B-131891, JUN. 17, 1957

B-131891, JUN. 17, 1957

TO THE SECRETARY OF THE ARMY:

THERE ARE BEFORE US FOR CONSIDERATION SEVERAL CLAIMS OF EMPLOYEES OF THE DEPARTMENT OF THE ARMY FOR THE PAYMENT OF THE INITIAL CIVILIAN UNIFORM ALLOWANCE PROVIDED FOR UNDER THE FEDERAL EMPLOYEES UNIFORM ALLOWANCE ACT, 68 STAT. 1114, AS AMENDED. THAT ACT READS IN PART, AS FOLLOWS:

"SEC. 402. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY TO EACH AGENCY OF THE GOVERNMENT OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA (INCLUDING GOVERNMENT-OWNED CORPORATIONS), UPON A SHOWING OF THE NECESSITY OR DESIRABILITY THEREOF, AN AMOUNT NOT TO EXCEED $100 MULTIPLIED BY THE NUMBER OF THE EMPLOYEES OF SUCH AGENCY WHO ARE REQUIRED BY REGULATION OR BY LAW TO WEAR A PRESCRIBED UNIFORM IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES AND WHO ARE NOT BEING FURNISHED WITH SUCH UNIFORM. THE HEAD OF ANY AGENCY TO WHICH ANY SUCH APPROPRIATION IS MADE SHALL, OUT OF FUNDS MADE AVAILABLE BY SUCH APPROPRIATION, (1) FURNISH TO EACH SUCH EMPLOYEE SUCH UNIFORM AT A COST NOT TO EXCEED $100 PER ANNUM, OR (2) PAY TO EACH SUCH EMPLOYEE AN ALLOWANCE FOR DEFRAYING THE EXPENSES OF ACQUISITION OF SUCH UNIFORM AT SUCH TIMES AND IN SUCH AMOUNTS, NOT TO EXCEED $100 PER ANNUM, AS MAY BE PRESCRIBED IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION 404. WHERE THE FURNISHING OF A UNIFORM OR THE PAYMENT OF A UNIFORM ALLOWANCE IS AUTHORIZED UNDER ANY OTHER PROVISION OF LAW OR REGULATION EXISTING ON THE DATE OF ENACTMENT OF THIS ACT, THE HEAD OF THE AGENCY MAY IN HIS DISCRETION CONTINUE THE FURNISHING OF SUCH UNIFORM OR THE PAYMENT OF SUCH ALLOWANCE UNDERSUCH LAW OR REGULATION, BUT WHERE A UNIFORM IS FURNISHED OR ALLOWANCE PAID UNDER ANY SUCH LAW OR REGULATION NO UNIFORM SHALL BE FURNISHED OR ALLOWANCE PAID UNDER THIS SECTION.

"SEC. 404. THE DIRECTOR OF THE BUREAU OF THE BUDGET IS AUTHORIZED AND DIRECTED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO PROVIDE FOR THE UNIFORM ADMINISTRATION OF THIS TITLE.'

PURSUANT TO SECTION 404, BUREAU OF THE BUDGET CIRCULAR NO. A-30, AS REVISED OCTOBER 18, 1956, PRESCRIBED RULES AND REGULATIONS TO PROVIDE UNIFORM ADMINISTRATION OF THE ACT INVOLVED. PARAGRAPH 2 OF THE CIRCULAR CITES THE AUTHORITY FOR ANNUAL APPROPRIATIONS FOR EACH AGENCY OF THE GOVERNMENT AND PARAGRAPH 4C THEREOF STATES THAT THE AUTHORIZATION TO PAY UNIFORM ALLOWANCES UNDER THE ACT ,SHALL BE PUT INTO EFFECT FOR ALL ELIGIBLE EMPLOYEES ON THE DATE THAT APPROPRIATIONS THEREFORE ARE MADE AVAILABLE BY CONGRESS.'

PARAGRAPH 9A (1) OF AR-670-340-1, READS AS FOLLOWS:

"THERE WILL BE AN INITIAL ALLOWANCE AND REPLACEMENT ALLOWANCE. THE PURPOSE OF THE INITIAL ALLOWANCE IS TO HELP DEFRAY THE INITIAL COST OF OUTFITTING AN EMPLOYEE AT THE TIME HE REPORTS FOR DUTY. THE PURPOSE OF THE REPLACEMENT ALLOWANCE IS TO HELP DEFRAY THE COST OF REPLACING UNIFORM ITEMS WHICH ARE WORN OUT AS A RESULT OF NORMAL WEAR. ALLOWANCES WILL BE PAID ONLY TO THOSE EMPLOYEES WHO ARE SERVING IN POSITIONS REQUIRING UNIFORMS AT SUCH TIME AS PAYMENT OF ALLOWANCES IS AUTHORIZED BY APPROPRIATE REGULATIONS (PAR. 11). THE EFFECTIVE DATE OF THE INITIAL ALLOWANCE IS 1 JULY 1955 OR THE DATE THE EMPLOYEE IS INITIALLY REQUIRED TO WEAR A UNIFORM WHICHEVER IS LATER.'

PARAGRAPHS 7B AND 7C OF THE AR-670-340-2, DATED DECEMBER 1, 1955, READ AS FOLLOWS:

"B. INITIAL ALLOWANCE. PAYMENT OF AN INITIAL ALLOWANCE TO CIVILIAN GUARDS IS AUTHORIZED IN THE AMOUNT OF $100, PAYABLE IN ADVANCE. PAYMENT OF AN INITIAL ALLOWANCE IS AUTHORIZED ONLY TO CIVILIAN EMPLOYEES WHO ARE CURRENTLY SERVING IN GUARD POSITIONS.

"C. EFFECTIVE DATE. THE EFFECTIVE DATE FOR THE PAYMENT OF THE INITIAL ALLOWANCE IS 1 JULY 1955 OR THE DATE INITIALLY REQUIRED TO WEAR UNIFORMS WHICHEVER IS LATER. THE PERIOD COVERED BY THE INITIAL ALLOWANCE IS 1 YEAR.'

THE CLAIMS REFERRED TO ABOVE ARE THOSE OF JOHN A. BRUEN, WHO SERVED AS CIVILIAN GUARD AT HEADQUARTERS, QUARTERMASTER RESEARCH AND DEVELOPMENT CENTER, NATICK, MASSACHUSETTS FROM MARCH 13 TO NOVEMBER 27, 1955, AND EDWARD H. MARTIN WHO SERVED AS A CIVILIAN GUARD AT FORT LEAVENWORTH, KANSAS, FROM MARCH 19, 1951 TO NOVEMBER 30, 1955. BOTH CLAIMS WERE DISAPPROVED ADMINISTRATIVELY FOR THE REASON THE MEN WERE NOT CURRENTLY SERVING IN GUARD POSITIONS ON DECEMBER 1, 1955. APPARENTLY THE TERM "CURRENTLY SERVING IN GUARD POSITIONS," APPEARING IN PARAGRAPH 7B OF AR- 670-340-2, HAS BEEN CONSTRUED TO MEAN DECEMBER 1, 1955, THE DATE OF THE REGULATION, WHEREAS IT COULD BE CONSTRUED AS MEANING THE EFFECTIVE DATE FOR PAYMENT OF THE INITIAL ALLOWANCE, THAT IS, JULY 1, 1955, OR THE DATE THE GUARDS ARE INITIALLY REQUIRED TO WEAR UNIFORMS, WHICHEVER IS LATER.

SINCE, UNDER SECTION 404, ABOVE, THE BUREAU OF THE BUDGET IS DIRECTED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO PROVIDE FOR THE "UNIFORM" ADMINISTRATION OF THE ACT AND SINCE, AS INDICATED ABOVE, THE DATE APPROPRIATIONS ARE MADE AVAILABLE BY THE CONGRESS HAS BEEN PRESCRIBED AS THE DATE THE UNIFORM ALLOWANCE IS PAYABLE, IT WOULD SEEM THAT THE EFFECTIVE DATE OF AR-670-350-2--- JULY 1, 1955--- RATHER THAN THE DATE OF THE ARMY REGULATION WOULD BE MORE CONSISTENT WITH THE PROVISIONS OF THE BUDGET CIRCULAR.

WE WOULD APPRECIATE YOUR FURNISHING US WITH AN EXPRESSION OF YOUR VIEWS AS TO THE PROPER DATE TO BE APPLIED IN CONSIDERING THE INSTANT CLAIMS.