B-155949, FEB. 17, 1965

B-155949: Feb 17, 1965

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RA: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7. YOU WERE ASSIGNED TO UNITED STATES ARMY ELEMENT. CIVILIAN CLOTHING (SUMMER AND WINTER) WAS PRESCRIBED TO BE PURCHASED AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF ARMY REGULATIONS 700 8400-1 IN AN AMOUNT NOT TO EXCEED $300. WERE REVOKED. WERE CANCELLED. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 18. WHICH PROVIDES THAT 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. SINCE YOU WERE REQUIRED TO BE AVAILABLE FOR TRANSPORTATION OVERSEAS ON OCTOBER 10. THERE WERE NO INSTRUCTIONS AS TO WHEN THE CLOTHING SHOULD BE PURCHASED.

B-155949, FEB. 17, 1965

TO MERWYN E. HOOTEN, SFC, RA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 7, 1964, REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR OFFICE DATED NOVEMBER 18, 1964, WHICH DISALLOWED YOUR CLAIM FOR CIVILIAN CLOTHING ALLOWANCE IN THE AMOUNT OF $287.82.

BY PARAGRAPH 243, SPECIAL ORDERS NO. 198, HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, C., DATED AUGUST 4, 1964, YOU WERE ASSIGNED TO UNITED STATES ARMY ELEMENT, MILITARY ASSISTANCE ADVISORY GROUP, ETHIOPIA, WITH AVAILABILITY DATE INDICATED AS OCTOBER 10, 1964. CIVILIAN CLOTHING (SUMMER AND WINTER) WAS PRESCRIBED TO BE PURCHASED AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF ARMY REGULATIONS 700 8400-1 IN AN AMOUNT NOT TO EXCEED $300, PRIOR TO DEPARTURE FROM YOUR HOME STATION. BY LETTER ORDERS AGAO-L, DATED SEPTEMBER 10, 1964, OFFICE OF THE ADJUTANT GENERAL, WASHINGTON, D.C., THE ORDERS OF AUGUST 4, 1964, WERE REVOKED.

YOU STATED IN YOUR CLAIM THAT YOU PURCHASED CIVILIAN CLOTHING IN THE AMOUNT OF $287.82 ON AUGUST 15, 1964, AND SINCE THE CLOTHING HAD BEEN ALTERED, IT COULD NOT BE RETURNED TO THE STORE UPON CANCELLATION OF YOUR ORDERS. YOU THEREFORE REQUESTED REIMBURSEMENT FOR THE AMOUNT YOU SPENT FOR SUCH CLOTHING, EVEN THOUGH THE ORDERS OF AUGUST 4, 1964, WERE CANCELLED. HOWEVER, YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 18, 1964, FOR THE REASONS STATED THEREIN.

IN YOUR LETTER OF DECEMBER 7, 1964, REQUESTING RECONSIDERATION OF YOUR CLAIM, YOU CITE PARAGRAPH 86, ARMY REGULATIONS 700-8400-1, WHICH PROVIDES THAT 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. THEREFORE, SINCE YOU WERE REQUIRED TO BE AVAILABLE FOR TRANSPORTATION OVERSEAS ON OCTOBER 10, 1964, AND THERE WERE NO INSTRUCTIONS AS TO WHEN THE CLOTHING SHOULD BE PURCHASED, YOU INDICATE THE BELIEF THAT THE PURCHASE OF CIVILIAN CLOTHING ON AUGUST 15, 1964, WAS PROPER.

IT LONG HAS BEEN THE RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (UNLESS OTHERWISE DIRECTED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. THE TERMS AND CONDITIONS OF TRAVEL ORDERS ISSUED TO MEMBERS OF THE ARMED FORCES ARE SUBJECT TO MODIFICATION OR REVOCATION AT ANY TIME PRIOR TO THE EXECUTION OF THE TRAVEL AS DIRECTED AND IT IS WELL SETTLED THAT IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY PROVIDING FOR REIMBURSEMENT, ANY EXPENSES INCURRED BY THE MEMBER PREPARATORY TO COMPLYING WITH THE ORDERS MUST BE BORNE BY HIM IF THE ORDERS ARE RESCINDED OR CANCELLED PRIOR TO THE EFFECTIVE DATE THEREOF. SEE 19 COMP. GEN. 315; 33 ID. 389.

WHILE PARAGRAPH 86 OF ARMY REGULATION 700-8400-1 PROVIDES, AS YOU STATE, THAT 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, SUCH PARAGRAPH RELATES TO THE PROCEDURE FOR OBTAINING CIVILIAN CLOTHING AND DOES NOT PURPORT TO AUTHORIZE AN ALLOWANCE FOR CIVILIAN CLOTHING WHICH IS PURCHASED INCIDENT TO A DUTY ASSIGNMENT THAT IS CANCELLED BEFORE IT BECOMES EFFECTIVE. PARAGRAPH 82 OF THE SAME REGULATIONS PROVIDES AS FOLLOWS:

"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 FOR PERSONNEL:

"ENLISTED PERSONNEL ASSIGNED TO MAAG ACTIVITIES WHEN DETERMINED NECESSARY BY THE CHIEF OF THE MAAG CONCERNED. SEE PARAGRAPH 20, AR 1 75.' UNDER THESE PROVISIONS, THE CIVILIAN CLOTHING ALLOWANCE IS AUTHORIZED ONLY WHEN CIVILIAN CLOTHING IS REQUIRED IN THE PERFORMANCE OF OFFICIAL DUTY. SINCE YOUR DUTY ASSIGNMENT WAS CANCELLED BEFORE IT BECAME EFFECTIVE, YOU HAD NO SUCH AN ASSIGNMENT REQUIRING THE WEARING OF CIVILIAN CLOTHING AS PRESCRIBED BY THE REGULATIONS. CONSEQUENTLY THERE IS NO AUTHORITY FOR PAYMENT OF THE ALLOWANCE CLAIMED AND THE SETTLEMENT OF NOVEMBER 18, 1964, IS SUSTAINED.