B-49303, AUGUST 20, 1945, 25 COMP. GEN. 194

B-49303, AUGUST 20, 1945, 25 COMP. GEN. 194

UNIFORM ALLOWANCE - COAST GUARD RESERVE OFFICERS UNDER SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, AUTHORIZING AN ADDITIONAL UNIFORM ALLOWANCE OF $50 TO OFFICERS OF THE COAST GUARD RESERVE UPON COMPLETION OF EACH FOUR-YEAR PERIOD IN THE RESERVE, WITH A PROVISO THAT SUCH AMOUNT SHALL NOT BECOME DUE ANY OFFICER UNTIL "CALLED TO ACTIVE OR TRAINING DUTY AFTER EXPIRATION OF THE PREVIOUS FOUR-YEAR PERIOD," A RESERVE OFFICER WHO REPORTED FOR DUTY IMMEDIATELY AFTER APPOINTMENT AND WAS PAID THE INITIAL $250 WAR-TIME UNIFORM ALLOWANCE IS ENTITLED TO SUCH ADDITIONAL ALLOWANCE UPON CONTINUANCE OF ACTIVE DUTY AFTER COMPLETION OF FOUR YEARS' SERVICE. A COAST GUARD RESERVE OFFICER, WHO, SEVERAL MONTHS AFTER HIS ORIGINAL APPOINTMENT, REPORTED FOR ACTIVE DUTY IN TIME OF WAR, AT WHICH TIME HE WAS PAID THE INITIAL $250 WAR-TIME UNIFORM ALLOWANCE AUTHORIZED BY SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, BECOMES ENTITLED TO THE ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS--- AUTHORIZED BY SAID SECTION TO BE PAID "THEREAFTER" UPON COMPLETION OF EACH PERIOD OF FOUR YEARS IN THE RESERVE--- FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE PREVIOUS UNIFORM ALLOWANCE, RATHER THAN FOUR YEARS FROM DATE OF ENTERING THE RESERVE. AN ENLISTED MEMBER OF THE COAST GUARD RESERVE PAID A CASH CLOTHING ALLOWANCE PROVIDED FOR ENLISTED MEN WHEN HE REPORTED FOR ACTIVE DUTY, AND LATER, UPON APPOINTMENT AS AN OFFICER, PAID THE INITIAL $250 WAR TIME UNIFORM ALLOWANCE AUTHORIZED FOR COAST GUARD RESERVE OFFICERS BY SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, IS ENTITLED TO THE ADDITIONAL UNIFORM ALLOWANCE OF $50, AUTHORIZED BY THAT SECTION TO BE PAID "UPON COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE," FOUR YEARS FROM THE DATE OF ENTITLEMENT AS AN OFFICER TO THE PREVIOUS UNIFORM ALLOWANCE. IN THE CASE OF A NAVAL RESERVE OFFICER PAID $250 UNIFORM ALLOWANCE UNDER SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 AND SUBSEQUENTLY DISCHARGED TO ACCEPT A COMMISSION IN THE COAST GUARD RESERVE, THE ADDITIONAL UNIFORM ALLOWANCE OF $50 AUTHORIZED BY SECTION 210 OF THE ACT FEBRUARY 19, 1941, AS AMENDED, FOR COAST GUARD RESERVE OFFICERS UPON COMPLETION OF FOUR YEARS IN SUCH RESERVE IS PAYABLE UPON COMPLETION OF FOUR YEARS' COMMISSIONED RESERVE SERVICE, INCLUDING THAT IN BOTH THE NAVAL AND COAST GUARD RESERVE, COMPUTED FROM THE DATE HE BECAME ENTITLED TO THE INITIAL NAVAL RESERVE ALLOWANCE. COAST GUARD RESERVE ENLISTED PERSONNEL TEMPORARILY APPOINTED AS OFFICERS IN THE RESERVE UNDER THE AUTHORITY OF THE ACT OF JULY 24, 1941, AS AMENDED, ARE NOT ENTITLED TO UNIFORM ALLOWANCE UNDER SECTION 7 (B) OF SAID ACT, WHICH APPLIES ONLY TO OFFICERS IN THE REGULAR NAVAL SERVICES TEMPORARILY APPOINTED FROM ENLISTED STATUS FOR WHOM UNIFORM ALLOWANCES WERE NOT OTHERWISE PROVIDED BY LAW; INSTEAD, SUCH TEMPORARILY APPOINTED RESERVE OFFICERS ARE ENTITLED TO THE INITIAL AND ADDITIONAL UNIFORM ALLOWANCES PROVIDED BY SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED. UNDER SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, PROVIDING UNIFORM ALLOWANCES FOR COAST GUARD RESERVE OFFICERS, TEMPORARY RESERVE OFFICERS ENROLLED UNDER AUTHORITY OF SECTION 207 MAY BE PAID UNIFORM ALLOWANCES WHETHER THEY SERVE ON ACTIVE DUTY WITH OR WITHOUT PAY, NOTWITHSTANDING THE GENERAL PROVISIONS OF SAID SECTION 210 LIMITING THE RIGHT TO UNIFORM ALLOWANCES TO OFFICERS SERVING "WITH PAY; " AND THE CONDITIONS UNDER WHICH REGULAR RESERVE OFFICERS ARE ENTITLED TO A $50 ALLOWANCE EACH FOUR YEARS IN ADDITION TO AN INITIAL ALLOWANCE MAY BE ADMINISTRATIVELY PRESCRIBED AS THE BASIS FOR PAYING AN ADDITIONAL ALLOWANCE TO SUCH TEMPORARY OFFICERS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, AUGUST 20, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 21, 1945, REQUESTING A DECISION AS TO PAYMENT OF AN ADDITIONAL UNIFORM GRATUITY OF $50 TO COAST GUARD RESERVE OFFICERS IN THE CIRCUMSTANCES MENTIONED IN EACH OF THE SIX CASES SET FORTH IN PARAGRAPH 5 (A) TO (F) OF AN ENCLOSED COMMUNICATION FROM THE ACTING COMMANDANT OF THE COAST GUARD.

THE ACT OF FEBRUARY 19, 1941, 55 STAT. 9, REPEALED THE COAST GUARD RESERVE ACT OF 1939, 53 STAT. 854, AND ESTABLISHED A COAST GUARD AUXILIARY AND A NEW COAST GUARD RESERVE. SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS RESTATED BY SECTION 10 (5) OF THE ACT OF JULY 11, 1941, 55 STAT. 588, AND SUBSEQUENTLY AMENDED, IS CODIFIED AS 14 U.S.C., SUPP. IV, 310, AS FOLLOWS:

UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, A COMMISSIONED OR WARRANT OFFICER OF THE RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF THE REQUIRED UNIFORMS, AND THEREAFTER SUCH OFFICER SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE: PROVIDED, THAT THIS LATTER AMOUNT OF $50 SHALL NOT BECOME DUE ANY OFFICER UNTIL CALLED TO ACTIVE OR TRAINING DUTY AFTER THE EXPIRATION OF THE PREVIOUS FOUR-YEAR PERIOD: 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 RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY: PROVIDED FURTHER, THAT THE SECRETARY OF THE TREASURY SHALL PRESCRIBE REGULATIONS GOVERNING THE CONDITIONS AND REQUIREMENTS UNDER WHICH THIS ALLOWANCE SHALL BE PAYABLE TO TEMPORARY MEMBERS OF THE RESERVE: AND PROVIDED FURTHER, THAT NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, THE COMMANDANT MAY PRESCRIBE A LESSER AMOUNT AS A UNIFORM ALLOWANCE TO SUCH COMMISSIONED AND WARRANT OFFICERS OF THE RESERVE AS ARE NOT REQUIRED TO PURCHASE OR HAVE IN THEIR POSSESSION THE COMPLETE OUTFIT OF UNIFORM CLOTHING WHICH IS PRESCRIBED FOR OTHER COMMISSIONED AND WARRANT OFFICERS OF THE RESERVE. CADETS AND ENLISTED PERSONNEL OF THE RESERVE MAY BE ALLOWED THE COST OF, OR ISSUED SUCH ITEMS OF UNIFORMS, BEDDING, AND EQUIPMENT AS MAY BE PRESCRIBED BY THE COMMANDANT: PROVIDED FURTHER, THAT THE VALUE OF SUCH ALLOWANCES OR OF ITEMS SO ISSUED TO ANY PERSON DURING ANY THREE-YEAR PERIOD SHALL NOT EXCEED $100. AND PROVIDED FURTHER THAT NOTWITHSTANDING THE FOREGOING LIMITATION UPON FIRST REPORTING FOR ACTIVE DUTY, IN TIME OF WAR OR NATIONAL EMERGENCY, ENLISTED PERSONNEL OF THE RESERVE MAY BE ISSUED SUCH ADDITIONAL ARTICLES AS ARE REQUIRED TO GIVE THEM THE SAME OUTFIT AS IS AUTHORIZED FOR ENLISTED PERSONNEL OF THE REGULAR COAST GUARD UPON FIRST ENLISTMENT.

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 THEREAFTER HE SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON THE COMPLETION OF EACH PERIOD NOT LESS THAN FOUR YEARS IN THE NAVAL RESERVE: PROVIDED, THAT THIS LATTER AMOUNT OF $50 SHALL NOT BECOME DUE ANY OFFICER UNTIL HE HAS COMPLETED NOT LESS THAN ONE HUNDRED AND FIFTY DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTIES AND FIFTY-SIX DAYS' ACTIVE OR TRAINING DUTY, OR SEVENTY -FIVE DRILLS AND EIGHTY-FOUR DAYS' ACTIVE OR TRAINING DUTY, OR ONE HUNDRED TWELVE DAYS' ACTIVE OR TRAINING DUTY: PROVIDED FURTHER, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED A UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER OF THE ABOVE-MENTIONED SUMS UNTIL THE EXPIRATION OF FOUR YEARS FROM THE DATE OF THE RECEIPT OF THE LAST SUCH GRATUITY: PROVIDED FURTHER, THAT UNIFORMS FOR AVIATION CADETS SHALL BE PROVIDED AS HERETOFORE OR HEREAFTER AUTHORIZED BY LAW: 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.

A COMPARISON OF THE TWO SECTIONS SHOWS THAT SECTION 210 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, 55 STAT. 12, CONTAINS ESSENTIALLY THE SAME BASIC PROVISIONS AS SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, AND THE LEGISLATIVE HISTORY OF SECTION 210, AS SO RESTATED BY THE SAID ACT OF JULY 11, 1941, SHOWS THAT ITS PURPOSE WAS TO PUT COAST GUARD RESERVISTS GENERALLY ON THE SAME BASIS AS NAVAL RESERVISTS WITH RESPECT TO UNIFORM ALLOWANCES. SEE H.R. REPORT 527 (PAGE 11) AND SENATE REPORT 451 (PAGE 12), ON H.R. 4658, 77TH CONGRESS. IT FOLLOWS THAT THE PRINCIPLES OF PRIOR DECISIONS AS TO THE EFFECT AND OPERATION OF SIMILAR PROVISIONS IN SECTION 302 OF THE NAVAL RESERVE ACT ARE GENERALLY FOR APPLICATION IN THE DETERMINATION OF COMPARABLE QUESTIONS UNDER SECTION 210 OF THE COAST GUARD AUXILIARY AND RESERVE ACT.

THE QUESTIONS STATED BY THE ACTING COMMANDANT OF THE COAST GUARD ARE SEPARATELY QUOTED AND ANSWERED BELOW:

(A) A MEMBER OF THE COAST GUARD RESERVE WHO WAS ORIGINALLY APPOINTED AN OFFICER AND IMMEDIATELY REPORTED FOR ACTIVE DUTY IN TIME OF WAR AND WAS PAID $250 UNIFORM GRATUITY. IS THE OFFICER ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS IF UPON COMPLETION OF FOUR YEARS SERVICE HE CONTINUED ON ACTIVE DUTY?

SECTION 210 OF THE COAST GUARD ACT PROVIDES FOR THE PAYMENT OF A UNIFORM ALLOWANCE NOT EXCEEDING $100, PLUS AN ADDITIONAL SUM OF $150 IN TIME OF WAR OR NATIONAL EMERGENCY, TO AN OFFICER OF THE COAST GUARD RESERVE UPON FIRST REPORTING FOR ACTIVE DUTY, AND FOR THE PAYMENT OF AN ADDITIONAL SUM OF $50 UPON THE COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE, WITH A PROVISO THAT THE LATTER AMOUNT SHALL NOT BECOME DUE ANY OFFICER UNTIL CALLED TO ACTIVE OR TRAINING DUTY AFTER THE EXPIRATION OF THE PREVIOUS FOUR-YEAR PERIOD.

IN DECISION OF MAY 9, 1939, 18 COMP. GEN. 836, THERE WAS CONSIDERED THE EFFECT OF THE WORDS,"IN TIME OF PEACE, UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, AFTER ENACTMENT HEREOF * * * 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," APPEARING IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA. IT WAS HELD THAT SUCH LANGUAGE WAS NOT INTENDED TO PRECLUDE PAYMENT OF THE UNIFORM ALLOWANCE OF $100 TO AN OFFICER, OTHERWISE ENTITLED THERETO, WHO WAS ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THE ACT AND CONTINUED TO SERVE ON ACTIVE DUTY THEREAFTER. IT WAS SAID THAT SUCH LANGUAGE EVIDENTLY WAS DESIGNED TO LIMIT CLAIMS UNDER THE NEW LAW TO THOSE ACCRUING AS A RESULT OF SERVICE AFTER ITS EFFECTIVE DATE AND THAT SUCH RIGHT ACCRUED BY REASON OF THE OFFICER'S ACTIVE DUTY AFTER THE EFFECTIVE DATE OF THE ACT. FOLLOWING THE PRINCIPLES OF THAT DECISION IT WAS HELD IN DECISION OF JUNE 30, 1943, 22 COMP. GEN. 1141, THAT AN OFFICER OF THE COAST GUARD RESERVE WHO WAS ON ACTIVE DUTY ON JULY 11, 1941, WHEN THERE WAS FIRST ENACTED THE PROVISION FOR AN ADDITIONAL UNIFORM ALLOWANCE OF $150 TO SUCH OFFICERS ON FIRST REPORTING FOR ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY, WAS ENTITLED TO SUCH ALLOWANCE THE SAME AS RESERVISTS THEREAFTER REPORTING FOR ACTIVE DUTY, IT BEING POINTED OUT THAT THE PRINCIPLE APPLIED IN THE EARLIER DECISION WAS THAT ACTIVE SERVICE CONTINUED AFTER THE DATE OF THE ACT WAS EQUIVALENT TO ACTIVE SERVICE BEGUN AFTER THAT DATE, SO FAR AS THE RIGHT TO A UNIFORM ALLOWANCE NOT THERETOFORE AUTHORIZED WAS CONCERNED. WHILE THE SITUATION WITH RESPECT TO PAYMENT OF THE ADDITIONAL $50 ALLOWANCE HERE INVOLVED, AFTER THE EXPIRATION OF A FOUR-YEAR PERIOD, IS NOT WHOLLY ANALOGOUS, THE REASONING IN THE SAID TWO DECISIONS APPEARS EQUALLY FOR APPLICATION. IN OTHER WORDS, ACTIVE SERVICE OF AN OFFICER OF THE COAST GUARD RESERVE CONTINUED AFTER THE EXPIRATION OF THE REQUIRED FOUR-YEAR PERIOD REASONABLY IS TO BE REGARDED AS EQUIVALENT TO ACTIVE SERVICE BEGUN AFTER SUCH EXPIRATION, SO FAR AS THE RIGHT TO THE ADDITIONAL UNIFORM ALLOWANCE OF $50 IS CONCERNED, THE APPARENT PURPOSE OF THE STATUTE IN THAT RESPECT BEING TO PRECLUDE PAYMENT OF THE ADDITIONAL ALLOWANCE UNTIL AND UNLESS ACTIVE DUTY WAS REQUIRED AFTER THE EXPIRATION OF SUCH PERIOD.

ACCORDINGLY, QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE.

(B) A MEMBER OF THE COAST GUARD RESERVE WHO WAS ORIGINALLY APPOINTED AN OFFICER AND SEVERAL MONTHS THEREAFTER REPORTED FOR ACTIVE DUTY. ON DATE OF REPORTING FOR ACTIVE DUTY IN TIME OF WAR HE WAS PAID $250 UNIFORM GRATUITY. IS THE OFFICER ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS UPON COMPLETION OF FOUR YEARS SERVICE AS A MEMBER OF THE RESERVE OR DOES THE $50 UNIFORM GRATUITY BECOME PAYABLE FOUR YEARS FROM THE DATE OF ENTITLEMENT OF THE PREVIOUS UNIFORM GRATUITY, PROVIDED OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET?

THE STATUTE PROVIDES FOR PAYMENT OF AN INITIAL ALLOWANCE TO A COAST GUARD RESERVE OFFICER UPON FIRST REPORTING FOR ACTIVE DUTY, UNDER CERTAIN CONDITIONS, AND THEN PROVIDES THAT "THEREAFTER" SUCH OFFICER SHALL BE PAID AN ADDITIONAL SUM OF $50 "UPON COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE.' THE WORD "THEREAFTER" RELATES TO THE PERIOD AFTER MEETING THE CONDITIONS FOR THE INITIAL OR A SUBSEQUENT PAYMENT AND THE PHRASE "UPON COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE" EVIDENTLY MEANS NOT LESS THAN FOUR YEARS IN THE RESERVE "THEREAFTER," THAT IS, AFTER QUALIFYING FOR THE PRIOR PAYMENT. OTHERWISE, AN OFFICER WHO HAD BEEN IN THE RESERVE FOR ALMOST FOUR YEARS BEFORE FIRST REPORTING FOR ACTIVE DUTY AND BEING REQUIRED TO PROCURE UNIFORMS MIGHT BE PAID THE ADDITIONAL $50 ALLOWANCE ALMOST IMMEDIATELY AFTER THE INITIAL ALLOWANCE. I DO NOT BELIEVE THAT THE STATUTE WAS SO INTENDED. IT HAS BEEN HELD THAT THE DATE OF QUALIFICATION FOR PAYMENT OF THE INITIAL ALLOWANCE UNDER THE SIMILAR PROVISIONS OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, FIXES THE BEGINNING OF THE FOUR-YEAR PERIOD FOR THE $50 ADDITIONAL ALLOWANCE UNDER THAT SECTION. SEE DECISION OF THIS OFFICE DATED SEPTEMBER 23, 1940, B-11920. CF. DECISION OF MAY 1, 1936, A-73856, REACHING THE SAME CONCLUSION WITH RESPECT TO THE BEGINNING OF THE FOUR YEAR PERIOD UNDER THE SIMILAR PROVISIONS OF SECTION 12 OF THE NAVAL RESERVE ACT OF 1925, 43 STAT. 1083. ALSO, SEE ALNAV 14, JANUARY 19, 1945, CONTAINING CURRENT INSTRUCTIONS AS TO PAYMENT OF THE NAVAL RESERVE ADDITIONAL ALLOWANCE AND STATING THAT SUCH $50 UNIFORM GRATUITY BECOMES PAYABLE FOUR YEARS FROM DATE OF ENTITLEMENT TO THE $100 OR PREVIOUS $50 UNIFORM GRATUITY, PROVIDED THE OFFICER HAS BEEN A MEMBER OF THE RESERVE FOUR YEARS FROM DATE OF ENTITLEMENT AND OTHER CONDITIONS ARE MET. THERE APPEARS TO BE NO BASIS FOR A DIFFERENT RULE FOR THE COAST GUARD RESERVE IN THAT RESPECT THAN APPLIED TO THE NAVAL RESERVE UNDER SUBSTANTIALLY IDENTICAL STATUTORY PROVISIONS.

ACCORDINGLY, QUESTION (B) IS ANSWERED BY SAYING THAT THE OFFICER WOULD BE ENTITLED TO THE $50 ADDITIONAL UNIFORM ALLOWANCE FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE PREVIOUS UNIFORM ALLOWANCE, PROVIDED OTHER CONDITIONS OF THE STATUTE ARE MET.

(C) A MEMBER OF THE COAST GUARD RESERVE WHO WAS ORIGINALLY ENLISTED AND REPORTED FOR ACTIVE DUTY AND PAID A CASH CLOTHING ALLOWANCE PROVIDED FOR ENLISTED PERSONNEL, ON APPOINTMENT TO AN OFFICER IN TIME OF WAR WAS PAID $250 UNIFORM GRATUITY. IS THE OFFICER ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS ON COMPLETION OF FOUR YEARS SERVICE IN THE RESERVE (BOTH ENLISTED AND COMMISSIONED SERVICE), OR DOES THE $50 UNIFORM GRATUITY BECOME PAYABLE FOUR YEARS FROM DATE OF ENTITLEMENT TO THE PREVIOUS UNIFORM GRATUITY AS AN OFFICER PROVIDED OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET?

THE OFFICER WOULD BE ENTITLED TO THE $50 ADDITIONAL UNIFORM ALLOWANCE FOUR YEARS FROM THE DATE OF ENTITLEMENT AS AN OFFICER TO THE PREVIOUS UNIFORM ALLOWANCE, PROVIDED OTHER CONDITIONS OF THE STATUTE ARE MET. SEE THE ANSWER TO QUESTION (B).

(D) A MEMBER OF THE NAVAL RESERVE APPOINTED AN OFFICER AND PAID $250 UNIFORM GRATUITY ON REPORTING FOR ACTIVE DUTY IS SUBSEQUENTLY DISCHARGED FROM THE NAVAL RESERVE TO ACCEPT APPOINTMENT AS AN OFFICER IN THE COAST GUARD RESERVE. IS THE OFFICER ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS UPON COMPLETION OF FOUR YEARS SERVICE INCLUDING BOTH NAVAL RESERVE AND COAST GUARD SERVICE, IF OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET, OR DOES THE $50 UNIFORM GRATUITY BECOME PAYABLE AFTER COMPLETION OF FOUR YEARS SERVICE IN THE COAST GUARD RESERVE? SEE DECISION OF THE COMPTROLLER GENERAL, B-37635, DECEMBER 1, 1943. AS THE OFFICER MUST HAVE BEEN PAID THE $250 UNIFORM ALLOWANCE UPON REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE NAVAL RESERVE DURING THE PRESENT EMERGENCY HE WAS NOT ENTITLED TO A SIMILAR ALLOWANCE OF $250 UPON BEING DISCHARGED FROM THE NAVAL RESERVE AND THEREUPON REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE COAST GUARD RESERVE WHILE THE COAST GUARD WAS OPERATING AS A PART OF THE NAVY, SUCH INITIAL ALLOWANCE TO HIM AS AN OFFICER OF THE NAVAL RESERVE BEING REGARDED, UNDER SUCH CIRCUMSTANCES, AS THE EQUIVALENT OF THE INITIAL ALLOWANCE WHICH OTHERWISE WOULD HAVE ACCRUED TO HIM UPON FIRST REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE COAST GUARD RESERVE. SEE DECISION OF DECEMBER 1, 1943, B-37635, REFERRED TO IN THE QUESTION. SINCE THE INITIAL ALLOWANCE PAID TO HIM AS AN OFFICER OF THE NAVAL RESERVE IS REGARDED AS IN LIEU OF THE INITIAL ALLOWANCE TO WHICH HE OTHERWISE WOULD HAVE BEEN ENTITLED AS AN OFFICER OF THE COAST GUARD RESERVE, IT REASONABLY FOLLOWS THAT THE FORMER ALLOWANCE LIKEWISE IS TO BE REGARDED AS IN LIEU OF THE INITIAL COAST GUARD RESERVE ALLOWANCE IN DETERMINING THE BEGINNING OF THE FOUR-YEAR PERIOD WHICH MUST ELAPSE BEFORE ENTITLEMENT TO THE ADDITIONAL ALLOWANCE OF $50 GRANTED TO OFFICERS OF THE COAST GUARD RESERVE. ON THAT BASIS, QUESTION (D) IS ANSWERED BY SAYING THAT THE OFFICER WOULD BE ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS UPON COMPLETION OF FOUR YEARS COMMISSIONED RESERVE SERVICE, INCLUDING BOTH HIS NAVAL RESERVE AND COAST GUARD RESERVE SERVICE, COMPUTED FROM THE DATE HE BECAME ENTITLED TO THE INITIAL NAVAL RESERVE ALLOWANCE, IF OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET.

(E) A MEMBER OF THE COAST GUARD RESERVE TEMPORARILY APPOINTED AN OFFICER FROM ENLISTED STATUS IS PAID $250 IN ACCORDANCE WITH SECTION 7 (B) ACT OF JULY 24, 1941, 55 STAT. 604. IS THE OFFICER ENTITLED TO THE ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS AS PROVIDED BY SECTION 210, ACT OF FEBRUARY 19, 1941, AS AMENDED, UPON COMPLETION OF FOUR YEARS SERVICE IF CONTINUED ON ACTIVE DUTY IN HIS TEMPORARY RANK?

WHILE NOT SPECIFICALLY SO STATED, IT IS ASSUMED THAT THE PERSON INVOLVED WAS GIVEN A TEMPORARY APPOINTMENT AS AN OFFICER IN THE COAST GUARD RESERVE.

THE ACT OF JULY 24, 1941, 55 STAT. 603, AUTHORIZES, INTER ALIA, THE TEMPORARY APPOINTMENT OR ADVANCEMENT OF CERTAIN PERSONNEL OF THE NAVY AND MARINE CORPS. SECTION 2 (B) OF THE ACT, 55 STAT. 603. PROVIDES AS FOLLOWS:

(B) THE FOLLOWING PERSONNEL MAY BE TEMPORARILY APPOINTED TO RANKS OR GRADES IN THE REGULAR NAVY OR MARINE CORPS, NOT ABOVE LIEUTENANT IN THE NAVY AND CAPTAIN IN THE MARINE CORPS:

(1) COMMISSIONED WARRANT OFFICERS OF THE REGULAR NAVY AND MARINE CORPS.

(2) WARRANT OFFICERS OF THE REGULAR NAVY AND MARINE CORPS.

(3) FIRST-CLASS PETTY OFFICERS AND ABOVE IN THE REGULAR NAVY AND PLATOON OR STAFF SERGEANTS AND ABOVE IN THE REGULAR MARINE CORPS, INCLUDING ENLISTED MEN OF THOSE GRADES ON THE RETIRED LIST ON ACTIVE DUTY.

(4) ENLISTED MEN OF THE FLEET RESERVE AND THE FLEET MARINE CORPS RESERVE ON ACTIVE DUTY IN THE GRADES HEREIN SPECIFIED FOR ENLISTED MEN OF THE REGULAR NAVY OR MARINE CORPS.

SECTION 7 (B) OF THE ACT, 55 STAT. 604, PROVIDES:

ENLISTED MEN SHALL, UPON BEING INITIALLY APPOINTED AS PROVIDED BY SECTION 2 OF THIS ACT, BE PAID THE SUM OF $250 AS A UNIFORM GRATUITY.

SECTION 11 OF THE ACT, 55 STAT. 605, AS AMENDED BY SECTION 2 OF THE ACT OF APRIL 9, 1943, 57 STAT. 60, PROVIDES:

THE PROVISIONS OF THIS ACT, EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAME THERETO SHALL APPLY TO---

(A) PERSONNEL OF THE NAVAL RESERVE (EXCEPT THE FLEET RESERVE) AND THE MARINE CORPS RESERVE (EXCEPT THE FLEET MARINE CORPS RESERVE) IN LIKE MANNER AND TO THE SAME EXTENT AND WITH THE SAME RELATIVE CONDITIONS IN ALL RESPECTS AS ARE PROVIDED FOR PERSONNEL OF THE REGULAR NAVY AND MARINE CORPS, BUT THIS SHALL NOT BE CONSTRUED TO AUTHORIZE THE TEMPORARY APPOINTMENT OF THE PERSONNEL THEREOF TO RANKS OR GRADES IN THE REGULAR NAVY OR MARINE CORPS.

(B) PERSONNEL OF THE COAST GUARD IN RELATIONSHIP TO THE COAST GUARD IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY APPLY TO PERSONNEL OF THE NAVY IN RELATIONSHIP TO THE NAVY.

THE LEGISLATIVE HISTORY OF H.R. 4473, 77TH CONGRESS, WHICH BECAME THE SAID ACT OF JULY 24, 1941, SHOWS THAT THE PROVISION FOR A UNIFORM GRATUITY WAS INCLUDED IN THE BILL AS ORIGINALLY INTRODUCED WHEN IT PERTAINED ONLY TO THE REGULAR NAVY, THE REGULAR MARINE CORPS, THE FLEET RESERVE, AND THE FLEET MARINE CORPS RESERVE--- ORGANIZATIONS IN WHICH, UNDER EXISTING LAWS, OFFICERS RECEIVED NO UNIFORM ALLOWANCES; THAT THE PURPOSE OF SUCH UNIFORM GRATUITY PROVISION WAS TO GRANT TO ENLISTED MEN OF SUCH ORGANIZATIONS TEMPORARILY APPOINTED AS OFFICERS IN THE REGULAR NAVY OR REGULAR MARINE CORPS A UNIFORM ALLOWANCE COMPARABLE TO THAT PROVIDED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, FOR OFFICERS OF THE NAVAL RESERVE; AND THAT, APPARENTLY, NO CONSIDERATION WAS GIVEN TO THE MATTER OF UNIFORM GRATUITIES TO RESERVE PERSONNEL SUBSEQUENTLY BROUGHT BY ASSIMILATION WITHIN THE GENERAL PROVISIONS OF THE BILL BY WHAT IS NOW SECTION 11 OF THE ACT, AND FOR WHOM UNIFORM ALLOWANCES WERE ALREADY PROVIDED BY LAW. SECTION 7 (B) SPECIFICALLY APPLIES ONLY TO ENLISTED MEN TEMPORARILY APPOINTED UNDER SECTION 2 OF THE ACT AS OFFICERS IN THE REGULAR NAVY OR REGULAR MARINE CORPS AND THERE IS NO INDICATION THAT SUCH SPECIFIC PROVISIONS WERE INTENDED TO AUGMENT, OR TO BE A SUBSTITUTE FOR, EXISTING PROVISIONS FOR UNIFORM ALLOWANCES FOR RESERVE PERSONNEL BY REASON OF THE GENERAL ASSIMILATING PROVISIONS IN SECTION 11. INSTEAD, IT REASONABLY APPEARS THAT SECTION 7 (B) WAS INTENDED TO APPLY ONLY TO ENLISTED PERSONNEL APPOINTED UNDER SECTION 2- - PERSONNEL FOR WHOM UNIFORM ALLOWANCES, UPON APPOINTMENT FROM ENLISTED TO OFFICER STATUS, WERE NOT OTHERWISE PROVIDED BY LAW. ACCORDINGLY, QUESTION (E) IS ANSWERED BY SAYING THAT THE PERSON INVOLVED UPON BEING TEMPORARILY APPOINTED AN OFFICER IN THE COAST GUARD RESERVE AND REPORTING FOR ACTIVE DUTY, BECAME ENTITLED TO UNIFORM ALLOWANCES UNDER THE PROVISIONS OF SECTION 210 OF THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941, SUPRA, AND THAT HE WOULD BE ENTITLED TO THE ADDITIONAL ALLOWANCE OF $50, PROVIDED BY THAT SECTION, FOUR YEARS FROM THE DATE OF ENTITLEMENT TO THE INITIAL ALLOWANCE THEREUNDER, IF OTHER CONDITIONS OF THE STATUTE ARE MET. SEE THE ANSWERS TO QUESTIONS (B) AND (C), SUPRA.

(F) ARE SUBPARAGRAPHS (A), (B) AND (C) APPLICABLE TO TEMPORARY MEMBERS OF THE COAST GUARD RESERVE ENROLLED UNDER THE PROVISIONS OF SEC. 207, ACT OF FEBRUARY 19, 1941, 55 STAT. 12, AS AMENDED (14 U.S.C. SUPP. III, 307,) REGARDLESS OF WHETHER THEY PERFORM ACTIVE DUTY WITH OR WITHOUT PAY?

SECTION 207 OF THE ACT OF FEBRUARY 19, 1941, 55 STAT. 12, AS AMENDED, IS CODIFIED AS 14 U.S.C., SUPP. IV, 307, AS FOLLOWS:

THE COMMANDANT, WITH THE APPROVAL OF THE SECRETARY OF THE TREASURY OR OF THE SECRETARY OF THE NAVY, WHILE THE COAST GUARD IS OPERATING AS A PART OF THE NAVY, IS HEREBY AUTHORIZED TO ENROLL AS TEMPORARY MEMBERS OF THE RESERVE, FOR DUTY UNDER CONDITIONS AS HE MAY PRESCRIBE, INCLUDING BUT NOT LIMITED TO PART-TIME AND INTERMITTENT ACTIVE DUTY WITH OR WITHOUT PAY, AND WITHOUT REGARD TO AGE, MEMBERS OF THE AUXILIARY, SUCH OFFICERS AND MEMBERS OF THE CREW OF ANY MOTORBOAT OR YACHT PLACED AT THE DISPOSAL OF THE COAST GUARD, AND SUCH PERSONS (INCLUDING GOVERNMENT EMPLOYEES WITHOUT PAY OTHER THAN COMPENSATION OF THEIR CIVILIAN POSITIONS) WHO BY REASON OF THEIR SPECIAL TRAINING AND EXPERIENCE ARE DEEMED BY THE COMMANDANT TO BE QUALIFIED FOR SUCH DUTY, AS ARE CITIZENS OF THE UNITED STATES OR OF ITS TERRITORIES OR POSSESSIONS, INCLUDING THE PHILIPPINE ISLANDS, TO DEFINE THEIR POWERS AND DUTIES, AND TO CONFER UPON THEM, APPROPRIATE TO THEIR QUALIFICATIONS AND EXPERIENCE, THE SAME RANK, GRADES, AND RATINGS AS ARE PROVIDED FOR THE PERSONNEL OF THE REGULAR COAST GUARD RESERVE. WHEN PERFORMING ACTIVE DUTY WITH PAY, AS HEREIN AUTHORIZED, TEMPORARY MEMBERS OF THE RESERVE SHALL BE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF THEIR RESPECTIVE RANKS, GRADES, OR RATINGS, AS MAY BE AUTHORIZED FOR MEMBERS OF THE REGULAR COAST GUARD RESERVE. ( ITALICS SUPPLIED.)

SECTION 210 OF THE ACT, SUPRA, PROVIDES THAT UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY ,WITH PAY" AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, A COMMISSIONED OR WARRANT OFFICER OF THE RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS, AND THEREAFTER "SUCH OFFICER" SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE RESERVE, WITH THE PROVISO, INTER ALIA:

THAT THE SECRETARY OF THE TREASURY SHALL PRESCRIBE REGULATIONS GOVERNING THE CONDITIONS AND REQUIREMENTS UNDER WHICH THIS ALLOWANCE SHALL BE PAYABLE TO TEMPORARY MEMBERS OF THE RESERVE. * *

AT THE TIME SUCH PROVISIONS WERE ORIGINALLY ENACTED AS A PART OF SECTION 210 BY THE AMENDATORY ACT OF JULY 11, 1941, 55 STAT. 587, SECTION 207 DID NOT AUTHORIZE TEMPORARY MEMBERS OF THE RESERVE TO SERVE ON ACTIVE DUTY WITHOUT PAY. THAT WAS FIRST AUTHORIZED WHEN SECTION 207 WAS AMENDED AND REENACTED BY THE ACT OF JUNE 6, 1942, 56 STAT. 329, SECTION 1 (4). AT THE SAME TIME, SECTION 210 WAS AMENDED BY SECTION 1 (5), 56 STAT. 330, INCLUDING THEREIN THE FOLLOWING FURTHER PROVISO:

AND PROVIDED FURTHER, THAT NOTWITHSTANDING THE FOREGOING PROVISION OF THIS SECTION, THE COMMANDANT MAY PRESCRIBE A LESSER AMOUNT AS A UNIFORM ALLOWANCE TO SUCH COMMISSIONED AND WARRANT OFFICERS OF THE RESERVE AS ARE NOT REQUIRED TO PURCHASE OR HAVE IN THEIR POSSESSION THE COMPLETE OUTFIT OF UNIFORM CLOTHING WHICH IS PRESCRIBED FOR OTHER COMMISSIONED AND WARRANT OFFICERS OF THE RESERVE.

THE LEGISLATIVE HISTORY OF THE SAID ACT OF JUNE 6, 1942, CLEARLY SHOWS THAT THE PRIMARY PURPOSE OF INCLUDING SUCH FURTHER PROVISO IN SECTION 210 WAS TO PRECLUDE ANY QUESTION OF THE COMMANDANT'S AUTHORITY TO PRESCRIBE A LESSER UNIFORM ALLOWANCE FOR TEMPORARY RESERVE OFFICERS WHO MIGHT SERVE ON ACTIVE DUTY WITHOUT PAY UNDER THE AMENDED PROVISIONS OF SECTION 207. SEE THE REPORT OF THE SENATE COMMITTEE ON NAVAL AFFAIRS ON THE BILL, S. 2490, WHICH BECAME THE ACT OF JUNE 6, 1942, SENATE REPORT NO. 1317, MAY 7, 1942, IN PART AS FOLLOWS:

THIS SECTION AMENDS SECTION 210 OF THE ACT BY THE INSERTION OF A PROVISION WHICH WOULD AUTHORIZE THE COMMANDANT TO PRESCRIBE A LESSER UNIFORM ALLOWANCE TO SUCH COMMISSIONED AND WARRANT OFFICERS OF THE RESERVE AS ARE NOT REQUIRED TO POSSESS THE COMPLETE UNIFORM OUTFIT OF CLOTHING. THE UNIFORM ALLOWANCE OF RESERVE OFFICERS, WHO ARE ORDERED TO ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY, IS $250. THIS IS BASED UPON THE SECURING OF A COMPLETE OUTFIT. HOWEVER, THE PLAN WHICH CONTEMPLATES THE UTILIZATION OF A NUMBER OF TEMPORARY OFFICERS FOR SPECIAL PART-TIME DUTY WITHOUT PAY, INCLUDES THE PRESCRIBING OF A UNIFORM OUTFIT WHICH WILL NOT BE AS COSTLY AS THE COMPLETE OUTFIT OF A REGULAR OFFICER. THE AMENDMENT, WHICH WOULD ALSO RESULT IN A SAVING TO THE GOVERNMENT, IS DESIRABLE IN ORDER THAT THERE WILL BE NO QUESTION OF THE COMMANDANT'S AUTHORITY TO MAKE REIMBURSEMENT (IN AN AMOUNT LESS THAN $250) FOR THE REASONABLE EXPENSES THAT ARE INCURRED BY SUCH RESERVISTS. IN OTHER WORDS, A TEMPORARY RESERVE OFFICER WOULD BE PAID AN AMOUNT WHICH WOULD APPROXIMATE THE COST TO HIM OF SUCH UNIFORMS AS HE MIGHT BE REQUIRED TO POSSESS. * * *

A SIMILAR STATEMENT WAS MADE IN THE REPORT OF THE HOUSE COMMITTEE ON THE MERCHANT MARINE AND FISHERIES ON THE COMPANION BILL, H.R. 7006, IN THE HOUSE OF REPRESENTATIVES, H.R. REPORT NO. 2072, MAY 5, 1942, AND, IN ADDITION THERETO, THE LATTER REPORT QUOTED A LETTER DATED APRIL 25, 1942, FROM THE SECRETARY OF THE NAVY RESPECTING THE PROPOSED AMENDMENTS, IN PART, AS FOLLOWS:

THE PROPOSED AMENDMENT TO SECTION 207 IS FOR THE PURPOSE OF PERMITTING THE COAST GUARD TO UTILIZE THE SERVICES OF TEMPORARY MEMBERS OF THE RESERVE ON A PART-TIME BASIS, WITH OR WITHOUT COMPENSATION, FREE FROM THE PRESENT NECESSITY OF CONTINUOUS ENROLLMENT AND DISCHARGE COINCIDENT WITH EACH USE OF THE TEMPORARY RESERVIST'S VESSEL. IN MANY CASES IT WILL PERMIT ENROLLING RESERVE OFFICERS OF KNOWN ABILITY WHO, UNDER THE PRESENT RESTRICTIONS, ARE UNABLE TO ACCEPT COMMISSIONS IN THE COAST GUARD RESERVE AND WHOSE TEMPORARY SERVICES IN SUDDEN EMERGENCIES OF A LOCAL NATURE WILL BE INVALUABLE. IT ALSO ENLARGES THE FIELD FROM WHICH RESERVE OFFICERS CAN BE DRAWN BY RELAXING RESTRICTIONS ON MEMBERSHIP IN THE AUXILIARY, ON THE USE OF AUXILIARY VESSELS, AND ON THE CREWS THAT MAY MAN THESE VESSELS.

THE PURPOSE OF THE FIRST AMENDMENT TO SECTION 210 IS TO LIMIT THE UNIFORM ALLOWANCE PAID TO CERTAIN OFFICERS OF THE RESERVE WHO WILL NOT BE REQUIRED TO WEAR THE UNIFORM REGULARLY AND WHO, IT IS CONTEMPLATED, WILL NOT BE REQUIRED TO EQUIP THEMSELVES WITH COMPLETE OUTFITS OF UNIFORM CLOTHING DUE TO SUCH RESTRICTED DUTY. AT PRESENT THIS PROVISION HAS APPLICATION TO A PLAN TO UTILIZE THE SERVICES OF A NUMBER OF OFFICERS FOR SPECIAL PART-TIME DUTY WITHOUT PAY. * * *

IN VIEW OF SUCH STATEMENTS THERE APPEARS NO REASON TO DOUBT THAT THE STATUTE AS THUS AMENDED BY THE ACT OF JUNE 6, 1942, CONTEMPLATED AND INTENDED THAT TEMPORARY MEMBERS OF THE RESERVE REPORTING FOR ACTIVE DUTY WITHOUT PAY, AS WELL AS THOSE REPORTING FOR ACTIVE DUTY WITH PAY, WOULD BE PAID A UNIFORM ALLOWANCE, NOTWITHSTANDING THE LANGUAGE AT THE BEGINNING OF SECTION 210 AUTHORIZING THE ALLOWANCE FOR MEMBERS OF THE RESERVE GENERALLY UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY ,WITH PAY.' ACCORDINGLY, AND TAKING INTO CONSIDERATION THE OTHER PROVISO, SUPRA, THERETOFORE INCORPORATED IN SECTION 210, DIRECTING THE HEAD OF THE DEPARTMENT TO PRESCRIBE REGULATIONS GOVERNING THE CONDITIONS AND REQUIREMENTS UNDER WHICH THE CLOTHING ALLOWANCE "SHALL BE PAYABLE TO TEMPORARY MEMBERS OF THE RESERVE," WHICH APPARENTLY WAS REGARDED AS BROAD ENOUGH TO AUTHORIZE REGULATIONS COVERING SUCH TEMPORARY MEMBERS WHETHER CALLED TO ACTIVE DUTY WITH OR WITHOUT PAY, QUESTION (F) IS ANSWERED BY SAYING THAT THE ADDITIONAL ALLOWANCE OF $50, OR SUCH SMALLER AMOUNT AS MIGHT BE PRESCRIBED BY THE COMMANDANT, WOULD BE PAYABLE TO TEMPORARY MEMBERS OF THE RESERVE UNDER THE SAME GENERAL CONDITIONS AS THOSE INVOLVED IN THE ANSWERS TO QUESTIONS (A), (B) AND (C), WHETHER THEY PERFORM ACTIVE DUTY WITH OR WITHOUT PAY, PROVIDED THAT SUCH AN ALLOWANCE IS DULY PRESCRIBED BY REGULATIONS FOR TEMPORARY MEMBERS OF THE RESERVE UNDER THOSE CONDITIONS.