B-124687, OCT. 4, 1955

B-124687: Oct 4, 1955

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WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $148 SPENT FOR CIVILIAN CLOTHING ON THE BASIS THAT THE WEARING OF CIVILIAN CLOTHES WAS REQUIRED OF YOU IN THE PERFORMANCE OF TEMPORARY DUTY UNDER ORDERS OF THE ADJUTANT GENERAL. THAT PERIOD WAS INCREASED TO 150 DAYS BY AMENDING ORDERS. WERE ISSUED BY THE ADJUTANT GENERAL PROVIDING THAT YOUR ORDERS OF JULY 6. WERE FURTHER AMENDED TO PRESCRIBE THE WEARING OF CIVILIAN CLOTHING AND AUTHORIZE ITS PURCHASE AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SPECIAL REGULATIONS 32 150-15. OTHERWISE WERE SILENT AS TO THE NEED FOR CIVILIAN CLOTHES IN THE PERFORMANCE OF THE DUTY DIRECTED. YOU HAVE INDICATED THAT AT NO TIME PRIOR TO LEAVING OF OTHER THAN MILITARY CLOTHING WAS REQUIRED.

B-124687, OCT. 4, 1955

TO GEORGE J. CHAKURDA, SFC, U.S. ARMY:

YOUR LETTER OF JUNE 20, 1955, REQUESTS A REVIEW OF SETTLEMENT DATED DECEMBER 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $148 SPENT FOR CIVILIAN CLOTHING ON THE BASIS THAT THE WEARING OF CIVILIAN CLOTHES WAS REQUIRED OF YOU IN THE PERFORMANCE OF TEMPORARY DUTY UNDER ORDERS OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, DATED JULY 6, 1953, AS AMENDED.

THE ORDERS OF JULY 6, 1953, DIRECTED THAT YOU AND TWO OTHER ENLISTED MEN PROCEED TO SAIGON, VIET NAM, INDO-CHINA, FOR TEMPORARY DUTY OF APPROXIMATELY 90 DAYS' DURATION. THAT PERIOD WAS INCREASED TO 150 DAYS BY AMENDING ORDERS. SUBSEQUENT TO THE DUTY IN QUESTION ORDERS OF MARCH 22, 1954, WERE ISSUED BY THE ADJUTANT GENERAL PROVIDING THAT YOUR ORDERS OF JULY 6, 1953, WERE FURTHER AMENDED TO PRESCRIBE THE WEARING OF CIVILIAN CLOTHING AND AUTHORIZE ITS PURCHASE AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SPECIAL REGULATIONS 32 150-15. THE BASIC ORDERS OF JULY 6 PROVIDED THAT YOU SHOULD COMPLY WITH THE PROVISIONS OF SPECIAL REGULATIONS 600-225-10 (CONTAINING INSTRUCTION ON THE WEARING OF CIVILIAN CLOTHING WHEN TRAVELING THROUGH CERTAIN FOREIGN COUNTRIES), BUT OTHERWISE WERE SILENT AS TO THE NEED FOR CIVILIAN CLOTHES IN THE PERFORMANCE OF THE DUTY DIRECTED. YOU HAVE INDICATED THAT AT NO TIME PRIOR TO LEAVING OF OTHER THAN MILITARY CLOTHING WAS REQUIRED, AND THAT UPON ARRIVING AT THE OVERSEAS STATION LOCAL AUTHORITIES INFORMED YOU OF THAT REQUIREMENT, AT WHICH TIME YOU PROCEEDED TO PURCHASE ONLY THE MINIMUM AMOUNT OF CLOTHING ESTIMATED TO BE NECESSARY FOR THE DURATION OF THE ASSIGNMENT.

APPLICABLE REGULATIONS PRESCRIBING PROCEDURES FOR PAYMENT AND THE VALUE OF CIVILIAN CLOTHING ALLOWANCES AUTHORIZED FOR ENLISTED PERSONNEL ASSIGNED BY COMPETENT AUTHORITY TO WEAR CIVILIAN CLOTHING IN THE PERFORMANCE OF OFFICIAL DUTY ARE CONTAINED IN SPECIAL REGULATIONS 32 150-15, DATED SEPTEMBER 17, 1952. SUCH REGULATIONS, APPLICABLE TO ALL ENLISTED PERSONNEL EXCEPT THOSE ENGAGED IN DUTIES OF A CONFIDENTIAL OR CLASSIFIED NATURE, AUTHORIZE THE PURCHASE, WITHIN PRESCRIBED ALLOWANCES, OF CIVILIAN CLOTHING NECESSARY IN THE ACCOMPLISHMENT OF AN ASSIGNED DUTY, ITS PURCHASE TO BE MADE THROUGH A DULY APPOINTED PURCHASING AND CONTRACTING OFFICER, OR, IF SUCH OFFICER IS NOT AVAILABLE, BY PURCHASE BY THE INDIVIDUAL WHO MAY IN TURN BE REIMBURSED "UPON PRODUCING THE RECEIPTS OF SUCH PURCHASES.' THE REQUIREMENT FOR RECEIPTS IS, OF COURSE, TO ESTABLISH THAT THE CLOTHING WAS PURCHASED UNDER THE CIRCUMSTANCES ANTICIPATED BY THE REGULATIONS TO MEET THE REQUIREMENTS OF THE PARTICULAR DUTY ASSIGNMENT.

THE CITED REGULATIONS PRESUPPOSE AN ADVANCE AUTHORIZATION FOR THE WEARING OF CIVILIAN CLOTHING. IT IS RECOGNIZED, HOWEVER, THAT SITUATIONS MIGHT ARISE, THROUGH INADVERTENCE IN THE ISSUANCE OF THE ORDERS OR OTHERWISE, WERE SUCH ADVANCE AUTHORIZATION MIGHT NOT BE GIVEN BUT WHERE THE PROCUREMENT OF THE CLOTHING NEVERTHELESS WOULD BE REQUIRED. THAT SUCH A SITUATION EXISTS HERE IS SUGGESTED BY THE ISSUANCE OF THE AMENDING ORDERS OF MARCH 22, 1954. WHILE ABSENCE OF THE ANTICIPATED ADVANCE AUTHORIZATION IN SUCH CASES SHOULD NOT DEFEAT RIGHTS OTHERWISE ACCRUING UNDER THE REGULATIONS, EVIDENCE AS CONTEMPLATED IN THE REGULATIONS TO SUPPORT CLAIMS FOR REIMBURSEMENT FOR EXPENDITURES IS REQUIRED.

YOU INDICATE THAT THE CIVILIAN CLOTHES REQUIRED IN THE PERFORMANCE OF THE DUTY ASSIGNED UNDER THE ORDERS OF JULY 6, 1953, WERE PURCHASED AT A TOTAL COST OF $148. IT IS NOT SHOWN, HOWEVER, WHEN AND WHERE THEY WERE PURCHASED, AND CONSEQUENTLY IT CANNOT BE DETERMINED ON THE PRESENT RECORD WHETHER AND TO WHAT EXTENT THEY WERE PURCHASED TO MEET THE REQUIREMENTS OF YOUR DUTY ASSIGNMENT. THE RECEIPTS REQUIRED BY THE REGULATIONS WOULD HAVE SHOWN THAT INFORMATION. IN THE ABSENCE OF RECEIPTS AND IN THE ABSENCE OF OTHER EVIDENCE TO ESTABLISH TO WHAT EXTENT THE ACTUAL PURCHASE OF CLOTHING WAS REQUIRED BY YOU TO PERFORM THE DUTY ASSIGNED UNDER THE ORDERS OF JULY 6, 1953, THERE EXISTS NO BASIS UPON WHICH IT CAN BE DETERMINED TO WHAT EXTENT PAYMENT MAY BE MADE ON YOUR CLAIM. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF DECEMBER 27, 1954, MUST BE SUSTAINED. YOU ARE ADVISED, HOWEVER, THAT ANY ADDITIONAL EVIDENCE THAT YOU MAY WISH TO SUBMIT TO SUPPORT YOUR CLAIM WILL BE GIVEN CONSIDERATION.