B-155323, JAN. 22, 1965

B-155323: Jan 22, 1965

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23. YOUR CLAIM FOR THE ADDITIONAL CIVILIAN CLOTHING MAINTENANCE ALLOWANCE WAS ACCOMPANIED BY A LETTER DATED OCTOBER 21. FOR THE FISCAL YEAR 1956 IT DID HAVE A RECORD OF PAYMENT BY THE EUROPEAN COMMAND OF THE $5.40 CLOTHING MAINTENANCE ALLOWANCE FOR THE PERIOD APRIL THROUGH JUNE 1956. YOUR CLAIM FOR THE ADDITIONAL CIVILIAN CLOTHING ALLOWANCE FOR THE PERIOD INDICATED ABOVE WAS DISALLOWED FOR THE REASON THAT IT HAD BEEN ADMINISTRATIVELY REPORTED THAT THE RECORDS FAILED TO INDICATE AUTHORIZATION FOR ANY PAYMENT OF CIVILIAN CLOTHING ALLOWANCE FROM CRIMINAL INVESTIGATION DETACHMENT (CID) FUNDS ND THAT YOU HAD BEEN CREDITED ONLY THE MILITARY CLOTHING ALLOWANCE AT $5.40 PER MONTH FOR THE PERIOD OF YOUR CLAIM.

B-155323, JAN. 22, 1965

TO MR. SYLVAN S. ASH, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 23, 1964, REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR OFFICE DATED AUGUST 25, 1964, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF ADDITIONAL CIVILIAN CLOTHING ALLOWANCE FOR THE PERIOD FROM DECEMBER 1951 THROUGH MARCH 1956.

YOUR CLAIM FOR THE ADDITIONAL CIVILIAN CLOTHING MAINTENANCE ALLOWANCE WAS ACCOMPANIED BY A LETTER DATED OCTOBER 21, 1952, FROM THE OFFICE OF THE PROVOST MARSHAL GENERAL, DEPARTMENT OF THE ARMY, WHICH STATED THAT PENDING REVISION OF TM 19-300, INITIAL AND MAINTENANCE ALLOWANCES ESTABLISHED IN SPECIAL REGULATIONS 32-150-15, PERTAINING TO CIVILIAN CLOTHING ALLOWANCES FOR ARMY ENLISTED PERSONNEL, WOULD APPLY TO ALL ENLISTED CRIMINAL INVESTIGATORS. IT STATED FURTHER IN PERTINENT PART THAT MAINTENANCE ALLOWANCE WOULD ACCRUE AS INDICATED IN PARAGRAPH 4B (1) OF THE REGULATIONS REFERRED TO ABOVE AND PERSONNEL WOULD DRAW THE FULL CASH CIVILIAN CLOTHING MAINTENANCE ALLOWANCE SUBSEQUENT TO THE SIXTH MONTH AFTER ENTERING UPON DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHES. A FURTHER LETTER FROM THE PROVOST MARSHAL GENERAL, DATED MARCH 23, 1964, ADVISED YOU THAT ITS RECORDS DID NOT INCLUDE COPIES OF VOUCHERS COVERING THE PERIOD OF YOUR CLAIM, BUT FOR THE FISCAL YEAR 1956 IT DID HAVE A RECORD OF PAYMENT BY THE EUROPEAN COMMAND OF THE $5.40 CLOTHING MAINTENANCE ALLOWANCE FOR THE PERIOD APRIL THROUGH JUNE 1956.

YOUR CLAIM FOR THE ADDITIONAL CIVILIAN CLOTHING ALLOWANCE FOR THE PERIOD INDICATED ABOVE WAS DISALLOWED FOR THE REASON THAT IT HAD BEEN ADMINISTRATIVELY REPORTED THAT THE RECORDS FAILED TO INDICATE AUTHORIZATION FOR ANY PAYMENT OF CIVILIAN CLOTHING ALLOWANCE FROM CRIMINAL INVESTIGATION DETACHMENT (CID) FUNDS ND THAT YOU HAD BEEN CREDITED ONLY THE MILITARY CLOTHING ALLOWANCE AT $5.40 PER MONTH FOR THE PERIOD OF YOUR CLAIM.

IN YOUR LETTER OF SEPTEMBER 23, 1964, YOU STATED THAT NO AUTHORIZATION WAS NECESSARY FOR CIVILIAN CLOTHING MAINTENANCE ALLOWANCE AND THE ONLY REQUIREMENT IS THAT THE INDIVIDUAL BE AN ACCREDITED MILITARY POLICE CRIMINAL INVESTIGATOR. YOU FURNISHED COPIES OF SPECIAL ORDERS 202, HEADQUARTERS, 1ST ARMY, NEW YORK, NEW YORK, DATED OCTOBER 15, 1951, REDESIGNATING YOUR PERSONNEL MILITARY OCCUPATIONAL SPECIALTY FROM MILITARY POLICE SUPERVISOR TO ASSISTANT CRIMINAL INVESTIGATOR (PMOS 1446) AND SPECIAL ORDERS 211 FROM THE SAME HEADQUARTERS, DATED OCTOBER 26, 1951, WHICH PROVIDED FOR YOUR TRANSFER FROM 10TH MILITARY POLICE, CID, NEW YORK, NEW YORK, TO AN OVERSEAS ASSIGNMENT WITH TRUST. YOU STATED FURTHER THAT UPON ARRIVAL AT CID TRUST AND SUBSEQUENT CID ASSIGNMENTS, YOU WERE NOT PERMITTED TO SUBMIT VOUCHERS CLAIMING THE CIVILIAN CLOTHING MAINTENANCE ALLOWANCE FROM DECEMBER 1951 THROUGH MARCH 1956 AND IT WAS ONLY STARTING APRIL 1956, THAT YOU WERE CREDITED WITH SUCH ALLOWANCE.

THE PERSONNEL MILITARY OCCUPATIONAL SPECIALTY NO. 1446, AS DESCRIBED ON PAGE 285 OF SPECIAL REGULATIONS 615-25-15, DOES NOT IN ANY WAY REQUIRE THAT A MEMBER WHO IS APPOINTED ASSISTANT CRIMINAL INVESTIGATOR WEAR CIVILIAN CLOTHING. FURTHERMORE, PARAGRAPH 1, SPECIAL REGULATIONS 32-150- 15, PROVIDES THAT THE PURPOSE OF THOSE REGULATIONS (WHICH PERTAIN TO THE PAYMENT OF CIVILIAN CLOTHING ALLOWANCE TO ENLISTED PERSONNEL) IS TO PRESCRIBE THE PROCEDURES FOR PAYMENT OF SUCH ALLOWANCES AUTHORIZED FOR ENLISTED PERSONNEL ASSIGNED BY COMPETENT AUTHORITY TO WEAR CIVILIAN CLOTHING IN THE PERFORMANCE OF OFFICIAL DUTY. PARAGRAPH 2 STATES THAT THE REGULATIONS APPLY TO ALL ENLISTED PERSONNEL, WITH EXCEPTIONS NOT HERE PERTINENT, WHO ARE AUTHORIZED BY COMPETENT AUTHORITY TO WEAR CIVILIAN CLOTHING IN THE PERFORMANCE OF OFFICIAL DUTY. PARAGRAPH 4B/1) AND (2) OF THE REGULATIONS PROVIDE THAT DURING THE FIRST 6 MONTHS OF DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHING SUBSEQUENT TO THE DATE OF AUTHORIZATION OF AN INITIAL ALLOWANCE, SUCH PERSONNEL WILL CONTINUE TO ACCRUE THE MILITARY CASH CLOTHING MAINTENANCE ALLOWANCE AND BEGINNING WITH THE SEVENTH MONTH AN ALLOWANCE OF $7.20 PER MONTH WILL BE PAID TO ENLISTED PERSONS ASSIGNED TO DUTY REQUIRING THE WEARING OF CIVILIAN CLOTHING. SUBPARAGRAPH (3) PROVIDES THAT ENLISTED MEMBERS SERVING IN ASSIGNMENTS WHICH REQUIRE THE WEARING OF BOTH MILITARY AND CIVILIAN CLOTHING WILL RECEIVE ONLY ONE CASH MAINTENANCE ALLOWANCE, NAMELY, THE HIGHEST TO WHICH THEY ARE ENTITLED AND IN NO CASE ARE BOTH THE MILITARY AND THE CIVILIAN CASH CLOTHING MAINTENANCE ALLOWANCES AUTHORIZED TO BE PAID TO AN INDIVIDUAL FOR THE SAME PERIOD OF SERVICE.

THESE REGULATIONS DO NOT PROVIDE FOR PAYMENT OF A CIVILIAN CLOTHING ALLOWANCE BY REASON OF THE MILITARY OCCUPATIONAL SPECIALTY DESIGNATION WHICH THE MEMBER HAS RECEIVED. RATHER, THE REGULATIONS PROVIDE FOR PAYMENT OF THE ALLOWANCE TO MEMBERS WHO HAVE BEEN AUTHORIZED BY COMPETENT AUTHORITY TO WEAR CIVILIAN CLOTHING IN THE PERFORMANCE OF THEIR OFFICIAL DUTY ASSIGNMENTS. THE ORDERS ISSUED IN 1951 WHICH YOU HAVE FURNISHED DID NOT AUTHORIZE YOU TO WEAR CIVILIAN CLOTHING WHILE PERFORMING OFFICIAL DUTY AND THERE IS NOTHING ELSE IN THE RECORD BEFORE US TO SHOW THAT YOU WERE SO AUTHORIZED BY COMPETENT AUTHORITY DURING THE PERIOD INVOLVED. ACCORDINGLY, THE SETTLEMENT OF AUGUST 25, 1964, IS SUSTAINED.