B-134313, JAN. 15, 1958

B-134313, JAN. 15, 1958

TO CHARLES GOWIN DAVIS, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 28, 1957, RELATING TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $100, ARISING OUT OF AN OVERPAYMENT OF INITIAL UNIFORM ALLOWANCE. YOU STATED, AMONG OTHER THINGS, THAT ON AUGUST 17, 1953, YOU RECEIVED AN INITIAL UNIFORM ALLOWANCE OF $200, AND THAT ON THE SAME DAY YOU RECEIVED AN ADDITIONAL UNIFORM ALLOWANCE OF $100. ALSO, YOU SAY THAT YOU RECEIVED THE USUAL ENLISTED MAN'S CLOTHING ISSUE INCIDENT TO YOUR PRIOR ENLISTED SERVICE. YOU THEN STATED: "I PRESUME THAT YOUR POSITION IS SINCE I HAD RECEIVED A CLOTHING ALLOWANCE OR ISSUE AS AN ENLISTED MAN THAT IT PRECLUDED ME FROM RECEIVING THE ADDITIONAL UNIFORM ALLOWANCE.'

THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, HAS REPORTED THAT YOU PERFORMED ACTIVE DUTY AS AN ENLISTED MEMBER FROM NOVEMBER 10, 1952, THROUGH AUGUST 16, 1953; THAT YOU WERE HONORABLY DISCHARGED FROM YOUR ENLISTMENT ON AUGUST 16, 1953, UNDER THE PROVISIONS OF AIR FORCE REGULATION 39-14, CONVENIENCE OF THE GOVERNMENT, AND THAT ON AUGUST 17, 1953, YOU WERE ORDERED TO ACTIVE DUTY AS A FIRST LIEUTENANT PER PARAGRAPH 24, SPECIAL ORDERS NO. 155, HEADQUARTERS FIRST AIR FORCE BASE, MITCHEL AIR FORCE BASE, NEW YORK, DATED AUGUST 7, 1953. IT IS REPORTED FURTHER THAT YOU PERFORMED ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE AIR FORCE RESERVE FROM AUGUST 17, 1953, THROUGH AUGUST 16, 1956, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY.

THE PAY RECORDS SHOW THAT ON AUGUST 17, 1953, YOU WERE CREDITED WITH AN INITIAL UNIFORM ALLOWANCE OF $200, AS WELL AS WITH AN ADDITIONAL UNIFORM ALLOWANCE OF $100. SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492, PROVIDES THAT AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED "TO AN INITIAL SUM NOT TO EXCEED $200" FOR UNIFORMS UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF NINETY DAYS. SECTION 251 OF THAT ACT, 66 STAT. 495, AUTHORIZED THE SECRETARY OF THE AIR FORCE TO ISSUE REGULATIONS TO CARRY OUT THE PROVISIONS OF THE ACT. AT THE TIME YOU REPORTED FOR ACTIVE DUTY AS AN OFFICER THE ADMINISTRATIVE REGULATIONS APPLICABLE TO YOU WERE CONTAINED IN PARAGRAPH 90244A (1) D (3), AIR FORCE MANUAL 173-20, REVISED MAY 15, 1953, WHICH STATES THAT AN OFFICER OF A RESERVE COMPONENT COMMISSIONED FROM AN ACTIVE ENLISTED STATUS IN THE SAME SERVICE IN OTHER THAN A COMBAT ZONE IS ENTITLED TO AN INITIAL UNIFORM ALLOWANCE OF $100. SINCE YOU WERE COMMISSIONED FROM THE STATUS OF AN ENLISTED MAN ON ACTIVE DUTY IN THE AIR FORCE SERVING IN THE UNITED STATES IT FOLLOWS THAT THE PAYMENT TO YOU OF THE SUM OF $200 AS AN INITIAL UNIFORM ALLOWANCE WAS IN EXCESS OF THAT AUTHORIZED BY EXISTING REGULATIONS AND THE OVERPAYMENT OF $100 IS FOR REFUNDMENT BY YOU. IT IS REQUESTED THAT THE AMOUNT OF THE OVERPAYMENT BE REMITTED TO OUR OFFICE WITHIN THIRTY DAYS FROM THE DATE OF THIS LETTER. IT MAY BE ADDED THAT THE FACT YOU MAY HAVE RECEIVED A CLOTHING ALLOWANCE AS AN ENLISTED MAN HAS NO BEARING ON THE MATTER OF THE OVERPAYMENT.