B-149432, SEP. 11, 1962

B-149432, SEP. 11, 1962

TO SERGEANT WALTER J. PARSICK:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1962, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 30, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR FEES PAID COVERING SCHOOL TEXTBOOKS AND SUPPLIES USED WHILE ATTENDING MILWAUKEE SCHOOL OF ENGINEERING, MILWAUKEE, WISCONSIN, DURING THE 1961 SUMMER QUARTER.

IT APPEARS FROM THE RECORD THAT YOU HAD BEEN A STUDENT AT THE MILWAUKEE SCHOOL OF ENGINEERING STARTING WITH THE FALL TERM OF 1959 THROUGH THE SUMMER TERM OF 1961, UNDER THE PROVISIONS OF ARMY REGULATIONS 350-200 AND ARMY REGULATIONS 350-260. DURING THE SUMMER TERM OF 1961 YOU SUBMITTED A VOUCHER FOR REIMBURSEMENT OF $53.45 FOR BOOKS AND OTHER ITEMS YOU NEEDED IN CONNECTION WITH SUBJECTS YOU WERE TAKING, AS SET OUT IN PARAGRAPH 22, ARMY REGULATIONS 350-200. THAT PARAGRAPH PROVIDES, IN SUBSTANCE, THAT THE VOUCHER WILL BE SUBMITTED TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, FOR APPROVAL. BY LETTER OF AUGUST 22, 1961, THE ADJUTANT GENERAL RETURNED THE VOUCHER TO YOU WITHOUT APPROVAL WITH THE FOLLOWING EXPLANATION:

"THE COSTS OF TRAINING ARMY PERSONNEL AT CIVILIAN SCHOOLS ARE BUDGETED BY FISCAL YEARS. YOUR ENTIRE TRAINING AT THE MILWAUKEE SCHOOL OF ENGINEERING WAS PAID FROM FISCAL YEARS 1960 AND 1961 FUNDS. YOU WERE ALLOWED $100.00 FOR TEXTBOOKS AND SUPPLIES IN FISCAL YEAR 1960, WHICH BEGAN 1 JULY 1959 AND ENDED 30 JUNE 1960. THE SAME AMOUNT OF$100.00 WAS ALLOWED YOU IN FISCAL YEAR 1961, WHICH BEGAN 1 JULY 1960 AND ENDED 30 JUNE 1961. THE RECORDS IN THIS OFFICE SHOW THAT YOU HAVE BEEN REIMBURSED IN THE MAXIMUM AMOUNTS ALLOWED FOR TEXTBOOKS AND SUPPLIES DURING FISCAL YEARS 1960 AND 1961. THEREFORE, NO FURTHER REIMBURSEMENT FOR EXPENSES CAN BE AUTHORIZED FOR PAYMENT TO YOU.

"YOUR TUITION AND TEXTBOOKS AND EXPENDABLE SUPPLIES EXPENSE FOR THE 1959 FALL; 1959-60 WINTER; 1960 SPRING; AND 1960 SUMMER QUARTERS WERE PAID FROM FISCAL YEAR 1960 FUNDS. YOUR TUITION AND EXPENSE ALLOWANCE FOR THE 1960 FALL; 1960-61 WINTER; 1961 SPRING; AND 1961 SUMMER QUARTERS WERE PAID FROM FISCAL YEAR 1961 FUNDS. IN THE INTEREST OF UNIFORMITY IN THE PREPARATION AND EXECUTION OF CONTRACTS WITH THE VARIOUS SCHOOLS, SUMMER QUARTERS ARE CONSIDERED TO BE PART OF THE FISCAL YEAR IN WHICH THE IMMEDIATELY PREVIOUS QUARTER OCCURRED.'

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE SAME REASON AS STATED IN THE LETTER FROM THE ADJUTANT GENERAL.

IN YOUR LETTER OF JUNE 29, 1962, YOU SAY THAT A SIMILAR CLAIM WAS SUBMITTED TO OUR OFFICE BY A SERGEANT JAMES E. DIFFER, WHICH YOU STATE WAS APPROVED AND PAID BY THIS OFFICE. YOU STATE THAT IN VIEW OF THE CONTRADICTORY RULING IN IDENTICAL CASES, YOUR CLAIM SHOULD BE RECONSIDERED. HOWEVER, IN CONNECTION WITH YOUR STATEMENT RELATIVE TO A CLAIM FILED BY SERGEANT DIFFER, WE HAVE CONDUCTED A THOROUGH SEARCH IN THE FILES IN OUR OFFICE AND HAVE BEEN UNABLE TO LOCATE SUCH A CLAIM. ACCORDINGLY, WE ARE NOT IN A POSITION TO COMMENT ON THAT CLAIM.

THE PROVISIONS OF 10 U.S.C. 4301 AND 4302 PERTAINING TO THE TRAINING OF ARMY PERSONNEL AT CIVILIAN INSTITUTIONS AS STUDENTS ARE SUPPLEMENTED BY THE PROVISIONS OF ARMY REGULATIONS 350-200 AND 350 260. ARMY REGULATIONS 350-260 PERTAIN TO ARMY ENLISTED PERSONNEL AND MAKE THE POLICIES AND PROCEDURES ESTABLISHED BY ARMY REGULATIONS 350 200 APPLICABLE TO SUCH PERSONNEL. PARAGRAPH 18, SECTION V OF ARMY REGULATIONS 350-200 ESTABLISHES A UNIFORM METHOD WHEREBY ARMY PERSONNEL ENROLLED IN A CIVILIAN EDUCATION INSTITUTION MAY BE REIMBURSED FOR EXPENSES INCURRED AS A RESULT OF THE TRAINING UNDERGONE. PARAGRAPH 20 OF THE REGULATIONS LIMITS THE AMOUNT TO BE REIMBURSED TO AN INDIVIDUALAS EXPENSES TO A MAXIMUM OF $100 DURING A FISCAL YEAR IF THE INDIVIDUAL IS ATTENDING SCHOOL FOR MORE THAN SIX MONTHS DURING THAT FISCAL YEAR. PARAGRAPH 21 DESCRIBES SUCH REIMBURSABLE ITEMS, INCLUDING TEXTBOOKS AND REFERENCE BOOKS AND SCHOOL SUPPLIES AND MATERIAL WHICH CAN BE CLASSIFIED AS EXPENDABLE UNDER ARMY REGULATION 735-4. PARAGRAPH 22 PROVIDES THAT VOUCHERS FOR REIMBURSEMENT BE SUBMITTED TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, FOR APPROVAL PRIOR TO PAYMENT. APPROVED VOUCHERS WILL THEN BE FORWARDED FOR NECESSARY ACTION TO EFFECT REIMBURSEMENT.

SINCE IT IS THE POLICY OF THE DEPARTMENT OF THE ARMY, AS STATED ABOVE, TO CONSIDER SUMMER QUARTERS AS PART OF THE FISCAL YEAR IN WHICH THE IMMEDIATELY PREVIOUS QUARTER OCCURRED, AND SINCE YOU HAVE BEEN ALLOWED THE MAXIMUM AMOUNT ($100.00) FOR TEXTBOOKS AND SUPPLIES FOR THE FISCAL YEAR 1961, WHICH ENDED JUNE 30, 1961, AND WHICH INCLUDED THE SUMMER QUARTER OF 1961, THERE IS NO AUTHORITY FOR ALLOWING ANY FURTHER REIMBURSEMENT FOR EXPENSES INCURRED DURING THAT SUMMER TERM. ACCORDINGLY, THE SETTLEMENT OF APRIL 30, 1962, WAS CORRECT AND IS SUSTAINED.