B-119347, DEC. 6, 1956

B-119347, DEC. 6, 1956

TO COMMANDING GENERAL, AIR FORCE FINANCE CENTER:

REFERENCE IS MADE TO LETTER OF AUGUST 3, 1956, SEDD-2, FROM YOUR CENTER, CONCERNING THE REPORTED INDEBTEDNESS OF MAJOR JIMMIE L. TETIRICK, AO 570 504, IN THE AMOUNT OF $56, REPRESENTING THE COST OF SPECTACLES FURNISHED HIM BY THE VETERANS ADMINISTRATION REGIONAL OFFICE AT WINSTON-SALEM, NORTH CAROLINA, ON APRIL 23, 1953. WITH SUCH LETTER THERE WAS ENCLOSED A COPY OF 1ST INDORSEMENT DATED JULY 6, 1956, SIGNED BY MAJOR TETIRICK, WITH COPIES OF PERTINENT CORRESPONDENCE, AND IT WAS STATED THAT COLLECTION ACTION WOULD BE SUSPENDED PENDING ADVICE FROM OUR OFFICE AS TO WHETHER OR NOT MAJOR TETIRICK IS LIABLE FOR PAYMENT OF THIS CLAIM.

MAJOR TETIRICK HAS STATED THAT SINCE THE INSTALLATION TO WHICH HE WAS ATTACHED WAS NOT SERVICED BY AN AIR FORCE BASE OR SUPPLIED BY A MEDICAL DEPOT, HE WAS FURNISHED AN AIR FORCE AUTHORIZATION ON FEBRUARY 4, 1953, TO OBTAIN MEDICAL AND DENTAL CARE FROM THE VETERANS ADMINISTRATION. APPLIED TO THE VETERANS ADMINISTRATION REGIONAL OFFICE AT WINSTON-SALEM FOR EYE REFRACTION AND A VETERANS ADMINISTRATION SURGEON ISSUED A PRESCRIPTION FOR AN ORTHO-FUSOR AND TWO PAIRS OF SPECTACLES. ON MARCH 25, 1953, THE DEPUTY AIR REGIONAL REPRESENTATIVE, PHILADELPHIA REGIONAL OFFICE, EASTERN AIR PROCUREMENT DISTRICT, REQUESTED THE VETERANS ADMINISTRATION AT WINSTON-SALEM TO FURNISH THE MEDICAL ATTENTION REQUIRED ON THE PRESCRIPTION. THE VETERANS ADMINISTRATION FURNISHED ONE PAIR OF REGULAR GLASSES IN CRUXITE TINT FOR DRESS WEAR, IN COMMENTATOR FRAMES, ONE PAIR OF SUNGLASSES IN REGULAR ROSE CALOBAR, IN MANSFIELD FRAMES, AND ONE NO. 2 BAUSCH AND LOMB ORTHO-FUSOR, AND A BILL FOR REIMBURSEMENT WAS SENT TO THE DEPARTMENT OF THE AIR FORCE. ON JULY 20, 1953, OLIN F. MCILNAY, BRIGADIER GENERAL, USAF (MC), DIRECTOR OF PLANS AND HOSPITALIZATION, OFFICE OF THE SURGEON GENERAL, RETURNED THE BILL FOR CANCELLATION, ADVISING THAT THE EXPENSE INVOLVED MUST BE BORNE BY MAJOR TETIRICK. LETTER OF THE SAME DATE HE ADVISED THE PHILADELPHIA REGIONAL OFFICE, EASTERN AIR PROCUREMENT DISTRICT, THAT THERE IS NO AUTHORITY FOR PROCUREMENT OF SPECTACLES OTHER THAN THROUGH NORMAL SUPPLY CHANNELS, THAT THE AUTHORIZATION TO OBTAIN THE GLASSES FROM THE VETERANS ADMINISTRATION WAS IN ERROR AND THAT MAJOR TETIRICK MUST ASSUME PERSONAL FINANCIAL RESPONSIBILITY FOR THE CHARGES. IN HIS LETTERS GENERAL MCILNAY REFERRED TO THE ARTICLES IN QUESTION AS "SPECIAL TYPE SUNGLASSES" AND "SUNGLASSES WITH SPECIAL FRAMES.'

IT IS MAJOR TETIRICK'S CONTENTION THAT THE CHARGE OF $56 IS ONE WHICH SHOULD BE PAID BY THE DEPARTMENT OF THE AIR FORCE AND IN SUPPORT OF SUCH CONTENTION HE REFERS TO PARAGRAPHS 17, 18 AND 19 OF AIR FORCE REGULATION NO. 160-53, RELATING TO MEDICAL AND DENTAL ATTENDANCE IN FACILITIES OF OTHER FEDERAL GOVERNMENT AGENCIES. HE DOES NOT REFER, HOWEVER, TO AIR FORCE REGULATION NO. 160-25, DATED MARCH 29, 1951, AS AMENDED BY CHANGE 1, NOVEMBER 1, 1951, WHICH WAS IN EFFECT DURING THE PERIOD INVOLVED, AND WHICH PROVIDED FOR THE ISSUE OF SPECTACLES AND OTHER DEVICES FOR CORRECTION OF OCULAR DEFECTS TO AIR FORCE PERSONNEL. THAT REGULATION PROVIDED IN PERTINENT PART AS FOLLOWS:

"3. REFRACTION OF EYES.--- THE EYES OF ALL MILITARY PERSONNEL WILL BE EXAMINED AS EARLY AS POSSIBLE DURING THE TRAINING PERIOD, AND SPECTACLES, WHEN INDICATED, WILL BE ORDERED IMMEDIATELY (EXCLUDING RESERVE COMPONENTS ON ACTIVE DUTY FOR TRAINING ONLY).

"C. WHEN REFRACTION IS NECESSARY IN CONNECTION WITH THE SUPPLY OF SPECTACLES AND WHEN MEDICAL TREATMENT FACILITIES OF THE DEPARTMENT OF DEFENSE ARE NOT AVAILABLE, REFRACTION WILL BE OBTAINED FROM MEDICAL TREATMENT FACILITIES OF OTHER FEDERAL AGENCIES UNDER THE TERMS AND CONDITIONS OUTLINED IN SR 40-505-12 OR AFR 160-53, WHICHEVER IS APPROPRIATE. WHEN THE ABOVE FACILITIES ARE NOT AVAILABLE, A CIVILIAN PHYSICIAN MAY BE EMPLOYED UNDER THE TERMS AND CONDITIONS OUTLINED IN SR 40 -505-11 OR AFR 160-53, WHICHEVER IS APPROPRIATE. SUCH REFRACTIONS WILL BE AT A REASONABLE RATE OF CHARGE AND WILL INCLUDE THE ADJUSTMENT AND FITTING OF SPECTACLES WHEN DELIVERED. ALL PRESCRIPTIONS, WHETHER OBTAINED FROM ARMY, AIR FORCE, OR NAVY INSTALLATIONS, FEDERAL AGENCIES, OR CIVILIAN PHYSICIANS, WILL BE ENTERED ON WD AGO FORM 8-145 (SPECTACLE ORDER FORM) AND FORWARDED TO MILITARY OPTICAL SHOP FOR FABRICATION OF SPECTACLES, EXCEPT IN CASES WHEN THE PATIENT IS SERVING IN AN OVERSEA AREA WHERE A MILITARY OPTICAL SHOP IS NOT AVAILABLE (PAR. 4A).

"4. ISSUE OF SPECTACLES.--- SPECTACLES ORDINARILY WILL BE SUPPLIED BY MILITARY BASE OPTICAL SHOPS WHICH SERVE DESIGNATED AREAS, ORDERS THEREFOR TO BE PREPARED ON WD AGO FORM 8-145.

"B. IF NO MILITARY OPTICAL SHOP IS AVAILABLE IN THE COMMAND, OR IF THE REQUIRED PRESCRIPTION CANNOT BE FABRICATED BY THE LOCAL SHOP, PRESCRIPTION ORDERS MAY BE SUBMITTED TO THE ST. LOUIS MEDICAL DEPOT, TWELFTH AND SPRUCE STREETS, ST. LOUIS 2, MISSOURI. ORDERS FOR SPECTACLES REQUIRED IN OVERSEA COMMANDS ARE EXEMPTED FROM THE PROVISIONS OF TM 38-418, SR 725-10-2 FOR DEPARTMENT OF THE ARMY PROCEDURES AND PARAGRAPH 10 F, PART IV, AFM 67-1, FOR AIR FORCE PROCEDURES. THE PROVISIONS OF THIS SUBPARAGRAPH DO NOT APPLE TO SUPPLIES AND EQUIPMENT FOR OPTICAL FACILITIES MAINTAINED IN OVERSEA COMMANDS.

"C. IT IS THE RESPONSIBILITY OF THE SURGEON OF INSTALLATIONS TO--

(1) FORWARD DW AGO FORMS 8-145 AT THE END OF EACH DAY, TO THE DESIGNATED MILITARY BASE OPTICAL SHOP. THESE FORMS WILL NOT BE PERMITTED TO ACCUMULATE.

(2) FIT PROMPTLY AND DELIVER SPECTACLES WHEN RECEIVED FROM THE MILITARY OPTICAL SHOPS.

"6. BASIS OF ISSUE.--- SPECTACLES WILL BE ISSUED TO AUTHORIZED PERSONNEL IN ACCORDANCE WITH INSTRUCTIONS OUTLINED BELOW:

"B.* * * IT IS INTENDED THAT ALL PERSONNEL ENTITLED TO SPECTACLES UNDER THESE REGULATIONS SHALL POSSESS TWO SERVICEABLE PAIRS AT ALL TIMES; THE TYPE OF FRAMES WILL BE IN ACCORDANCE WITH PARAGRAPH 7. WHEN ORDERING SPECTACLES THE PRESCRIBING OFFICER WILL CONSIDER THE NUMBER OF PAIRS AND THE TYPE OF FRAME ALREADY IN THE POSSESSION OF THE INDIVIDUAL AND WILL REQUISITION THE TYPE OF FRAME AND ONLY THE NUMBER OF PAIRS SUFFICIENT TO MEET THE REQUIREMENTS STATED HEREIN. EACH ORDER WILL SPECIFY THE TYPE OF FRAME REQUIRED.

"D. TINTED, SHADED, AND SPECIALLY SHAPED LENSES ARE AUTHORIZED AT THE EXPENSE OF ARMY MEDICAL SERVICE FUNDS OR PERTINENT AIR FORCE FUNDS, AS APPROPRIATE, FOR MILITARY PERSONNEL ORDERED TO PARTICIPATE IN REGULAR OR FREQUENT AERIAL FLIGHTS. TO ASSURE ACCEPTABLE QUALITY ALL AIR FORCE REQUIREMENTS FOR THESE ITEMS WILL BE SUBMITTED TO THE ST. LOUIS MEDICAL DEPOT FOR PROCUREMENT.

"C. THE FOLLOWING TYPES OF SPECIAL LENSES, WHEN REQUIRED BY MILITARY PERSONNEL IN THE PERFORMANCE OF THEIR DUTIES, WILL NECESSITATE APPROVAL BEFORE THEY MAY BE OBTAINED, BUT IN NO INSTANCE WILL AUTHORITY BE GRANTED FOR SPECIAL LENSES FOR PERSONAL PREFERENCE PURPOSES:

(1) TINTED, SHADED, AND SPECIALLY SHAPED LENSES FOR PERSONNEL NOT FALLING UNDER THE SCOPE OF D ABOVE.

"7. SPECTACLE FRAMES.--- A. THE STANDARD ISSUE FRAME FOR ORDINARY WEAR WILL BE OF METAL TYPE.

"B. ZYLONITE FRAMES OF STANDARD DESIGN AND IN THE SAME SIZES AS STANDARD METAL FRAMES MAY BE PRESCRIBED AT THE DISCRETION OF THE MEDICAL OFFICER IN CHARGE. SUCH ZYLONITE FRAMES MAY BE OBTAINED IN THE SAME MANNER AS METAL FRAMES.

"C. PERSONNEL ENTITLED TO TWO PAIRS OF SPECTACLES UNDER 6B WILL BE ISSUED ONE ZYLONITE OR METAL FRAME AS ORDERED BY THE PRESCRIBING OFFICER; THE SECOND PAIR OF SPECTACLES WILL BE IN THE STANDARD METAL FRAME.

SINCE THE ARTICLES IN QUESTION WERE NOT PROCURED IN ACCORDANCE WITH THE APPLICABLE REGULATIONS, MAJOR TETIRICK SHOULD BE ADVISED THAT HE MUST ASSUME RESPONSIBILITY FOR PAYMENT OF THE CHARGES INVOLVED.