B-5640, SEPTEMBER 16, 1939, 19 COMP. GEN. 375

B-5640: Sep 16, 1939

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WHILE ON SUCH DUTY AND PROVIDED THE CONDITIONS PRESCRIBED BY LAW HAVE BEEN MET. ARE ENTITLED TO PAYMENT OF THE UNIFORM GRATUITY AUTHORIZED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938. " AND SINCE THEIR PAY AND ALLOWANCES WHILE ON SUCH DUTY ARE PAYABLE FROM CIVILIAN CONSERVATION CORPS FUNDS. WHICH IS AN ALLOWANCE. IS PAYABLE FROM SAID FUNDS. PROVIDING THAT OFFICERS WHO HAVE HERETOFORE RECEIVED ANY UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER THE ORIGINAL OR THE ADDITIONAL UNIFORM GRATUITY PROVIDED FOR THEREIN UNTIL THE EXPIRATION OF 4 YEARS FROM THE DATE OF THE RECEIPT OF THE LAST UNIFORM GRATUITY. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHER IN THE SUM OF $100 IN FAVOR OF LT. ( JR.

B-5640, SEPTEMBER 16, 1939, 19 COMP. GEN. 375

UNIFORM GRATUITY - NAVAL RESERVE ACT OF 1938 NAVAL RESERVE AND MARINE CORPS RESERVE OFFICERS CALLED TO ACTIVE DUTY WITH CIVILIAN CONSERVATION CORPS, WHILE ON SUCH DUTY AND PROVIDED THE CONDITIONS PRESCRIBED BY LAW HAVE BEEN MET, ARE ENTITLED TO PAYMENT OF THE UNIFORM GRATUITY AUTHORIZED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, FOR SUCH OFFICERS WHEN ON "ACTIVE OR TRAINING DUTY WITH PAY," AND SINCE THEIR PAY AND ALLOWANCES WHILE ON SUCH DUTY ARE PAYABLE FROM CIVILIAN CONSERVATION CORPS FUNDS, THE UNIFORM GRATUITY, WHICH IS AN ALLOWANCE, IS PAYABLE FROM SAID FUNDS. SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, PROVIDING THAT OFFICERS WHO HAVE HERETOFORE RECEIVED ANY UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER THE ORIGINAL OR THE ADDITIONAL UNIFORM GRATUITY PROVIDED FOR THEREIN UNTIL THE EXPIRATION OF 4 YEARS FROM THE DATE OF THE RECEIPT OF THE LAST UNIFORM GRATUITY, RESTRICTS PAYMENT WITHIN 4 YEARS OF A UNIFORM GRATUITY RECEIVED UNDER NAVAL RESERVE ACT OF 43 STAT. 1083, AS WELL AS THE 1938 ACT. IN ORDER THAT PAYMENTS OF THE UNIFORM GRATUITY PROVIDED FOR BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, MAY BE MADE TO NAVAL AND MARINE CORPS RESERVISTS ONLY UNDER THE CONDITIONS PROVIDED BY LAW, SUCH PAYMENTS SHOULD BE MADE ONLY UPON FILING BY THE CLAIMING OFFICER OF A CERTIFICATE FROM THE BUREAU OF SUPPLIES AND ACCOUNTS OF THE NAVY DEPARTMENT OR THE OFFICE OF THE MAJOR GENERAL COMMANDANT OF THE MARINE CORPS AS TO WHAT THE RECORDS SHOW AS TO PAYMENT OF UNIFORM GRATUITY TO HIM AND THIS CERTIFICATE SHOULD BE ATTACHED TO THE VOUCHER, AND UPON PAYMENT OF SUCH GRATUITY BY ARMY DISBURSING OFFICERS THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, OR THE MAJOR GENERAL COMMANDANT, MARINE CORPS, SHOULD BE ADVISED OF THE PAYMENT, DATE, VOUCHER NUMBER, AND ACCOUNT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. R. B. CONNER, UNITED STATES ARMY, SEPTEMBER 16, 1939:

BY REFERENCE OF THE CHIEF OF FINANCE THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 9, 1939 (FILE NO. 1016), REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON VOUCHER IN THE SUM OF $100 IN FAVOR OF LT. ( JR. GR.) EDWARD F. STEFFANIDES, JR., UNITED STATES NAVAL RESERVE, ON DUTY WITH THE CIVILIAN CONSERVATION CORPS AT DISTRICT HEADQUARTERS, FORT GEORGE WRIGHT, WASHINGTON. THE PAYMENT IS FOR UNIFORM GRATUITY AUTHORIZED FOR OFFICERS OF THE NAVAL RESERVE UNDER SECTION 302 OF THE ACT OF JUNE 25, 1938, 52 STAT. 1180; PROVIDING AS FOLLOWS:

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 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: * * *

SECTION 6 OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, PROVIDES:

SEC. 6. THE PRESIDENT MAY ORDER RESERVE OFFICERS OF THE ARMY AND OFFICERS OF THE NAVAL AND MARINE RESERVES AND WARRANT OFFICERS OF THE COAST GUARD TO ACTIVE DUTY WITH THE CORPS UNDER THE PROVISIONS OF SECTION 37A OF THE NATIONAL DEFENSE ACT AND THE ACT OF FEBRUARY 28, 1925, RESPECTIVELY.

PURSUANT TO THAT PROVISION EXECUTIVE ORDER NO. 7677-A, EFFECTIVE JULY 1, 1937, PROVIDES IN PART AS FOLLOWS:

1. SUCH RESERVE OFFICERS OF THE ARMY AS SHALL BE SELECTED BY THE SECRETARY OF WAR, SUCH RESERVE OFFICERS OF THE NAVY AND MARINE CORPS AS SHALL BE SELECTED BY THE SECRETARY OF THE NAVY, AND SUCH WARRANT OFFICERS OF THE COAST GUARD AS SHALL BE SELECTED BY THE SECRETARY OF THE TREASURY, THE RESPECTIVE NUMBERS THEREOF TO BE DETERMINED BY THE DIRECTOR OF THE CIVILIAN CONSERVATION CORPS, ARE HEREBY CALLED TO ACTIVE DUTY, SUBJECT TO THE PROVISIONS OF SECTION 37A OF THE NATIONAL DEFENSE ACT (39 STAT. 189) AND THE ACT OF FEBRUARY 28, 1925 (43 STAT. 1080), SO FAR AS APPLICABLE, AND ATTACHED TO THE WAR DEPARTMENT FOR SERVICE WITH THE CIVILIAN CONSERVATION CORPS, AND ARE ORDERED TO REPORT TO THE SECRETARY OF WAR FOR SUCH DUTY UPON THE RECEIPT OF WRITTEN ORDERS FROM THE SECRETARY OF WAR: PROVIDED, THAT OFFICERS OF THE CLASSES NAMED ABOVE WHO WERE SO EMPLOYED ON JUNE 30, 1937, MAY BE CONTINUED ON ACTIVE DUTY.

THE RECORDS SHOW THAT LIEUTENANT STEFFANIDES WAS ORDERED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, EFFECTIVE OCTOBER 15, 1938, AND THAT HE HAS BEEN CONTINUOUSLY ON DUTY WITH THAT CORPS SINCE THAT DATE AT STATIONS WHERE THE UNIFORM IS REQUIRED TO BE WORN. ACCOMPANYING THE VOUCHER THERE IS A CERTIFICATE DATED AUGUST 8, 1939, SIGNED BY LIEUTENANT ( JR. GR.) STEFFANIDES TO THE EFFECT THAT HE HAS BEEN CONTINUOUSLY ON ACTIVE DUTY SINCE DATE OF REPORTING FOR DUTY AS ABOVE STATED WHERE THE UNIFORM IS REQUIRED TO BE WORN AND THAT HE HAS NOT PREVIOUSLY RECEIVED OR CLAIMED THE UNIFORM GRATUITY AUTHORIZED BY THE 1938 STATUTE, EITHER WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS OR WITH THE NAVAL RESERVE.

SECTION 302 OF THE NAVAL RESERVE ACT AUTHORIZES PAYMENT OF THE UNIFORM GRATUITY "UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY" AFTER THE EFFECTIVE DATE OF THE ACT. UNDER THE TERMS OF THE EXECUTIVE ORDER RESERVE OFFICERS ARE CALLED TO "ACTIVE DUTY" WITH THE CIVILIAN CONSERVATION CORPS. FOR THAT DUTY THEY ARE PAID PAY AND ALLOWANCES OF THEIR GRADE OR RANK ENTIRELY FROM FUNDS MADE AVAILABLE FOR THE CIVILIAN CONSERVATION CORPS. THE OFFICERS CALLED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS ARE REQUIRED WHILE ON SUCH DUTY TO WEAR THE APPROPRIATE UNIFORM OF THEIR GRADE OR RANK.

THE NATURE AND PLACE OF DUTY ON WHICH RIGHT TO THE UNIFORM GRATUITY AUTHORIZED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, IS BASED IS NOT DEFINED OTHER THAN AS "ACTIVE OR TRAINING DUTY WITH PAY.' THE PROVISIONS IN THE CIVIL CONSERVATION CORPS ACT AUTHORIZING THE EMPLOYMENT OF NAVAL AND MARINE CORPS OFFICERS DESIGNATES SUCH EMPLOYMENT AS "ACTIVE DUTY.' FOR THIS EMPLOYMENT THEY RECEIVE THE ACTIVE DUTY PAY AND ALLOWANCES OF THEIR GRADE OR RANK PAID FROM FUNDS PROVIDED FOR THE CIVILIAN CONSERVATION CORPS. WHEN ALL THE CONDITIONS PRESCRIBED BY LAW NECESSARY TO PAYMENT OF THE UNIFORM GRATUITY ARE MET IN THE CALL OF NAVAL RESERVE AND MARINE CORPS RESERVE OFFICERS TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, THEY ARE WHILE ON SUCH DUTY ENTITLED TO PAYMENT OF THE UNIFORM GRATUITY AND, SINCE THEIR PAY AND ALLOWANCES WHILE ON SUCH DUTY ARE PAYABLE FROM CIVILIAN CONSERVATION CORPS FUNDS, THE UNIFORM GRATUITY WHICH IS AN ALLOWANCE IS PAYABLE FROM CIVILIAN CONSERVATION CORPS FUNDS. 18 COMP. GEN. 713.

ACCORDINGLY, IT IS CONCLUDED THAT THE EMPLOYMENT OF NAVAL AND MARINE CORPS OFFICERS WITH THE CIVILIAN CONSERVATION CORPS, WITH RESPECT TO THE CHARACTER THEREOF, IS SUCH AS TO AUTHORIZE PAYMENT OF THE UNIFORM GRATUITY AUTHORIZED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, WHEN OTHER CONDITIONS NECESSARY TO AUTHORIZE SUCH PAYMENT ARE MET; AND THAT PAYMENT OF THE UNIFORM GRATUITY, RIGHT TO WHICH ACCRUES WHILE ON SUCH DUTY, IS PAYABLE FROM THE CIVILIAN CONSERVATION CORPS FUNDS.

UNDER SECTION 12 OF THE NAVAL RESERVE ACT OF 1925, 43 STAT. 1083, OFFICERS OF THE FLEET NAVAL RESERVE IN TIME OF PEACE WERE PAID THE SUM OF $100 FOR PURCHASE OF REQUIRED UNIFORMS AND THEREAFTER AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON COMPLETION OF EACH PERIOD OF FOUR YEARS IN THE FLEET NAVAL RESERVE. SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, PROVIDES THAT OFFICERS WHO HAVE HERETOFORE RECEIVED ANY UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER THE $100 OR THE $50 SUM UNTIL THE EXPIRATION OF 4 YEARS FROM THE DATE OF THE RECEIPT OF THE LAST GRATUITY. THAT RESTRICTION APPLIES TO UNIFORM GRATUITY RECEIVED UNDER THE PRIOR ACT OF 1925, AS WELL AS THE 1938 ACT. THE CERTIFICATE OF LIEUTENANT ( JR. GR.) STEFFANIDES IS TO THE EFFECT THAT HE HAS NOT PREVIOUSLY RECEIVED OR CLAIMED THE UNIFORM GRATUITY AUTHORIZED BY THE NAVAL RESERVE ACT OF 1938. THAT CERTIFICATE DOES NOT APPLY TO A UNIFORM GRATUITY UNDER PRIOR LAWS.

WHILE IT APPEARS FROM THE SYMBOL " DE-V (G)" FOLLOWING THIS OFFICER'S NAME IN HIS ORDERS OF OCTOBER 5, 1938, THAT HE IS A MEMBER OF THE VOLUNTEER RESERVE, IT IS NOT ESTABLISHED THAT HE HAS NOT HERETOFORE RECEIVED THE UNIFORM GRATUITY WITHIN 4 YEARS PRIOR TO JULY 1, 1938, UNDER PRIOR LAWS.

IT IS UNDERSTOOD THAT THE BUREAU OF SUPPLIES AND ACCOUNTS OF THE NAVY DEPARTMENT AND THE OFFICE OF THE MAJOR GENERAL COMMANDANT OF THE MARINE CORPS MAINTAIN A RECORD OF PAYMENTS OF UNIFORM GRATUITY TO NAVAL AND MARINE CORPS RESERVISTS, RESPECTIVELY. PAYMENTS IN SUCH CASES SHOULD BE MADE ONLY UPON FILING BY THE CLAIMING OFFICER OF A CERTIFICATE FROM THE APPROPRIATE OFFICE AS TO WHAT THE RECORDS SHOW AS TO PAYMENT OF UNIFORM GRATUITY TO HIM AND THIS CERTIFICATE SHOULD BE ATTACHED TO THE VOUCHER. UPON PAYMENT OF SUCH GRATUITY BY ARMY DISBURSING OFFICERS THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, OR THE MAJOR GENERAL COMMANDANT, MARINE CORPS, SHOULD BE ADVISED OF THE PAYMENT, DATE, VOUCHER NUMBER, AND ACCOUNT. UPON THE FILING OF THE CERTIFICATE HEREIN INDICATED AND, IF OTHERWISE CORRECT, THE VOUCHER RETURNED HEREWITH MAY BE PAID.