B-116127, APR 21, 1954

B-116127, APR 21, 1954

PRECIS-UNAVAILABLE

MAJOR W. B. VAUGHN, USAF, FINANCE OFFICER:

BY LETTER DATED JULY 7, 1953, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, FORWARDED TO THIS OFFICE YOUR LETTER OF MARCH 18, 1953, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED, AND IF SO, IN WHAT AMOUNT, ON SUPPLEMENTAL VOUCHER NO. 32212, ACCOUNTS OF W. B. VAUGH, MAJOR, USAF, TRANSMITTED THEREWITH, STATED IN FAVOR OF BROWN'S MEN'S SHOP, ALEXANDRIA, VIRGINIA, COVERING CERTAIN CIVILIAN CLOTHING FURNISHED DON P. ARGUIJO, STAFF SERGEANT, AF 1826 6305, USAF.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 114, DATED JUNE 26, 1952, HEADQUARTERS, 1025TH AIR BASE GROUP, HEADQUARTERS COMMAND, USAF, WASHINGTON NATIONAL AIRPORT, WASHINGTON D.C., STAFF SERGEANT DON F. ARGUIJO WAS RELEASED FROM DUTY AND ASSIGNMENT WITH THE 1025TH AIR BASE GROUP AT WASHINGTON NATIONAL AIRPORT, AND TRANSFERRED TO THE 1177TH USAF FOREIGN MISSION SQUADRON, JBUSMC, 1170TH USAF FOREIGN MISSIONS GROUP, FORT MYER, ARLINGTON, VIRGINIA, FOR DUTY WITH THE USAF SECTION, JOINT BRAZIL- UNITED STATES MILITARY COMMISSION, RIO DE JANEIRO, BRAZIL. THE ORDERS STATED THAT UNDER THE PROVISIONS OF AIR FORCE REGULATIONS 67-68, THE AIRMAN WAS AUTHORIZED TO PURCHASE CIVILIAN CLOTHING, SUMMER AND WINTER OUTFITS, IN THE AMOUNT OF $390, AND WAS AUTHORIZED TO CARRY AND WEAR CIVILIAN CLOTHING IN COMPLYING WITH THE ORDERS UPON ARRIVAL AT HIS OVERSEAS DESTINATION. THE AIRMAN WAS REQUIRED TO BE AVAILABLE ON OR AFTER SEPTEMBER 1, 1952, FOR PORT CALL BY THE PORT COMMANDER, NEW ORLEANS PORT OF EMBARKATION, FOR TRANSPORTATION TO DESTINATION.

ON JULY 1, 1952, THE COMMANDING OFFICER, SQUADRON HEADQUARTERS, 1025TH AIR BASE GROUP, CERTIFIED THAT--

"*** THE RECORDS OF DON F. ARGUIJO, STAFF SERGEANT, AF 18 266 305, WHO HAS BEEN ORDERED TO PERFORM DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHING INDICATE THAT HE IS ENTITLED TO AN INITIAL ALLOWANCE, AS PRESCRIBED IN AFR 67-68, NOT EXCEED $390.00."

PURSUANT TO THE ABOVE ORDERS, THE AIRMAN ORDERED CLOTHING FROM THE BROWN'S MEN'S SHOP, ALEXANDRIA, VIRGINIA, HAVING A LIST PRICE VALUE OF $458.45, BUT SUBJECT TO A 17 PERCENT TRADE DISCOUNT OF $77.94, MAKING THE PRICE OF THE CLOTHING $380.51. ON JULY 23, 1952, THE PURCHASING AND CONTRACTING OFFICE, 1025TH AIR BASE GROUP, WASHINGTON, D.C., ISSUED A "CONFIRMATORY" PURCHASE ORDER IN THE AMOUNT OF $380.51 TO THE BROWN'S MEN'S SHOP FOR THE ITEMS SELECTED BY STAFF SERGEANT ARGUIJO. THE ITEMS WERE DELIVERED AND BY CERTIFICATE DATED JULY 23, 1952, STAFF SERGEANT ARGUIJO ACKNOWLEDGED RECEIPT OF THE CLOTHING LISTED ON THE PURCHASE ORDER.

PARAGRAPH 5C AND 6A, AIR FORCE REGULATIONS 67-68, DATED JULY 30, 1951, IN EFFECT UPON THE ISSUANCE OF SPECIAL ORDERS NO. 114, PROVIDED IN PERTINENT PART AS FOLLOWS:

"5. AUTHORIZATION, TYPE, ENTITLEMENT, AND DETERMINATION OF REQUIREMENTS:

C. CONDITIONS OF ENTITLEMENT TO INITIAL ALLOWANCE. THE CIVILIAN CLOTHING ENTITLEMENT (WINTER AND/OR SUMMER), AS PRESCRIBED IN PARAGRAPH 6A, WILL DEPEND UPON THE CLIMATIC AREA WHERE THE AIRMAN IS TO BE STATIONED. AIRMEN ASSIGNED TO DUTIES WHICH REQUIRE THE WEARING OF CIVILIAN CLOTHING ARE ENTITLED TO AN INITIAL ALLOWANCE UNDER THE FOLLOWING CONDITIONS:

(1) UPON FIRST ASSIGNMENT TO A NORMAL TOUR OF PERMANENT DUTY WHEREIN THE WEARING OF CIVILIAN CLOTHING IS REQUIRED.

(2) UPON FIRST ASSIGNMENT TO TEMPORARY DUTY IN CONNECTION WITH THE MILITARY DEFENSE ASSISTANCE PROGRAM WHEREIN THE WEARING OF CIVILIAN CLOTHING IS REQUIRED. (AUTHORITY: PROGRAM FACTORS, MDAP TRAINING PROGRAMS, OFFICE FOR MILITARY ASSISTANCE, OFFICE, SECRETARY OF DEFENSE TO DEPARTMENT OF THE AIR FORCE.

"6. ALLOWANCES:

A. INITIAL ALLOWANCE. THE TOTAL INITIAL CIVILIAN CLOTHING ALLOWANCE PERMITTED TO AN AIRMAN WILL NOT EXCEED $420.00, AND WILL BE LIMITED TO THE AMOUNT SPECIFIED BELOW:

(1) OUTFIT OF OUTER CLOTHING, EITHER SUMMER OR WINTER-- $220.00.

(2) OUTFIT OF OUTER CLOTHING, BOTH SUMMER AND WINTER, WHEN NECESSARY, BECAUSE OF CLIMATIC CONDITIONS-- $390.00.

(3) OUTFIT OF CIVILIAN UNDERCLOTHING, WHEN NECESSARY AND PRESCRIBED- $30.00."

INFORMATION AND COMPLIANCE LETTER NO. 8-12, DATED JULY 2, 1952, ISSUED BY HEADQUARTERS COMMAND, USAF, BOLLING AIR FORCE BASE, WAS BASED ON HEADQUARTERS, USAF, MESSAGE DATED JUNE 27, 1952, AND PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"FROM AFMS-SS ALMAJCOM 188/52, FOL C TO AFR 67-68 DTD 30 JUL 51, AS AMND BY AFR 67-68A DTD 26 MAY 52, WILL BE EFF 1 JUL 52: *** /3/ BOTH SUMMER AND WINTER OUTFIT IS REDUCED FR $390 TO $300 *** /10/ C OUTLINED HEREIN ARE NOT RETRO AND DO NOT AFFECT AND ALW ACRD PRIOR TO 1 JUL 52, ADVISE ALL CONCERNED."

THE BROWN'S MEN'S SHOP PRESENTED AN INVOICE IN THE AMOUNT OF $380.51 FOR PAYMENT, BUT PAYMENT, ON BUREAU VOUCHER NO. 32212, FEBRUARY 1953 ACCOUNTS OF W. B. VAUGHN, MAJOR, USAF, WAS LIMITED TO $249, COMPUTED AS FOLLOWS:

"IN VIEW OF PURCHASE OF THE CLOTHING, SUBSEQUENT TO 1 JULY 1952, THE ALLOWANCE HAS BEEN REDUCED FROM $390.00 TO $300.00 BY AFMSS-SS ALMAJCOM 188/52. THE SPECIAL ORDER AUTHORIZING THE PURCHASE, QUOTES A 1953 FISCAL YEAR FUNDS.

"AMOUNT ALLOWED HEREIN IS $300.00. IN VIEW OF THE FACT THAT THE VENDOR OFFERS A 17 PERCENT DISCOUNT OF $51.00, THE TOTAL PAYMENT IS $249.00 AS SHOWN ON VOUCHER."

THE DISCOUNT OF 17 PERCENT ALLOWED BY THE BROWN'S MEN'S SHOP IN THE PRESENT CASE IS A "TRADE DISCOUNT" AND REPRESENTS THE DIFFERENCE BETWEEN THE LIST PRICE OF THE CLOTHING AND THE PRICE AT WHICH IT ACTUALLY SOLD THE CLOTHING. THE DISCOUNT HERE IS MERELY A METHOD OF DETERMINING THE PURCHASE PRICE IN ADVANCE OF THE ACTUAL SALE, AND DID NOT CONTEMPLATE A REFUND OR REBATE ON THE PURCHASE PRICE, AS WOULD BE THE CASE IF A "CASH DISCOUNT" WERE OFFERED FOR PROMPT PAYMENT. IN ANY EVENT THE CONFIRMATORY PURCHASE ORDER" ISSUED TO THE BROWN'S MEN'S SHOP CALLED FOR THE DELIVERY OF CERTAIN ITEMIZED CLOTHING AT THE PRICE OF $380.51.

THERE REMAINS ONLY THE QUESTION WHETHER THE BROWN'S MEN'S SHOP IS NOW ENTITLED TO THE AMOUNT OF $131.51, THE AMOUNT CLAIMED ON THE SUBMITTED SUPPLEMENTAL VOUCHER, REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT OF ITS INVOICE, $380.51, AND THE AMOUNT ALREADY PAID, $249, OR TO THE AMOUNT OF $51, REPRESENTING THE DIFFERENCE BETWEEN THE MAXIMUM AMOUNT, $300, ESTABLISHED BY REGULATIONS, EFFECTIVE JULY 1, 1952, AND THE AMOUNT OF $249, ALREADY PAID.

STAFF SERGEANT ARGUIJO BECAME ENTITLED TO AN INITIAL CIVILIAN CLOTHING ALLOWANCE UPON THE ISSUANCE TO HIM OF SPECIAL ORDERS NO. 114, DATED JUNE 26, 1952, AND HIS ALLOWANCE WAS FIXED AT $390, UNDER THE THEN CURRENT REGULATIONS: PARAGRAPHS 5C AND 6A OF AFR 67-68, DATED JULY 30, 1951, QUOTED ABOVE. PARAGRAPH 10 OF THE HEADQUARTERS, USAF, MESSAGE, DATED JUNE 27, 1952, SPECIFICALLY PROVIDES THAT THE CHANGES OUTLINED THEREIN WERE NOT RETROACTIVE AND DID NOT AFFECT ANY ALLOWANCES ACCRUED PRIOR TO JULY 1, 1952. SINCE STAFF SERGEANT ARGUIJO WAS ASSIGNED TO DUTY ENTITLING HIM TO WEAR CIVILIAN CLOTHING BY ORDERS WHICH WERE EFFECTIVE PRIOR TO JULY 1, 1952, HIS ENTITLEMENT TO A CIVILIAN CLOTHING ALLOWANCE IN AN AMOUNT NOT TO EXCEED $390 WAS NOT AFFECTED BY THE AMENDMENT TO THE AIR FORCE REGULATION.

AS TO YOUR OBSERVATION THAT SPECIAL ORDERS NO. 114, DIRECT THE USE OF FISCAL YEAR 1953 FUNDS ON ORDERS PUBLISHED IN FISCAL YEAR 1952, IT MAY BE POINTED OUT THAT THE ORDER MERELY CONSTITUTED AUTHORIZATION TO STAFF SERGEANT ARGUIJO TO INCUR THE OBLIGATION IN AN AMOUNT NOT TO EXCEED THE LIMITATION THEN SET FORTH IN THE REGULATIONS.

THE SUPPLEMENTAL VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID IN THE ABSENCE OF OTHER OBJECTION.