B-16297, MAY 27, 1941, 20 COMP. GEN. 819

B-16297, MAY 27, 1941, 20 COMP. GEN. 819

UNIFORM GRATUITY - COMMISSIONING OF NAVAL RESERVE MIDSHIPMEN NAVAL RESERVE MIDSHIPMEN, WHO WERE TENDERED COMMISSIONS AS ENSIGNS IN THE NAVAL RESERVE UPON COMPLETION OF THEIR COURSE OF INSTRUCTION, WERE OFFICERS ON ACTIVE DUTY WHEN THEY EXECUTED THE ACCEPTANCE AND OATH OF OFFICE AND REPORTED TO THEIR COMMANDING OFFICERS FOR DETACHMENT FOR DUTY AT OTHER STATIONS, AND ARE ENTITLED, PRIOR TO RECEIPT OF INFORMATION THAT THEY REPORTED TO THEIR NEW STATIONS AS DIRECTED IN THEIR INDIVIDUAL ORDERS, TO THE UNIFORM GRATUITY PAYABLE UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 TO OFFICERS UPON REPORTING FOR ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 27, 1941:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED APRIL 17, 1941, WITH WHICH THERE WAS SUBMITTED LETTER FROM THE OFFICER IN CHARGE, RETAINER PAY DIVISION, BUREAU OF SUPPLIES AND ACCOUNTS, DATED APRIL 11, 1941, AS FOLLOWS:

1.APPROXIMATELY 2,100 UNIFORM GRATUITY VOUCHERS HAVE BEEN RECEIVED IN THE DEPARTMENT FROM ENSIGNS, U. S. NAVAL RESERVE, RECENTLY GRADUATED FROM THE THREE RESERVE MIDSHIPMEN'S SCHOOLS. THESE VOUCHERS ARE ACCOMPANIED BY CERTIFIED COPIES OF ORDERS WHICH DO NOT BEAR THE REPORTING ENDORSEMENT--- I.E., THERE IS NO STATEMENT THEREON TO THE EFFECT THAT THE OFFICER CONCERNED HAS IN FACT REPORTED AT THE DESIGNATED SHIP OR STATION TO WHICH HE WAS ORDERED TO REPORT. THIS IS BECAUSE, IN AN EFFORT TO SECURE SPEEDY REIMBURSEMENT, THE VOUCHERS WERE PREPARED AT THE RESERVE MIDSHIPMEN'S SCHOOL AND FORWARDED UPON COMPLETION OF MIDSHIPMEN TRAINING, IMMEDIATELY AFTER BEING COMMISSIONED AS ENSIGNS.

2. SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, RELATING TO BOTH THE $100 GRATUITY AND THE $150 GRATUITY, INSOFAR AS IS APPLICABLE TO THIS CLASS OF OFFICERS, PROVIDES THAT THE GRATUITY IS PAYABLE WHEN THE OFFICER REPORTS FOR ACTIVE DUTY.

3. THESE NEWLY COMMISSIONED OFFICERS FORMERLY SERVED A THIRTY-DAY PROBATIONARY PERIOD AS APPRENTICE SEAMEN, CLASS V-7, U.S. NAVAL RESERVE, WITHOUT PAY; UPON SATISFACTORY COMPLETION OF THE PROBATIONARY PERIOD THEY WERE ORDERED TO ONE OF THE RESERVE MIDSHIPMEN'S SCHOOLS FOR A THREE/MONTHS' COURSE OF INSTRUCTION, WITH PAY, BEING DESIGNATED AS RESERVE MIDSHIPMEN DURING THIS PERIOD. UPON SATISFACTORY COMPLETION OF THEIR INSTRUCTION THEY WERE (WHILE STILL ON ACTIVE DUTY) TENDERED A COMMISSION AS ENSIGN, U.S. NAVAL RESERVE, AND UPON ACCEPTANCE, WERE IMMEDIATELY ISSUED ORDERS TO ACTIVE DUTY WITH THE FLEET.

4. FROM THE FOREGOING, IT WILL BE OBSERVED THAT THESE NEWLY COMMISSIONED OFFICERS HAVE, IN FACT, BEEN ON ACTIVE DUTY WITH PAY FOR AT LEAST THREE MONTHS AND THAT THEIR ORDERS, SIMILAR TO ENCLOSURE (A), HAVE THE EFFECT OF CONTINUING THEM ON ACTIVE DUTY BUT AT ANOTHER LOCATION.

5. IT IS RECOMMENDED THAT THIS MATTER BE PRESENTED TO THE COMPTROLLER GENERAL FOR DECISION WHETHER THE OFFICER IN CHARGE, RETAINER PAY DIVISION, WOULD BE AUTHORIZED TO PAY THIS CLASS OF OFFICERS THEIR UNIFORM GRATUITIES PRIOR TO RECEIPT OF INFORMATION THAT THE OFFICERS HAD REPORTED AS DIRECTED IN THEIR INDIVIDUAL ORDERS.

SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, PROVIDES:

IN TIME OF PEACE, UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, AFTER ENACTMENT HEREOF, AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, OR AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS, A COMMISSIONED OR WARRANT OFFICER OF THE NAVAL RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF THE REQUIRED UNIFORMS, * * * AND PROVIDED FURTHER, THAT IN TIME OF WAR OR NATIONAL EMERGENCY A FURTHER SUM OF $150 FOR THE PURCHASE OF REQUIRED UNIFORMS SHALL BE PAID TO OFFICERS OF THE NAVAL RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY.

THE OFFICERS REFERRED TO IN THE LETTER QUOTED ABOVE WERE ON ACTIVE DUTY AS RESERVE MIDSHIPMEN AT ONE OF THE RESERVE MIDSHIPMEN'S SCHOOLS AT THE TIME THEY RECEIVED THEIR APPOINTMENTS AS ENSIGNS IN THE NAVAL RESERVE. AFTER THE EXECUTION BY EACH OFFICER OF HIS ACCEPTANCE AND OATH OF OFFICE UNDER HIS COMMISSION AS ENSIGN, HIS ORDERS REQUIRED HIM, WHEN DIRECTED BY HIS COMMANDING OFFICER, TO REGARD HIMSELF DETACHED FROM ALL DUTY AT HIS PRESENT STATION, AND TO PROCEED AND REPORT FOR DUTY AS INDICATED IN HIS ORDER. WHEN THE OFFICERS INVOLVED EXECUTED THE ACCEPTANCE AND OATH OF OFFICE AND REPORTED TO THEIR COMMANDING OFFICERS FOR DETACHMENT, THEY WERE OFFICERS ON ACTIVE DUTY. SUCH ACTION ON THEIR PART APPEARS TO BE SUFFICIENT COMPLIANCE WITH THE REQUIREMENTS OF SECTION 302, SUPRA, INSOFAR AS IT IS REQUIRED THAT THE OFFICER REPORT FOR ACTIVE DUTY.

ACCORDINGLY, YOU ARE ADVISED THAT UNDER THE CIRCUMSTANCES RELATED IN THE ABOVE LETTER PAYMENT OF UNIFORM GRATUITY, IF OTHERWISE AUTHORIZED, PRIOR TO RECEIPT OF INFORMATION THAT THE OFFICER REPORTED TO HIS NEW STATION AS DIRECTED IN HIS INDIVIDUAL ORDERS, IS AUTHORIZED.