B-98561, JUN. 7, 1961

B-98561: Jun 7, 1961

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WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED JUNE 7. YOUR SUBSEQUENT CLAIM FOR $250 AS SUCH ALLOWANCE WAS DISALLOWED BY DECISION B-98561. IN THAT DECISION YOU WERE ADVISED THAT YOU WERE NOT ENTITLED TO THE $150 UNIFORM ALLOWANCE FOR THE REASON THAT THE ACT OF MARCH 9. WHEREAS YOU WERE COMMISSIONED PRIOR TO THAT DATE. YOU FURTHER WERE ADVISED THAT YOU WERE NOT ENTITLED TO THE $250 UNIFORM ALLOWANCE SINCE ELIGIBILITY FOR THAT ALLOWANCE. THIS WAS AGAIN EXPLAINED TO YOU BY OFFICE LETTER OF MAY 5.

B-98561, JUN. 7, 1961

TO FIRST LIEUTENANT HOWARD K. BAKER, USAR, RETIRED:

YOUR LETTER OF APRIL 7, 1961, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR UNIFORM ALLOWANCE INCIDENT TO YOUR SERVICE AS FIRST LIEUTENANT, CAVALRY RESERVE, UNITED STATES ARMY, DURING THE PERIOD MAY 6 TO OCTOBER 3, 1942.

YOUR CLAIM, ORIGINALLY FOR $150 AS UNIFORM ALLOWANCE, WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED JUNE 7, 1944. YOUR SUBSEQUENT CLAIM FOR $250 AS SUCH ALLOWANCE WAS DISALLOWED BY DECISION B-98561, DATED FEBRUARY 1, 1951. IN THAT DECISION YOU WERE ADVISED THAT YOU WERE NOT ENTITLED TO THE $150 UNIFORM ALLOWANCE FOR THE REASON THAT THE ACT OF MARCH 9, 1942, 56 STAT. 149, PROVIDED FOR PAYMENT OF SUCH ALLOWANCE ONLY TO OFFICERS ORIGINALLY COMMISSIONED ON OR AFTER SEPTEMBER 26, 1941, WHEREAS YOU WERE COMMISSIONED PRIOR TO THAT DATE. YOU FURTHER WERE ADVISED THAT YOU WERE NOT ENTITLED TO THE $250 UNIFORM ALLOWANCE SINCE ELIGIBILITY FOR THAT ALLOWANCE, UNDER THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, REQUIRED SERVICE IN THE ARMY OF THE UNITED STATES ON OR AFTER DECEMBER 4, 1942. THIS WAS AGAIN EXPLAINED TO YOU BY OFFICE LETTER OF MAY 5, 1955. IN YOUR PRESENT LETTER YOU SAY THAT YOU RECENTLY LEARNED THAT THE LAW HAS SINCE BEEN CHANGED TO INCLUDE THOSE PERSONS WITH WARTIME SERVICE WHO DID NOT RECEIVE THE ALLOWANCE.

WHILE THE UNIFORM ALLOWANCE PROVISIONS OF THE ACTS OF MARCH 9, 1942, AND DECEMBER 4, 1942, ARE NO LONGER IN EFFECT, SUCH ALLOWANCES CURRENTLY BEING GOVERNED BY THE PROVISIONS OF SECTION 305 OF THE ACT OF OCTOBER 12, 1949, AS AMENDED, 37 U.S.C. 255, THIS OFFICE IS NOT AWARE OF ANY LAW WHICH ..END