B-116782, DECEMBER 14, 1953, 33 COMP. GEN. 268

B-116782, DECEMBER 14, 1953, 33 COMP. GEN. 268

UNIFORMS - OFFICERS - MAINTENANCE ALLOWANCE - FOUR YEAR WAITING PERIOD REQUIREMENT THE PROVISO IN SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, WHICH BARS PAYMENT OF THE $50 ADDITIONAL UNIFORM ALLOWANCE AUTHORIZED BY THE SAID SECTION FOR OFFICERS OF RESERVE COMPONENTS UNTIL THE EXPIRATION OF NOT LESS THAN FOUR YEARS FROM THE TIME OF ENTITLEMENT TO THE LAST UNIFORM ALLOWANCE, IS FOR CONSIDERATION AS OF THE DATE ON WHICH AN OFFICER OTHERWISE BECOMES ENTITLED TO THE $50 ALLOWANCE, AND THEREFORE AN OFFICER WHOSE RIGHT TO A $50 UNIFORM ALLOWANCE EXISTED PRIOR TO THE TIME SUCH OFFICER BECAME ENTITLED TO RECEIVE AN INITIAL UNIFORM ALLOWANCE MAY NOT BE DIVESTED OF SUCH RIGHT MERELY BECAUSE PAYMENT OF THE $50 UNIFORM ALLOWANCE IS DEFERRED UNTIL AFTER PAYMENT OF THE SUBSEQUENTLY ACCRUING INITIAL UNIFORM ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO COLONEL R. SILVERMAN, DEPARTMENT OF THE ARMY, DECEMBER 14, 1953:

I HAVE YOUR LETTER OF MAY 14, 1953, WITH ENDORSEMENTS, FORWARDED HERE BY THE CHIEF OF FINANCE ON AUGUST 24, 1953, REQUESTING DECISION AS TO WHETHER PAYMENT OF A $50 UNIFORM ALLOWANCE IS AUTHORIZED TO EACH OF TWO COMMISSIONED OFFICERS AND TWO CHIEF WARRANT OFFICERS OF THE NATIONAL GUARD OF THE UNITED STATES. THE SAID ALLOWANCES ARE ITEMIZED ON A PAYROLL (FORWARDED WITH YOUR LETTER) WHICH CONTAINS THE FOLLOWING CERTIFICATE:

I HEREBY CERTIFY THAT THE OFFICERS LISTED BELOW HAVE PERFORMED 4 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, IN AN ACTIVE STATUS AS AN OFFICER IN THE SAME RESERVE COMPONENT WHICH INCLUDED 28 DAYS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING; SAID DUTY REQUIRED THE WEARING OF A UNIFORM. THE 4 YEARS OF SATISFACTORY FEDERAL SERVICE PRESCRIBED ABOVE HAS ALL BEEN PERFORMED SINCE THE RECEIPT OF A UNIFORM REIMBURSEMENT OR ALLOWANCE OF ANY KIND OR NO UNIFORM REIMBURSEMENT OR ALLOWANCE OF ANY KIND HAS EVER BEEN RECEIVED BY SAID OFFICERS.

(SIGNED) GEORGE J. KOUBEK,

GEORGE J. KOUBEK,

ST LT., AGC, NYNG, DEPT COMDR.

IT APPEARS THAT ONE OF THE OFFICERS COMPLETED FOUR YEARS SATISFACTORY FEDERAL SERVICE ON FEBRUARY 14, 1953, AND THE OTHER THREE ON JULY 10, 1952; AND THAT ON APRIL 8, 1953, EACH OFFICER WAS PAID A UNIFORM ALLOWANCE OF $200 BY REASON OF THE COMPLETION ON APRIL 7, 1953, OF 14 ARMORY DRILLS, WHICH BEGAN AFTER DECEMBER 31, 1952.

SUBSECTION 243 (A) (1) OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 9, 1952--- EFFECTIVE JANUARY 1, 1953--- 66 STAT. 492, PROVIDES AN INITIAL SUM OF NOT TO EXCEED $200, AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS, AFTER THE PERFORMANCE OF 14 PERIODS OF NOT LESS THAN TWO HOURS DURATION EACH, OF INACTIVE DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF A RESERVE COMPONENT. SUBSECTION 243 (B) OF THE ACT, 66 STAT. 493, PROVIDES AN ADDITIONAL SUM OF NOT TO EXCEED $50 UPON THE COMPLETION, AFTER THE DATE OF ENACTMENT OF THE ACT, OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE. THE REQUIREMENTS PRESCRIBED FOR SUCH SERVICE ARE REPEATED IN THE FIRST SENTENCE OF THE ABOVE-QUOTED CERTIFICATE. THIS SUBSECTION CONTAINS A PROVISO THAT "A PERSON WHO RECEIVES OR HAS HERETOFORE RECEIVED A UNIFORM ALLOWANCE OR REIMBURSEMENT 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 TIME OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE.'

IT IS INDICATED THAT YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF THE CLAIMED ALLOWANCES AROSE BECAUSE THE CERTIFICATE--- IN THE FORM PRESCRIBED BY ARMY REGULATIONS 35-1710, MARCH 13, 1953--- RECITES THAT FOUR YEARS SERVICE WAS PERFORMED SINCE THE RECEIPT OF A UNIFORM ALLOWANCE, WHEREAS EACH OFFICER HERE CONCERNED ACTUALLY WAS PAID A $200 ALLOWANCE ON APRIL 8, 1953.

THE PROVISO IN SUBSECTION 243 (B), PERTAINING TO $50 ALLOWANCES, IS FOR CONSIDERATION AS OF THE DATE ON WHICH AN OFFICER OTHERWISE BECOMES ENTITLED TO SUCH AN ALLOWANCE. IF HE THEN IS NOT BARRED BY THE PROVISO, SUCH PROVISO IS INOPERATIVE, AND HIS RIGHT TO A $50 ALLOWANCE VESTS ON THAT DATE. HE CANNOT THEREAFTER BE DIVESTED OF THAT RIGHT MERELY BECAUSE PAYMENT OF THE $50 ALLOWANCE IS DEFERRED UNTIL AFTER PAYMENT OF A SUBSEQUENTLY ACCRUING ALLOWANCE. SINCE THE $50 ALLOWANCES IN THESE CASES ACCRUED PRIOR TO THE DATE THE $200 ALLOWANCE BECAME PAYABLE, THE RIGHT TO THE $50 ALLOWANCE WAS NOT AFFECTED BY THE ACCRUAL OF THE SUBSEQUENT ALLOWANCE.

ACCORDINGLY, PAYMENT ON THE PAYROLL, RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.