B-100396, OCT. 16, 1961

B-100396: Oct 16, 1961

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AF 12017792: REFERENCE IS MADE TO YOUR RECENT LETTER RECEIVED HERE AUGUST 8. WHICH WAS PERFORMED BY YOU UNDER THESE ORDERS. BASED UPON THIS EVIDENCE YOU CLAIMED TEMPORARY DUTY CLOTHING ALLOWANCE IN THE AMOUNT OF $100 STATING THAT AN EARLIER CLAIM FOR THIS ALLOWANCE WAS NOT SUBMITTED BECAUSE YOU WERE UNAWARE THAT IT WAS AUTHORIZED AND UNCERTAIN AS TO THE APPROPRIATE PROCEDURES FOR REQUESTING PAYMENT AFTER YOUR ATTENTION WAS CALLED TO THE AUTHORIZATION. ALTHOUGH APPROVAL OF YOUR CLAIM WAS RECOMMENDED BY THE ADMINISTRATIVE OFFICER OF YOUR UNIT. PAYMENT WAS NOT RECOMMENDED BY HEADQUARTERS. COULD NOT HAVE BEEN PURCHASED IN COMPLIANCE WITH SPECIAL ORDERS NO. AS THE ORDERS UNDER WHICH TRAVEL WAS PERFORMED AFTER JULY 1.

B-100396, OCT. 16, 1961

TO JOSEPH GRAZIANO, AF 12017792:

REFERENCE IS MADE TO YOUR RECENT LETTER RECEIVED HERE AUGUST 8, 1961, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JULY 20, 1961, WHICH DISALLOWED YOUR CLAIM FOR CIVILIAN CLOTHING ALLOWANCE INCIDENT TO YOUR SERVICE ON TEMPORARY DUTY AS A MEMBER OF THE UNITED STATES AIR FORCE IN EUROPE.

SPECIAL ORDERS NO. W-1764, DATED JUNE 3, 1958, AUTHORIZING YOU TO PROCEED AT SUCH TIMES AS NECESSARY DURING THE PERIOD JULY 1, 1958, TO JUNE 30, 1959, FROM WIESBADEN, GERMANY, TO PLACES WITHIN THE USAFE AREA OF RESPONSIBILITY ON TEMPORARY DUTY TO COORDINATE TECHNICAL MATTERS AND, UPON COMPLETION OF EACH MISSION TO RETURN TO WIESBADEN, DIRECTED THE WEARING OF CIVILIAN CLOTHES. NO INFORMATION HAS BEEN FURNISHED AS TO THE TRAVEL, IF ANY, WHICH WAS PERFORMED BY YOU UNDER THESE ORDERS. SPECIAL ORDERS NO. WT -1773, DATED JUNE 23, 1959, PROVIDING FOR SIMILAR TRAVEL DUTY FOR THE PERIOD JULY 1, 1959, TO JUNE 30, 1960, AUTHORIZED THE WEARING OF CIVILIAN CLOTHING. SPECIAL ORDERS NO. WT-2281, DATED JULY 1, 1960, DIRECTING TRAVEL FROM WIESBADEN TO PARIS, FRANCE, FOR APPROXIMATELY 4 DAYS' TEMPORARY DUTY TO COORDINATE TECHNICAL MATTERS WITH THE OFFICE OF THE AIR ATTACHE, ALSO AUTHORIZED THE WEARING OF CIVILIAN CLOTHING.

IN YOUR LETTER DATED JANUARY 27, 1961, YOU STATED THAT YOU PERFORMED TEMPORARY DUTY UNDER THESE ORDERS ON FIVE OCCASIONS FROM SEPTEMBER 1959 TO JULY 1960. IN SUPPORT OF YOUR CLAIM, YOU SUBMITTED A CERTIFICATE BY THE STORE MANAGER OF THE AIR FORCE EXCHANGE WHERE YOU OBTAIN CIVILIAN CLOTHING CERTIFYING THAT ON OR ABOUT SEPTEMBER 1, 1959, YOU PURCHASED 3 SUITS AT A TOTAL COST OF $115.85. BASED UPON THIS EVIDENCE YOU CLAIMED TEMPORARY DUTY CLOTHING ALLOWANCE IN THE AMOUNT OF $100 STATING THAT AN EARLIER CLAIM FOR THIS ALLOWANCE WAS NOT SUBMITTED BECAUSE YOU WERE UNAWARE THAT IT WAS AUTHORIZED AND UNCERTAIN AS TO THE APPROPRIATE PROCEDURES FOR REQUESTING PAYMENT AFTER YOUR ATTENTION WAS CALLED TO THE AUTHORIZATION. ALTHOUGH APPROVAL OF YOUR CLAIM WAS RECOMMENDED BY THE ADMINISTRATIVE OFFICER OF YOUR UNIT, PAYMENT WAS NOT RECOMMENDED BY HEADQUARTERS, USAFE, FOR THE REASON THAT THE CLOTHING PURCHASED IN SEPTEMBER 1959, COULD NOT HAVE BEEN PURCHASED IN COMPLIANCE WITH SPECIAL ORDERS NO. W-1764 WHICH EXPIRED JUNE 30, 1959, AND, THEREFORE, PAYMENT WOULD NOT BE AUTHORIZED, AS THE ORDERS UNDER WHICH TRAVEL WAS PERFORMED AFTER JULY 1, 1959, DID NOT DIRECT THE WEARING OF CIVILIAN CLOTHING.

YOU NOW SAY THAT IT WAS THROUGH ADMINISTRATIVE OVERSIGHT THAT THE WORD "AUTHORIZED" RATHER THAN "DIRECTED" WAS USED IN SPECIAL ORDERS NO. WT- 1773, PURSUANT TO WHICH YOU INDICATE THE PURCHASE OF CIVILIAN CLOTHES WAS MADE AND YOU URGE THAT FAVORABLE CONSIDERATION SHOULD BE GIVEN YOUR CLAIM ON THE GROUND THAT THE TRAVEL AUTHORIZATION WAS "AMBIGUOUS--- INCOMPLETE, OR, THROUGH INADVERTENCE OR IGNORANCE LACKED PERTINENT INFORMATION TO AUTHORIZE PAYMENT OF CLOTHING ALLOWANCE.'

SECTION 505 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 305, PROVIDES THAT THE PRESIDENT MAY PRESCRIBE THE QUANTITY AND KIND OF CLOTHING WHICH SHALL BE FURNISHED ANNUALLY TO ENLISTED MEN OF THE ARMED FORCES AND HE MAY PRESCRIBE THE AMOUNT OF A CASH ALLOWANCE TO BE PAID TO SUCH ENLISTED MEN IN ANY CASE IN WHICH CLOTHING IS NOT SO FURNISHED TO THEM. DEPARTMENT OF DEFENSE DIRECTIVE 1338.5, JUNE 25, 1959, ISSUED PURSUANT TO THE AUTHORITY DELEGATED TO THE SECRETARY OF DEFENSE UNDER EXECUTIVE ORDER NO. 10113, DATED FEBRUARY 24, 1950, TO PRESCRIBE THE QUANTITY AND KIND OF CLOTHING TO BE PROVIDED ENLISTED PERSONNEL OF THE ARMED FORCES UNDER HIS JURISDICTION, OR A CASH ALLOWANCE IN LIEU THEREOF, PROVIDES THAT EACH OF THE ARMED FORCES WILL ISSUE APPROPRIATE INSTRUCTIONS IMPLEMENTING THE POLICIES AND REGULATIONS OF THE DIRECTIVE. THE POLICIES AND PROCEDURES OF THE AIR FORCE, IN REGARD TO CIVILIAN CLOTHING ALLOWANCES ARE CONTAINED IN PARAGRAPH 20607A, AIR FORCE MANUAL 177-105 AND AIR FORCE REGULATION 39 44. AMONG OTHER THINGS IT IS PROVIDED, GENERALLY, THAT AIRMEN ASSIGNED TO A TOUR OF TEMPORARY DUTY OF NOT MORE THAN 90 DAYS FOR WHICH WEARING OF CIVILIAN CLOTHING IS REQUIRED ARE ENTITLED TO A TEMPORARY DUTY CLOTHING ALLOWANCE OF NOT TO EXCEED $100 PAYABLE ONLY ONCE DURING A PERIOD OF 4 CONSECUTIVE YEARS OF CONTINUOUS ACTIVE DUTY. WHILE THE REGULATIONS DO NOT REQUIRE THAT THE WEARING OF CIVILIAN CLOTHING BE DIRECTED IN THE ORDER AUTHORIZING THE TRAVEL, IT IS PROVIDED THAT SPECIFIC ORDERS WILL BE PUBLISHED REFLECTING ENTITLEMENT TO THE ALLOWANCE.

THE REGULATIONS FURTHER PROVIDE THAT WHEN THE AIRMAN PURCHASES THE REQUIRED CLOTHING FROM COMMERCIAL SOURCES, THE VOUCHER PRESENTED FOR REIMBURSEMENT MUST BE SUPPORTED BY ORIGINAL SALES SLIPS OR STATEMENTS AND TWO COPIES OF THE ORDER ASSIGNING THE AIRMAN TO DUTY WHICH REQUIRES THE WEARING OF CIVILIAN CLOTHING, WHICH VOUCHER SHALL BE CERTIFIED BY THE AIRMAN'S COMMANDER AS FOLLOWS:

"I CERTIFY THE RECORDS OF ------------------------------------------,

NAME GRADE SERVICE NUMBER WHO HAS BEEN ORDERED TO PERFORM DUTY REQUIRING THE WEAR OF CIVILIAN CLOTHING, INDICATE HE IS ENTITLED TO A (TDY) (INITIAL) ALLOWANCE, AS PRESCRIBED IN AFR 39-44 OR AFR 67-71 NOT TO EXCEED

THE STATEMENT OF THE STORE MANAGER CERTIFIES CIVILIAN CLOTHING WAS PURCHASED BY YOU ON OR ABOUT SEPTEMBER 1, 1959. IF THE CLOTHES WERE PURCHASED FOR WEAR ON TEMPORARY OFFICIAL DUTY REQUIRING THE WEAR OF CIVILIAN CLOTHING, IT MUST BE DETERMINED THAT THE PURCHASE WAS MADE IN CONNECTION WITH THE TRAVEL DIRECTED BY SPECIAL ORDERS NO. WT-1773, DATED JUNE 23, 1959, WHICH ORDERS MERELY AUTHORIZED THE WEARING OF CIVILIAN CLOTHING, SINCE SPECIAL ORDERS NO. W-1764, DATED JUNE 3, 1958, DIRECTING THE WEARING OF CIVILIAN CLOTHING EXPIRED BEFORE THE CLOTHES WERE PURCHASED. THE ORDERS OF JUNE 23, 1959, ARE NEITHER AMBIGUOUS OR INCOMPLETE AND NO INFORMATION HAS BEEN FURNISHED FROM AN ADMINISTRATIVE SOURCE WHICH SHOWS THAT SUCH ORDERS DID NOT REFLECT THE INTENT OF THE ISSUING AUTHORITY AT THAT TIME. IN THE ABSENCE OF SPECIFIC PUBLISHED ORDERS REFLECTING YOUR ENTITLEMENT TO CIVILIAN CLOTHING ALLOWANCE OR OTHER APPROPRIATE EVIDENCE SHOWING THAT YOU WERE ORDERED TO PERFORM DUTY REQUIRING THE WEAR OF CIVILIAN CLOTHING, THERE IS NO AUTHORITY ON THE PRESENT RECORD FOR PAYMENT TO YOU OF THE TEMPORARY DUTY CLOTHING ALLOWANCE CLAIMED.