B-125373, JAN. 25, 1956

B-125373: Jan 25, 1956

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LEVENTHAL: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14. YOU WERE ORDERED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS AND DIRECTED TO REPORT. YOU WERE INFORMED THAT IT WAS ADVISABLE FOR YOU TO BRING SUFFICIENT MONEY TO PURCHASE UNIFORMS. THAT YOU WOULD BE REQUIRED TO HAVE COMPLETE UNIFORMS DURING THE PERIOD OF YOUR COURSE. A MEMORANDUM LISTING THE MINIMUM CLOTHING REQUIREMENTS WAS ENCLOSED WITH THE LETTER OF INSTRUCTIONS. UPON REPORTING FOR DUTY YOU WERE ADVISED IN WRITING THAT YOU WOULD NOT BE REQUIRED TO PURCHASE OR WEAR THE ARMY UNIFORM WHILE AT THAT STATION SINCE IT WAS ANTICIPATED THAT YOU WOULD BE CONSIDERED FOR IMMEDIATE TRANSFER TO THE NAVY OR AIR FORCE. IT APPEARS YOU WERE RELIEVED FROM ACTIVE DUTY IN THE UNITED STATES ARMY RESERVE ON DECEMBER 29.

B-125373, JAN. 25, 1956

TO MR. HARVEY R. LEVENTHAL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1955, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 27, 1955, WHICH DISALLOWED YOUR CLAIM FOR $26.73 INCIDENT TO YOUR ACTIVE DUTY AS AN OFFICER IN THE UNITED STATES ARMY RESERVE FOR THE PERIOD BEGINNING SEPTEMBER 3, 1953.

THE RECORDS SHOW THAT BY PARAGRAPH 6 OF SPECIAL ORDERS NO. 144, HEADQUARTERS FIRST ARMY, GOVERNORS ISLAND, NEW YORK 4, NEW YORK, DATED JULY 23, 1953, YOU WERE ORDERED TO ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS AND DIRECTED TO REPORT, NOT LATER THAN SEPTEMBER 9, 1953, TO STUDENT DETACHMENT, MEDICAL FIELD SERVICE SCHOOL, BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS. IN A LETTER OF INSTRUCTIONS FROM HEADQUARTERS, MEDICAL FIELD SERVICE SCHOOL, BROOKE ARMY MEDICAL CENTER, DATED JULY 30, 1953, YOU WERE INFORMED THAT IT WAS ADVISABLE FOR YOU TO BRING SUFFICIENT MONEY TO PURCHASE UNIFORMS; THAT YOU WOULD BE REQUIRED TO HAVE COMPLETE UNIFORMS DURING THE PERIOD OF YOUR COURSE; AND THAT UNIFORM CLOTHING MIGHT BE PURCHASED AT THE QUARTERMASTER SALES STORE, THE POST EXCHANGE, AND AT A NUMBER OF CIVILIAN STORES IN SAN ANTONIO. A MEMORANDUM LISTING THE MINIMUM CLOTHING REQUIREMENTS WAS ENCLOSED WITH THE LETTER OF INSTRUCTIONS. UPON REPORTING FOR DUTY YOU WERE ADVISED IN WRITING THAT YOU WOULD NOT BE REQUIRED TO PURCHASE OR WEAR THE ARMY UNIFORM WHILE AT THAT STATION SINCE IT WAS ANTICIPATED THAT YOU WOULD BE CONSIDERED FOR IMMEDIATE TRANSFER TO THE NAVY OR AIR FORCE. IT APPEARS YOU WERE RELIEVED FROM ACTIVE DUTY IN THE UNITED STATES ARMY RESERVE ON DECEMBER 29, 1953, FOR THE PURPOSE OF ACCEPTING A COMMISSION IN THE NAVAL RESERVE AND THAT UPON BEING COMMISSIONED IN THE NAVAL RESERVE YOU RECEIVED $200 FOR INITIAL UNIFORM ALLOWANCE AND $100 FOR ACTIVE DUTY UNIFORM ALLOWANCE AUTHORIZED BY SECTION 243 OF THE ARMED FORCES RESERVE ACT OF 1952.

YOU SAY THAT YOU PURCHASED UNIFORMS IN NEW YORK BEFORE YOU REPORTED FOR ACTIVE DUTY AT THE MEDICAL FIELD SERVICE SCHOOL AND PAID THE SUM OF $178.20 FOR THEM; THAT YOU RETURNED THE UNIFORMS TO THE RETAIL STORE WHERE THEY WERE PURCHASED, THAT STORE MAKING A DEDUCTION OF $26.73 (15 PERCENT OF THE PURCHASE PRICE) FOR ALTERATIONS TO RESTORE THE UNIFORMS TO THEIR ORIGINAL STATE; AND THAT YOU ARE NOT MAKING A CLAIM FOR ALTERATIONS BUT FOR EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OF ARMY UNIFORMS UPON YOUR TRANSFER FROM THE ARMY RESERVE TO THE NAVY RESERVE. YOU SAY, FURTHER, THAT "WE WERE SPECIFICALLY PROMISED" UPON AGREEING TO TRANSFER FROM THE ARMY RESERVE TO THE NAVAL RESERVE THAT BONA FIDE CLAIMS AS CONCERNED UNIFORMS WOULD BE PROMPTLY CONSIDERED. YOU INDICATE THAT SOME OF THE CLAIMS OF THAT KIND HAVE BEEN PAID--- BUT MENTION NO SPECIFIC CLAIMS--- AND THAT YOU SEE NO REASON WHY YOUR CLAIM SHOULD BE AN EXCEPTION.

SECTION 243 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 492, PROVIDES THAT AN OFFICER OF A RESERVE COMPONENT SHALL, UPON FIRST REPORTING FOR ACTIVE DUTY FOR A PERIOD IN EXCESS OF 90 DAYS, BE ENTITLED TO AN INITIAL SUM NOT TO EXCEED $200 AS REIMBURSEMENT FOR THE PURCHASE OF REQUIRED UNIFORMS AND EQUIPMENT, BUT SPECIFICALLY PROVIDES THAT--- OTHER CONDITIONS BEING MET--- ONLY DUTY REQUIRING THE WEARING OF THE UNIFORM SHALL BE COUNTED FOR THE PURPOSE OF THE SECTION. WHILE IT WAS PROBABLY CONSIDERED THAT THE AMOUNT SO PROVIDED APPROXIMATES THE COST OF UNIFORMS REQUIRED BY RESERVISTS ON ACTIVE DUTY, ITS PAYMENT IS AUTHORIZED AS A LUMP SUM AND IS NOT INTENDED AS REIMBURSEMENT OF THE COST ACTUALLY INCURRED BY AN INDIVIDUAL OFFICER FOR HIS REQUIRED CLOTHING. THE FACT THAT YOU PURCHASED THE CLOTHING BEFORE REPORTING TO THE SERVICE SCHOOL IS UNFORTUNATE. NEITHER THE LETTER OF JULY 30, 1953, NOR THE CLOTHING LIST ENCLOSED WITH THAT LETTER, HOWEVER, DIRECTED YOU TO PURCHASE SUCH CLOTHING BEFORE REPORTING TO THE SCHOOL, BUT MERELY ADVISED THAT YOU WOULD BE REQUIRED TO HAVE COMPLETE UNIFORMS DURING THE PERIOD OF THE COURSE AND THAT OFFICERS NOT HAVING SUCH CLOTHING WOULD PROCURE IT WITH THE "LEAST PRACTICABLE DELAY UPON ARRIVAL AT THIS SCHOOL.' YOU DID NOT QUALIFY FOR THE INITIAL UNIFORM ALLOWANCE AS YOU WERE NOT REQUIRED TO WEAR THE UNIFORM DURING THE PERIOD BEFORE TRANSFER TO THE NAVAL RESERVE AND THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF THE AMOUNT CLAIMED BY REASON OF THE CONDITIONS ALLEGED IN YOUR CLAIM.

YOU HAVE INDICATED THAT YOU WERE INFORMED BY THE DEPARTMENT OF THE ARMY THAT YOUR CLAIM WOULD RECEIVE FAVORABLE CONSIDERATION. WHILE ADMINISTRATIVE RECOMMENDATIONS AND DETERMINATIONS ARE GIVEN DUE CONSIDERATION IN THE SETTLEMENT OF CLAIMS HERE, YOU ARE ADVISED THAT, IN THE ABSENCE OF A STATUTE SO DECLARING, SUCH DETERMINATIONS AND RECOMMENDATIONS ARE NOT CONCLUSIVE. 13 COMP. GEN. 140; 20 ID. 573.