B-78309, SEPTEMBER 17, 1948, 28 COMP. GEN. 179

B-78309: Sep 17, 1948

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PROVIDING THAT SUCH PAYMENTS TO MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE THE EFFECTIVE DATE OF THE ACT SHALL BE MADE . " ARE CHARGEABLE TO THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH APPLICATION THEREFOR IS RECEIVED AND APPROVED. WHERE THE APPLICATION IS RECEIVED IN ONE FISCAL YEAR BUT NOT APPROVED UNTIL THE ENSUING FISCAL YEAR. THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH THE APPROVAL IS MADE SHOULD BE CHARGED. 1948: REFERENCE IS MADE TO YOUR LETTER OF JULY 7. 1948" MAY BE CONSIDERED OBLIGATED AND AVAILABLE FOR EXPENDITURE IN PAYMENT OF CLAIMS FOR MUSTERING-OUT PAY RECEIVED FROM MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE FEBRUARY 3.

B-78309, SEPTEMBER 17, 1948, 28 COMP. GEN. 179

APPROPRIATIONS - FISCAL YEAR - MUSTERING-OUT PAYMENTS MUSTERING-OUT PAYMENTS UNDER SECTION 3 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED, PROVIDING THAT SUCH PAYMENTS TO MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE THE EFFECTIVE DATE OF THE ACT SHALL BE MADE ,BEGINNING WITHIN ONE MONTH AFTER APPLICATION HAS BEEN RECEIVED AND APPROVED," ARE CHARGEABLE TO THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH APPLICATION THEREFOR IS RECEIVED AND APPROVED, AND WHERE THE APPLICATION IS RECEIVED IN ONE FISCAL YEAR BUT NOT APPROVED UNTIL THE ENSUING FISCAL YEAR, THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH THE APPROVAL IS MADE SHOULD BE CHARGED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, SEPTEMBER 17, 1948:

REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1948, WITH ENCLOSURE, WHEREIN YOU REQUEST A DECISION AS TO WHETHER FUNDS PROVIDED IN THE APPROPRIATION " FINANCE SERVICE, ARMY, 1948" MAY BE CONSIDERED OBLIGATED AND AVAILABLE FOR EXPENDITURE IN PAYMENT OF CLAIMS FOR MUSTERING-OUT PAY RECEIVED FROM MEMBERS OF THE ARMED FORCES WHO WERE DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE FEBRUARY 3, 1944, AND WHO MAKE APPLICATION NOT LATER THAN FEBRUARY 3, 1950.

SECTION 3 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, APPROVED FEBRUARY 3, 1944, AS ORIGINALLY ENACTED (58 STAT. 9), PROVIDED, IN PERTINENT PART, THAT---

ANY MEMBER OF THE ARMED FORCES ENTITLED TO MUSTERING-OUT PAYMENT WHO SHALL HAVE BEEN DISCHARGED OR RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS BEFORE THE EFFECTIVE DATE OF THIS ACT SHALL, IF APPLICATION THEREFOR IS MADE WITHIN TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, BE PAID SUCH MUSTERING-OUT PAYMENT BY THE WAR DEPARTMENT OR THE NAVY DEPARTMENT, AS THE CASE MAY BE, BEGINNING WITHIN ONE MONTH AFTER APPLICATION HAS BEEN RECEIVED AND APPROVED BY SUCH DEPARTMENT * * *. ( ITALICS SUPPLIED.)

THAT SECTION WAS AMENDED BY THE ACT OF MAY 19, 1948, PUBLIC LAW 539, 62 STAT. 241, WHICH PROVIDES---

THAT SECTION 3 OF THE MUSTERING-OUT PAYMENT ACT OF 1944, AS AMENDED ( U.S.C., 1940 EDITION, SUPP. V., TITLE 38, SEC. 691C), IS AMENDED BY STRIKING OUT "WITHIN TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT" AND INSERTING IN LIEU THEREOF "NOT LATER THAN FEBRUARY 3, 1950.'

SECTION 7 OF THE 1944 ACT (58 STAT. 10) PROVIDES, IN PERTINENT PART, THAT

APPROPRIATIONS FOR THE ARMY AND NAVY, AND THE SEVERAL COMPONENTS THEREOF, RESPECTIVELY, SHALL BE AVAILABLE FOR THE PAYMENTS PROVIDED BY THIS ACT AND NECESSARY ADMINISTRATIVE EXPENSES. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED SUCH ADDITIONAL SUMS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. * * *

WHILE THE VIEW MIGHT BE TAKEN THAT CLAIMS FOR MUSTERING-OUT PAYMENTS MADE BY PERSONNEL DISCHARGED OR RELIEVED FROM ACTIVE SERVICE PRIOR TO FEBRUARY 3, 1944 (THE DATE OF THE APPROVAL OF THE SAID MUSTERING-OUT PAYMENT ACT OF 1944), ARE CHARGEABLE ONLY TO APPROPRIATIONS MADE FOR THE FISCAL YEAR 1944, THE LANGUAGE OF SECTION 3 OF THE ACT PROVIDING THAT SUCH PAYMENTS SHALL BE PAID ,BEGINNING WITHIN ONE MONTH AFTER APPLICATION HAS BEEN RECEIVED AND APPROVED" WOULD INDICATE AN INTENT THAT THEY SHOULD BE CHARGED TO THE APPROPRIATION CURRENT AT THE TIME SUCH APPLICATION IS RECEIVED AND APPROVED. CERTAINLY, THE LANGUAGE OF SECTION 7 OF THE ACT MAKING APPROPRIATIONS FOR THE ARMY AND NAVY GENERALLY AVAILABLE FOR PAYMENTS PROVIDED BY THAT ACT IS BROAD ENOUGH TO SUPPORT SUCH VIEW; AND THAT SUCH WAS THE INTENT OF THE CONGRESS WOULD SEEM TO BE INDICATED BY THE FACT THAT, IN ENACTING THE ACT OF MAY 19, 1948, SUPRA, NO PROVISION WAS MADE FOR ANY ADDITIONAL APPROPRIATIONS FOR SUCH PAYMENTS. IN VIEW OF THE NATURE OF THE LEGISLATION IT MAY BE ASSUMED THAT, IF THE CONGRESS HAD CONSIDERED THAT SUFFICIENT PROVISION ALREADY HAD NOT BEEN MADE THEREFOR, THE NECESSARY FUNDS WOULD HAVE BEEN APPROPRIATED.

IN VIEW OF ALL THE CIRCUMSTANCES, I AM OF THE OPINION THAT THE PAYMENTS IN QUESTION SHOULD BE CHARGED TO THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH APPLICATION THEREFOR IS RECEIVED AND APPROVED. AND WHERE THE APPLICATION IS RECEIVED IN ONE FISCAL YEAR BUT NOT APPROVED UNTIL THE ENSUING FISCAL YEAR, THE APPROPRIATION FOR THE FISCAL YEAR IN WHICH THE APPROVAL IS MADE SHOULD BE CHARGED.