B-152257, SEP. 10, 1963

B-152257, SEP. 10, 1963

TO MASTER SERGEANT HEULETTE C. THOMAS, USA:

REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT OF $200 EXPENDED FOR CIVILIAN CLOTHING PURSUANT TO YOUR ASSIGNMENT TO THE MAAG, VIETNAM, IN MARCH 1962. YOUR CLAIM WAS TRANSMITTED HERE BY THE OFFICE OF THE JUDGE ADVOCATE GENERAL FOR CONSIDERATION AS A MERITORIOUS CLAIM, SINCE IT WAS CONSIDERED NOT COGNIZABLE UNDER ANY STATUTE OR REGULATION ADMINISTERED BY THE ARMY.

YOU STATE THAT UPON BEING ALERTED FOR ASSIGNMENT TO MAAG, VIETNAM, IN APRIL 1962, YOU WERE INFORMED BY THE PERSONNEL SECTION, XII U.S. ARMY CORPS, ATLANTA, GEORGIA, THAT YOU COULD PURCHASE $200 WORTH OF SUMMER CIVILIAN CLOTHING AND BE REIMBURSED FOR THE PURCHASE BY THE GOVERNMENT; THAT AFTER YOU PURCHASED THE CLOTHING, YOU WERE INFORMED BY THE PERSONNEL SECTION, AFTER RECEIPT OF THE WRITTEN ORDERS, THAT MAAG, VIETNAM, NO LONGER REQUIRED THE WEARING OF CIVILIAN CLOTHING; THAT UPON YOUR ARRIVAL IN VIETNAM, YOU WERE ASSIGNED DUTIES AS A MILITARY POLICE CRIMINAL INVESTIGATOR WHICH REQUIRED THE WEARING OF CIVILIAN CLOTHING IN THE PERFORMANCE OF YOUR DUTIES; THAT THE COMMAND HAD NO QUARTERMASTER LAUNDRY OR DRY CLEANING FACILITIES, AND THAT YOUR CLOTHING, BECAUSE OF THE USE OF LOCAL PRIMITIVE CLEANING FACILITIES,IS NO LONGER SERVICEABLE.

SECTION XIII OF AR 700-8400-1, CHANGE 8, DATED JULY 25, 1961, ENLISTED PERSONNEL CIVILIAN CLOTHING ALLOWANCE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"79. GENERAL. THIS SECTION PRESCRIBES ELIGIBILITY TO RECEIVE AND AUTHORITY TO APPROVE CIVILIAN CLOTHING ALLOWANCES, EXPLAINS THE DIFFERENT TYPES AND QUANTITIES OF ALLOWANCES, AND OUTLINES THE PROCEDURES TO BE FOLLOWED.

"80. APPLICATION. THESE REGULATIONS APPLY TO ALL U.S. ARMY MALE AND FEMALE ENLISTED PERSONNEL ON EXTENDED ACTIVE DUTY WITHIN AND OUTSIDE THE CONTINENTAL UNITED STATES WHO ARE REQUIRED TO WEAR CIVILIAN CLOTHING IN PERFORMANCE OF OFFICIAL DUTIES INCLUDING THOSE SERVING ON CONFIDENTIAL OR CLASSIFIED DUTIES * * *:

"82. WHO MAY RECEIVE ALLOWANCES. WHEN CIVILIAN CLOTHING IS REQUIRED IN THE PERFORMANCE OF OFFICIAL DUTY, THE FOLLOWING ENLISTED PERSONNEL MAY RECEIVE CIVILIAN CLOTHING ALLOWANCES SUBJECT TO PRIOR APPROVAL OF THE DEPUTY CHIEF OF STAFF OR PERSONNEL:

"F. ENLISTED PERSONNEL ASSIGNED TO MAAG ACTIVITIES WHEN DETERMINED NECESSARY BY THE CHIEF OF THE MAAG CONCERNED. SEE PARAGRAPH 20, AR 1 75.

"83. WHO MAY APPROVE ALLOWANCES. REQUESTS FOR AUTHORITY TO WEAR CIVILIAN CLOTHING IN PERFORMANCE OF OFFICIAL DUTY TO INCLUDE WEAR OF SUCH CLOTHING ON TEMPORARY DUTY FOR A PERIOD IN EXCESS OF 15 DAYS, WILL BE SUBMITTED THROUGH NORMAL CHANNELS AND THE INTERESTED STAFF AGENCY AT HEADQUARTERS, DEPARTMENT OF THE ARMY TO THE DEPUTY CHIEF OF STAFF FOR PERSONNEL FOR FINAL DEPARTMENT OF THE ARMY APPROVAL. THE BASIC REQUEST FOR AUTHORITY WILL SPECIFY THE MAXIMUM LIMITATION DESIRED CONSISTENT WITH PARAGRAPH 85.

"86. PROCEDURES. A. WHEN CIVILIAN CLOTHING IS OBTAINED. AN ENLISTED PERSON REQUIRED TO WEAR CIVILIAN CLOTHING IN THE PERFORMANCE OF OFFICIAL DUTIES NORMALLY WILL OBTAIN THE CLOTHING BEFORE HE REPORTS TO HIS NEW DUTY STATION OR ASSIGNMENT, DEPARTS ON TEMPORARY DUTY, OR DEPARTS FROM THE CONTINENTAL UNITED STATES, AS APPROPRIATE. IN EMERGENCIES, WHERE TIME PRECLUDES AN ENLISTED PERSON FROM OBTAINING THE REQUIRED CIVILIAN CLOTHING PRIOR TO HIS DEPARTURE OR REPORTING TO HIS NEW ASSIGNMENT, HE WILL BE FURNISHED A WRITTEN STATEMENT BY THE COMMANDER RESPONSIBLE FOR ISSUING THE ASSIGNMENT ORDERS. THE STATEMENT WILL CITE THE ORDERS REQUIRING THE WEAR OF CIVILIAN CLOTHING AND THE REASONS THE DESIGNATED INDIVIDUAL WAS PRECLUDED FROM OBTAINING THE REQUIRED CIVILIAN CLOTHING PRIOR TO HIS DEPARTURE AND REPORTING TO HIS NEW ASSIGNMENT. THIS STATEMENT WILL BE SUBMITTED BY THE DESIGNATED ENLISTED PERSON AT SUCH TIME AS HE APPLIES FOR THE APPROPRIATE CIVILIAN CLOTHING ALLOWANCE.

"D. METHOD OF PURCHASE.

(1) THE PURCHASING AND CONTRACTING OFFICER, UPON RECEIPT OF THREE COPIES OF THE ENLISTED PERSON'S ORDERS SUPPORTED BY THE CERTIFICATE PRESCRIBED IN C (1) ABOVE WILL EFFECT THE PURCHASES AND USE OF THE REQUIRED COMMERCIAL VOUCHER FORM. FOR EXAMPLE, DD FORM 1155 (ORDER FOR SUPPLIES OR SERVICES) OR STANDARD FORM 1034 (PUBLIC VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL).

(2) IF THE SERVICES OF A DULY APPOINTED PURCHASING AND CONTRACTING OFFICER ARE NOT AVAILABLE, THE ENLISTED PERSON MAY PURCHASE THE REQUIRED CLOTHING FROM COMMERCIAL SOURCES. * * *.'

THE TWX ORDERS OF MARCH 23, 1962, DIRECTING YOUR TRANSFER TO MAAG, SAIGON, VIETNAM, MADE NO PROVISION CONCERNING CIVILIAN CLOTHING, BUT SPECIFICALLY PROVIDED THAT THE "INDIV WILL ARR VIETNAM WEARING APPROP SUMMER UNIF AND WILL HAVE IN THEIR POSS ON ARR BASIC RQR SUMMER UNIF WORK UNIF AND CMBT BOOTS.' NO PROVISION IS MADE IN THE ORDERS REQUIRING OR AUTHORIZING THE PURCHASE OR WEARING OF CIVILIAN CLOTHING. FURTHER, THE ORDERS OF THE UNITED STATES NAVY, HEADQUARTERS SUPPORT ACTIVITY, APO 143, SAN FRANCISCO, WHICH APPEAR TO AUTHORIZE AND REQUIRE THE WEARING OF CIVILIAN CLOTHING, ARE DATED APRIL 22, 1963, LONG AFTER YOUR ASSIGNMENT TO DUTY IN SAIGON, VIETNAM.

IT WILL BE NOTED THAT THE ABOVE-QUOTED REGULATIONS REQUIRE THE USE OF GOVERNMENT PURCHASING AND CONTRACTING OFFICERS. THE PAPERS SUBMITTED WITH YOUR CLAIM SHOW THAT SUCH OFFICERS WERE AVAILABLE IN ATLANTA, GEORGIA, AND IN SAIGON, VIETNAM.

THERE APPEARS NO SUBSTANTIAL BASIS FOR THE PURCHASE OF THE CIVILIAN CLOTHING AT THE TIME AND IN THE MANNER INDICATED, EXCEPT FOR THE STATED BASIS OF RECEIPT OF ERRONEOUS INFORMATION. THIS HAS NOT BEEN SUBSTANTIATED, ALTHOUGH IT APPEARS THAT AN INVESTIGATION WAS CONDUCTED TO OBTAIN STATEMENTS IN YOUR BEHALF FROM THE PERSONS RESPONSIBLE.

WE FIND NO SUBSTANTIAL BASIS UPON WHICH TO PREDICATE A RECOMMENDATION TO THE CONGRESS FOR CONSIDERATION OF YOUR CLAIM AS A MERITORIOUS CLAIM PURSUANT TO THE ACT OF APRIL 10, 1928, CH. 334, 45 STAT. 413, 31 U.S.C. 236.