B-34608, JUNE 2, 1943, 22 COMP. GEN. 1070

B-34608, JUNE 2, 1943, 22 COMP. GEN. 1070

UNIFORM ALLOWANCE - FULL TIME CONTRACT SURGEONS SERVING WITH THE ARMY FULL TIME CONTRACT SURGEONS SERVING WITH THE ARMY OF THE UNITED STATES RENDER SERVICES AS CIVILIAN PHYSICIANS AND DO NOT SERVE IN ANY OF THE GRADES SPECIFIED IN THE ACT OF DECEMBER 4, 1942, WHICH AUTHORIZES THE PAYMENT OF A UNIFORM ALLOWANCE TO CERTAIN PERSONNEL IN THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF ON ACTIVE DUTY IN THE GRADES SPECIFIED THEREIN, AND, THEREFORE, PAYMENT OF THE SAID ALLOWANCE TO SUCH CONTRACT SURGEONS IS NOT AUTHORIZED.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. F. J. KEELTY, U.S. ARMY, JUNE 2, 1943:

THERE HAS BEEN RECEIVED, BY ENDORSEMENT OF THE DIRECTOR, FISCAL DIVISION, ARMY SERVICE FORCES, WASHINGTON, D.C., YOUR LETTER OF APRIL 29, 1943, AS FOLLOWS:

1. UNDER AUTHORITY OF THE ACT OF JULY 31, 1894 (28 STAT. 208), YOUR ADVANCE DECISION IS REQUESTED OF THE QUESTION WHETHER I AM LEGALLY AUTHORIZED TO MAKE PAYMENT OF THE ENCLOSED VOUCHER, WHICH HAS BEEN SUBMITTED TO ME AS A UNITED STATES DISBURSING OFFICER, FOR PAYMENT, STATED IN FAVOR OF RUFUS S. REEVES, CONTRACT SURGEON, IN THE SUM OF $250.00, COVERING UNIFORM ALLOWANCE UNDER THE ACT OF DECEMBER 4, 1942. THE QUESTION INVOLVED IS WHETHER A CONTRACT SURGEON SERVING WITH THE ARMY, FULL TIME, AND REQUIRED TO WEAR AN ARMY UNIFORM OF HIS ASSIMILATED RANK, IS INCLUDED WITHIN THE PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF FOR WHOM THE UNIFORM ALLOWANCE IS AUTHORIZED IN THE ACT OF DECEMBER 4, 1942, PUBLIC NO. 788.

THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, PUBLIC LAW 788, 77TH CONGRESS, IS ENTITLED "1AN ACT TO PROVIDE A UNIFORM ALLOWANCE FOR OFFICERS AND WARRANT OFFICERS COMMISSIONED OR APPOINTED IN THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF.'

SECTIONS 1 AND 2 OF SAID ACT PROVIDE:

THAT THE ACT OF MAY 14, 1940 (54 STAT. 212), THE ACT OF MARCH 9, 1942 ( PUBLIC LAW 492, SEVENTY-SEVENTH CONGRESS), AND ANY PROVISION OF ANY OTHER LAW AUTHORIZING THE PAYMENT OF A UNIFORM ALLOWANCE TO ANY PERSON UPON BEING APPOINTED A COMMISSIONED OR WARRANT OFFICER IN ANY COMPONENT OF THE ARMY OF THE UNITED STATES, ARE HEREBY REPEALED, BUT ANY PAYMENTS HERETOFORE MADE PURSUANT THERETO, IF OTHERWISE CORRECT, ARE HEREBY VALIDATED.

SEC. 2. 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; AND

(B) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN ANY TEMPORARY OR PERMANENT GRADE OF WARRANT OFFICER (INCLUDING ANY PERSON APPOINTED FLIGHT OFFICER), EXCEPT THAT OF A CHIEF WARRANT OFFICER ENTITLED TO RECEIVE THE BASE PAY AND ALLOWANCES PROVIDED FOR OFFICERS OF THE FOURTH PAY PERIOD.

THE ABOVE-QUOTED ACT PERTAINS ONLY TO PERSONS ON ACTIVE DUTY IN THE GRADES SPECIFIED THEREIN. A CONTRACT SURGEON IS A CIVILIAN. ARMY REGULATIONS 40-30, PARAGRAPHS 1 AND 2. HE DOES NOT SERVE IN ANY OF THE GRADES MENTIONED IN THE ACT BUT RENDERS SERVICE AS A CIVILIAN PHYSICIAN UNDER A CONTRACT AS AUTHORIZED TO BE MADE BY THE SURGEON GENERAL OF THE ARMY, WITH THE APPROVAL OF THE SECRETARY OF WAR, AS AUTHORIZED BY SECTION 18 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT. 752. WHILE SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942, 56 STAT. 359, AUTHORIZES PAY OF THE SECOND PERIOD FOR CONTRACT SURGEONS SERVING TIME AND RENTAL AND SUBSISTENCE ALLOWANCES APPLICABLE TO THAT PAY PERIOD SUCH CONTRACT SURGEONS NEITHER EXPRESSLY NOR IMPLIEDLY COME WITHIN THE SPECIFIC PROVISIONS OF THE ACT OF DECEMBER 4, 1942. MOREOVER, THE LEGISLATIVE HISTORY OF THE ACT OF DECEMBER 4, 1942, SHOWS CLEARLY THAT THE UNIFORM ALLOWANCES THEREIN GRANTED ARE RESTRICTED TO COMMISSIONED OFFICERS AND WARRANT OFFICERS OF THE ARMY OF THE UNITED STATES. THE TITLE OF THE ACT LIKEWISE INDICATES THAT THE ALLOWANCES ARE SO RESTRICTED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.