT AVIATION CADETS WHILE UNDERGOING TRAINING ARE FURNISHED UNIFORM CLOTHING IN KIND AT NO COST TO THEMSELVES. THOSE AVIATION CADETS COMMISSIONED AS ENSIGNS IN THE NAVY MAY RETAIN AND MAKE USE OF THE BLUE AND WHITE NAVAL UNIFORMS, RAINCOATS, AND OTHER ARTICLES FURNISHED TO THEM AS AVIATION CADETS. THOSE COMMISSIONED IN THE MARINE CORPS CANNOT CONVERT THE UNIFORM CLOTHING WHICH THEY HAD AS AVIATION CADETS AND IT BECOMES NECESSARY FOR THEM TO PURCHASE EQUIVALENT MARINE CORPS UNIFORMS. FOR THIS REASON IT IS CONSIDERED THAT THEY SUFFER A LOSS OF ABOUT $100 EACH.

THE PROPOSED LEGISLATION WOULD CORRECT THIS INEQUALITY BY PROVIDING THAT AVIATION CADETS COMMISSIONED AS SECOND LIEUTENANTS IN THE MARINE CORPS RESERVE RECEIVE A UNIFORM ALLOWANCE OF $250, WHICH IS EQUIVALENT TO THE AMOUNT RECEIVED BY OTHER RESERVE OFFICERS.

IT THUS APPEARS THAT THE ISSUE OF UNIFORMS IN KIND TO AVIATION CADETS SUBSEQUENTLY COMMISSIONED IN THE NAVAL RESERVE HAS BEEN CONSIDERED BY THE CONGRESS AS THE SUBSTANTIAL EQUIVALENT OF THE CASH UNIFORM ALLOWANCE OF NOT TO EXCEED $100 IN AMOUNT PROVIDED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, FOR OTHER OFFICERS OF THE NAVAL RESERVE AND THAT THE CASH UNIFORM ALLOWANCE OF $150, PROVIDED BY THE VARIOUS ACTS HEREINBEFORE QUOTED, FOR AVIATION CADETS UPON COMPLETION OF THEIR TRAINING AND FOR OFFICERS COMMISSIONED FROM AN AVIATION CADET STATUS, HAS BEEN REGARDED AS THE EQUIVALENT OF THE ADDITIONAL CASH UNIFORM ALLOWANCE OF $150 PROVIDED BY THE SAID SECTION 302 FOR OTHER OFFICERS OF THE NAVAL RESERVE. SINCE COMPLETE AND SPECIFIC PROVISIONS HAVE BEEN MADE FOR THE ISSUE OF UNIFORMS IN KIND AND FOR UNIFORM ALLOWANCES FOR AVIATION CADETS AND FOR OFFICERS COMMISSIONED FROM THAT STATUS, SUCH OFFICERS ARE NOT WITHIN THE SCOPE OF THE GENERAL PROVISIONS OF THE SAID SECTION 302 AND AN OFFICER COMMISSIONED IN THE NAVAL RESERVE FROM AN AVIATION CADET STATUS, WHO HAS RECEIVED THE BENEFITS OF THE UNIFORM ALLOWANCES SPECIALLY SO PROVIDED, IS NOT ENTITLED TO EITHER THE $100 OR THE $150 ALLOWANCE PROVIDED BY SECTION 302. THIS OFFICE HAS HELD THAT ONE WHO RECEIVED THE $150 UNIFORM ALLOWANCE UNDER SECTION 3 OF THE ACT OF APRIL 15, 1935, SUPRA, WAS NOT ENTITLED, AS AN OFFICER OF THE MARINE CORPS RESERVE, TO $150 UNIFORM ALLOWANCE PROVIDED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938--- MADE APPLICABLE TO THE MARINE CORPS RESERVE BY SECTION 2 OF THAT ACT, 52 STAT. 1175. DECISION OF JANUARY 8, 1944, B 32291, TO MAJOR WILLIAM A. MILLINGTON, UNITED STATES MARINE CORPS RESERVE. ALSO, THAT AN OFFICER WHO RECEIVED THE $150 UNIFORM ALLOWANCE UNDER SECTION 11 OF THE ACT OF JUNE 13, 1939, SUPRA, WAS NOT ENTITLED TO THE $100 ALLOWANCE PROVIDED BY SECTION 302. DECISION OF AUGUST 18, 1944, B-42700, TO MR. KEITH B. VAN ZANTE. ALSO, THAT AN OFFICER WHO RECEIVED THE $150 UNIFORM ALLOWANCE UNDER SECTION 11 OF THE ACT OF AUGUST 4, 1942, SUPRA, WAS NOT ENTITLED TO THE $150 UNIFORM ALLOWANCE PROVIDED BY SECTION 302. 22 COMP. GEN. 543. COMPARE DECISION DATED AUGUST 14, 1942, B-25418, TO THE SECRETARY OF THE NAVY.

THUS, IT SEEMS CLEAR THAT IF THE OFFICERS HERE CONCERNED HAD BEEN COMMISSIONED IN THE NAVAL RESERVE FROM AN AVIATION CADET STATUS, INSTEAD OF IN THE COAST GUARD RESERVE FROM SUCH STATUS, THEY WOULD HAVE BEEN ENTITLED TO $150 UNIFORM ALLOWANCE UNDER THE ACT OF AUGUST 4, 1942, BUT NEITHER THE $100 NOR THE $150 ALLOWANCE PROVIDED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938.

SIMILARLY TO SAID SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SECTION 210 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, AS AMENDED, 55 STAT. 588, PROVIDES:

UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, A COMMISSIONED OR WARRANT OFFICER OF THE 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 COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE: PROVIDED, THAT THIS LATTER AMOUNT OF $50 SHALL NOT BECOME DUE ANY OFFICER UNTIL CALLED TO OR TRAINING DUTY AFTER THE EXPIRATION OF THE PREVIOUS FOUR-YEAR PERIOD: PROVIDED FURTHER, THAT 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 RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY: PROVIDED FURTHER, THAT THE SECRETARY OF THE TREASURY SHALL PRESCRIBE REGULATIONS GOVERNING THE CONDITIONS AND REQUIREMENTS UNDER WHICH THIS ALLOWANCE SHALL BE PAYABLE TO TEMPORARY MEMBERS OF THE RESERVE. ENLISTED MEN OF THE RESERVE MAY BE ALLOWED THE COST OF, OR ISSUED SUCH ITEMS OF UNIFORMS, BEDDING, AND EQUIPMENT AS MAY BE PRESCRIBED BY THE COMMANDANT: PROVIDED FURTHER, THAT THE VALUE OF SUCH ALLOWANCES OR OF ITEMS SO ISSUED TO ANY PERSON DURING ANY THREE-YEAR PERIOD SHALL NOT EXCEED $100: AND PROVIDED FURTHER, THAT NOTWITHSTANDING THE FOREGOING LIMITATION UPON FIRST REPORTING FOR ACTIVE DUTY, IN TIME OF WAR OR NATIONAL EMERGENCY, ENLISTED MEN OF THE RESERVE MAY BE ISSUED SUCH ADDITIONAL ARTICLES AS ARE REQUIRED TO GIVE THEM THE SAME OUTFIT AS IS AUTHORIZED FOR ENLISTED PERSONNEL OF THE REGULAR COAST GUARD UPON FIRST ENLISTMENT. IN DECISION OF DECEMBER 1, 1943, B-37635, TO THE SECRETARY OF THE NAVY, IT WAS HELD THAT AN INDIVIDUAL WHO SERVED AS A COMMISSIONED OFFICER IN THE COAST GUARD RESERVE WHILE THE COAST GUARD WAS OPERATING AS PART OF THE NAVY AND WHO HAD RECEIVED THE $250 UNIFORM ALLOWANCE UNDER SECTION 210 OF THE COAST GUARD AUXILIARY AND RESERVE ACT WAS NOT ENTITLED, UPON RESIGNATION FROM THE COAST GUARD RESERVE, ACCEPTANCE OF APPOINTMENT IN THE NAVAL RESERVE, AND REPORTING FOR DUTY AS A NAVAL RESERVE OFFICER, TO THE $250 UNIFORM ALLOWANCE UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938. IT WAS SAID IN THAT DECISION:

WHILE THE STATUTORY PROVISIONS CONTAINED IN SECTION 302 OF THE NAVAL RESERVE ACT AND SECTION 210 OF THE COAST GUARD RESERVE ACT, AS AMENDED, FOR THE PAYMENT OF UNIFORM ALLOWANCES TO RESERVE OFFICERS OF THE TWO SERVICES ARE SEPARATE AND DISTINCT FROM EACH OTHER AND NORMALLY ARE FOR SPECIFIC AND EXCLUSIVE APPLICATION WHEN SUCH SERVICES ARE OPERATING SEPARATELY AND APART, IT DOES NOT FOLLOW, WHEN THE COAST GUARD IS OPERATING AS A PART OF THE NAVY, THAT SUCH PROVISIONS ARE TO BE SO CONSTRUED AS TO CONFER BENEFITS IN EXCESS OF THOSE WHICH ACCRUE TO OFFICERS OF THE NAVAL RESERVE WHO MAY HAVE SERVED CONTINUOUSLY ON ACTIVE DUTY DURING TIME OF WAR FOR AN EQUAL OR LONGER PERIOD THAN THE COMBINED SERVICES OF THE COAST GUARD RESERVE OFFICER WHO, THROUGH HIS OWN EFFORTS, HAS SECURED AN APPOINTMENT IN AND SUBSEQUENTLY BECOMES AN OFFICER IN THE NAVAL RESERVE AND WHO BY REASON OF HAVING FIRST REPORTED THEREIN DURING TIME OF WAR MAY LITERALLY MEET THE REQUIREMENTS OF SECTION 302 OF THE NAVAL RESERVE ACT, SUPRA.

IT IS UNDERSTOOD THAT THE UNIFORM OF A COAST GUARD RESERVE OFFICER AND THE UNIFORM OF A NAVAL RESERVE OFFICER ARE PRACTICALLY IDENTICAL, EXCEPT FOR DIFFERENCES IN INSIGNIA. IT REASONABLY APPEARS THAT, WITH MINOR CHANGES, THE UNIFORM OF THE COAST GUARD RESERVE COULD BE WORN BY AN OFFICER OF THE NAVAL RESERVE. UNDER SUCH CIRCUMSTANCES, IT SEEMS TO FOLLOW THAT PAYMENT OF AN ADDITIONAL UNIFORM GRATUITY AS FOR FIRST REPORTING IN TIME OF WAR AS A NAVAL RESERVE OFFICER WOULD BE WITHOUT THE SPIRIT, PURPOSE OR INTENT OF SAID SECTION 302 OF THE NAVAL RESERVE ACT. CF. DECISION OF AUGUST 20, 1945 (B-49303), 25 COMP. GEN. 194, ANSWER TO QUESTION (D).

THE PRINCIPLES OF THAT DECISION ARE EQUALLY FOR APPLICATION HERE AND, HENCE, AN AVIATION CADET, COMMISSIONED IN THE COAST GUARD RESERVE IN LIEU OF BEING COMMISSIONED IN THE NAVAL RESERVE UPON COMPLETION OF HIS TRAINING, WHEN THE COAST GUARD IS OPERATING AS PART OF THE NAVY, WOULD APPEAR TO BE ENTITLED TO NO GREATER UNIFORM ALLOWANCE BENEFITS THAN WOULD HAVE ACCRUED TO HIM HAD HE BEEN COMMISSIONED IN THE NAVAL RESERVE, THE UNIFORM REQUIREMENTS AND PRIOR BENEFITS BEING PRACTICALLY THE SAME, IF NOT IDENTICAL, IN EITHER CASE. HAD THE OFFICERS HERE INVOLVED BEEN COMMISSIONED IN THE NAVAL RESERVE, THEY WOULD HAVE BEEN ENTITLED TO $150 AS UNIFORM ALLOWANCE IN ADDITION TO THE UNIFORMS, ETC., FURNISHED THEM AS AVIATION CADETS. IN THE ABSENCE OF A SHOWING THAT THE UNIFORM REQUIREMENTS FOR COAST GUARD RESERVE OFFICERS SERVING AS A PART OF THE NAVY ARE SUBSTANTIALLY DIFFERENT FROM THOSE OF NAVAL RESERVE OFFICERS, THE CONCLUSION WOULD NOT APPEAR TO BE WARRANTED THAT THEY ARE ENTITLED TO ANY GREATER AMOUNT BY REASON OF BEING COMMISSIONED IN THE COAST GUARD RESERVE INSTEAD OF THE NAVAL RESERVE.