B-112407, MAY 11, 1953, 32 COMP. GEN. 502

B-112407, MAY 11, 1953, 32 COMP. GEN. 502

UNIFORM ALLOWANCE - SATISFACTORY FEDERAL SERVICE - RESERVE OFFICERS - ARMED FORCES RESERVE ACT OF 1952 A RESERVE OFFICER WHO WAS ORDERED TO ACTIVE DUTY IN EXCESS OF 90 DAYS PRIOR TO JANUARY 1, 1953, THE EFFECTIVE DATE OF SECTION 243 (A) (1) OF THE ARMED FORCES RESERVE ACT OF 1952, AND WHO HAD NOT PREVIOUSLY RECEIVED AN INITIAL UNIFORM ALLOWANCE, WOULD NOT UPON CONTINUANCE OF ACTIVE DUTY BEYOND JANUARY 1, 1953, BECOME ENTITLED ON THAT DATE TO THE $200 INITIAL UNIFORM ALLOWANCE PROVIDED BY THE SAID SECTION UNLESS HIS ORDERS CONTEMPLATED THE PERFORMANCE OF A PERIOD OF ACTIVE DUTY IN EXCESS OF 90 DAYS AFTER DECEMBER 31, 1952. FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO SUBSEQUENTLY ARE APPOINTED RESERVE OFFICERS IN ANY OF THE ARMED FORCES ARE NOT PRECLUDED, BY THE SECOND PROVISO IN SECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952, FROM RECEIVING THE $200 INITIAL UNIFORM ALLOWANCE PROVIDED BY THE SAID SECTION BECAUSE OF THE RECEIPT OF AN ISSUE OF UNIFORMS IN KIND WHILE IN THE WOMEN'S ARMY AUXILIARY CORPS. RESERVE OFFICERS OF THE ARMED FORCES WHO HAVE PREVIOUSLY RECEIVED THE PERIODIC $50 UNIFORM ALLOWANCES AUTHORIZED BY THE ACT OF MAY 14, 1940, FOR OFFICERS OF THE OFFICERS' RESERVE CORPS, ARE NOT BARRED BY THE SECOND PROVISO OF SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952 FROM RECEIVING THE $200 INITIAL UNIFORM ALLOWANCE PROVIDED BY THE SAID SECTION. THE UNIFORM ALLOWANCE PROVISIONS OF SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PERTAIN GENERALLY TO RESERVE OFFICERS, APPLY TO ENLISTED MEMBERS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE TEMPORARILY APPOINTED TO RESERVE OFFICER GRADES UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF JULY 24, 1941, OR UNDER SECTION 302 (E) OF THE OFFICER PERSONNEL ACT OF 1947, HOWEVER SUCH MEMBERS ARE NOT ENTITLED TO PAYMENT OF THE $250 UNIFORM ALLOWANCE PROVIDED BY THE LATTER TWO ACTS FOR ENLISTED MEN APPOINTED AS OFFICERS IN THE REGULAR SERVICES. DRILLS PERFORMED BY A RESERVE OFFICER OF THE ARMED FORCES PRIOR TO JANUARY 1, 1953, THE EFFECTIVE DATE OF SECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952 WHICH PROVIDES A $200 INITIAL UNIFORM ALLOWANCE AFTER THE PERFORMANCE OF 14 PERIODS OF INACTIVE-DUTY TRAINING IN THE READY RESERVE ESTABLISHED BY SECTION 204 OF SAID ACT, MAY NOT BE COMBINED WITH DRILLS PERFORMED SUBSEQUENT TO THE ACT AS A MEMBER OF THE READY RESERVE SO AS TO ENTITLE THE OFFICER TO THE $200 INITIAL UNIFORM ALLOWANCE. UNDER SECTION 243 (A) (2) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO A $200 INITIAL UNIFORM ALLOWANCE "UPON COMPLETION," AS A MEMBER OF A RESERVE COMPONENT, OF NOT LESS THAN 14 DAYS' ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING, AN OFFICER OF A RESERVE COMPONENT WHO COMPLETED A 14 DAYS' ACTIVE DUTY FOR TRAINING PERIOD WHICH STARTED BEFORE THE EFFECTIVE DATE OF THE ABOVE SECTION OF THE ACT AND ENDED AFTER THAT DATE IS ENTITLED TO THE $200 INITIAL UNIFORM ALLOWANCE. A MEMBER OF A RESERVE COMPONENT ON A RETIRED LIST ( RETIRED RESERVE/ -- INCLUDING THOSE PERSONS PLACED ON SUCH LIST FROM THE HONORARY RETIRED LIST OF THE NAVAL RESERVE OR THE MARINE CORPS RESERVE--- IS ENTITLED, UNDER THE ARMED FORCES RESERVE ACT OF 1952, ON BEING ORDERED TO ACTIVE DUTY TO A UNIFORM ALLOWANCE IN THE INITIAL SUM OF $200 AND THE FURTHER SUM OF $100. A RESERVE OFFICER WHO, ON ENTERING ACTIVE DUTY FOR TRAINING PURPOSES FOR A PERIOD IN EXCESS OF 90 DAYS, WAS PAID A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 AS PROVIDED BY SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952 IS NOT ENTITLED UNDER THE SAID SECTION, UPON REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING IN EXCESS OF 90 DAYS WITHIN TWO YEARS AFTER THE COMPLETION OF THE PRIOR PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING, TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 EVEN THOUGH HE SERVED LESS THAN 91 DAYS ON PRIOR TOUR OF DUTY. UNDER SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT AN OFFICER OF "A RESERVE COMPONENT" SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON THE COMPLETION OF EACH PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE, AN OFFICER MAY NOT COMBINE SERVICE IN TWO RESERVE COMPONENTS TO CONSTITUTE A PERIOD OF FOUR YEARS SATISFACTORY FEDERAL SERVICE SO AS TO BE ENTITLED TO THE $50 ADDITIONAL UNIFORM ALLOWANCE AUTHORIZED BY THE ABOVE SECTION WHETHER OR NOT A BREAK IN SERVICE OCCURRED BETWEEN THE TIME SPENT IN EACH RESERVE COMPONENT. UNDER SECTION 204 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH PROVIDES THAT RESERVE OFFICERS SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON THE COMPLETION OF EACH PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE, A RESERVE OFFICER MAY COUNT SERVICE AS A WARRANT OFFICER IN THE RESERVE BUT MAY NOT COUNT SERVICE AS AN ENLISTED MEMBER OF THE RESERVE FOR UNIFORM ALLOWANCE PURPOSES. A MEMBER OF RESERVE COMPONENT OF THE ARMED FORCES WHO BY THE PERFORMANCE OF DUTY WHICH REQUIRES WEARING OF THE UNIFORMS, EARNS 35 OF THE 50 POINTS NECESSARY TO RECEIVE CREDIT FOR A YEAR OF SATISFACTORY FEDERAL SERVICE AND WHO IS ENTITLED TO 15 POINTS FOR MEMBERSHIP IN A RESERVE COMPONENT MAY BE CONSIDERED AS HAVING COMPLETED A YEAR OF SATISFACTORY FEDERAL SERVICE FOR THE PURPOSE OF SECTION 243 (B/--- $50 ADDITIONAL UNIFORM ALLOWANCE--- OF THE ARMED FORCES RESERVE ACT OF 1952, NOTWITHSTANDING THE FIRST PROVISO OF SECTION 243 (A) (3) OF THE ACT PROVIDES THAT ONLY DUTY WHICH REQUIRES WEARING OF THE UNIFORM SHALL BE COUNTED "FOR THE PURPOSES OF THIS SECTION.' ANY YEAR OF SERVICE AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES PRIOR TO JULY 1, 1949, DURING WHICH DUTY REQUIRING THE WEARING OF THE UNIFORM WAS PERFORMED, MAY BE COUNTED BY A RESERVE OFFICER AS A YEAR OF SATISFACTORY FEDERAL SERVICE FOR THE PURPOSE OF SECTION 243 (B) ($50 ADDITIONAL UNIFORM ALLOWANCE) OF THE ARMED FORCES RESERVE ACT OF 1952, NOTWITHSTANDING THE FIRST PROVISO OF SECTION 243 (A) (3) PROVIDES ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED "FOR THE PURPOSES OF THIS SECTION.' THERE IS NO REQUIREMENT, EXPRESS OR IMPLIED, IN SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952--- WHICH PROVIDES THAT OFFICERS OF RESERVE COMPONENTS SHALL BE ENTITLED TO A $50 ADDITIONAL UNIFORM ALLOWANCE UPON COMPLETION OF EACH PERIOD OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE--- THAT A YEAR OF SATISFACTORY FEDERAL SERVICE COINCIDE WITH OR BE COMPLETED WITHIN A CALENDAR YEAR OR FISCAL YEAR, AND THEREFORE, IT IS NECESSARY THAT ONLY THE 50 DUTY POINTS REQUIRED FOR A YEAR OF SATISFACTORY FEDERAL SERVICE BE EARNED WITHIN A ONE YEAR PERIOD -- THE BEGINNING AND END OF THAT YEAR TO DEPEND UPON THE FACTS IN THE CASE; HOWEVER, POINTS EARNED DURING ONE SUCH YEAR MAY NOT BE COMBINED WITH POINTS EARNED IN A SUBSEQUENT YEAR. WHILE SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952 BARS THE PAYMENT OF A UNIFORM ALLOWANCE TO AN OFFICER WITHIN TWO YEARS AFTER SEPARATION FROM A REGULAR COMPONENT, A RESERVE OFFICER WHO ENTERS ON A TOUR OF ACTIVE DUTY IN EXCESS OF 90 DAYS WHICH STARTS WITHIN BUT EXTENDS BEYOND THE TWO YEAR PERIOD AFTER SEPARATION FROM A REGULAR COMPONENT IS ENTITLED, AT THE EXPIRATION OF THE TWO YEAR PERIOD, TO A $200 INITIAL UNIFORM ALLOWANCE, HOWEVER, HE WOULD NOT BE ENTITLED TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 UNDER SECTION 243 (C) OF THE ACT. COMP. GEN. 255 MODIFIED. WHILE SECTION 243 (A) AND (C) OF THE ARMED FORCES RESERVE ACT OF 1952 BARS THE PAYMENT OF A UNIFORM ALLOWANCE TO AN OFFICER WITHIN TWO YEARS AFTER SEPARATION FROM A REGULAR COMPONENT, A RESERVE OFFICER WHO PERFORMS A TOUR OF ACTIVE DUTY WITHIN THE TWO YEAR PERIOD AFTER SEPARATION FROM REGULAR COMPONENT IS ENTITLED, AT THE EXPIRATION OF THE ORIGINAL TWO YEAR PERIOD IF AGAIN RECALLED TO ACTIVE DUTY, TO A UNIFORM ALLOWANCE IN THE INITIAL SUM OF $200 WHICH HE WOULD OTHERWISE HAVE RECEIVED UPON RECALL TO ACTIVE DUTY, HOWEVER HE WOULD NOT BE ENTITLED TO A UNIFORM ALLOWANCE IN THE FURTHER SUM OF $100 UNDER SECTION 243 (C) UNLESS THE INTERVENING PERIOD OF ACTIVE DUTY WAS 90 DAYS OR LESS. 32 COMP. GEN. 255 MODIFIED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, MAY 11, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1953, REQUESTING DECISION ON SEVERAL QUESTIONS--- LISTED IN AN ENCLOSED COPY OF COMMITTEE ACTION NO. 62, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE --- CONCERNING THE PAYMENT OF UNIFORM ALLOWANCES TO CERTAIN OFFICERS OF THE UNIFORMED SERVICES UNDER SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 9, 1952, 66 STAT. 492, WHICH SECTION IS AS FOLLOWS:

(A) AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, EITHER---

(1) UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF NINETY DAYS; OR

(2) UPON COMPLETION, AS A MEMBER OF A RESERVE COMPONENT, OF NOT LESS THAN FOURTEEN DAYS ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING; OR

(3) AFTER THE PERFORMANCE OF FOURTEEN PERIODS OF NOT LESS THAN TWO HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF A RESERVE COMPONENT: PROVIDED, THAT ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSE OF THIS SECTION: PROVIDED FURTHER, THAT ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE HERETOFORE OR HEREAFTER RECEIVED AS AN OFFICER UNDER THE PROVISIONS OF ANY OTHER LAW SHALL BE A BAR TO THE ENTITLEMENT FOR ANY INITIAL SUM AUTHORIZED UNDER THE PROVISIONS OF THIS SECTION: AND PROVIDED FURTHER, THAT ANY INDIVIDUAL WHO HAS SERVED ON ACTIVE DUTY AS AN OFFICER OF A REGULAR COMPONENT OF THE ARMED FORCES OF THE UNITED STATES MAY NOT BE QUALIFIED FOR ENTITLEMENT UNDER THIS SECTION BY DUTY PERFORMED WITHIN TWO YEARS AFTER SEPARATION FROM SUCH REGULAR COMPONENT.

(B) AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN ADDITIONAL SUM OF NOT TO EXCEED $50 FOR REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, UPON COMPLETION OF EACH PERIOD AFTER THE DATE OF ENACTMENT OF THIS ACT OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED, PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT AND WHICH SHALL INCLUDE AT LEAST TWENTY- EIGHT DAYS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING:PROVIDED, THAT ANY PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF NINETY DAYS SHALL BE EXCLUDED IN DETERMINING THE PERIOD OF FOUR YEARS REQUIRED FOR ELIGIBILITY UNDER THIS SUBSECTION: PROVIDED FURTHER, THAT A PERSON WHO RECEIVES OR HAS HERETOFORE RECEIVED A UNIFORM REIMBURSEMENT OR ALLOWANCE AS AN OFFICER SHALL NOT BE ENTITLED TO THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION UNTIL THE EXPIRATION OF NOT LESS THAN FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE: AND PROVIDED FURTHER, THAT, UNTIL FOUR YEARS AFTER THE DATE OF ENACTMENT HEREOF, AN OFFICER MAY ELECT TO RECEIVE THE UNIFORM REIMBURSEMENT NOT TO EXCEED $50 TO WHICH HE MAY BE ENTITLED UNDER EXISTING REGULATIONS ISSUED PURSUANT TO SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, OR SECTION 11 OF THE ACT OF AUGUST 4, 1952, AS AMENDED.

(C) AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT OR OF THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON OR AFTER JUNE 25, 1950, SHALL BE ENTITLED, FOR EACH TIME OF SUCH ENTRY OR REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION TO A FURTHER SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR ADDITIONAL UNIFORMS AND EQUIPMENT REQUIRED ON SUCH DUTY: PROVIDED, FURTHER, THAT THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION SHALL NOT BE PAYABLE TO ANY OFFICER ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION.

(D) THE RECEIPT OF A UNIFORM AND EQUIPMENT REIMBURSEMENT AS AN OFFICER OF ONE OF THE RESERVE COMPONENTS SHALL BE A BAR TO ENTITLEMENT TO A UNIFORM REIMBURSEMENT UPON TRANSFER TO OR APPOINTMENT IN ANOTHER, EXCEPT WHERE A DIFFERENT UNIFORM IS REQUIRED: PROVIDED, THAT REIMBURSEMENT FOR UNIFORMS AND EQUIPMENT UPON TRANSFER TO OR APPOINTMENT IN ANOTHER RESERVE COMPONENT WITHIN THE LIMITS MAY BE MADE IN ACCORDANCE WITH REGULATIONS APPROVED BY THE SECRETARY OF DEFENSE OR THE SECRETARY OF THE TREASURY IN THE CASE OF THE COAST GUARD WHEN THE COAST GUARD IS OPERATING AS A SERVICE IN THE TREASURY DEPARTMENT.

THE QUESTIONS PRESENTED ARE QUOTED AND CONSIDERED IN ORDER, AS FOLLOWS:

QUESTION 1

SECTION 243 (A) (1) OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES THAT, OTHER CONDITIONS BEING MET, AN OFFICER OF A RESERVE COMPONENT OR OF THE ARMY OF THE UNITED STATES WITHOUT COMPONENT, OR THE AIR FORCE OF THE UNITED STATES WITHOUT COMPONENT, SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS EQUIPMENT UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS. SECTION 802 OF THE ACT STATES: "EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THIS ACT SHALL BECOME EFFECTIVE ON THE FIRST DAY OF THE SIXTH MONTH FOLLOWING THE MONTH OF ENACTMENT," OR 1 JANUARY 1953.

IN DECISION OF 9 MAY 1939, 18 COMP. GEN. 836, IT WAS HELD THAT SIMILAR LANGUAGE APPEARING IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, DID NOT PRECLUDE PAYMENT OF AN INITIAL UNIFORM ALLOWANCE OF $100 TO AN OFFICER, OTHERWISE ENTITLED THERETO, WHO WAS ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THE ACT AND CONTINUED TO SERVE ON ACTIVE DUTY THEREAFTER. THIS PRINCIPAL WAS FOLLOWED IN SUBSEQUENT DECISIONS OF 30 JUNE 1943, 22 COMP. GEN. 1141, AND 20 AUGUST 1945, 25 ID. 194. HOWEVER, IN DECISION OF 25 NOVEMBER 1952, B-112407, IN ANSWER TO QUESTION 2, A CONTRARY RULE WAS APPLIED TO THE PAYMENT OF THE $100 ADDITIONAL ALLOWANCE UNDER THE PROVISION OF SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952.

A MAJOR IN THE ARMY RESERVE WAS ORDERED TO ACTIVE DUTY IN EXCESS OF 90 DAYS ON 15 OCTOBER 1952. HE HAD NOT PREVIOUSLY RECEIVED AN INITIAL UNIFORM ALLOWANCE AND WAS NOT QUALIFIED FOR SUCH AN ALLOWANCE UNDER THE LAW THEN IN EFFECT--- THE ACT OF 4 DECEMBER 1942 (56 STAT. 1039/--- SINCE SUCH ALLOWANCE WAS NOT PAYABLE TO MAJORS. IN VIEW OF THE ABOVE, OTHER CONDITIONS OF ENTITLEMENT BEING MET, DID THE OFFICER BECOME ENTITLED TO AN INITIAL UNIFORM ALLOWANCE UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952 ON 1 JANUARY 1953. WOULD THE ANSWER BE THE SAME, (1) IF THE ORDER OF 10 OCTOBER 1952 ORDERED THE OFFICERS TO ACTIVE DUTY FOR SIX MONTHS, (2) IF HIS ORDERS SPECIFIED RELEASE FROM ACTIVE DUTY LESS THAN 90 DAYS AFTER 1 JANUARY 1953 BUT MORE THAN 90 DAYS AFTER 15 OCTOBER 1952, THE DATE OF ENTRY ON ACTIVE DUTY.

IN THE DECISION OF NOVEMBER 25, 1952, SUPRA, IT WAS HELD THAT THE $100 ALLOWANCE GRANTED BY SUBSECTION (C) OF SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, TO OFFICERS "ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON OR AFTER JUNE 25, 1950" WAS NOT PAYABLE TO OFFICERS ALREADY ON ACTIVE DUTY ON THAT DATE, IT BEING POINTED OUT THAT THE DECISION OF MAY 9, 1939, 18 COMP. GEN. 836--- REFERRED TO IN THE ABOVE QUESTION--- CONCERNED AN INITIAL ALLOWANCE, WHEREAS SUBSECTION 243 (C) PERTAINS TO A SUPPLEMENTAL ALLOWANCE; THAT THE SAID SUPPLEMENTAL ALLOWANCE WAS RETROACTIVE AND THEREFORE SUBJECT TO STRICT CONSTRUCTION; AND THAT THE LEGISLATIVE HISTORY OF THAT ALLOWANCE INDICATED THAT IT WAS NOT INTENDED FOR PERSONS ALREADY ON ACTIVE DUTY ON ACTIVE DUTY ON JUNE 25, 1950.

THE ALLOWANCE GRANTED BY SUBSECTION 243 (A) (1) IS AN INITIAL ALLOWANCE, AND, LIKE THE ALLOWANCE CONSIDERED IN THE DECISION OF MAY 9, 1939, IS NOT RETROACTIVE. PRESUMABLY, THE CONGRESS WAS AWARE THAT THIS OFFICE, IN THE DECISIONS CITED BY YOU, HAD CONSTRUED PRIOR SIMILAR LAWS AS GRANTING ALLOWANCES TO PERSONS ALREADY ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THE ACTS GRANTING SUCH ALLOWANCES AND IT SEEMS CLEAR THAT THE GENERAL INTENT OF SUBSECTION 243 (A) (1) WAS TO PROVIDE OFFICERS WHO HAD NEVER RECEIVED AN INITIAL UNIFORM ALLOWANCE WITH AN ALLOWANCE FOR UNIFORMS IF THEIR ORDERS CONTEMPLATED PERFORMANCE AFTER DECEMBER 31, 1952, OF A PERIOD OF ACTIVE DUTY IN EXCESS OF NINETY DAYS.

QUESTION 1, AS STATED, IS ANSWERED IN THE NEGATIVE SINCE IT IS NOT SHOWN THAT THE OFFICERS' ORDERS CONTEMPLATED THE PERFORMANCE BY HIM AFTER DECEMBER 31, 1952, OF A PERIOD OF ACTIVE DUTY IN EXCESS OF NINETY DAYS. SUBQUESTION (1) IS ANSWERED IN THE NEGATIVE, THAT IS TO SAY, THAT THE OFFICER WOULD BE ENTITLED TO THE AUTHORIZED ALLOWANCE SINCE HIS ORDERS CONTEMPLATED THE PERFORMANCE OF SUFFICIENT ACTIVE DUTY DURING THE EFFECTIVE PERIOD OF THE ACT. SUBQUESTION (2) IS ANSWERED IN THE AFFIRMATIVE. HE WOULD NOT BE ENTITLED TO SUCH ALLOWANCE BECAUSE HIS ORDERS DID NOT CONTEMPLATE A PERIOD OF ACTIVE DUTY IN EXCESS OF NINETY DAYS AFTER DECEMBER 31, 1952.

QUESTION 2

THE SECOND PROVISO OF SECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952 STATES THAT ,ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE HERETOFORE OR HEREAFTER RECEIVED AS AN OFFICER UNDER THE PROVISIONS OF ANY OTHER LAW SHALL BE A BAR TO THE ENTITLEMENT FOR ANY INITIAL SUM AUTHORIZED UNDER THE PROVISIONS OF THIS SECTION.' SECTION 8 OF THE ACT OF 14 MAY 1942 (56 STAT. 280) REQUIRED THE SECRETARY OF WAR TO FURNISH TO ALL MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS SUCH ARTICLES OF UNIFORMS AND EQUIPMENT AS MAY BE REQUIRED, AND PROVIDED FURTHER THAT THE ACCOUNTABILITY OF SUCH MEMBERS FOR THE UNIFORMS EQUIPMENT FURNISHED SHOULD "CONFORM SO FAR AS IS PRACTICABLE, TO THE LAWS AND REGULATIONS PERTAINING TO THE ARMY IN LIKE CASES.' SECTION 4 OF THE ACT OF 1 JULY 1943 (57 STAT. 371), ESTABLISHING A WOMEN'S ARMY CORPS FOR SERVICE IN THE ARMY OF THE UNITED STATES PROVIDED AS FOLLOWS:

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO WOMAN APPOINTED AS AN OFFICER IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS HEREOF WHO HAS PREVIOUSLY HELD AN APPOINTMENT AS AN OFFICER OF THE WOMEN'S ARMY AUXILIARY CORPS ESTABLISHED PURSUANT TO THE PROVISIONS OF THE ACT OF MAY 14, 1942 ( PUBLIC LAW 554, SEVENTY-SEVENTH CONGRESS), SHALL BE ENTITLED TO ANY UNIFORM ALLOWANCE PAYABLE TO OFFICERS OF THE ARMY OF THE UNITED STATES. SUCH OFFICERS WHO HAVE NOT RECEIVED A COMPLETE ISSUE OF UNIFORMS, INSIGNIA, ACCESSORIES, AND EQUIPMENT PRESCRIBED UNDER THE PROVISIONS OF SECTION 8 OF SUCH ACT OF MAY 14, 1942, MAY BE ISSUED THE REMAINDER OF SUCH PRESCRIBED ARTICLES, AND ALL SUCH OFFICERS WHO HAVE HERETOFORE RECEIVED, OR MAY HEREAFTER RECEIVE SUCH COMPLETE ISSUE, OR ANY PART THEREOF, MAY RETAIN SUCH ARTICLES AS THEIR PERSONAL PROPERTY.

ARE FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO SUBSEQUENTLY ARE APPOINTED IN A RESERVE COMPONENT OF ANY OF THE ARMED FORCES, OR THE ARMY OF THE UNITED STATES WITHOUT COMPONENT, AND WHO ARE OTHERWISE QUALIFIED, PRECLUDED FROM RECEIVING AN INITIAL UNIFORM ALLOWANCE BY REASON OF HAVING RECEIVED AN ISSUE OF UNIFORMS IN KIND WHILE IN THE WOMEN'S ARMY AUXILIARY CORPS (1) IN THOSE CASES WHERE THEY WERE SUBSEQUENTLY COMMISSIONED IN THE WOMEN'S ARMY AUXILIARY CORPS UNDER THE ACT OF 1 JULY 1943, SUPRA, AND (2) WHERE THEY WERE SEPARATED FROM THE WOMEN'S ARMY AUXILIARY CORPS PRIOR TO BEING COMMISSIONED UNDER THAT ACT?

SECTION 4 OF THE ACT OF JULY 1, 1943, 57 STAT. 371, QUOTED ABOVE, BARRED THE PAYMENT OF A UNIFORM ALLOWANCE TO AN OFFICER OF THE WOMEN'S ARMY CORPS IF SHE HAD RECEIVED AN ISSUE OF UNIFORM CLOTHING IN KIND AS AN OFFICER OF THE WOMEN'S ARMY AUXILIARY CORPS. THE PRESENT STATUTE PROVIDES THAT THE RECEIPT OF ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE AS AN OFFICER UNDER THE PROVISIONS OF ANY OTHER LAW SHALL BE A BAR TO ENTITLEMENT TO ANY INITIAL ALLOWANCE THEREIN PROVIDED. THE BAR SO ESTABLISHED DOES NOT EXPRESSLY APPLY TO CASES IN WHICH AN ISSUE OF CLOTHING IN KIND HAD BEEN RECEIVED AND IT APPEARS THAT IF SUCH BAR HAD BEEN INTENDED TO COVER SUCH CASES, CLEAR LANGUAGE TO EFFECTUATE THAT INTENT WOULD HAVE BEEN USED, AS WAS DONE IN THE ACT OF JULY 1, 1943.

ACCORDINGLY, BOTH SECTIONS OF QUESTION 2 ARE ANSWERED IN THE NEGATIVE.

QUESTION 3

THE ACT OF 14 MAY 1940 (54 STAT. 212), AS AMENDED BY SECTION 1 OF THE ACT OF 9 MARCH 1942 (56 STAT. 148), PROVIDED AS FOLLOWS:

"THAT OFFICERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY SHALL BE ENTITLED TO AN ALLOWANCE FOR UNIFORMS AND EQUIPMENT OF $50 PER ANNUM UPON COMPLETION, IN SEPARATE FISCAL YEARS, OF EACH OF THEIR FIRST THREE PERIODS OF ACTIVE DUTY TRAINING OF THREE MONTHS OR LESS, FOLLOWING THEIR ORIGINAL APPOINTMENT.'

DOES THE PREVIOUS RECEIPT OF $50, $100, OR $150 UNDER THE ABOVE PROVISIONS OF LAW CONSTITUTE A BAR TO ENTITLEMENT TO AN INITIAL UNIFORM ALLOWANCE UNDER SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, IN VIEW OF THE LANGUAGE CONTAINED IN THE SECOND PROVISO THEREOF? THE SECOND PROVISO OF SUBSECTION 243 (A) REFERS TO ANY INITIAL UNIFORM REIMBURSEMENT OR ALLOWANCE. THAT LANGUAGE APPEARS TO HAVE BEEN USED ADVISEDLY AND FOR THE PURPOSE OF DISTINGUISHING BETWEEN AN INITIAL ALLOWANCE OR REIMBURSEMENT FOR UNIFORMS AND OTHER UNIFORM ALLOWANCES OR REIMBURSEMENTS. THE PERIODIC $50 ALLOWANCES AUTHORIZED BY THE ACT OF MAY 14, 1940, 54 STAT. 212, FOR OFFICERS OF THE OFFICERS' RESERVE CORPS WERE APPARENTLY INTENDED TO BE SIMILAR TO THE PERIODIC $50 ALLOWANCES WHICH WERE PROVIDED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, FOR OFFICERS OF THE NAVAL RESERVE. THE SUMS GRANTED UNDER EACH STATUTE WERE IN THE NATURE OF MAINTENANCE ALLOWANCES, TO ENABLE AN OFFICER TO MAKE NECESSARY REPLACEMENTS TO AN OUTFIT ALREADY POSSESSED BY HIM, WHEREAS AN "INITIAL" ALLOWANCE WOULD BE ONE GRANTED IN CONNECTION WITH THE OFFICER'S REQUIRED PURCHASE OF AN INITIAL UNIFORM OUTFIT. ON THAT BASIS QUESTION 3 IS ANSWERED IN THE NEGATIVE.

QUESTION 4

SECTION 11 OF THE ACT OF JULY 24, 1941, AS AMENDED, 55 STAT. 604, PROVIDES AS FOLLOWS:

THE PROVISIONS OF THIS ACT, EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME THERETO SHALL APPLY TO---

"/A) PERSONNEL OF THE NAVAL RESERVE (EXCEPT THE FLEET RESERVE) AND THE MARINE CORPS RESERVE (EXCEPT THE FLEET MARINE CORPS RESERVE) IN LIKE MANNER AND TO THE SAME EXTENT AND WITH THE SAME RELATIVE CONDITIONS IN ALL RESPECTS AS ARE PROVIDED FOR PERSONNEL OF THE REGULAR NAVY AND MARINE CORPS, BUT THIS SHALL NOT BE CONSTRUED TO AUTHORIZE THE TEMPORARY APPOINTMENT OF THE PERSONNEL THEREOF TO RANKS OR GRADES IN THE REGULAR/NAVY OR MARINE CORPS.

"/B) PERSONNEL OF THE COAST GUARD IN RELATIONSHIP TO THE COAST GUARD IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY APPLY TO PERSONNEL OF THE NAVY IN RELATIONSHIP TO THE NAVY.'

SUBSECTION (B) OF SECTION 7 OF THE SAID 1941 ACT PROVIDES AS FOLLOWS:

"ENLISTED MEN SHALL, UPON BEING INITIALLY APPOINTED AS PROVIDED BY SECTION 2 OF THIS ACT, BE PAID THE SUM OF $250 AS A UNIFORM GRATUITY.'

SUBSECTION (H) OF SECTION 302 OF THE OFFICER PERSONNEL ACT OF 1947, AS AMENDED, 61 STAT. 830, PROVIDES THAT:

"THE PROVISIONS OF THIS SECTION SHALL APPLY TO PERSONNEL OF THE NAVAL RESERVE (EXCEPT THE FLEET RESERVE, AND PERSONNEL OF THE NAVAL RESERVE ORDERED TO ACTIVE DUTY IN CONNECTION WITH ORGANIZING, ADMINISTERING, RECRUITING, INSTRUCTING, TRAINING, OR DRILLING THE NAVAL RESERVE, OR ORDERED TO TEMPORARY ACTIVE DUTY FOR THE PURPOSE OF PROSECUTING SPECIAL WORK), WHEN ON ACTIVE DUTY, IN LIKE MANNER AND TO THE SAME EXTENT AND WITH THE SAME RELATIVE CONDITIONS IN ALL RESPECTS AS ARE PROVIDED FOR PERSONNEL OF THE REGULAR NAVY AND MARINE CORPS, BUT THIS SHALL NOT BE CONSTRUED TO AUTHORIZE THE TEMPORARY APPOINTMENT OF THE PERSONNEL THEREOF TO GRADES IN THE REGULAR NAVY OR MARINE CORPS.'

SUBSECTION (F) OF SECTION 302 OF THE OFFICER PERSONNEL ACT OF 1947, AS AMENDED, 61 STAT. 830, PROVIDES AS FOLLOWS:

"ENLISTED MEN SHALL, UPON BEING INITIALLY APPOINTED AS PROVIDED BY THIS SECTION, BE PAID THE SUM OF $250 AS A UNIFORM GRATUITY.'

THE COMPTROLLER GENERAL OF THE UNITED STATES, IN DECISION OF AUGUST 20, 1945, 25 COMP. GEN. 194, IN ANSWER TO QUESTION (E), HELD THAT AN ENLISTED MEMBER OF THE COAST GUARD RESERVE TEMPORARILY APPOINTED TO OFFICER RANK UNDER THE PROVISIONS OF THE ACT OF JULY 24, 1941, SUPRA, AND PAID THE UNIFORM ALLOWANCE OF $250, AS PROVIDED IN SECTION 7 (B) OF THE SAID ACT, WAS ENTITLED TO THE ADDITIONAL ALLOWANCE OF $50 UNDER THE PROVISIONS OF THE SAID 1941 ACT, IF OTHER CONDITIONS OF THE STATUTES WERE MET.

ARE ENLISTED MEMBERS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE TEMPORARILY APPOINTED TO OFFICER GRADES UNDER THE PROVISIONS OF SECTION 2 OF THE 1941 ACT, SUPRA, AND SECTION 302 (E) OF THE OFFICER PERSONNEL ACT OF 1947, SUPRA, ENTITLED TO THE PAYMENT OF UNIFORM ALLOWANCES OF $250 PROVIDED BY SAID ACTS, OR ARE THEY ENTITLED TO OTHERWISE PROPER PAYMENTS OF UNIFORM ALLOWANCES UNDER THE PROVISIONS OF SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, IN ACCORDANCE WITH THE RULING IN 25 COMP. GEN. 194?

UNDER THE LAWS IN EFFECT PRIOR TO THE STATUTE HERE UNDER CONSIDERATION, IT WAS HELD THAT THE UNIFORM ALLOWANCE PROVIDED BY SECTION 7 (B) OF THE ACT OF JULY 24, 1941, APPLIED ONLY TO ENLISTED MEN TEMPORARILY APPOINTED AS OFFICERS IN THE REGULAR SERVICES, THOSE MEN TEMPORARILY APPOINTED AS RESERVE OFFICERS BEING ENTITLED TO UNIFORM ALLOWANCE BENEFITS UNDER LAWS PERTAINING TO RESERVE OFFICERS GENERALLY. 25 COMP. GEN. 194. ALSO, IT HAS BEEN HELD THAT INSOFAR AS THE APPOINTMENT OF ENLISTED PERSONNEL TO TEMPORARY OFFICER GRADES IS CONCERNED, TITLE III OF THE OFFICER PERSONNEL ACT OF 1947, 61 STAT. 829, IS LARGELY A CONTINUATION OF THE ACT OF JULY 24, 1941, CARRYING ON WITHOUT A BREAK THE PROVISIONS OF THE EARLIER ACT RELATIVE TO SUCH APPOINTMENTS, INCLUDING THE REENACTMENT IN SECTION 302 (F) OF THE LATER ACT OF THE UNIFORM GRATUITY PROVISION IN SECTION 7 (B) OF THE EARLIER ACT. 28 COMP. GEN. 318. FOLLOWING THE REASONING USED IN THOSE DECISIONS, IT APPEARS THAT THE UNIFORM ALLOWANCE PROVISIONS OF SECTION 243 OF THE PRESENT ACT, PERTAINING GENERALLY TO RESERVE OFFICERS, LIKEWISE APPLY IN THE CASE OF TEMPORARY RESERVE APPOINTMENTS UNDER THE ACT OF JULY 24, 1941, AND UNDER THE OFFICER PERSONNEL ACT OF 1947, AND QUESTION 4 IS ANSWERED ACCORDINGLY.

QUESTION 5

SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 52 STAT. 1180, PROVIDES, INSOFAR AS HERE MATERIAL, THAT:

"IN TIME OF PEACE * * * 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, * * *.'

SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, PROVIDES, INSOFAR AS HERE MATERIAL, THAT:

"AN OFFICER OF A RESERVE COMPONENT * * * SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, EITHER---

"/1) * * *

"/2) * * *

"/3) AFTER THE PERFORMANCE OF FOURTEEN PERIODS OF NOT LESS THAN TWO HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF A RESERVE COMPONENT: * * *"

AN OFFICER OF THE MARINE CORPS RESERVE PRIOR TO 1 JANUARY 1953 HAD PERFORMED A TOTAL OF TEN AUTHORIZED DRILLS LOOKING TO QUALIFICATION FOR THE PAYMENT OF THE INITIAL UNIFORM ALLOWANCE OF $100 UNDER THE PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938. THE DRILLS REQUIRED UNDER THE NAVAL RESERVE ACT OF 1938, AS AMENDED, ARE OF THE SAME DURATION AND SIMILAR IN ALL RESPECTS TO THE FOURTEEN PERIODS OF INACTIVE DUTY TRAINING REQUIRED UNDER THE ARMED FORCES RESERVE ACT OF 1952.

IF THE OFFICER COMPLETES FOUR ADDITIONAL PERIODS OF INACTIVE DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF THE MARINE CORPS RESERVE, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, SUBSEQUENT TO JANUARY 1, 1953, MAY THE DRILLS PERFORMED PRIOR TO JANUARY 1, 1953, BE COMBINED WITH THE DRILLS PERFORMED SUBSEQUENT TO JANUARY 1, 1953, SO AS TO ENTITLE THE OFFICER TO THE INITIAL UNIFORM ALLOWANCE OF $200 UNDER THE PROVISIONS OF SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952?

SUBSECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES AN INITIAL ALLOWANCE OF $200 AFTER THE PERFORMANCE OF FOURTEEN PERIODS OF INACTIVE-DUTY TRAINING "AS A MEMBER IN THE READY RESERVE.' IT APPEARS THAT THE READY RESERVE OF EACH OF THE ARMED FORCES OF THE UNITED STATES WAS FIRST ESTABLISHED BY SECTION 204 OF THE PRESENT ACT. HENCE, THERE COULD HAVE BEEN NO PERFORMANCE OF INACTIVE-DUTY TRAINING IN THE READY RESERVE PRIOR TO JANUARY 1, 1953.

ACCORDINGLY, QUESTION 5 IS ANSWERED IN THE NEGATIVE.

QUESTION 6

IF THE ANSWER TO QUESTION 5 IS IN THE AFFIRMATIVE, WOULD IT LIKEWISE APPLY TO RESERVE OFFICERS OF THE ARMY AND AIR FORCE, NOTWITHSTANDING THAT PRIOR TO JANUARY 1, 1953, THERE EXISTED NO LEGISLATION UNDER WHICH RESERVE OFFICERS OF THE ARMY AND AIR FORCE COULD QUALIFY FOR UNIFORM ALLOWANCE BY THE PERFORMANCE OF INACTIVE DUTY TRAINING?

SINCE QUESTION 5 IS ANSWERED IN THE NEGATIVE, NO ANSWER TO QUESTION 6 IS REQUIRED.

QUESTION 7

SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, PROVIDES THAT AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT: "UPON COMPLETION, AS A MEMBER OF RESERVE COMPONENT, OF NOT LESS THAN FOURTEEN DAYS' ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING.' WITH RESPECT TO RESERVE OFFICERS OF THE ARMY AND AIR FORCE, THERE IS NO PROVISION OF LAW UNDER WHICH THEY COULD QUALIFY FOR THE PAYMENT OF A UNIFORM ALLOWANCE BY THE PERFORMANCE OF ACTIVE DUTY FOR TRAINING. OFFICER OF A RESERVE COMPONENT OF THE ARMY REPORTED FOR ACTIVE DUTY FOR TRAINING OF FIFTEEN DAYS ON DECEMBER 21, 1952, AND COMPLETED HIS FIFTEEN DAYS' ACTIVE DUTY FOR TRAINING ON JANUARY 5, 1953, (COUNTING DECEMBER 31). THE DUTY THUS PERFORMED REQUIRED THE WEARING OF THE UNIFORM.

IS THE OFFICER REFERRED TO IN THE ABOVE EXAMPLE ENTITLED TO PAYMENT OF THE INITIAL SUM OF NOT TO EXCEED $200 ON THE COMPLETION OF HIS ACTIVE DUTY FOR TRAINING OF NOT LESS THAN FOURTEEN DAYS?

THE STATUTE REQUIRES THAT THE ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING REFERRED TO IN SUBSECTION 243 (A) (2) BE COMPLETED SUBSEQUENT TO JANUARY 1, 1953. THERE IS NO REQUIREMENT THAT SUCH DUTY BE BEGUN PRIOR TO DATE. COMPARE DECISION OF NOVEMBER 25, 1952, B-112407, 32 COMP. GEN. 255, 263, ANSWER TO QUESTION 9.

ACCORDINGLY, QUESTION 7 IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 8

THE ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES, IN HIS DECISION OF 20 AUGUST 1942, B-24856, HELD THAT AN OFFICER OF THE HONORARY RETIRED LIST OF THE MARINE CORPS RESERVE, ESTABLISHED UNDER THE PROVISIONS OF SECTIONS 309 AND 310 OF THE NAVAL RESERVE ACT OF 1938, MAY NOT QUALIFY UNDER THE FIRST PROVISION OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 FOR THE PAYMENT OF UNIFORM GRATUITY AND IS NOT, THEREFORE, ENTITLED TO THE PAYMENT OF THE FURTHER SUM OF $150 UPON BEING ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY. SEE ALSO DECISION OF 19 MAY 1942, B- 24856. IN CONNECTION WITH THE FOREGOING, ATTENTION IS INVITED TO SECTION 310A OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY THE ACT OF OCTOBER 25, 1943 (57 STAT. 575; 34 U.S.C. 855I-1).

IS A MEMBER OF A RESERVE COMPONENT ON A RETIRED LIST ENTITLED TO THE PAYMENT OF THE INITIAL UNIFORM ALLOWANCE OF NOT TO EXCEED $200 AND THE FURTHER SUM OF NOT TO EXCEED $100, IF ORDERED TO ACTIVE DUTY AND OTHERWISE QUALIFIES?

SECTIONS 204 AND 207 OF THE ARMED FORCES RESERVE ACT OF 1952, PROVIDE:

SEC. 204. THERE SHALL BE WITHIN EACH OF THE ARMED FORCES OF THE UNITED STATES A READY RESERVE, A STANDBY RESERVE, AND A RETIRED RESERVE, AND EACH MEMBER OF THE RESERVE COMPONENTS SHALL BE PLACED IN ONE OF THESE CATEGORIES.

SEC. 207. (A) THE RETIRED RESERVE CONSISTS OF THOSE MEMBERS OF THE RESERVE COMPONENTS WHOSE NAMES ARE PLACED ON RESERVE RETIRED LISTS ESTABLISHED PURSUANT TO SUBSECTION (B) OF THIS SECTION.

(B) IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE APPROPRIATE SECRETARY, RESERVE RETIRED LISTS SHALL BE ESTABLISHED UPON WHICH WILL BE PLACED THE NAMES OF THOSE MEMBERS OF THE RESERVE COMPONENTS WHO MAKE APPLICATION THEREFOR, IF OTHERWISE QUALIFIED. SUCH RESERVE RETIRED LISTS SHALL BE IN ADDITION TO THE ARMY OF THE UNITED STATES RETIRED LIST, THE AIR FORCE OF THE UNITED STATES RETIRED LIST, AND THE UNITED STATES NAVAL RETIRED LIST AUTHORIZED PURSUANT TO SECTION 301 OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED.

(C) MEMBERS IN THE RETIRED RESERVE MAY, IF QUALIFIED, BE ORDERED TO ACTIVE DUTY INVOLUNTARILY, BUT ONLY IN TIME OF WAR OR NATIONAL EMERGENCY DECLARED BY THE CONGRESS OR WHEN OTHERWISE AUTHORIZED BY LAW.

SUBSECTION 213 (B) OF THE ABOVE ACT PROVIDES:

(B) ANY PERSON WHO IS ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE OR THE MARINE CORPS RESERVE WHEN THIS ACT TAKES EFFECT SHALL BE PLACED IN THE RETIRED RESERVE OF THE APPROPRIATE ARMED FORCE OF THE UNITED STATES.'

IT APPEARS THAT ONE PURPOSE OF THE ABOVE PROVISIONS WAS TO INSURE THAT PERSONS ON THE HONORARY RETIRED LIST OF THE NAVAL RESERVE AND THE MARINE CORPS RESERVE WHEN THE ACT TOOK EFFECT WERE TO BE MEMBERS OF THE RESERVE COMPONENTS FOR ALL PURPOSES. SEE STATEMENTS AT PAGE 669 OF HEARINGS BEFORE THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, ON H.R. 4860, 82D CONGRESS, AND AT PAGE 37 OF HOUSE REPORT NO. 1066, SEPTEMBER 27, 1951, TO ACCOMPANY H.R. 5426, 82D CONGRESS.

ACCORDINGLY, QUESTION 8 IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 9

THE SECOND PROVISO OF SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952, SUPRA, PROVIDES:

"THAT THE REIMBURSEMENT PROVIDED IN THIS SUBSECTION SHALL NOT BE PAYABLE TO ANY OFFICER ENTERING ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS DURATION.'

AN OFFICER OF THE AIR FORCE RESERVE ENTERED ON ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF NINETY DAYS DURATION ON 1 APRIL 1953 AND WAS PAID THE "FURTHER SUM NOT TO EXCEED $100" PROVIDED FOR IN SECTION 243 (C) OF THE ARMED FORCES RESERVE ACT OF 1952. HE WAS RELEASED TO INACTIVE DUTY ON 15 JUNE 1953. HE REENTERED ON ACTIVE DUTY FOR TRAINING FOR A PERIOD IN EXCESS OF NINETY DAYS ON 1 MAY 1955. IS THE OFFICER ENTITLED TO "A FURTHER SUM OF NOT TO EXCEED $100" UPON REENTRY ON ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING IN EXCESS OF NINETY DAYS ON 1 MAY 1955 WHEN SUCH REENTRY IS WITHIN TWO YEARS OF THE COMPLETION OF A PRIOR PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING FOR WHICH "A FURTHER SUM OF NOT TO EXCEED $100" HAD BEEN PAID, SUCH PRIOR PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING HAVING BEEN FOR A PERIOD OF LESS THAN NINETY DAYS?

APPARENTLY SUBSECTION 243 (C) DOES NOT REQUIRE THE ACTUAL PERFORMANCE OF DUTY FOR MORE THAN NINETY DAYS UNDER ORDERS REQUIRING DUTY OF THAT DURATION BEFORE A RIGHT TO THE $100 ALLOWANCE BECOMES FIXED. IN OTHER WORDS, OTHER REQUISITE CONDITIONS BEING MET, AN OFFICER RECEIVES AN ALLOWANCE OF $100 UPON ENTERING OR REENTERING ON A PERIOD OF DUTY STATED TO BE IN EXCESS OF NINETY DAYS, AND IS NOT THEREAFTER REQUIRED TO REFUND THAT AMOUNT OR ANY PART THEREOF SHOULD HE SERVE FOR LESS THAN NINETY-ONE DAYS. SINCE THE SAID ALLOWANCE WOULD BE MADE ON THE BASIS OF DUTY IN EXCESS OF NINETY DAYS UNDER THOSE ORDERS WHEN DETERMINING AN INDIVIDUAL'S RIGHT TO AN ALLOWANCE FOR UNIFORMS UNDER ORDERS ISSUED THEREAFTER.

ACCORDINGLY, QUESTION 9 IS ANSWERED IN THE NEGATIVE.

QUESTION 10

SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952 SUPRA, PROVIDES SO FAR AS IS HERE MATERIAL THAT:

"AN OFFICER OF A RESERVE COMPONENT SHALL BE ENTITLED TO AN ADDITIONAL SUM OF NOT TO EXCEED $50 FOR REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, UPON COMPLETION OF EACH PERIOD AFTER THE DATE OF ENACTMENT OF THIS ACT OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT AND WHICH SHALL INCLUDE AT LEAST TWENTY- EIGHT DAYS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING: "

AN OFFICER QUALIFIED FOR "AN INITIAL SUM NOT TO EXCEED $200" AFTER THE PERFORMANCE OF FOURTEEN PERIODS OF NOT LESS THAN TWO HOURS DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER OF THE READY RESERVE OF THE ARMY RESERVE ON 28 FEBRUARY 1953. HE RESIGNED HIS COMMISSION IN THE ARMY RESERVE ON 30 JUNE 1955. DURING THE PERIOD 1 MARCH 1953 TO 30 JUNE 1955, HE HAD COMPLETED TWO YEARS OF "SATISFACTORY FEDERAL SERVICE" AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED. HE WAS APPOINTED AN OFFICER IN THE READY RESERVE OF THE NAVAL RESERVE ON 1 JULY 1956. ON 30 JUNE 1958 HE HAD PERFORMED TWO YEARS "SATISFACTORY FEDERAL SERVICE" IN AN ACTIVE STATUS IN THE NAVAL RESERVE WHICH INCLUDED TWENTY-EIGHT DAYS OF ACTIVE DUTY FOR TRAINING.

MAY SERVICE IN TWO RESERVE COMPONENTS BE COMBINED TO CONSTITUTE A PERIOD OF FOUR YEARS ,SATISFACTORY FEDERAL SERVICE" IN DETERMINING ENTITLEMENT TO THE "ADDITIONAL SUM OF NOT TO EXCEED $50" IF OTHERWISE QUALIFIED? CF. 28 COMP. GEN. 655.

WOULD THE ANSWER TO THIS QUESTION BE THE SAME IF THE OFFICER HAD BEEN APPOINTED TO THE READY RESERVE OF THE NAVAL RESERVE ON 1 JULY 1955, WITHOUT BREAK IN SERVICE AND HAS COMPLETED TWO YEARS OF "SATISFACTORY FEDERAL SERVICE" ON 30 JUNE 1957, AS A MEMBER OF THE READY RESERVE OF THE NAVAL RESERVE?

IF IT HAD BEEN INTENDED THAT AN OFFICER COULD QUALIFY FOR AN ALLOWANCE UNDER SUBSECTION 243 (B) BY SERVICE IN MORE THAN ONE COMPONENT, IT APPEARS THAT LANGUAGE CLEARLY REFLECTING THAT INTENT WOULD HAVE BEEN USED, INSTEAD OF THE PHRASE "A RESERVE COMPONENT.' WHILE IT WAS HELD IN 28 COMP. GEN. 655, CITED BY YOU, THAT THE TERM "A RESERVE COMPONENT" APPEARING IN SUBSECTION 302 (A) OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, 62 STAT. 1087, WAS TO BE CONSTRUED AS INCLUDING MORE THAN ONE COMPONENT, THAT HOLDING WAS SUPPORTED BY A LEGISLATIVE HISTORY OF THE SAID PROVISION WHICH CLEARLY INDICATED THAT SUCH WAS THE INTENTION OF THE CONGRESS. NO SUCH PERSUASIVE DATA CONCERNING THE PROVISIONS HERE INVOLVED HAS BEEN FOUND IN ITS LEGISLATIVE HISTORY.

ACCORDINGLY, THE FIRST PART OF QUESTION 10 IS ANSWERED IN THE NEGATIVE, THE SECOND IN THE AFFIRMATIVE.

QUESTION 11

UNDER SECTION 243 (B) ENTITLEMENT TO THE MAINTENANCE ALLOWANCE OF NOT TO EXCEED $50 IS DEPENDENT UPON A MEMBER COMPLETING FOUR YEARS OF "SATISFACTORY FEDERAL SERVICE" AS PRESCRIBED IN PUBLIC LAW 810, SECTION 302 (B) OF WHICH PROVIDES THAT A YEAR OF "SATISFACTORY FEDERAL SERVICE" SHALL CONSIST OF ANY YEAR IN WHICH A PERSON IS CREDITED WITH A MINIMUM OF 50 POINTS WHICH ARE CREDITED ON THE FOLLOWING BASIS:

"/1) ONE POINT FOR EACH DAY OF ACTIVE FEDERAL SERVICE:

"/2) ONE POINT FOR EACH DRILL OR PERIOD OF EQUIVALENT INSTRUCTION, SUCH DRILLS AND PERIODS OF EQUIVALENT INSTRUCTION TO BE RESTRICTED TO THOSE PRESCRIBED AND AUTHORIZED BY THE SECRETARY OF THE RESPECTIVE SERVICE FOR THE YEAR CONCERNED, AND TO CONFORM TO THE REQUIREMENTS PRESCRIBED BY OTHER PROVISIONS OF LAW;

"/3) FIFTEEN POINTS FOR MEMBERSHIP IN A RESERVE COMPONENT FOR EACH YEAR OF FEDERAL SERVICE OTHER THAN ACTIVE FEDERAL SERVICE.'

SUBSECTION (E) OF SECTION 306 OF THE SAID ACT PROVIDES AS FOLLOWS:

"/E) WITH RESPECT TO PERSONNEL OF THE ARMY OR THE AIR FORCE, SERVICE IN THE INACTIVE NATIONAL GUARD OR AIR NATIONAL GUARD, IN A NON FEDERALLY RECOGNIZED STATUS IN THE NATIONAL GUARD OR AIR NATIONAL GUARD, OR IN AN INACTIVE RESERVE SECTION OF THE OFFICERS' RESERVE CORPS OR AN INACTIVE OFFICERS' SECTION OF THE AIR FORCE RESERVE SHALL NOT BE DEEMED TO BE FEDERAL SERVICE.'

IT WILL BE NOTED THAT A YEAR OF "SATISFACTORY FEDERAL SERVICE" IS DEFINED IN SECTION 302 OF PUBLIC LAW 810 AS INCLUDING SERVICE AS AN ENLISTED MEMBER AND WARRANT OFFICER, AS WELL AS SERVICE AS A COMMISSIONED OFFICER. IN VIEW, THEREOF, MAY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER BE INCLUDED IN DETERMINING WHETHER A RESERVE OFFICER HAS COMPLETED FOUR YEARS OF ,SATISFACTORY FEDERAL SERVICE" IN DETERMINING ENTITLEMENT TO THE $50 MAINTENANCE ALLOWANCE.

SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952 PERTAINS TO OFFICERS ONLY. SECTION 101 (G) OF THE SAME DEFINES "OFFICER," WHEN USED IN THAT ACT, AS MEANING A COMMISSIONED OR WARRANT OFFICER. WHILE SUBSECTION 243 (B) OF THE ACT REFERS TO SATISFACTORY FEDERAL SERVICE AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, SUPRA, AND THUS ADOPTS THE DEFINITION IN THAT ACT OF SUCH SERVICE, THE SAID REFERENCE DOES NOT ENLARGE THE SCOPE OF THE SAID SECTION 243 SO AS TO INCLUDE ENLISTED SERVICE.

QUESTION 11 IS ANSWERED BY SAYING THAT SERVICE AS A WARRANT OFFICER MAY BE INCLUDED; SERVICE AS AN ENLISTED MEMBER MAY NOT BE INCLUDED.

QUESTION 12

THE FIRST PROVISO IN SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES THAT * * * ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSES OF THIS TION.' IT WILL BE NOTED THAT UNDER SECTION 302 (B) OF PUBLIC LAW 810 A YEAR OF "SATISFACTORY FEDERAL SERVICE" CONSISTS OF ANY YEAR IN WHICH A MEMBER IS CREDITED WITH 50 POINTS. SEVERAL QUESTIONS HAVE ARISEN CONCERNING THE METHOD OF COMPUTING A YEAR OF "SATISFACTORY FEDERAL SERVICE" FOR PURPOSES OF PAYMENT OF THE UNIFORM ALLOWANCES. EACH YEAR OF SERVICE AS A MEMBER OF A RESERVE COMPONENT PRIOR TO JULY 1, 1949, IS CONSIDERED A YEAR OF "SATISFACTORY FEDERAL SERVICE.' HOWEVER, SUBSEQUENT TO JULY 1, 1949, MEMBERSHIP IN A RESERVE COMPONENT ENTITLES A MEMBER TO CREDIT OF 15 POINTS; ONE POINT IS CREDITED FOR EACH DAY OF ACTIVE FEDERAL SERVICE OR FOR EACH PERIOD OF EQUIVALENT INSTRUCTION OR DUTY.

(A) IF A MEMBER IS CREDITED WITH 35 POINTS WHICH WERE EARNED INCIDENT TO THE PERFORMANCE OF ACTIVE DUTY FOR TRAINING, DRILLS OR OTHER DUTY REQUIRING THE WEARING OF THE UNIFORM, MAY THE 15 POINTS CREDITED FOR MEMBERSHIP IN A RESERVE COMPONENT BE CONSIDERED AS HAVING BEEN EARNED INCIDENT TO THE PERFORMANCE OF DUTY REQUIRING THE WEARING OF THE UNIFORM OR IS IT NECESSARY THAT THE ENTIRE 50 POINTS BE EARNED INCIDENT TO THE PERFORMANCE OF DUTY ACTUALLY REQUIRING THE WEARING OF THE UNIFORM?

SUBSECTION 302 (B) OF " PUBLIC LAW 810" WAS QUOTED, IN PERTINENT PART, IN THE PRESENTATION OF QUESTION 11. IT PROVIDES THAT A YEAR OF SATISFACTORY FEDERAL SERVICE IS A YEAR IN WHICH A PERSON EARNS 50 POINTS. FIFTEEN OF THOSE POINTS MAY BE EARNED MERELY FOR MEMBERSHIP IN A RESERVE COMPONENT AND THE REMAINDER OF THE 50 POINTS ARE TO BE EARNED BY THE PERFORMANCE OF CERTAIN SPECIFIED DUTY. IT WOULD APPEAR THAT THE FIRST PROVISO OF SECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952 TO THE EFFECT THAT ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSES OF THAT SECTION WOULD NOT BE APPLICABLE TO THE FIFTEEN POINTS GRANTED FOR MEMBERSHIP IN A RESERVE COMPONENT SINCE NO DUTY IS REQUIRED TO EARN THOSE POINTS. HENCE, A MEMBER WHO EARNS 35 POINTS WITHIN THE PRESCRIBED TIME INCIDENT TO THE PERFORMANCE OF ACTIVE DUTY FOR TRAINING, DRILLS, OR OTHER DUTY REQUIRING THE WEARING OF THE UNIFORM AND WHO IS ENTITLED TO FIFTEEN POINTS FOR MEMBERSHIP IN A RESERVE COMPONENT SHOULD BE CONSIDERED TO HAVE COMPLETED A YEAR OF SATISFACTORY FEDERAL SERVICE FOR THE PURPOSE OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952.

(B) IN DETERMINING WHETHER A MEMBER HAS COMPLETED A PERIOD OF FOUR YEARS'"SATISFACTORY FEDERAL SERVICE" MAY PERIODS OF SERVICE PRIOR TO JULY 1, 1949, BE INCLUDED AS "SATISFACTORY FEDERAL SERVICE" EVEN THOUGH ALL OR A PART OF SUCH SERVICE MAY NOT HAVE REQUIRED THE WEARING OF THE UNIFORM?

SECTION 302 (C) OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, 62 STAT. 1088, AS AMENDED BY SECTION 2 OF THE ACT OF SEPTEMBER 7, 1949, 63 STAT. 693, PROVIDES THAT EACH YEAR OF SERVICE AS A MEMBER OF A RESERVE COMPONENT PRIOR TO JULY 1, 1949, SHALL BE DEEMED TO BE A YEAR OF SATISFACTORY FEDERAL SERVICE FOR THE PURPOSES OF THAT SECTION. GIVING EFFECT TO THAT PROVISION AND THE FIRST PROVISO OF SECTION 243 (A) (3) OF THE ARMED FORCES RESERVE ACT OF 1952, ANY YEAR OF SERVICE AS A MEMBER OF A RESERVE COMPONENT PRIOR TO JULY 1, 1949, DURING WHICH SOME DUTY REQUIRING THE WEARING OF THE UNIFORM WAS PERFORMED MAY BE COUNTED AS A YEAR OF SATISFACTORY FEDERAL SERVICE.

(C) IF ONLY SERVICE PRIOR TO JULY 1, 1949, WHICH REQUIRED THE WEARING OF THE UNIFORM IS TO BE INCLUDED IN COMPUTING A YEAR OF "SATISFACTORY FEDERAL SERVICE" ON WHAT BASIS IS A YEAR OF ,SATISFACTORY FEDERAL SERVICE" TO BE COMPUTED PRIOR TO JULY 1, 1949?

IN VIEW OF THE ANSWER TO QUESTION 12 (B) NO ANSWER TO THIS QUESTION APPEARS NECESSARY.

(D) IN DETERMINING WHETHER A MEMBER HAS COMPLETED A YEAR OF"SATISFACTORY FEDERAL SERVICE," ARE ALL PERIODS OF INACTIVE DUTY TRAINING OR OTHER DUTY NOT REQUIRING THE WEARING OF THE UNIFORM TO BE EXCLUDED ON OR AFTER JULY 1, 1949?

QUESTION 12 (D) IS ANSWERED BY SAYING THAT ON AND AFTER JULY 1, 1949, THE 35 DUTY POINTS MAY BE EARNED ONLY BY DUTY REQUIRING THE WEARING OF THE UNIFORM. SEE ANSWER TO QUESTION 12 (A).

(E) MUST A YEAR OF "SATISFACTORY FEDERAL SERVICE" BE COMPLETED WITHIN ONE CALENDAR OR FISCAL YEAR BE COMBINED WITH POINTS EARNED IN SUBSEQUENT FISCAL YEARS UNTIL THE MEMBER HAS ACCRUED 50 POINTS?

THERE IS NO REQUIREMENT, EXPRESS OR IMPLIED, IN SUBSECTION 243 (B) THAT A YEAR OF SATISFACTORY FEDERAL SERVICE BE ALSO A CALENDAR YEAR ( JANUARY 1 TO DECEMBER 31) OR A FISCAL YEAR ( JULY 1 TO JUNE 30). HOWEVER THE REQUIRED 50 POINTS MUST BE EARNED DURING A ONE YEAR PERIOD. THAT IS, AN OFFICER WHO ENTERS THE SERVICE ON AUGUST 1, 1949, WOULD HAVE UNTIL JULY 31, 1940, TO EARN 50 POINTS. IF DURING THAT YEAR HE EARNED LESS THAN 50 POINTS, NO PART OF THAT YEAR COULD BE COUNTED IN COMPUTING YEARS OF SATISFACTORY FEDERAL SERVICE AND A NEW YEAR WOULD BEGIN AUGUST 1, 1950. ALSO, THE POINTS EARNED IN ONE SUCH YEAR MAY BE USED ONLY IN DETERMINING WHETHER THAT PARTICULAR YEAR IS A YEAR OF SATISFACTORY FEDERAL SERVICE. WHILE OFFICERS WHO HAVE CONTINUOUS SERVICE FROM SOME DATE PRIOR TO JULY 1, 1949, WOULD NORMALLY HAVE THEIR YEARS CORRESPOND TO THE FISCAL YEAR, THAT SITUATION RESULTS BECAUSE OF THE WORDING OF THE STATUTE AND NOT BECAUSE THE EARNING OF POINTS HAS ANY PARTICULAR RELATION TO THE FISCAL YEAR. ACCORDINGLY, QUESTION 12 (E) IS ANSWERED BY SAYING THAT A YEAR OF SATISFACTORY FEDERAL SERVICE MUST BE COMPLETED WITHIN ONE YEAR--- THE BEGINNING AND END OF THAT YEAR TO DEPEND UPON THE FACTS IN THE CASE--- AND POINTS EARNED DURING ONE SUCH YEAR MAY NOT BE COMBINED WITH POINTS EARNED IN A SUBSEQUENT YEAR.

(F) IF THE ANSWER TO QUESTION (E) IS IN THE AFFIRMATIVE, MAY A MEMBER BE CREDITED WITH POINTS FOR THE FOLLOWING CALENDAR OR FISCAL YEAR PRIOR TO THE END OF SUCH YEAR, OR MUST HE WAIT UNTIL THE COMMENCEMENT OF FOLLOWING CALENDAR OR FISCAL YEAR BEFORE ACCRUING ADDITIONAL POINTS?

IN VIEW OF THE ANSWER TO QUESTION 12 (E) NO ANSWER TO THIS QUESTION APPEARS REQUIRED.

QUESTION 13

THE LAST PROVISO IN SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952 PROVIDES AS OLLOWS:

"AND PROVIDED FURTHER, THAT ANY INDIVIDUAL WHO HAS SERVED ON ACTIVE DUTY AS AN OFFICER OF A REGULAR COMPONENT OF THE ARMED FORCES OF THE UNITED STATES MAY NOT BE QUALIFIED FOR ENTITLEMENT UNDER THIS SECTION BY DUTY PERFORMED WITHIN TWO YEARS AFTER SEPARATION FROM SUCH REGULAR COMPONENT.'

IN B-112407 DATED NOVEMBER 25, 1952, IN ANSWER TO QUESTIONS 6 AND 7, IT WAS HELD THAT WHILE THE SAID SECTION 243 (A) BARS PAYMENT OF A UNIFORM ALLOWANCE TO AN OFFICER WITHIN TWO YEARS AFTER HIS SEPARATION FROM A REGULAR COMPONENT WHEN THE TWO YEARS HAS PASSED THE LEGAL BAR TO PAYMENT IS REMOVED, AND THEREFORE, A RESERVE OFFICER WHO ENTERS ON A TOUR OF ACTIVE DUTY IN EXCESS OF 90 DAYS, WHICH STARTS WITHIN BUT EXTENDS BEYOND THE TWO YEAR PERIOD AFTER SEPARATION FROM A REGULAR COMPONENT IS ENTITLED AT THE EXPIRATION OF THE TWO YEAR PERIOD, IF OTHERWISE QUALIFIED, TO AN INITIAL UNIFORM ALLOWANCE OF $200 OR THE ADDITIONAL ALLOWANCE OF $100. THE OTHER HAND, IN THE SAME DECISION IN ANSWER TO QUESTION 12, IT WAS HELD THAT AN OFFICER OF A RESERVE COMPONENT WHO IS REASSIGNED TO A TOUR OF ACTIVE DUTY WITHIN TWO YEARS FROM THE DATE OF RELEASE FROM HIS LAST PERIOD OF ACTIVE DUTY IS PRECLUDED BY THE LAST PROVISO OF THE SAID SECTION 243 (C) WHICH PROVIDES THAT THE ADDITIONAL ALLOWANCE OF $100 IS NOT PAYABLE TO ANY OFFICER WHO HAS RECEIVED AN INITIAL ALLOWANCE IN EXCESS OF $200 DURING HIS CURRENT TOUR OF ACTIVE DUTY OR WHETHER (WITHIN)TWO YEARS PRIOR TO ENTERING ON HIS CURRENT TOUR OF ACTIVE DUTY, FROM RECEIVING THE ADDITIONAL ALLOWANCE OF $100 EVEN THOUGH HE WOULD HAVE BEEN ENTITLED THERETO HAD MORE THAN TWO YEARS ELAPSED PRIOR TO HIS RECALL TO ACTIVE DUTY. THE CONSTRUCTION PLACED UPON THE LAST PROVISO IN SECTION 243 (A), IN ANSWER TO QUESTIONS 6 AND 7 APPEARS TO SOME EXTENT TO BE IN CONFLICT WITH THE CONSTRUCTION PLACED UPON THE SOMEWHAT SIMILAR PROVISO IN SECTION 243 (C) IN ANSWER TO QUESTION 12. IN VIEW OF THE SUBSTANTIALLY SIMILAR LANGUAGE IN THE TWO PROVISOS SOME DOUBT EXISTS AS TO WHETHER IT WAS INTENDED THAT THE PROVISOS BE VIEWED AS HAVING A DIFFERENT APPLICATION UNDER CIRCUMSTANCES OUTLINED IN QUESTIONS 6, 7 AND 12.

QUESTIONS 6 AND 7 IN THE PRIOR DECISION OF NOVEMBER 25, 1952, WERE AS FOLLOWS:

Q. 6. WOULD ENTITLEMENT TO THE INITIAL SUM OF $200 OR THE FURTHER SUM OF $100 VEST AT THE EXPIRATION OF TWO YEARS FOLLOWING SEPARATION FROM THE REGULAR SERVICE, NOTWITHSTANDING AN ASSIGNMENT TO ACTIVE DUTY WITHIN THE TWO YEAR PERIOD AND A CONTINUANCE THEREON BEYOND THE EXPIRATION OF THE TWO YEAR PERIOD?

Q. 7. WOULD ENTITLEMENT TO THE INITIAL SUM OF $200 OR THE FURTHER SUM OF $100 VEST UPON RECALL AFTER THE EXPIRATION OF TWO YEARS FOLLOWING SEPARATION FROM THE REGULAR SERVICE NOTWITHSTANDING THE PERFORMANCE OF A PERIOD OF ACTIVE DUTY WITHIN THE TWO YEAR PERIOD FOLLOWING DATE OF SEPARATION FROM THE REGULAR ESTABLISHMENT?

THE DISCUSSION CONCERNING SAID QUESTIONS 6 AND 7 IN THE DECISION OF NOVEMBER 25, 1952, SHOULD BE CONSIDERED AS RELATING TO THE $200 ALLOWANCE ONLY. INSOFAR AS THOSE QUESTIONS RELATE TO PAYMENT OF THE $100 ALLOWANCE, THE REMARKS MADE IN CONNECTION WITH QUESTION 12 IN THAT DECISION SHOULD BE CONSIDERED APPLICABLE.

ACCORDINGLY, THE ANSWER TO QUESTION 6 IN THE DECISION OF NOVEMBER 25, 1952, IS MODIFIED BY SAYING THAT THE OFFICER WOULD BE ENTITLED TO A $200 ALLOWANCE UNDER SUBSECTION 243 (A) BUT, ON THE ASSUMPTION THAT HIS SERVICE AS A REGULAR OFFICER HAD BEEN FOR MORE THAN NINETY DAYS, HE WOULD NOT BE ENTITLED TO AN ALLOWANCE OF $100 UNDER SUBSECTION 243 (C), SINCE HE WOULD HAVE ENTERED ON ACTIVE DUTY AS A RESERVE OFFICER "WITHIN TWO YEARS AFTER COMPLETING A PREVIOUS PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OF MORE THAN NINETY DAYS' DURATION.'

THE ANSWER TO QUESTION 7 IN THE PRIOR DECISION IS MODIFIED BY SAYING THAT THE OFFICER WOULD BECOME ENTITLED TO A $200 ALLOWANCE UNDER SUBSECTION 243 (C) IF THE INTERVENING PERIOD OF ACTIVE DUTY HAD BEEN OF THE DURATION OF NINETY DAYS OR LESS.

NO MODIFICATION OF THE ANSWER TO QUESTION 12 IN THE PRIOR DECISION IS REQUIRED.