B-130037, FEB. 6, 1957

B-130037: Feb 6, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

JR.: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6. WHICH DISALLOWED YOUR CLAIM FOR A SPECIAL INITIAL CLOTHING MONETARY ALLOWANCE OF $300 FOR CIVILIAN CLOTHING WHICH YOU WERE REQUIRED TO WEAR DURING THE PERIOD NOVEMBER 22. YOU WERE DIRECTED TO REPORT TO THE OFFICER-IN-CHARGE. NO ADDITIONAL COST TO THE GOVERNMENT WAS AUTHORIZED IN THE EXECUTION OF THE ORDERS. THAT YOU WERE ASSIGNED DUTIES AS A SPECIAL INVESTIGATOR. THE CITED REGULATION PROVIDES FOR THE PAYMENT OF SUCH ALLOWANCES TO ENLISTED MEN UPON ASSIGNMENT TO DUTY IN WHICH THE WEARING OF CIVILIAN CLOTHING IS REQUIRED BY WRITTEN ORDER OF THE CHIEF OF NAVAL OPERATIONS. THAT RETROACTIVE PAYMENTS ARE NOT AUTHORIZED. WAS RECEIVED. AUTHORITY FOR YOUR TRANSFER TO THE FLEET RESERVE HAD BEEN RECEIVED BY YOUR COMMANDING OFFICER AND YOUR DETACHMENT FROM DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHING WAS IMMINENT.

B-130037, FEB. 6, 1957

TO MR. EDWARD PETERSON, JR.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6, 1956, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 31, 1956, WHICH DISALLOWED YOUR CLAIM FOR A SPECIAL INITIAL CLOTHING MONETARY ALLOWANCE OF $300 FOR CIVILIAN CLOTHING WHICH YOU WERE REQUIRED TO WEAR DURING THE PERIOD NOVEMBER 22, 1954, TO MAY 17, 1956, WHILE SERVING AS CHIEF HOSPITAL CORPSMAN, UNITED STATES NAVY.

BY ORDERS DATED NOVEMBER 22, 1954, YOU WERE DIRECTED TO REPORT TO THE OFFICER-IN-CHARGE, COMMANDER, NAVAL FORCES, FAR EAST UNIT, INTELLIGENCE OFFICE, IWAKUNI, JAPAN, FOR TEMPORARY ADDITIONAL DUTY. THE ORDERS STATED THAT THE UNIFORM WOULD BE AS PRESCRIBED BY THE OFFICER TO WHOM YOU REPORTED. THE ORDERS FURTHER STATED THAT EXCEPT FOR A BASIC ALLOWANCE FOR SUBSISTENCE, NO ADDITIONAL COST TO THE GOVERNMENT WAS AUTHORIZED IN THE EXECUTION OF THE ORDERS, AND THAT IN THE EVENT YOU DID NOT DESIRE TO BEAR ANY ADDITIONAL EXPENSE YOU WOULD CONSIDER THE ORDERS REVOKED. ORDERS DATED JANUARY 17, 1955, FURTHER ASSIGNING YOU TO SUCH DUTY CONTAINED SIMILAR PROVISIONS. YOU ENTERED UPON THE TEMPORARY ADDITIONAL DUTY UNDER THOSE CONDITIONS. ON MARCH 8, 1956, THE COMMANDING OFFICER, UNITED STATES NAVAL AIR STATION, IWAKUNI, JAPAN, REQUESTED THE CHIEF OF NAVAL PERSONAL TO GRANT YOU A SPECIAL INITIAL CLOTHING MONETARY ALLOWANCE OF $300, AND A MONTHLY CLOTHING MAINTENANCE ALLOWANCE OF $720 IN ACCORDANCE WITH THE PROVISIONS OF SECTION 044155, VOLUME 4, NAVY COMPTROLLER MANUAL, STATING THAT YOU JOINED THE INTELLIGENCE DEPARTMENT, COMMANDER, NAVAL AIR FORCES, FAR EAST, IN NOVEMBER 1954; THAT YOU WERE ASSIGNED DUTIES AS A SPECIAL INVESTIGATOR; THAT THOSE DUTIES NECESSITATED THE WEARING OF CIVILIAN CLOTHING (SUMMER AND WINTER) EXCLUSIVELY; THAT YOU HAD PURCHASED SUCH CLOTHING AT YOUR OWN EXPENSE, AND HAD SPENT IN EXCESS OF THE INITIAL ALLOWANCE.

THE CITED REGULATION PROVIDES FOR THE PAYMENT OF SUCH ALLOWANCES TO ENLISTED MEN UPON ASSIGNMENT TO DUTY IN WHICH THE WEARING OF CIVILIAN CLOTHING IS REQUIRED BY WRITTEN ORDER OF THE CHIEF OF NAVAL OPERATIONS. BY LETTER OF APRIL 18, 1956, THE CHIEF OF NAVAL OPERATIONS DELEGATED AUTHORITY TO THE COMMANDER, UNITED STATES NAVAL FORCES, FAR EAST, TO GRANT THE SPECIAL INITIAL CLOTHING ALLOWANCE AND MONTHLY CLOTHING MAINTENANCE ALLOWANCE TO PERSONNEL ASSIGNED DUTIES AS SPECIAL INVESTIGATORS IN UNIT INTELLIGENCE OFFICES AT YOKOSUKA, ATSUGI, IWAKUNI, AND SASEBO, JAPAN, PURSUANT TO THE REGULATIONS MENTIONED ABOVE. THE LETTER STATED THAT PAYMENT OF THE ALLOWANCES REQUIRED PRIOR OR CONTEMPORANEOUS AUTHORIZATION IN WRITING FROM THE CHIEF OF NAVAL OPERATIONS, AND THAT RETROACTIVE PAYMENTS ARE NOT AUTHORIZED. UPON RECEIPT OF THAT LETTER, THE COMMANDER, UNITED STATES NAVAL FORCES, FAR EAST, SPECIFICALLY CONSIDERED WHETHER THE ALLOWANCES SHOULD BE AUTHORIZED IN YOUR CASE. THAT OFFICIAL HAS REPORTED THAT WHEN THE LETTER OF APRIL 18, 1956, WAS RECEIVED, AUTHORITY FOR YOUR TRANSFER TO THE FLEET RESERVE HAD BEEN RECEIVED BY YOUR COMMANDING OFFICER AND YOUR DETACHMENT FROM DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHING WAS IMMINENT. IN VIEW OF THAT FACT AND IN CONSIDERATION OF THE RESTRICTION AGAINST RETROACTIVE PAYMENTS, THAT OFFICIAL CONSIDERED THAT PAYMENT OF THE SPECIAL INITIAL CLOTHING MONETARY ALLOWANCE WOULD BE CONTRARY TO THE INTENT OF THE AUTHORITY DELEGATED TO HIM BY THE CHIEF OF NAVAL OPERATIONS. THEREFORE, PAYMENT OF THE ALLOWANCE WAS NOT AUTHORIZED IN YOUR CASE.

THUS, IT SEEMS CLEAR THAT THE CLOTHING ALLOWANCES YOU CLAIM MAY BE PAID ONLY IF THE DUTY PERFORMED WAS AN ASSIGNMENT IN WHICH THE WEARING OF CIVILIAN CLOTHING WAS REQUIRED BY WRITTEN ORDER OF THE CHIEF OF NAVAL OPERATIONS, OR IF PAYMENT SPECIFICALLY WAS AUTHORIZED IN YOUR CASE FOLLOWING THE DELEGATION OF AUTHORITY BY THAT OFFICIAL TO THE COMMANDER, UNITED STATES NAVAL FORCES, FAR EAST. SINCE NEITHER OF THOSE CONDITIONS WERE MET IN YOUR CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. FURTHER, THE PAY RECORDS SHOW THAT YOU WERE CREDITED CURRENTLY DURING THE PERIOD INVOLVED WITH A MONTHLY CLOTHING ALLOWANCE OF $7.20. THEREFORE, THE SETTLEMENT OF OCTOBER 31, 1956, IS SUSTAINED.