B-85392, JUNE 1, 1949, 28 COMP. GEN. 677

B-85392: Jun 1, 1949

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IS NOT APPLICABLE TO INACTIVE MARINE CORPS RESERVISTS SO AS TO PRECLUDE THE PAYMENT OF DRILL. ARE ENTITLED TO PAY FOR DRILLS. IT IS IMMEDIATELY APPARENT THAT THE SAID SECTION 10 OF THE 1946 ACT MADE A MATERIAL CHANGE IN THE LANGUAGE PREVIOUSLY APPEARING IN THE ANNUAL APPROPRIATION ACTS IN THAT IT MADE THE RESTRICTION AGAINST DRAWING PAY. APPLICABLE ONLY TO THE CLASS OF OFFICERS AND ENLISTED PERSONNEL REFERRED TO THEREIN WHEN THEY ARE ON ACTIVE DUTY. IS PAYABLE ONLY TO THOSE PERSONS WHO ARE NOT ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES PROVIDED FOR IN SUBSECTIONS (A) AND (B) OF THAT SECTION. IT IS CLEAR AND THAT THE RESTRICTIONS CONTAINED IN SECTION 10 OF THE 1946 ACT WOULD NOT BE APPLICABLE TO PERSONS ENTITLED TO SUCH PAY.

B-85392, JUNE 1, 1949, 28 COMP. GEN. 677

DRILL, EQUIVALENT DUTY AND ADMINISTRATIVE DUTY PAY - MARINE CORPS RESERVISTS NOT ON ACTIVE DUTY DRAWING PENSION, DISABILITY COMPENSATION, ETC. THE RESTRICTION IN SECTION 10 OF THE ACT OF AUGUST 2, 1946, AGAINST THE PAYMENT OF PAY, ALLOWANCES, ETC., TO MEMBERS OF THE MARINE CORPS RESERVE ON ACTIVE DUTY WHILE DRAWING A PENSION, DISABILITY COMPENSATION, OR RETIRED PAY FROM THE UNITED STATES, IS NOT APPLICABLE TO INACTIVE MARINE CORPS RESERVISTS SO AS TO PRECLUDE THE PAYMENT OF DRILL, EQUIVALENT DUTY AND ADMINISTRATIVE DUTY PAY AUTHORIZED BY SECTION 14 (C) AND (D) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO SUCH RESERVISTS; NEITHER WOULD THE PAYMENT OF THE $50 ADDITIONAL UNIFORM ALLOWANCE AUTHORIZED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 BE PRECLUDED IN THE CASE OF SUCH PERSONNEL.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 1, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 7, 1949, WITH ENCLOSURES, WHEREIN YOU REQUEST DECISION AS TO WHETHER MEMBERS OF THE MARINE CORPS RESERVE, NOT ON ACTIVE DUTY, ARE ENTITLED TO PAY FOR DRILLS, EQUIVALENT DUTY, ADMINISTRATIVE DUTY, AND TO UNIFORM GRATUITY, WHILE DRAWING A PENSION, DISABILITY COMPENSATION, OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES.

THE QUESTION ARISES BECAUSE OF THE PROVISIONS OF SECTION 10 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 854, WHICH READS AS FOLLOWS:

OFFICERS AND ENLISTED PERSONNEL OF THE NAVAL RESERVE OR MARINE CORPS RESERVE ON ACTIVE DUTY SHALL NOT BE ENTITLED TO RECEIVE PAY, ALLOWANCES, TRAVEL, OR OTHER EXPENSES WHILE DRAWING A PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY (OTHER THAN AS MEMBERS OF THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE OR AS MEMBERS ON THE HONORARY RETIRED LIST OF SUCH RESERVE FORCES) FROM THE GOVERNMENT OF THE UNITED STATES. ( ITALICS SUPPLIED.)

THAT PROVISION SUPERSEDED A SIMILAR PROVISION PREVIOUSLY APPEARING IN THE ANNUAL APPROPRIATION ACTS FOR THE NAVY, UNDER THE HEADING " NAVAL RESERVE," READING AS FOLLOWS (SEE THE NAVAL APPROPRIATION ACT, 1947, 60 STAT. 481, 484):

* * * PROVIDED, THAT NO APPROPRIATION IN THIS ACT SHALL BE AVAILABLE FOR PAY, ALLOWANCES, TRAVEL, OR OTHER EXPENSES OF ANY OFFICER OR ENLISTED PERSON OF THE NAVAL OR MARINE CORPS RESERVE WHO MAY BE DRAWING A PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES, AND "RETIRED PAY" AS HERE USED SHALL NOT INCLUDE THE PAY OF MEMBERS OF THE FLEET RESERVE, FLEET MARINE CORPS RESERVE, OR MEMBERS ON THE HONORARY RETIRED LIST OF SUCH RESERVE FORCES.

IT IS IMMEDIATELY APPARENT THAT THE SAID SECTION 10 OF THE 1946 ACT MADE A MATERIAL CHANGE IN THE LANGUAGE PREVIOUSLY APPEARING IN THE ANNUAL APPROPRIATION ACTS IN THAT IT MADE THE RESTRICTION AGAINST DRAWING PAY, ALLOWANCES, ETC., APPLICABLE ONLY TO THE CLASS OF OFFICERS AND ENLISTED PERSONNEL REFERRED TO THEREIN WHEN THEY ARE ON ACTIVE DUTY. SINCE PAY FOR DRILLS, EQUIVALENT DUTY, AND ADMINISTRATIVE DUTY, PROVIDED FOR PERSONNEL OF THE MARINE CORPS RESERVE BY SUBSECTIONS (C) AND (D) OF SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, PUBLIC LAW 460, 62 STAT. 88, 89, IS PAYABLE ONLY TO THOSE PERSONS WHO ARE NOT ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES PROVIDED FOR IN SUBSECTIONS (A) AND (B) OF THAT SECTION, IT IS CLEAR AND THAT THE RESTRICTIONS CONTAINED IN SECTION 10 OF THE 1946 ACT WOULD NOT BE APPLICABLE TO PERSONS ENTITLED TO SUCH PAY.

WITH RESPECT TO THE UNIFORM GRATUITY, IT APPEARS THAT YOU HAVE REFERENCE TO THE ALLOWANCE OF $30 AUTHORIZED FOR COMMISSIONED AND WARRANT OFFICERS OF THE NAVAL RESERVE BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180 (MADE APPLICABLE TO THE MARINE CORPS RESERVE BY SECTION 2 OF THE ACT, 52 STAT. 1175), WHICH READS, IN PERTINENT PART, AS FOLLOWS:

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 NOTLESS 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 * * *.

IT IS CLEAR THAT SUCH $50 PAYMENT COULD ACCRUE TO AN OFFICER OF THE RESERVE NOT ON ACTIVE DUTY AND IN ANY CASE WHERE IT DOES SO ACCRUE THE PAYMENT THEREOF WOULD NOT BE PROHIBITED BY THE TERMS OF THE SAID SECTION 10 OF THE ACT OF AUGUST 2, 1946.