B-123071, JUL. 29, 1955

B-123071, JUL. 29, 1955

TO LIEUTENANT COLONEL MATTHEW SANTINO:

REFERENCE IS MADE TO YOUR COMMUNICATION OF JANUARY 26, 1955, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $200 PAID TO THE COLEGIO NUEVA GRANADA AT BOGOTA, COLOMBIA, AS MATRICULATION AND TUITION FEES FOR YOUR SON PETER JEFFREY SANTINO FOR THE SCHOOL YEAR COMMENCING IN SEPTEMBER 1953 AND ENDING IN JUNE 1954 WHILE YOU WERE ON DUTY WITH THE U.S. ARMY MISSION TO COLOMBIA.

YOU STATED IN THE PRESENTATION OF YOUR CLAIM THAT THE FEES INVOLVED WERE PAID BY YOU RATHER THAN BY THE GOVERNMENT BECAUSE OF AN ERRONEOUS IMPRESSION THAT THE KINDERGARTEN OF THE COLOMBIAN SCHOOLS WAS NOT ONE OF THE GRADES FOR WHICH SCHOOLING WAS AVAILABLE AT GOVERNMENT EXPENSE UNDER APPLICABLE REGULATIONS. IN THAT CONNECTION THERE WAS ATTACHED A CERTIFICATION OF THE PRINCIPAL OF THE SCHOOL AT BOGOTA TO THE EFFECT THAT UNDER THE GRADING SYSTEM IN COLOMBIA KINDERGARTEN TRAINING IS THE EQUIVALENT OF FIRST GRADE WORK IN THE UNITED STATES. ALSO, YOU REFER TO A LETTER OF THE DEPARTMENT OF THE ARMY DATED OCTOBER 12, 1953, ON THE SUBJECT "EXPENDITURE OF EDUCATION OF DEPENDENTS FUNDS," WHICH YOU STATE CONTAINS FINDINGS OF THE SECRETARY OF THE ARMY THAT DURING THE FISCAL YEAR 1954 THE SCHOOLS OF COLOMBIA WERE UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATION OF ELIGIBLE DEPENDENTS OF MILITARY PERSONNEL OF THE ARMY RESIDING IN THAT COUNTRY.

AUTHORITY FOR THE PAYMENT OF THE COST OF EDUCATION OF DEPENDENTS OF MILITARY PERSONNEL FOR THE FISCAL YEAR 1954 IS CONTAINED IN SECTION 614 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, 67 STAT. 351, IN PERTINENT PART AS FOLLOWS:

"APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE CURRENT FISCAL YEAR SHALL BE AVAILABLE, (A) EXCEPT AS AUTHORIZED BY THE ACT OF SEPTEMBER 30, 1950 (20 U.S.C. 236-244), FOR PRIMARY AND SECONDARY SCHOOLING FOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES, AS AUTHORIZED FOR THE NAVY BY SECTION 13 OF THE ACT OF AUGUST 2, 1946 (5 U.S.C. 421D) IN AMOUNTS NOT EXCEEDING AN AVERAGE OF $225 PER STUDENT, WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY, ARE UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS; * * *"

SECTION 13 OF THE ACT OF AUGUST 6, 1946, 60 STAT. 854, PROVIDES:

"THE SECRETARY OF THE NAVY MAY, OUT OF FUNDS SPECIFICALLY APPROPRIATED FOR THAT PURPOSE, CONTRIBUTE TO THE SUPPORT OF SCHOOLS IN LOCALITIES WHERE NAVAL ACTIVITIES ARE LOCATED IF HE FINDS THAT THE SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY ARE NOT ADEQUATE FOR THE WELFARE OF DEPENDENTS OF PERSONNEL OF THE NAVAL ESTABLISHMENT STATIONED AT THE ACTIVITY, AND MAY PROVIDE FOR THE TRANSPORTATION OF SUCH DEPENDENTS BETWEEN THE SCHOOLS AND THE ACTIVITIES WHEN SUCH SCHOOLS ARE NOT ACCESSIBLE TO SUCH DEPENDENTS BY REGULAR MEANS OF TRANSPORTATION.'

THESE PROVISIONS AUTHORIZE THE SECRETARY CONCERNED TO CONTRIBUTE TO THE SUPPORT OF SCHOOLS IN ANY LOCALITY WHERE A MILITARY OR NAVAL ACTIVITY IS SITUATED WHEN HE FINDS THAT THE SCHOOLS AVAILABLE IN THE LOCALITY ARE INADEQUATE FOR THE WELFARE OF THE DEPENDENTS OF THE SERVICE PERSONNEL STATIONED AT THAT ACTIVITY. THE PURPOSE OF THE LEGISLATION WAS TO SUPPLEMENT, WHEREVER NECESSARY, INADEQUATE LOCAL SCHOOLING FACILITIES SO THAT SERVICEMEN'S DEPENDENTS LIVING THERE MIGHT RECEIVE NORMAL EDUCATIONAL ADVANTAGES. TO ACCOMPLISH THAT PURPOSE, HOWEVER, IT CONTEMPLATES THAT ANY NECESSARY AGREEMENTS OR ARRANGEMENTS WITH LOCAL SCHOOLS IN THE PROGRAM SHALL BE MADE BY THE APPROPRIATE ADMINISTRATIVE OFFICERS AFTER A DETERMINATION OF INADEQUACIES OF THE LOCAL FACILITIES HAS BEEN MADE, AND THAT NECESSARY PAYMENTS TO THE SCHOOLS UNDER SUCH ARRANGEMENTS OR AGREEMENTS BE MADE BY FISCAL AGENTS OF THE GOVERNMENT. IT DOES NOT AUTHORIZE THE OBLIGATION OF APPROPRIATED FUNDS BY AN INDIVIDUAL BY PRIVATE AGREEMENT WITH A LOCAL SCHOOL TO RECEIVE INSTRUCTION FOR HIS DEPENDENT EVEN THOUGH PRECEDED BY A FINDING BY PROPER ADMINISTRATIVE AUTHORITY OF AN INADEQUACY OF THE PUBLIC SCHOOLS. 33 COMP. GEN. 399. NOTHING IS CONTAINED IN SPECIAL REGULATIONS 350-950-1 OR ARMY REGULATIONS 350 950, DATED NOVEMBER 28, 1952, WHICH AUTHORIZES OR APPEARS TO CONTEMPLATE AUTHORIZING SUCH PRIVATE AGREEMENTS. CONSEQUENTLY, THERE IS NO PROPER BASIS FOR REIMBURSING YOU FOR THE FUNDS PAID TO THE SCHOOLS IN BOGOTA FOR YOUR SON'S EDUCATION.