B-148957, JUN 20, 1962

B-148957, JUN 20, 1962

TO THE SECRETARY OF DEFENSE

THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), BY LETTER OF MAY 16, 1962, REQUESTED A DECISION AS TO THE DATE ON WHICH THE RESERVE OFFICERS' UNIFORM MAINTENANCE ALLOWANCE ACCRUES AND MAY BE PAID PURSUANT TO SECTION 305 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, UNDER THE CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION NO. 300 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

THE QUESTION AS STATED IN THE COMMITTEE ACTION IS WHETHER THE "DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE" REFERRED TO IN THE PROVISO OF SECTION 305 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 20 (D) OF THE ACT OF AUGUST 10, 1956, 70A STAT. 628, IS APPLICABLE TO THE DATE OF LAST COMPLETION OF AN AGGREGATE OF FOUR YEARS OF SATISFACTORY SERVICE OR TO THE DATE OF LAST ENTITLEMENT TO ACTUAL PAYMENT OF A UNIFORM REIMBURSEMENT OR ALLOWANCE.

IN THE COMMITTEE ACTION THERE IS SET FORTH AN EXAMPLE ILLUSTRATIVE OF THE QUESTION, AS FOLLOWS:

"A RESERVE OFFICER COMMENCED A PERIOD OF PRESCRIBED SERVICE ON JULY 2, 1953 AND ON OCTOBER 10, 1953, BECAME ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200.00 BY VIRTUE OF THE PERFORMANCE OF 14 PERIODS OF NOT LESS THAN 2 HOURS' DURATION EACH, OF INACTIVE-DUTY TRAINING AS A MEMBER IN THE READY RESERVE OF A RESERVE COMPONENT. HE COMPLETED FOUR YEARS OF PRESCRIBED SERVICE ON JULY 1, 1957, FOR ENTITLEMENT TO THE $50 UNIFORM MAINTENANCE ALLOWANCE, SUBJECT TO THE CONDITION THAT IT NOT BE PAID UNTIL OCTOBER 10, 1957, THAT BEING THE DAY FOLLOWING THE EXPIRATION DATE OF FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE (33 COMP. GEN. 366).

"WITH REGARD TO THE OFFICER'S ENTITLEMENT TO THE NEXT $50 UNIFORM MAINTENANCE ALLOWANCE, HE COMPLETED A SECOND AGGREGATE OF FOUR YEARS PRESCRIBED SERVICE ON JULY 1, 1961.'

SECTION 305 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 20 (D) OF THE ACT OF AUGUST 10, 1956, 70A STAT. 628 PROVIDES IN PERTINENT PART, AS FOLLOWS:

"/B) AN OFFICER OF A RESERVE COMPONENT IS 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 JULY 9, 1952, OF FOUR YEARS OF SERVICE AS PRESCRIBED IN SECTION 1332 (A) (2) OF TITLE 10, UNITED STATES CODE, PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT AND WHICH SHALL INCLUDE AT LEAST 28 DAYS OF ACTIVE DUTY: PROVIDED, THAT ANY PERIOD OF ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 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 IS NOT 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: * * *.'

THE ABOVE-QUOTED SUBSECTION SETS FORTH TWO CONDITIONS PRECEDENT TO ENTITLEMENT TO THE $50 UNIFORM MAINTENANCE ALLOWANCE: (1) THE COMPLETION OF FOUR YEARS OF PRESCRIBED SERVICE PERFORMED IN AN ACTIVE STATUS IN A RESERVE COMPONENT WHICH INCLUDES AT LEAST 28 DAYS OF ACTIVE DUTY, EXCLUDING PERIODS OF ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS, AND (2) THE EXPIRATION OF NOT LESS THAN FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE.

IN THE EXAMPLE SET FORTH IN THE MILITARY PAY AND ALLOWANCE COMMITTEE ACTION NO. 300, THE RESERVE OFFICER COMPLETED THE FOUR YEARS OF PRESCRIBED SATISFACTORY SERVICE ON JULY 1, 1957, TO SATISFY THE FIRST CONDITION, BUT THE FOUR YEARS FROM DATE OF ENTITLEMENT TO THE LAST REIMBURSEMENT OR ALLOWANCE DID NOT EXPIRE UNTIL OCTOBER 9, 1957. HENCE, HIS ENTITLEMENT TO THE $50 ALLOWANCE AROSE ON OCTOBER 10, 1957.

SIMILARLY, THE NEXT MAINTENANCE ALLOWANCE WOULD ACCRUE IN THE SAME MANNER. ASSUMING THE OFFICER PERFORMED THE NECESSARY PRESCRIBED SERVICE, AND THERE WERE NO PERIODS OF ACTIVE DUTY FOR PERIODS IN EXCESS OF 90 DAYS, THE FIRST CONDITION WOULD BE SATISFIED ON JULY 1, 1961, BUT THE FOUR YEARS FROM LAST PAYMENT WOULD NOT EXPIRE UNTIL OCTOBER 9, 1961, YOUR QUESTION IS ANSWERED ACCORDINGLY WITH THE ENTITLEMENT TO PAYMENT BEING EFFECTIVE OCTOBER 10, 1961.