B-129140, OCT. 26, 1956

B-129140: Oct 26, 1956

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FISCHOFF: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20. WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $45.10 WHICH WAS COLLECTED FROM YOU FOR MEALS FURNISHED YOU WHILE YOU WERE ATTENDING THE RESERVE OFFICERS' TRAINING CORPS SUMMER CAMP AT FORT BLISS. YOU HAVE INDICATED THAT YOU ATTENDED THE CAMP UNDER THE PROVISIONS OF PARAGRAPH 18 OF ARMY REGULATIONS NO. 145-350. IT APPEARS TO BE YOUR BELIEF THAT AS YOU RECEIVED PAY WHILE ATTENDING THE CAMP YOU SHOULD NOT HAVE BEEN CHARGED FOR THE MEALS FURNISHED YOU. YOU SAY THAT BEFORE YOU LEFT FOR THE SUMMER CAMP YOU WERE INFORMED AT THE UNIVERSITY OF CINCINNATI THAT YOU WOULD NOT HAVE TO PAY FOR FOOD. AS FOLLOWS: "THE SECRETARY OF THE ARMY IS AUTHORIZED TO MAINTAIN CAMPS FOR THE FURTHER PRACTICAL INSTRUCTION OF THE MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS.

B-129140, OCT. 26, 1956

TO MR. ROBERT L. FISCHOFF:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 20, 1956, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 7, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $45.10 WHICH WAS COLLECTED FROM YOU FOR MEALS FURNISHED YOU WHILE YOU WERE ATTENDING THE RESERVE OFFICERS' TRAINING CORPS SUMMER CAMP AT FORT BLISS, TEXAS, IN JUNE AND JULY 1954.

YOU HAVE INDICATED THAT YOU ATTENDED THE CAMP UNDER THE PROVISIONS OF PARAGRAPH 18 OF ARMY REGULATIONS NO. 145-350, BUT IT APPEARS TO BE YOUR BELIEF THAT AS YOU RECEIVED PAY WHILE ATTENDING THE CAMP YOU SHOULD NOT HAVE BEEN CHARGED FOR THE MEALS FURNISHED YOU. YOU SAY THAT BEFORE YOU LEFT FOR THE SUMMER CAMP YOU WERE INFORMED AT THE UNIVERSITY OF CINCINNATI THAT YOU WOULD NOT HAVE TO PAY FOR FOOD.

SECTION 47A OF THE NATIONAL DEFENSE ACT OF 1916, AS ADDED BY SECTION 34 OF THE ACT OF JUNE 4, 1920, 41 STAT. 778, 10 U.S.C. 441, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"THE SECRETARY OF THE ARMY IS AUTHORIZED TO MAINTAIN CAMPS FOR THE FURTHER PRACTICAL INSTRUCTION OF THE MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, NO SUCH CAMPS TO BE MAINTAINED FOR A LONGER PERIOD THAN SIX WEEKS IN ANY ONE YEAR, EXCEPT IN TIME OF ACTUAL OR THREATENED HOSTILITIES; TO TRANSPORT MEMBERS OF SUCH CORPS TO AND FROM SUCH CAMPS AT THE EXPENSE OF THE UNITED STATES SO FAR AS APPROPRIATIONS WILL PERMIT, TO SUBSIST THEM AT THE EXPENSE OF THE UNITED STATES WHILE TRAVELING TO AND FROM SUCH CAMPS AND WHILE REMAINING THEREIN SO FAR AS APPROPRIATIONS WILL PERMIT * * *.'

SECTION 47C OF THE NATIONAL DEFENSE ACT OF 1916, AS ADDED BY SECTION 34 OF THE ACT OF JUNE 4, 1920, 41 STAT. 778, 10 U.S.C. 443, PROVIDED AS FOLLOWS:

"MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, OR OTHER PERSONS AUTHORIZED BY THE SECRETARY OF THE ARMY TO ATTEND ADVANCED COURSE CAMPS, SHALL BE PAID FOR ATTENDANCE AT SUCH CAMPS AT THE RATE PRESCRIBED FOR SOLDIERS OF THE SEVENTH GRADE OF THE REGULAR ARMY (PAY GRADE E-1 WITH LESS THAN 4 MONTHS' SERVICE).'

PARAGRAPH 18 OF ARMY REGULATIONS NO. 145-350, OCTOBER 31, 1952, IN EFFECT DURING THE PERIOD INVOLVED, IS AS FOLLOWS:

"TRAINING OF STUDENTS INELIGIBLE FOR ENROLLMENT.--- A. WHEN DESIRED BY INSTITUTIONAL AUTHORITIES, MALE STUDENTS WHO FOR ANY REASON CANNOT BE ENROLLED IN THE ROTC MAY BE PERMITTED TO PURSUE THE ROTC COURSE WITHOUT EXPENSE TO THE GOVERNMENT. SUCH STUDENTS, IF SUBSEQUENTLY ENROLLED IN THE ROTC, MAY BE GRANTED CREDIT, APPLICABLE TOWARD ADVANCED STANDING, FOR THAT PORTION OF THE COURSE SUCCESSFULLY COMPLETED WHILE IN ATTENDANCE UNDER THE PROVISIONS OF THIS PARAGRAPH.

,B. SUCH STUDENTS WILL BE REPORTED SEPARATELY UNDER "REMARKS" IN ENROLLMENT REPORTS, AND WILL NOT BE CHARGED AGAINST THE ENROLLMENT ALLOTMENT. THEY WILL NOT RECEIVE MONETARY ALLOWANCES OR BE ISSUED GOVERNMENT UNIFORMS OR COMMUTATION THEREFOR, BUT MAY USE THE ARMS AND EQUIPMENT ISSUED TO THE INSTITUTION.

"C. A STUDENT MAY BE COMMISSIONED IN THE ORGANIZED RESERVE CORPS IF THE OBSTRUCTION WHICH PREVENTED THE STUDENT FROM FORMALLY ENROLLING IN THE ROTC COURSE IS REMOVED AND IF HE IS---

(1) PHYSICALLY AND OTHERWISE QUALIFIED.

(2) RECOMMENDED BY THE PROFESSOR OF MILITARY SCIENCE AND TACTICS.

(3) APPROVED BY THE INSTITUTIONAL AUTHORITIES.'

PARAGRAPH 6C (5) OF ARMY REGULATIONS NO. 145-30, APRIL 13, 1951, PROVIDED:

"STUDENTS PURSUING THE ROTC COURSE UNDER PARAGRAPH 18, AR 145-350, MAY BE AUTHORIZED BY CONTINENTAL ARMY OR OVERSEA COMMANDERS TO ATTEND AN ROTC CAMP WITHOUT EXPENSE TO THE GOVERNMENT OTHER THAN PAYMENT FOR ATTENDANCE AS AUTHORIZED BY SECTION 47C, NATIONAL DEFENSE ACT (PAR. 1B). THE CONDITIONS OF ATTENDANCE WILL BE EXPLAINED TO EACH STUDENT AND HE WILL BE REQUIRED TO SIGN A WAIVER OF CLAIM AGAINST THE UNITED STATES FOR ANY ALLOWANCE WHATSOEVER BASED ON SUCH ATTENDANCE, EXCEPT FOR PAYMENT UNDER SECTION 47C, NATIONAL DEFENSE ACT, AS AMENDED.'

FROM THE FOREGOING IT WILL BE SEEN THAT THE SECRETARY OF THE ARMY WAS AUTHORIZED TO MAINTAIN CAMPS FOR A PERIOD NOT TO EXCEED SIX WEEKS IN ANY ONE YEAR FOR THE INSTRUCTION OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, TO TRANSPORT SUCH MEMBERS TO AND FROM THE CAMPS, AND TO SUBSIST THEM WHILE TRAVELING TO AND FROM THE CAMPS AND WHILE AT THE CAMPS. SECTION 47C PROVIDED THAT SUCH MEMBERS AND "OTHER PERSONS AUTHORIZED BY THE SECRETARY OF THE ARMY ATTEND ADVANCED COURSE CAMPS" SHOULD RECEIVE PAY FOR ATTENDANCE AT THE RATE PRESCRIBED. NO PROVISION WAS MADE, HOWEVER, FOR SUBSISTING SUCH "OTHER PERSONS" WHO WERE AUTHORIZED TO ATTEND. THEREFORE, SINCE PARAGRAPH 18, ARMY REGULATIONS 145-350, QUOTED ABOVE, UNDER WHICH YOUR ATTENDANCE WAS AUTHORIZED, PROVIDED THAT SUCH ATTENDANCE WOULD BE WITHOUT EXPENSE TO THE GOVERNMENT OTHER THAN THE PAY TO WHICH YOU WERE ENTITLED, THERE IS NO AUTHORITY OF LAW UNDER WHICH THE AMOUNT COLLECTED FROM YOU FOR SUBSISTENCE ..END :