B-127041, MAY 29, 1956, 35 COMP. GEN. 668

B-127041, MAY 29, 1956, 35 COMP. GEN. 668

UNIFORM ALLOWANCE - SATISFACTORY FEDERAL SERVICE - RESERVE OFFICERS A MEMBER OF THE COAST GUARD RESERVE WHO BECAME ENTITLED TO HER LAST UNIFORM ALLOWANCE ON JUNE 13, 1951, BUT WHO DID NOT COMPLETE THE MINIMUM REQUIREMENTS OF FOUR YEARS OF SATISFACTORY FEDERAL SERVICE, REQUIRING THE WEARING OF A UNIFORM, UNTIL NOVEMBER 22, 1955, THE ANNIVERSARY DATE OF HER ENTRY INTO THE SERVICE, WAS NOT ENTITLED TO A UNIFORM ALLOWANCE PAYMENT UNTIL NOVEMBER 22, 1955.

TO LIEUTENANT C. D. MILLER, UNITED STATES COAST GUARD, MAY 29, 1956:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1956, AS SUPPLEMENTED BY YOUR LETTER OF FEBRUARY 17, 1956, ENCLOSING A VOUCHER, WITH SUPPORTING PAPERS, IN FAVOR OF LIEUTENANT MARION E. BRODERICK, NOW LIEUTENANT MARION E. BRODERICK FOLEY, USCGR/W), FOR UNIFORM ALLOWANCE IN THE AMOUNT OF $50, AND REQUESTING DECISION AS TO THE DATE OF HER ENTITLEMENT TO SUCH ALLOWANCE.

IT APPEARS THAT LIEUTENANT FOLEY EXECUTED OATH OF OFFICE AS ENSIGN, USCGR/W), ON JUNE 14, 1944, AND REPORTED FOR ACTIVE DUTY ON THAT DAY; AND THAT SHE WAS PAID AN INITIAL UNIFORM ALLOWANCE IN CONNECTION WITH SUCH REPORTING. IT FURTHER APPEARS THAT HER APPOINTMENT WAS TERMINATED JULY 25, 1947; THAT ON NOVEMBER 22, 1949, SHE EXECUTED OATH OF OFFICE AS ENSIGN, USCGR/W), UNDER A NEW APPOINTMENT; THAT SHE REPORTED FOR TRAINING DUTY WITH PAY ON JUNE 13, 1951, AND WAS PAID $50 AS A UNIFORM ALLOWANCE IN CONNECTION WITH SUCH REPORTING. ALSO, IT APPEARS THAT SHE HAS NOT BEEN PAID ANY ALLOWANCE SINCE JUNE 13, 1951, AND THAT HER MEMBERSHIP IN THE COAST GUARD RESERVE HAS BEEN CONTINUOUS FROM NOVEMBER 22, 1949, TO THE PRESENT TIME.

SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952, APPROVED JULY 9, 1952, 66 STAT. 492, 50 U.S.C. 974, PROVIDES, IN PERTINENT PART, THAT:

(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:

SINCE LIEUTENANT FOLEY'S REENTRY INTO THE SERVICE ON NOVEMBER 22, 1949, HER MEMBERSHIP IN THE COAST GUARD RESERVE HAS BEEN CONTINUOUS. HENCE, NOVEMBER 22 IS THE BEGINNING DATE OF HER "SERVICE" YEAR, THAT IS, THE YEAR DURING WHICH SHE MAY MEET THE MINIMUM REQUIREMENTS (50 CREDITABLE POINTS) FOR "SATISFACTORY FEDERAL SERVICE" AS PRESCRIBED IN TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, 10 U.S.C. 1036, AS AMENDED, AND, CONSEQUENTLY, NOVEMBER 22 IS THE BEGINNING DATE FOR COMPUTING HER YEARS OF SATISFACTORY FEDERAL SERVICE WITHIN THE CONTEMPLATION OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952. COMPARE 33 COMP. GEN. 242, 247, ANSWER TO QUESTION 3. HOWEVER, SINCE SHE LAST BECAME ENTITLED TO A UNIFORM ALLOWANCE ON JUNE 13, 1951, THE FOUR- YEAR MINIMUM PERIOD WHICH MUST ELAPSE BEFORE ENTITLEMENT TO THE NEXT UNIFORM ALLOWANCE BEGAN ON THAT DATE.

IT IS REPORTED THAT FOR THE "SERVICE" YEAR BEGINNING NOVEMBER 22, 1950, AND ENDING NOVEMBER 21, 1951, LIEUTENANT FOLEY EARNED 54 POINTS CREDITABLE FOR RETIREMENT PAY PURPOSES UNDER TITLE III OF THE ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948, AS AMENDED, OF WHICH ONLY 14 WERE EARNED BY DUTY REQUIRING THE WEARING OF THE UNIFORM. PRESUMABLY, SHE WAS CREDITED WITH 15 POINTS FOR MEMBERSHIP IN A RESERVE ORGANIZATION. THAT MAKES A TOTAL OF BUT 29 POINTS CLEARLY CREDITABLE FOR UNIFORM ALLOWANCE PURPOSES, SINCE POINTS EARNED FOR RETIREMENT PAY PURPOSES UNDER TITLE III BY DUTY NOT REQUIRING THE WEARING OF THE UNIFORM ARE NOT CREDITABLE IN DETERMINING SERVICE FOR UNIFORM ALLOWANCE PURPOSES UNDER SECTION 243 (B). SEE 32 COMP. GEN. 502, 514, 515, ANSWERS TO QUESTIONS 12 (A) AND 12 (D). SINCE IT IS NOT ESTABLISHED THAT SHE PERFORMED SATISFACTORY FEDERAL SERVICE WITHIN THE CONTEMPLATION OF SECTION 243 (B) FOR THE COMPLETE YEAR BEGINNING NOVEMBER 22, 1950, AND ENDING NOVEMBER 21, 1951, IT MAY NOT BE CONSIDERED THAT SHE PERFORMED SATISFACTORY FEDERAL SERVICE, WITHIN THE CONTEMPLATION OF THAT SECTION, FOR ANY PORTION OF SUCH YEAR.

IT IS SHOWN THAT FOR EACH YEAR OF THE FOUR-YEAR PERIOD BEGINNING NOVEMBER 22, 1951, AND ENDING NOVEMBER 21, 1955, THE OFFICER PERFORMED SATISFACTORY FEDERAL SERVICE, WITHIN THE CONTEMPLATION OF SECTION 243 (B) OF THE ARMED FORCES RESERVE ACT OF 1952, TAKING INTO CONSIDERATION THE PROVISIONS RELATING TO DUTY REQUIRING THE WEARING OF THE UNIFORM, AND THE PROVISIONS REQUIRING THE PERFORMANCE OF AT LEAST 28 DAYS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING DURING SUCH FOUR-YEAR PERIOD.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED ON THE BASIS THAT THE OFFICER BECAME ENTITLED TO A UNIFORM ALLOWANCE OF $50 ON NOVEMBER 22, 1955.

YOU ALSO ASK THE FOLLOWING QUESTION:

IF IT IS RULED THAT ENTITLEMENT ACCRUES ON NOVEMBER 22, 1955, WOULD THE ANSWER BE THE SAME IF THE BEGINNING OF THE FOUR-YEAR PERIOD ( NOVEMBER 23, 1951) DID NOT COINCIDE WITH THE BEGINNING OF LT * * * ( FOLEY-S) SERVICE YEAR? STATED OTHERWISE, COULD THE STARTING POINT OF THE FOUR-YEAR PERIOD BE COMPUTED AS THE EARLIEST DATE ON WHICH THIS OFFICER REPORTED FOR DUTY REQUIRING THE WEARING OF THE UNIFORM AND MET ALL OTHER REQUIREMENTS FOR A FOUR-YEAR PERIOD OF SATISFACTORY FEDERAL SERVICE, PROVIDING IT FOLLOWED THE DATE OF ENTITLEMENT TO LAST REIMBURSEMENT OR LLOWANCE? THIS ALTERNATIVE IS PREDICATED UPON THE DEFINITION OF A YEAR OF SATISFACTORY FEDERAL SERVICE PRESCRIBED BY SEC. 243 (B) ARMED FORCES RESERVE ACT AND SEC. 302 (B) OF ARMY AND AIR FORCE VITALIZATION AND RETIREMENT EQUALIZATION ACT OF 1948 AS "ANY YEAR" IN WHICH A PERSON IS CREDITED WITH A MINIMUM OF 50 POINTS, WITHOUT SPECIFYING WHEN SUCH YEAR SHALL BEGIN.

SUCH QUESTION IS ANSWERED BY SAYING THAT LIEUTENANT FOLEY WOULD HAVE BEEN ENTITLED TO A UNIFORM ALLOWANCE IN THE AMOUNT OF $50 ON JUNE 13, 1955, IF ALL OF HER SERVICE DURING THE PERIOD JUNE 14, 1951, TO JUNE 13, 1955, HAD BEEN SATISFACTORY FEDERAL SERVICE AND SHE HAD MET THE MINIMUM DUTY REQUIREMENTS FOR SUCH SATISFACTORY FEDERAL SERVICE BY THE PERFORMANCE OF DUTY REQUIRING THE WEARING OF THE UNIFORM. HOWEVER, NOT UNTIL NOVEMBER 21, 1955, COULD IT HAVE BEEN DETERMINED THAT SHE HAD PERFORMED SATISFACTORY FEDERAL SERVICE FOR THE PERIOD NOVEMBER 22, 1954, TO JUNE 13, 1955. COMPARE 33 COMP. GEN. 242, 247, ANSWER TO QUESTION 3A (1).