B-71318, JANUARY 28, 1948, 27 COMP. GEN. 409

B-71318, JANUARY 28, 1948, 27 COMP. GEN. 409

CLOTHING - UNIFORMS - COAST GUARD PERSONNEL REVERTING TO PERMANENT ENLISTED STATUS FROM TEMPORARY OFFICER STATUS THE CLOTHING ALLOWANCES AUTHORIZED BY SUBSECTION A 10 (A) OF EXECUTIVE ORDER NO. 9744B TO BE PAID COAST GUARD ENLISTED MEN UPON REVERSION FROM A TEMPORARY COMMISSIONED OR WARRANT OFFICER STATUS TO A PERMANENT ENLISTED STATUS, ONCE HAVING BEEN PAID TO COAST GUARD PERSONNEL WHO REVERTED TO THEIR PERMANENT ENLISTED STATUS UPON REVOCATION OF THEIR TEMPORARY OFFICER APPOINTMENTS, MAY NOT BE PAID A SECOND TIME TO THE SAME INDIVIDUALS UPON A SECOND REVERSION, WITHOUT A BREAK IN THE CONTINUITY OF THEIR SERVICES, FROM A TEMPORARY OFFICER STATUS TO A PERMANENT ENLISTED STATUS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE TREASURY, JANUARY 28, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 18, 1947, IN WHICH YOU REQUEST DECISION AS TO WHETHER THE CLOTHING ALLOWANCES PROVIDED BY SUBSECTION A 10 OF EXECUTIVE ORDER 9744B, JUNE 29, 1946, MAY BE PAID A SECOND TIME UPON A SECOND REVERSION FROM THE TEMPORARY STATUS OF A COMMISSIONED OR WARRANT OFFICER TO THE PERMANENT STATUS OF AN ENLISTED MAN OF THE COAST GUARD.

YOU CITE TWO EXAMPLES WHICH INVOLVE THE QUESTION PRESENTED. IN THE CASE OF JOSEPH N. ALEWINE, IT IS STATED THAT HE SERVED TEMPORARILY IN OFFICE RANK FROM AUGUST 1, 1943, TO SEPTEMBER 5, 1946; THAT HIS TEMPORARY OFFICER APPOINTMENT WAS REVOKED AND HE REVERTED TO HIS PERMANENT ENLISTED STATUS OF CHIEF STOREKEEPER ON SEPTEMBER 6, 1946; THAT HE WAS APPOINTED A PAY CLERK FOR TEMPORARY SERVICE ON FEBRUARY 4, 1947; AND THAT HIS APPOINTMENT AS PAY CLERK WAS REVOKED AND HE REVERTED TO HIS PERMANENT ENLISTED STATUS OF CHIEF STOREKEEPER ON SEPTEMBER 1, 1947.

IN THE CASE OF RAYMOND L. BARNETT, IT IS STATED THAT HE SERVED TEMPORARILY IN OFFICER RANK FROM MARCH 7, 1945, TO AUGUST 25, 1946; THAT HIS TEMPORARY OFFICER APPOINTMENT WAS REVOKED AND HE REVERTED TO HIS PERMANENT ENLISTED STATUS OF CHIEF STOREKEEPER ON AUGUST 26, 1946; THAT HE WAS APPOINTED BY A PAY CLERK FOR TEMPORARY SERVICE ON FEBRUARY 19, 1947; AND THAT HIS APPOINTMENT AS PAY CLERK WAS REVOKED AND HE REVERTED TO HIS PERMANENT ENLISTED STATUS OF CHIEF STOREKEEPER ON SEPTEMBER 1, 1947.

EXECUTIVE ORDER 9744B, SUPRA, PROVIDES, IN PERTINENT PART---

SECTION A. CLOTHING IN KIND OR CASH ALLOWANCES IN LIEU THEREOF.

ENLISTED MEN ON ACTIVE DUTY SHALL BE ENTITLED TO CLOTHING IN KIND OR PAYMENT OF CASH ALLOWANCES IN LIEU THEREOF AS FOLLOWS:

CLOTHING QUARTERLY

ALLOWANCES MAINTENANCE

ALLOWANCE

( SEE SEC.

C)

1. ENLISTED MEN OF THE NAVY AND COAST GUARD UPON FIRST ENLISTMENT OR UPON RE- ENLISTMENT SUBSEQUENT TO EXPIRATION OF THREE MONTHS FROM DATE OF LAST DISCHARGE; AND ENLISTED MEN OF THE NAVAL AND COAST GUARD RESERVES (INCLUDING FLEET RESERVE), AND RETIRED ENLISTED MEN, UPON FIRST REPORTING FOR ACTIVE DUTY OR UPON RECALL TO ACTIVE DUTY SUBSEQUENT TO EXPIRATION OF THREE MONTHS FROM DATE OF LAST RELEASE THEREFROM:

(A) CHIEF PETTY OFFICERS, COOKS, STEWARDS, MEMBERS OF NAVY, NAVAL ACADEMY, OR COAST GUARD ACADEMY BANDS (BAND MEMBERS) ----------------- --- $300.00 $20.00

(B) ENLISTED MEN IN OTHER RATINGS ----- 119.95 12.00

2. ENLISTED MEN (EXCEPT BAND MEMBERS) UPON ADVANCEMENT IN RATING TO CHIEF PETTY OFFICER, COOK, OR STEWARD:

(A) SUBSEQUENT TO 30 DAYS FROM DATE OF ENLISTMENT OR REPORTING FOR ACTIVE DUTY -------------------------------------- 250.00 20.00

(B) WITHIN 30 DAYS FROM DATE OF ENLISTMENT OR REPORTING FOR ACTIVE DUTY - ------------------------------------- 180.05 20.00

3. ENLISTED MEN ASSIGNED TO DUTY AS BAND MEMBERS (EXCEPT THOSE HOLDING CHIEF PETTY OFFICER RATING UPON FIRST ASSIGNMENT):

(A) SUBSEQUENT TO 30 DAYS FROM DATE OF ENLISTMENT OR REPORTING FOR ACTIVE DUTY --------------------------- 250.00 20.00

(B) WITHIN 30 DAYS FROM DATE OF ENLISTMENT OR REPORTING FOR ACTIVE DUTY - ------------------------------ 180.05 20.00

10. (A) ENLISTED MEN SERVING AS COMMISSIONED OR WARRANT OFFICERS UNDER TEMPORARY APPOINTMENTS, UPON REVERTING THEREFROM TO SERVE ON EXTENDED ACTIVE DUTY AS CHIEF PETTY OFFICERS, COOKS, STEWARDS, OR MEMBERS OF THE NAVY, NAVAL ACADEMY, OR COAST GUARD ACADEMY BANDS (BAND MEMBERS); AND ENLISTED MEN WHO ARE DISCHARGED WHILE SERVING AS COMMISSIONED OR WARRANT OFFICERS UNDER TEMPORARY APPOINTMENTS, UPON REENLISTING WITHIN THREE MONTHS FOLLOWING SUCH DISCHARGE TO SERVE ON ACTIVE DUTY AS CHIEF PETTY OFFICERS, COOKS, STEWARDS, OR MEMBERS OF NAVY, NAVAL ACADEMY OR COAST GUARD ACADEMY BANDS (BAND MEMBERS); A CASH ALLOWANCE OF ----- 105.00 20.00

(B) ENLISTED MEN SERVING AS COMMISSIONED OR WARRANT OFFICERS UNDER TEMPORARY APPOINTMENTS, UPON REVERTING THEREFROM TO SERVE ON EXTENDED ACTIVE DUTY IN ANY RATING BELOW THAT OF CHIEF PETTY OFFICER, EXCEPT COOK, STEWARD, OR MEMBER OF NAVY, NAVAL ACADEMY OR COAST GUARD ACADEMY BANDS (BAND MEMBERS); AND ENLISTED MEN WHO ARE DISCHARGED WHILE SERVING AS COMMISSIONED OR WARRANT OFFICERS UNDER TEMPORARY APPOINTMENTS, UPON REENLISTING WITHIN THREE MONTHS FOLLOWING SUCH DISCHARGE TO SERVE ON ACTIVE DUTY IN ANY RATING BELOW THAT OF CHIEF PETTY OFFICER, EXCEPT COOK, STEWARD, OR MEMBER OF NAVY, NAVAL ACADEMY OR COAST GUARD ACADEMY OR COAST GUARD ACADEMY BANDS (BAND MEMBERS); A CASH ALLOWANCE OF ------------------ -------------------- 100.00

12.00

SECTION B. CLOTHING ALLOWANCE

4. AN ENLISTED MAN REDUCED IN RATING FROM CHIEF PETTY OFFICER, COOK, OR STEWARD, SHALL NOT BE REQUIRED TO REFUND PAYMENT PREVIOUSLY MADE IN ACCORDANCE WITH SUBSECTION A2; AND SHALL NOT BE ENTITLED TO A SECOND PAYMENT ON SUBSEQUENT ADVANCEMENT, OR TO A PAYMENT OF QUARTERLY MAINTENANCE ALLOWANCE PRIOR TO THE DATE SPECIFIED IN SUBSECTION C1 (A) HEREOF.

SECTION C. QUARTERLY MAINTENANCE ALLOWANCE.

1. THE QUARTERLY MAINTENANCE ALLOWANCE PRESCRIBED IN SECTION A HEREOF SHALL BE PAYABLE ON THE FIRST DAY OF EACH QUARTER TO:

(A) ENLISTED MEN ENTITLED TO A CLOTHING ALLOWANCE UNDER SUBSECTIONS 1, 2, 3, 4, 5, OR 10 OF SECTION A, OR SUBSECTIONS B5 AND B7 HEREOF, OR WHO WERE ENTITLED TO A CLOTHING ALLOWANCE UNDER EXECUTIVE ORDER 9356 OF JUNE 24, 1943, AS AMENDED, COMMENCING WITH THE FIRST DAY OF THE QUARTER FOLLOWING THE FIRST ANNIVERSARY OF THE DATE ON WHICH THEY WERE LAST ENTITLED TO SUCH CLOTHING ALLOWANCE.'

IT IS ASSUMED THAT ALEWINE AND BARNETT WERE PAID $105 AS CLOTHING ALLOWANCE UNDER SUBSECTION A 10 (A) OF THE ABOVE EXECUTIVE ORDER WHEN THEY FIRST REVERTED TO THEIR PERMANENT ENLISTED STATUS.

IN NO CASE IS PROVISION MADE IN THE EXECUTIVE ORDER FOR MORE THAN ONE "CLOTHING ALLOWANCE" FOR SERVICE IN THE SAME GRADE, REGARDLESS OF THE LENGTH OF SUCH SERVICE OR OF BREAKS THEREIN, EXCEPT IN THE CASE OF A REENLISTMENT MORE THAN THREE MONTHS AFTER DISCHARGE OR IN THE CASE OF A REPORTING FOR OR RECALL TO ACTIVE DUTY MORE THAN THREE MONTHS FROM THE DATE OF LAST RELEASE THEREFROM. WHERE PROVISION IS THUS MADE FOR MORE THAN ONE "CLOTHING ALLOWANCE" FOR SERVICE IN THE SAME GRADE, THERE IS AT LEAST A POSSIBILITY THAT THE ENLISTED MAN DID NOT ANTICIPATE A RETURN TO ACTIVE SERVICE AND ACCORDINGLY DISPOSED OF HIS UNIFORM. THAT IS NOT THE SITUATION HERE, WHERE SERVICE AS AN OFFICER AND AS AN ENLISTED MAN WAS CONTINUOUS, AND WHERE IT WAS KNOWN THAT UPON TERMINATION OF APPOINTMENTS AS OFFICERS THE MEN WOULD REVERT TO ENLISTED STATUS. THE SITUATION HERE IS SOMEWHAT ANALOGOUS TO THAT COVERED BY SUBSECTION B 4 OF THE EXECUTIVE ORDER, EXPRESSLY PROVIDING THAT A SECOND CLOTHING ALLOWANCE SHALL NOT BE GRANTED UPON SECOND ADVANCEMENT TO THE RATING OF CHIEF PETTY OFFICER. THERE IS NO BASIS FOR HOLDING THAT EXECUTIVE ORDER 9744B PRESCRIBES THAT A CLOTHING ALLOWANCE SHALL BE PAID MORE THAN ONCE BECAUSE OF REVERSION FROM A TEMPORARY OFFICER STATUS TO A PERMANENT ENLISTED STATUS. NOR DOES THERE APPEAR TO BE ANY BASIS WHY MORE LIBERAL PROVISIONS SHOULD BE READ INTO THE EXECUTIVE ORDER THAN ARE PRESCRIBED THEREIN. ASSUMING THAT ALEWINE RECEIVED $105 ON SEPTEMBER 6, 1946, HE WOULD NOT HAVE BECOME ENTITLED, HAD HE CONTINUED TO SERVE AS AN ENLISTED MAN, TO ANY FURTHER AMOUNT FOR CLOTHING UNTIL OCTOBER 1, 1947, WHEN HE WOULD HAVE BECOME ENTITLED TO $20 QUARTERLY ALLOWANCE. THERE WOULD BE NO SUBSTANTIAL BASIS FOR THE VIEW THAT BY REASON OF THE FACT THAT HE WAS NOT REQUIRED OR ALLOWED TO WEAR THE UNIFORM OF AN ENLISTED MAN FOR SOME SEVEN MONTHS PRIOR TO SEPTEMBER 1, 1947, HE SHOULD ON THAT DAY RECEIVE ANOTHER PAYMENT OF $105 FOR CLOTHING AS AN ENLISTED MAN. BARNETT'S SITUATION IS THE SAME AS ALEWINE'S IN THIS RESPECT.