B-7842, MARCH 21, 1940, 19 COMP. GEN. 801

B-7842: Mar 21, 1940

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ALLOWANCES AS FOR WIFE - NAVAL RESERVE AVIATION CADETS BREACHING AGREEMENT NOT TO MARRY OTHERWISE PROPER PAYMENTS OF ALLOWANCES AS FOR A LAWFUL WIFE IN THE CASE OF AVIATION CADETS OF THE NAVAL RESERVE WHO BREACH THEIR AGREEMENT NOT TO MARRY DURING THE FIRST 2 YEARS OF ACTIVE DUTY WILL NOT BE QUESTIONED IN THE AUDIT OF ACCOUNTS UNLESS THE DISCIPLINARY ACTION BY THE DEPARTMENT TAKES THE FORM OF SEPARATION FROM THE SERVICE. 1940: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29. AS FOLLOWS: THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM LIEUTENANT M. FOR YOUR FURTHER INFORMATION THERE IS ENCLOSED A COPY OF THE APPOINTMENT OF ONE OF THE RESERVE OFFICERS CONCERNED ( WALTER M. SETTING FORTH THE DIRECTIVE OF THE SECRETARY OF THE NAVY THAT AGREEMENTS OF AVIATION CADETS TO REMAIN UNMARRIED DURING THE PERIOD OF ACTIVE DUTY WILL IN ALL CASES BE CONSIDERED TO BE TERMINATED AT THE END OF THE FIRST 2-YEAR PERIOD OF SUCH ACTIVE DUTY (INCLUDING PERIOD OF TRAINING DUTY AT PENSACOLA).

B-7842, MARCH 21, 1940, 19 COMP. GEN. 801

ALLOWANCES AS FOR WIFE - NAVAL RESERVE AVIATION CADETS BREACHING AGREEMENT NOT TO MARRY OTHERWISE PROPER PAYMENTS OF ALLOWANCES AS FOR A LAWFUL WIFE IN THE CASE OF AVIATION CADETS OF THE NAVAL RESERVE WHO BREACH THEIR AGREEMENT NOT TO MARRY DURING THE FIRST 2 YEARS OF ACTIVE DUTY WILL NOT BE QUESTIONED IN THE AUDIT OF ACCOUNTS UNLESS THE DISCIPLINARY ACTION BY THE DEPARTMENT TAKES THE FORM OF SEPARATION FROM THE SERVICE, EITHER BY RELIEF FROM ACTIVE DUTY OR DISCHARGE FROM THE NAVAL RESERVE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 21, 1940:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29, 1939, AS FOLLOWS:

THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM LIEUTENANT M. H. COX, SUPPLY CORPS, U.S. NAVY, DISBURSING OFFICER, AIRCRAFT BATTLE FORCE, U.S. FLEET, U.S.S. YORKTOWN, DATED NOVEMBER 16, 1939, WITH ACCOMPANYING ENDORSEMENTS THEREON, WITH REQUEST FOR YOUR DECISION AS TO THE RIGHT OF THE OFFICERS OF THE U.S. NAVAL RESERVE, A V (N), THEREIN NAMED TO RECEIVE PAYMENT OF RENTAL AND SUBSISTENCE ALLOWANCES AS OFFICERS WITH DEPENDENTS (LAWFUL WIFE) UNDER THE CONDITIONS SET FORTH IN THE ENCLOSURES.

FOR YOUR FURTHER INFORMATION THERE IS ENCLOSED A COPY OF THE APPOINTMENT OF ONE OF THE RESERVE OFFICERS CONCERNED ( WALTER M. HUNTER) AS AN AVIATION CADET IN THE U.S. NAVAL RESERVE, WITH OATH OF OFFICE ANNEXED, TOGETHER WITH COPY OF HIS APPLICATION FOR AVIATION TRAINING IN THE U.S. NAVAL RESERVE AND A COPY OF NAVAL RESERVE CIRCULAR LETTER NO. 24-36, DATED OCTOBER 5, 1936, SETTING FORTH THE DIRECTIVE OF THE SECRETARY OF THE NAVY THAT AGREEMENTS OF AVIATION CADETS TO REMAIN UNMARRIED DURING THE PERIOD OF ACTIVE DUTY WILL IN ALL CASES BE CONSIDERED TO BE TERMINATED AT THE END OF THE FIRST 2-YEAR PERIOD OF SUCH ACTIVE DUTY (INCLUDING PERIOD OF TRAINING DUTY AT PENSACOLA).

ASSUMING THAT THE MARRIAGES OF THESE RESERVE OFFICERS WERE LEGAL IN ALL RESPECTS, THE NAVY DEPARTMENT IS OF THE OPINION THAT THE PRESENT STATUS OF EACH SUCH OFFICER FOR THE PURPOSE OF DEPENDENCY ALLOWANCES IS NOW AND HAS BEEN SINCE THE DATE OF HIS MARRIAGE THAT OF AN OFFICER WITH DEPENDENTS (LAWFUL WIFE) WITHIN THE MEANING OF THE TERM "DEPENDENT" AS DEFINED IN SECTION 4 OF THE PAY ACT OF JUNE 10, 1922 (42 STAT. 627; 37 U.S.C. 8), AND THAT EACH SUCH OFFICER, WHILE EMPLOYED ON ACTIVE DUTY, IS ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES AS AN OFFICER WITH DEPENDENTS (LAWFUL WIFE), IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 5 AND 6 OF THE CITED ACT OF JUNE 10, 1922, AS AMENDED (37 U.S.C. 9, 10).

THE LETTER OF LIEUTENANT COX, TRANSMITTED, REPORTS THAT NINE NAVAL RESERVE AVIATION OFFICERS, SO COMMISSIONED FROM AVIATION CADETS, UNITED STATES NAVAL RESERVE, HAVE SUBMITTED RENTAL ALLOWANCE VOUCHERS FOR A "LAWFUL WIFE" IN WHICH THEY HAVE CERTIFIED DATES OF MARRIAGE SHOWING THAT THE MARRIAGE WAS IN CONTRAVENTION OF THE TERMS OF THEIR AGREEMENTS TO REMAIN UNMARRIED FOR THE FIRST 2 YEARS OF THEIR SERVICE FOLLOWING APPOINTMENT AS AVIATION CADETS, UNITED STATES NAVAL RESERVE.

THE COPY OF THE HUNTER APPLICATION (UNDATED), ENCLOSED WITH YOUR LETTER, CONTAINS A PARAGRAPH---

I AM UNMARRIED AND AGREE TO REMAIN UNMARRIED UNTIL THE TERMINATION OF MY TRAINING PERIOD, INCLUDING SUCH ACTIVE DUTY WITH THE FLEET AS THE BUREAU OF NAVIGATION MAY AUTHORIZE, UPON THE COMPLETION OF THE PENSACOLA COURSE.

HIS ACCEPTANCE OF APPOINTMENT DATED DECEMBER 18, 1936, AT THE NAVY RECRUITING STATION, LOUISVILLE, KY., TO WHICH IS APPENDED THE OATH OF OFFICE SUBSCRIBED TO AT THE SAME TIME AND PLACE, IS AS FOLLOWS:

I HEREBY ACCEPT APPOINTMENT AS AN AVIATION CADET IN THE UNITED STATES NAVAL RESERVE, AND AGREE, UNDER THE TERMS AND CONDITIONS SET FORTH IN MY APPLICATION FOR AVIATION TRAINING IN THE UNITED STATES NAVAL RESERVE, TO SERVE FOR A CONTINUOUS PERIOD OF FOUR YEARS ON ACTIVE DUTY, UNLESS SOONER RELEASED.

NAVAL RESERVE CIRCULAR LETTER NO. 24-36 OF OCTOBER 5, 1936, IS AS FOLLOWS:

1. REFERENCE (A) ( ARTICLE H-5302, PAR. 2, BUNAV. MANUAL) PRESCRIBES THAT AVIATION CADETS OF THE NAVAL RESERVE MUST BE UNMARRIED AT TIME OF APPOINTMENT AND MUST REMAIN SO DURING FIRST TWO YEARS OF ACTIVE DUTY PERIOD. IT SUPERSEDES PREVIOUS INSTRUCTIONS AS APPROVED BY THE SECRETARY OF THE NAVY IN REFERENCE (B) ( CH. OF BUNAV. LTR. 165 SG QR5 (57) TO SECNAV., DATED APRIL 25, 1935) WHICH REQUIRED THAT AVIATION CADETS AGREE TO REMAIN UNMARRIED DURING THE FULL FOUR-YEAR PERIOD OF ACTIVE DUTY. THESE INSTRUCTIONS WERE PROMULGATED TO THE SERVICE IN REFERENCES (C) ( NAV. RES. CIR. LTR. NO. 7-35) AND (D) ( NAV. RES. CIR. LTR. NO. 4-36).

2. IN ORDER THAT ALL AVIATION CADETS MAY BE PLACED IN THE SAME STATUS AS REGARDS THE MARRIAGE RESTRICTION, THE SECRETARY OF THE NAVY IN REFERENCE (E) ( CH. OF BUNAV. LTR. 165 SG QR5/P11-1 (203) TO SECNAV., DATED SEPTEMBER 25, 1936) HAS DIRECTED THAT AGREEMENTS TO REMAIN UNMARRIED DURING THE PERIOD OF ACTIVE DUTY WILL IN ALL CASES BE CONSIDERED TO BE TERMINATED AT THE END OF THE FIRST TWO-YEAR PERIOD OF SUCH ACTIVE DUTY (INCLUDING PERIOD OF TRAINING DUTY AT PENSACOLA).

BY SECOND ENDORSEMENT ON LETTER OF NOVEMBER 16, 1939, FROM LT. M. H. COX ( S.C.) UNITED STATES NAVY, REPORTING THAT THE OFFICERS MENTIONED THEREIN HAD FILED WITH HIM RENTAL VOUCHERS FOR A ,LAWFUL WIFE," THE CHIEF OF THE BUREAU OF NAVIGATION STATED THAT THE BUREAU HAD ADDRESSED LETTERS TO EACH OF THE OFFICERS NAMED IN PARAGRAPH 4 OF THE BASIC LETTER REQUESTING STATEMENTS IN THE PREMISES BEFORE TAKING APPROPRIATE DISCIPLINARY ACTION. THE DISBURSING OFFICER'S LETTER SHOWS, AS BELOW, THE DATES ON WHICH THE OFFICERS REPORTED AT PENSACOLA AIR STATION UNDER THE TERMS OF THEIR APPOINTMENTS AND THE DATES OF MARRIAGE OF THE NINE OFFICERS, TO WHICH HAS BEEN ADDED A COLUMN SHOWING THE PERIOD LESS THAN 2 YEARS BETWEEN THE DATE OF REPORTING AND DATE OF MARRIAGE, APPARENTLY APPLICABLE UNDER THE TERMS OF NAVAL RESERVE AVIATION LETTER 24-36 OF OCTOBER 5, 1936, QUOTED ABOVE:

CHART

DATE REPORTED ( PENSACOLA) DATE MARRIAGE ADDITIONAL PERIOD

REQUIRED TO COMPLETE

2 YEARS ------------------------------------------------------------ ----

NOV. 24, 1935 -------------- NOV. 19, 1937 ---- 5 DAYS.

OCT. 25, 1935 -------------- OCT. 9, 1937 ----- 16 DAYS.

OCT. 26, 1935 -------------- OCT. 24, 1937 ---- 2 DAYS.

DEC. 29, 1936 -------------- SEPT. 3, 1938 ---- 3 MONTHS, 26 DAYS.

SEPT. 26, 1936 ------------- SEPT. 3, 1938 ---- 23 DAYS.

NOV. 28, 1936 -------------- NOV. 24, 1938 ---- 4 DAYS.

DEC. 30, 1936 -------------- DEC. 23, 1938 ---- 7 DAYS.

JAN. 24, 1936 -------------- DEC. 27, 1937 ---- 28 DAYS.

AUG. 27, 1937 -------------- AUG. 26, 1939 ---- 1 DAY.

IT IS NOTED THAT, WITH POSSIBLY ONE EXCEPTION, THE REQUIRED PERIOD OF SERVICE BEFORE MARRYING WAS SUBSTANTIALLY COMPLETED IN EACH OF THESE PARTICULAR CASES. IN THAT CONNECTION IT MAY BE STATED THAT AN INCONSEQUENTIAL DEVIATION FROM THE STRICT LETTER OF THE AGREEMENT, IN THE ABSENCE OF DISCIPLINARY ACTION BY THE DEPARTMENT RELIEVING THE OFFICER FROM ACTIVE DUTY OR DISCHARGING HIM FOR FAILURE TO OBSERVE THE STRICT LETTER OF THE AGREEMENT, WOULD NOT ORDINARILY REQUIRE ACTION IN THE AUDIT OF THE ACCOUNTS. HOWEVER, IT IS ASSUMED DECISION IS DESIRED FOR GUIDANCE IN CASES MORE CLEARLY SHOWING SUBSTANTIAL FAILURE TO CONFORM TO THE TERMS OF THE AGREEMENT, AND THE MATTER WILL BE CONSIDERED ON THAT BASIS.

THE ACT OF APRIL 15, 1935, 49 STAT. 156, CREATED THE GRADE OF AVIATION CADET IN THE NAVAL RESERVE AND THE MARINE CORPS RESERVE AND PROVIDED:

AVIATION CADETS SHALL BE APPOINTED BY THE SECRETARY OF THE NAVY FROM MALE CITIZENS OF THE UNITED STATES UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE: PROVIDED, THAT EACH AVIATION CADET SHALL SIGN AN AGREEMENT, WITH THE CONSENT OF HIS PARENT OR GUARDIAN, IF HE BE A MINOR, TO SERVE FOR A CONTINUOUS PERIOD OF FOUR YEARS ON ACTIVE DUTY, UNLESS SOONER RELEASED: PROVIDED FURTHER, THAT THE SECRETARY OF THE NAVY IS AUTHORIZED TO DISCHARGE AT ANY TIME ANY AVIATION CADET, OR TO RELEASE HIM FROM ACTIVE DUTY. * * * SECTIONS 5 AND 6 OF THE JOINT PAY ACT OF 1922, AS AMENDED, 37 U.S.C., SECTIONS 9 AND 10, PROVIDE SUBSISTENCE AND RENTAL ALLOWANCES PAYABLE IN GREATER NUMBER (EXCEPT TO ENSIGNS AND SECOND LIEUTENANTS RECEIVING THE PAY OF THE FIRST PERIOD) AND IN DIFFERENT CIRCUMSTANCES TO OFFICERS WITH DEPENDENTS THAN TO OFFICERS WITHOUT DEPENDENTS, AND SECTION 4 OF THE ACT (37 U.S.C. 8) DEFINES THE TERM "DEPENDENT" AS THEREIN USED AS INCLUDING "AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE.' NOTWITHSTANDING APPARENTLY ALL-INCLUSIVE LANGUAGE OF THE STATUTE, THE COURT OF CLAIMS IN THE CASE OF ROBEY V. UNITED STATES, 71 CT.1CLS. 561 (SUMMARIZING THE SYLLABUS), HELD THAT AN OFFICER OF THE NAVY WHO IS SEPARATED FROM HIS WIFE AND DOES NOT SUPPORT HER IS NOT ENTITLED UNDER THE STATUTE TO RENTAL AND SUBSISTENCE ALLOWANCES IN RIGHT TO HIS WIFE, ALTHOUGH SHE REMAINS HIS LAWFUL WIFE.

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES, WITHOUT QUALIFICATION, THAT WHEN AN OFFICER HAVING A WIFE OR DEPENDENT CHILD OR CHILDREN IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION "THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND * * * TO HIS NEW STATION FOR THE WIFE AND DEPENDENT CHILD OR CHILDREN.' SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, GAVE AUTHORITY FOR THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO THE COMMERCIAL COST OF THE TRANSPORTATION FOR DEPENDENTS AUTHORIZED BY THE 1920 ACT WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED. UNDER THESE STATUTES THE COURT OF CLAIMS IN THE CASE OF CULP V. UNITED STATES, 76 CT.1CLS. 507, HELD THAT WHERE THE DEPARTMENT REFUSED TO AUTHORIZE THE TRANSPORTATION OF THE DEPENDENTS OF AN OFFICER TO HIS NEW STATION BECAUSE OF UNSETTLED CONDITIONS AT THE NEW STATION AND THE OFFICER NEVERTHELESS CAUSED THE TRANSPORTATION OF HIS DEPENDENTS THERE, WITHOUT HAVING SECURED AUTHORIZATION THEREFOR, HE COULD NOT RECOVER THE COST OF THE TRANSPORTATION. (SEE, ALSO, A-22281, APRIL 25, 1928, CASE OF NIBECKER, IN WHICH THE DEPARTMENT RECOMMENDED ADVERSE ACTION ON THE CLAIM.)

SECTION 126 OF THE NATIONAL DEFENSE ACT PROVIDES THAT AN ENLISTED MAN DISCHARGED FROM THE ARMY, NAVY, OR MARINE CORPS EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE SHALL RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS ACCEPTANCE FOR ENLISTMENT. WHERE AN ENLISTED MAN HAD AVOIDED TRANSFER TO THE COAST ON WHICH HE HAD ENLISTED AS PROVIDED BY NAVY REGULATIONS (SEE, ALSO, SEC. 1422, REVISED STATUTES) ON HIS AGREEMENT TO REENLIST AT THE EXPIRATION OF CURRENT ENLISTMENT AND THEREAFTER REFUSED TO REENLIST AS AGREED, THIS OFFICE DENIED PAYMENT OF THE TRAVEL ALLOWANCE PROVIDED BY LAW. 6 COMP. GEN. 258; ACCORD OP. JUD. ADV. GEN. OF THE ARMY 1912, PARAGRAPH XVI A 2.

SECTION 2 OF THE ACT OF MAY 6, 1932, 47 STAT. 149, IS IN PART AS FOLLOWS:

THAT ALL COMMISSIONS HEREAFTER ISSUED AS ENSIGNS IN THE LINE OF THE NAVY, SECOND LIEUTENANTS IN THE MARINE CORPS, AND IN THE LOWEST COMMISSIONED GRADES OF THE STAFF CORPS OF THE NAVY WITH THE RANK OF ENSIGN, MAY BE REVOKED BY THE SECRETARY OF THE NAVY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, AT ANY TIME DURING A PERIOD OF TWO YEARS FROM THE DATES OF SUCH COMMISSIONS, AND EACH OFFICER WHOSE COMMISSION IS SO REVOKED SHALL BE DISCHARGED FROM THE SERVICE WITH NOT MORE THAN ONE YEAR'S PAY. * * * SEE SECTION 14A OF THE ACT OF JUNE 23, 1938, 52 STAT. 951, EXTENDING THE PROBATIONARY PERIOD TO 7 YEARS. PARAGRAPH 1 (B) OF NAVY DEPARTMENT GENERAL ORDERS NO. 46, DATED MAY 13, 1935, PROMULGATING " REGULATIONS REGARDING OFFICERS SERVING UNDER REVOCABLE COMMISSIONS" PROVIDES:

IN CASE ANY OFFICER WHO MAY HEREAFTER BE COMMISSIONED IN THE NAVY OR MARINE CORPS MARRIES DURING THE PERIOD THAT HE IS SERVING UNDER A REVOCABLE COMMISSION AS PROVIDED BY THE TERMS OF THE ACT CITED ABOVE (ACT OF MAY 6, 1932) SUCH MARRIAGE WILL BE CONSIDERED CAUSE FOR THE REVOCATION OF HIS COMMISSION. SEE, ALSO, NAVY DEPARTMENT GENERAL ORDER NO. 117, JUNE 12, 1939.

THE ACT OF JULY 25, 1939 ( PUBLIC, NO. 202) 53 STAT. 1075,"TO PROVIDE FOR PROBATIONARY APPOINTMENTS OF OFFICERS IN THE REGULAR ARMY" CONTAINS A PROVISO---

* * * THAT UNTIL JULY 1, 1942, THE MARRIAGE OF AN OFFICER SHALL NOT BE A CAUSE FOR REVOCATION OF COMMISSION BUT THAT AFTER THAT DATE, UNDER REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN THIS ACT, MARRIAGE MAY BE A CAUSE FOR REVOCATION OF COMMISSION ONLY IN THE EVENT THAT THE OFFICER MARRIES WITHIN ONE YEAR SUBSEQUENT TO THE DATE OF HIS ORIGINAL COMMISSION.

SENATE REPORT NO. 166 ON S. 1155, WHICH BECAME THE ACT OF JULY 25, 1939, THE PROVISO OF WHICH IS QUOTED ABOVE, CONTAINS THE FOLLOWING:

* * * THE COMMITTEE BELIEVE THAT YOUNG MEN COMMISSIONED IN THE ARMY AND DURING THE FIRST 3 YEARS OF THEIR SERVICE ( HOUSE REPORT NO. 809 ON THE COMPANION BILL H.R. 3654 READS "FIRST 2 EARS") SHOULD BE ENTIRELY FREE FROM DOMESTIC OBLIGATIONS WHICH INTERFERE WITH THE FULL AND COMPLETE DEVOTION OF THEIR ENTIRE TIME AND ENERGY TO PERFECTING THEMSELVES IN THEIR NEW PROFESSION.

PRESENT REGULATIONS PROHIBIT THE MARRIAGE OF CADETS OF THE UNITED STATES MILITARY ACADEMY AND OF FLYING CADETS OF THE AIR CORPS TRAINING CENTER PRIOR TO APPOINTMENT AS COMMISSIONED OFFICERS. LIKEWISE THE MARRIAGE OF RESERVE OFFICERS ON EXTENDED ACTIVE DUTY UNDER THE PROVISIONS OF THE ACT OF AUGUST 30, 1938 ( THOMASON ACT) IS PROHIBITED BOTH DURING THE TRAINING PERIOD AND PRIOR TO APPOINTMENT IN THE REGULAR ARMY. IT THUS APPEARS THAT THE CONGRESS HAS GIVEN ATTENTION TO THE MATTER OF THE MARITAL CONDITION OF JUNIOR OFFICERS OF THE ARMED SERVICES, AND THE AGREEMENT REQUIRED OF AVIATION CADETS OF THE UNITED STATES NAVAL RESERVE IS IN ACCORD WITH THE EXPRESSED POLICY OF THE CONGRESS.

WHERE THERE IS A VIOLATION OF THE AGREEMENT THE QUESTION OF DISCIPLINARY ACTION AND ITS CHARACTER IS, OF COURSE, ENTIRELY A MATTER FOR THE NAVY DEPARTMENT, AND IF THE OFFICER BE NOT SEPARATED FROM THE SERVICE FOR THAT CAUSE NO QUESTION WILL BE RAISED IN THE AUDIT OF ACCOUNTS AS TO OTHERWISE PROPER PAYMENTS OF ALLOWANCES AS AN OFFICER WITH A LAWFUL WIFE FROM THE DATE OF MARRIAGE. AS TO OFFICERS FALLING WITHIN THE TERMS OF SECTION 8 OF THE ACT OF JUNE 13, 1939 ( PUBLIC, NO. 129) 53 STAT. 820, ANY PAYMENTS OF ALLOWANCES AS OFFICERS WITH DEPENDENTS WILL BE FOR CONSIDERATION THEREUNDER.

HOWEVER, WHERE THE DISCIPLINARY ACTION TAKES THE FORM OF SEPARATION FROM THE SERVICE, EITHER BY RELIEF FROM ACTIVE DUTY OR DISCHARGE FROM THE NAVAL RESERVE, BECAUSE OF THE VIOLATION OF THE AGREEMENT IN THIS RESPECT THE SITUATION IS DIFFERENT. IN THE CASE OF AVIATION CADETS OF THE UNITED STATES NAVAL RESERVE, THE GOVERNMENT HAS EXPENDED A SUBSTANTIAL AMOUNT FOR THEIR TRAINING AS AVIATORS, REACHING PROBABLY SEVERAL THOUSANDS OF DOLLARS IN EACH INDIVIDUAL CASE, ALL WITH THE OBJECT AND EXPECTATION THAT THE GOVERNMENT SHALL HAVE THE BENEFIT OF THE CADET'S SKILLED SERVICE FOR PERIODS THEREAFTER AS PERMITTED BY STATUTE AND AS THE NEEDS OF THE SERVICE MAY REQUIRE. WHEN SUCH AN OFFICER BY VIOLATING HIS AGREEMENT NECESSITATES HIS SEPARATION FROM THE SERVICE HE THEREBY DEPRIVES THE GOVERNMENT OF PRACTICALLY ALL OF THE BENEFITS INTENDED TO BE DERIVED FROM THE EXPENDITURES MADE FOR HIS TRAINING. MANIFESTLY AN OFFICER WHO BREACHES HIS AGREEMENT TO THE DETRIMENT OF THE GOVERNMENT CANNOT, BY THE VERY ACT WHICH CONSTITUTED THE BREACH, CREATE IN HIMSELF A RIGHT TO ANY ALLOWANCE IN ANY AMOUNT TO WHICH HE WOULD NOT HAVE BEEN ENTITLED IN THE ABSENCE OF THE BREACH. IN SUCH A SITUATION THERE IS FOR APPLICATION THE LEGAL MAXIM TO THE EFFECT THAT NO ONE SHALL PROFIT BY HIS OWN WRONG. IN THE LANGUAGE OF THE COURT OF CLAIMS IN THE ROBEY CASE, 71 CT.1CLS. AT 566---

* * * CONCEDING THAT THE PLAINTIFF COMES WITHIN THE LETTER OF THE STATUTE,"THE TERM "DEPENDENT" * * * SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE," HE MANIFESTLY DOES NOT COME WITHIN ITS SPIRIT NOR WITHIN THE UNDOUBTED INTENTIONS OF ITS MAKERS. * * *

ACCORDINGLY, YOU ARE ADVISED THAT AN AVIATION CADET OF THE NAVAL RESERVE WHO BREACHES HIS AGREEMENT NOT TO MARRY DURING THE FIRST 2 YEARS OF ACTIVE DUTY AND WHO IS EITHER RELIEVED FROM ACTIVE DUTY OR DISCHARGED FROM THE NAVAL RESERVE BECAUSE OF SUCH BREACH OF HIS AGREEMENT SHOULD NOT BE CREDITED WITH ALLOWANCES AS AN OFFICER WITH A LAWFUL WIFE FROM THE DATE OF MARRIAGE TO THE DATE OF SUCH RELIEF FROM ACTIVE DUTY OR DISCHARGE FROM THE NAVAL RESERVE.