B-132001, AUG. 6, 1957

B-132001: Aug 6, 1957

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MCCUSKER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 10. IT APPEARS THAT NO BILLETING AND MESSING FACILITIES WERE AVAILABLE AT BOSTON ARMY BASE AND YOU STATE THAT YOU "HAD TO BEAR THESE EXPENSES" YOURSELF. AUTHORITY FOR THE USE OF APPROPRIATED FUNDS TO CARRY OUT THE PURPOSES OF THE ACT WAS LIMITED TO THE FISCAL YEARS 1948 AND 1949. SIMILAR LEGISLATION WAS PROPOSED IN 1951 (S. 317 AND H.R. 1184. 82ND CONGRESS) WHICH WOULD HAVE AUTHORIZED THE USE OF APPLICABLE APPROPRIATIONS OF THE DEPARTMENT OF DEFENSE FOR TRAINING. SUCH PROPOSED LEGISLATION WAS NOT ENACTED INTO LAW BECAUSE OF OBJECTIONS ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE USE OF PUBLIC FUNDS FOR THAT PURPOSE. IT APPEARING THAT NO FUNDS WERE APPROPRIATED FOR THE TRAINING AND PARTICIPATION OF MILITARY PERSONNEL IN THE 1953 OLYMPIC GAMES.

B-132001, AUG. 6, 1957

TO MR. JOSEPH P. MCCUSKER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1957, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 11, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM WHILE PERFORMING DETACHED SERVICE AS A PRIVATE, ARMY OF THE UNITED STATES, AT BOSTON, MASSACHUSETTS, DURING THE PERIOD NOVEMBER 23, 1951, TO JANUARY 4, 1952.

LETTER ORDERS 11-1605 OF NOVEMBER 21, 1951, HEADQUARTERS, 9TH INFANTRY DIVISION, FORT DIX, NEW JERSEY, DIRECTED YOU TO PROCEED TO BOSTON ARMY BASE, BOSTON, MASSACHUSETTS, FOR BILLETING AND MESSING IN CONNECTION WITH DETACHED SERVICE WITH THE USA HOCKEY COMMITTEE FOR A PERIOD OF ABOUT 30 DAYS,"AT NO EXPENSE TO GOVT. ALL EXPENSES TO BE BORNE BY USA HOCKEY COMMITTEE.' IT APPEARS THAT NO BILLETING AND MESSING FACILITIES WERE AVAILABLE AT BOSTON ARMY BASE AND YOU STATE THAT YOU "HAD TO BEAR THESE EXPENSES" YOURSELF.

THE ACT OF JULY 1, 1947, 61 STAT. 243, AUTHORIZED THE SECRETARY OF WAR (NOW SECRETARY OF THE ARMY) TO DIRECT THE TRAINING AND ATTENDANCE OF ARMY PERSONNEL AS PARTICIPANTS IN THE SEVENTH WINTER SPORTS OLYMPIC GAMES AND THE FOURTEENTH OLYMPIC GAMES AND "FUTURE OLYMPIC GAMES.' AUTHORITY FOR THE USE OF APPROPRIATED FUNDS TO CARRY OUT THE PURPOSES OF THE ACT WAS LIMITED TO THE FISCAL YEARS 1948 AND 1949. SIMILAR LEGISLATION WAS PROPOSED IN 1951 (S. 317 AND H.R. 1184, 82ND CONGRESS) WHICH WOULD HAVE AUTHORIZED THE USE OF APPLICABLE APPROPRIATIONS OF THE DEPARTMENT OF DEFENSE FOR TRAINING, ATTENDANCE, AND PARTICIPATION BY MILITARY PERSONNEL IN OLYMPIC GAMES GENERALLY WITHOUT RESTRICTION AS TO FISCAL YEARS. SUCH PROPOSED LEGISLATION WAS NOT ENACTED INTO LAW BECAUSE OF OBJECTIONS ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE USE OF PUBLIC FUNDS FOR THAT PURPOSE.

IT APPEARING THAT NO FUNDS WERE APPROPRIATED FOR THE TRAINING AND PARTICIPATION OF MILITARY PERSONNEL IN THE 1953 OLYMPIC GAMES, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 11, 1957, IS SUSTAINED.