B-121562, AUG. 15, 1955

B-121562, AUG. 15, 1955

TO LIEUTENANT COLONEL ANITA E. FALSETTA, AIR FORCE RESERVE:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 9, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED MARCH 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR A UNIFORM ALLOWANCE OF $250 UNDER THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039.

A STATEMENT OF SERVICE FURNISHED BY THE DEPARTMENT OF THE AIR FORCE ON JUNE 8, 1955, SHOWS THAT YOU WERE APPOINTED THIRD OFFICER, WOMEN'S ARMY AUXILIARY CORPS, ON FEBRUARY 23, 1943, SECOND LIEUTENANT, ARMY OF THE UNITED STATES (WAC), ON SEPTEMBER 1, 1943, FIRST LIEUTENANT, ARMY OF THE UNITED STATES (WAC), ON JANUARY 20, 1944, AND CAPTAIN, ARMY OF THE UNITED STATES (WAC), ON MARCH 27, 1945, AND THAT YOU WERE SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS ON AUGUST 4, 1946. THE REPORT ALSO SHOWS THAT YOU WERE TENDERED AN APPOINTMENT AS CAPTAIN, UNITED STATES AIR FORCE, ON APRIL 13, 1949, AND THAT YOU ACCEPTED THAT APPOINTMENT AND ENTERED ON ACTIVE DUTY ON MAY 9, 1949. IT IS FURTHER REPORTED THAT YOU WERE PROMOTED TO MAJOR, UNITED STATES AIR FORCE, ON DECEMBER 14, 1950, AND WERE HONORABLY DISCHARGED FEBRUARY 22, 1954; THAT YOU ACCEPTED AN APPOINTMENT AS MAJOR, AIR FORCE RESERVE, ON FEBRUARY 23, 1954, AND WERE PROMOTED TO LIEUTENANT COLONEL, AIR FORCE RESERVE, ON APRIL 29, 1955.

SECTION 2 OF THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, IN EFFECT AT THE TIME OF YOUR APPOINTMENT IN THE REGULAR AIR FORCE, PROVIDED THAT:

"EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN ALLOWANCE OF $250 FOR UNIFORMS AND EQUIPMENT IS HEREBY AUTHORIZED TO BE PAID TO THE FOLLOWING PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF:

"/A) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN THE GRADE OF SECOND LIEUTENANT, FIRST LIEUTENANT, OR CAPTAIN, AND ENTITLED TO THE PAY OF THE FIRST, SECOND, OR THIRD PAY PERIODS ON APRIL 3, 1939, OR AT THE TIME OF SUCH ACCEPTANCE FOR ACTIVE DUTY; * * *"

YOUR SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS DID NOT ENTITLE YOU TO UNIFORM ALLOWANCE UNDER THE ABOVE PROVISIONS, SINCE MEMBERS OF THAT CORPS WERE NOT MEMBERS OF THE ARMY OF THE UNITED STATES BUT "SERVED WITH THE ARMY OF THE UNITED STATES.' SECTION 1 OF THE ACT OF MAY 14, 1942, 56 STAT. 278. MOREOVER, ALL MEMBERS OF THE CORPS WERE FURNISHED UNIFORMS IN KIND. SECTION 8 OF THE ABOVE ACT, 56 STAT. 280.

THE WOMEN'S ARMY CORPS WAS ESTABLISHED AS A COMPONENT OF THE ARMY OF THE UNITED STATES BY THE ACT OF JULY 1, 1943, 57 STAT. 371. SECTION 4 OF THE ACT, 57 STAT. 371, PROVIDED, IN PERTINENT PART, THAT:

"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. * * *"

HENCE, YOUR SERVICE AS AN OFFICER OF THE ARMY OF THE UNITED STATES (WAC) DID NOT ENTITLE YOU TO A UNIFORM ALLOWANCE UNDER THE ACT OF DECEMBER 4, 1942.

IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT, THE STATEMENT IS MADE THAT YOU DID NOT INTEND TO CLAIM THE UNIFORM ALLOWANCE UNDER THE ACT OF DECEMBER 4, 1942, BUT THAT YOU HAD IN MIND A STATUTE PASSED SUBSEQUENT TO WORLD WAR II, POSSIBLY SOMETIME IN 1948.

THE ACT OF DECEMBER 4, 1942, IS THE ONLY AUTHORITY OF WHICH WE ARE AWARE WHICH PROVIDED FOR PAYMENT OF $250 UNIFORM ALLOWANCES TO OFFICERS OF THE ARMY AND AIR FORCE.

SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492, WHICH AUTHORIZED PAYMENT OF A $200 INITIAL UNIFORM ALLOWANCE UNDER CERTAIN CIRCUMSTANCES, APPLIES ONLY TO OFFICERS OF THE RESERVE FORCES AND ITS PROVISIONS DO NOT AUTHORIZE PAYMENT OF A UNIFORM GRATUITY TO OFFICERS APPOINTED IN THE REGULAR SERVICES.