A-5519, OCTOBER 21, 1924, 4 COMP. GEN. 393

A-5519: Oct 21, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE PAYMENT IS AUTHORIZED OF TUITION OF ARMY OFFICERS TAKING CORRESPONDENCE COURSES AT COLLEGES OR UNIVERSITIES WHILE REMAINING AT THEIR RESPECTIVE POSTS OF DUTY. 1924: I HAVE YOUR LETTER OF SEPTEMBER 29. PROVIDES: THE SECRETARY OF WAR IS HEREBY AUTHORIZED. AS SHALL BE BEST SUITED TO ENABLE SUCH OFFICERS TO ACQUIRE A KNOWLEDGE OF OR EXPERIENCE IN THE SPECIALTIES IN WHICH IT IS DEEMED NECESSARY THAT SUCH OFFICERS PERFECT THEMSELVES. THE PURPOSE IS TO EDUCATE THE OFFICER FOR THE PERFORMANCE OF HIS DUTIES BY SPECIAL INSTRUCTION. THE LAW REQUIRES NO SUCH STRICT CONSTRUCTION THAT ITS PRINCIPAL PURPOSE IS SACRIFICED IF THE PHYSICAL PRESENCE OF THE OFFICER AT THE COLLEGE OR UNIVERSITY IS IMPRACTICABLE.

A-5519, OCTOBER 21, 1924, 4 COMP. GEN. 393

TUITION OF ARMY OFFICERS UNDER SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 786, THE PAYMENT IS AUTHORIZED OF TUITION OF ARMY OFFICERS TAKING CORRESPONDENCE COURSES AT COLLEGES OR UNIVERSITIES WHILE REMAINING AT THEIR RESPECTIVE POSTS OF DUTY, PROVIDED THE TOTAL NUMBER OF OFFICERS DETAILED AS STUDENTS, ETC., DOES NOT EXCEED THE STATUTORY LIMITATION, AND THAT NO OTHER EXPENSE THAN THE COST OF TUITION SHALL BE CHARGEABLE TO PUBLIC FUNDS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, OCTOBER 21, 1924:

I HAVE YOUR LETTER OF SEPTEMBER 29, 1924, REQUESTING TO BE ADVISED AS TO WHETHER THE FUNDS APPLICABLE FOR THE PAYMENT OF TUITION OF AN OFFICER AT A SCHOOL UNDER THE NATIONAL DEFENSE ACT AS AMENDED, MAY ALSO BE APPLIED TO THE PAYMENT FOR A CORRESPONDENCE COURSE AT A COLLEGE OR UNIVERSITY, THE OFFICER, HOWEVER, REMAINING ON DUTY AT HIS POST.

SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 786, PROVIDES:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED, IN HIS DISCRETION, TO DETAIL NOT TO EXCEED 2 PERCENTUM OF THE COMMISSIONED OFFICERS OF THE REGULAR ARMY IN ANY FISCAL YEAR AS STUDENTS AT SUCH TECHNICAL, PROFESSIONAL, AND OTHER EDUCATIONAL INSTITUTIONS, OR AS STUDENTS, OBSERVERS, OR INVESTIGATORS AT SUCH INDUSTRIAL PLANTS, HOSPITALS AND OTHER PLACES, AS SHALL BE BEST SUITED TO ENABLE SUCH OFFICERS TO ACQUIRE A KNOWLEDGE OF OR EXPERIENCE IN THE SPECIALTIES IN WHICH IT IS DEEMED NECESSARY THAT SUCH OFFICERS PERFECT THEMSELVES. THE NUMBER OF OFFICERS SO DETAILED SHALL, AS FAR AS PRACTICABLE, BE DISTRIBUTED PROPORTIONATELY AMONG THE VARIOUS BRANCHES: PROVIDED, THAT NO EXPENSE SHALL BE INCURRED BY THE UNITED STATES IN ADDITION TO THE PAY AND ALLOWANCES OF THE OFFICERS SO DETAILED, EXCEPT FOR THE COST OF TUITION AT SUCH TECHNICAL, PROFESSIONAL, AND OTHER EDUCATIONAL INSTITUTIONS.

WHILE THE WORDING OF THE LAW SEEMS TO CONTEMPLATE THE PHYSICAL PRESENCE OF THE OFFICER AT THE COLLEGE OR UNIVERSITY, AS WELL AS AT INDUSTRIAL PLANTS, HOSPITALS, ETC., THE PURPOSE IS TO EDUCATE THE OFFICER FOR THE PERFORMANCE OF HIS DUTIES BY SPECIAL INSTRUCTION. THE LAW REQUIRES NO SUCH STRICT CONSTRUCTION THAT ITS PRINCIPAL PURPOSE IS SACRIFICED IF THE PHYSICAL PRESENCE OF THE OFFICER AT THE COLLEGE OR UNIVERSITY IS IMPRACTICABLE.

THE AUTHORITY OF THE LAW IS TO DETAIL THE OFFICERS TO INSTITUTIONS OF LEARNING, ETC., WITHOUT OTHER EXPENSE TO THE UNITED STATES THAN THE COST OF TUITION AT SUCH PLACE--- MEANING SUBSTANTIALLY THE OFFICERS SHALL NOT RECEIVE LIVING EXPENSES AT SUCH PLACES IN ADDITION TO THEIR OFFICERS' ALLOWANCES. IF THE SAME TUITION IN QUESTION CAN BE ACCOMPLISHED BY A COURSE IN CORRESPONDENCE FORM, INSTEAD OF CLASS TUITION, I AM CONSTRAINED TO THINK IT IS NOT TO BE OBJECTED TO, THE TOTAL NUMBER OF OFFICERS SO DETAILED BEING KEPT WITHIN THE LIMITS FIXED BY LAW.