B-159752, SEP. 8, 1966

B-159752: Sep 8, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SMITH: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 12. WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF SETTLEMENT DATED JUNE 16. YOU SAY THAT WHILE YOU WERE ON ACTIVE DUTY AS A QUARTERMASTER OFFICER AT FORT LEE. YOU WERE ORDERED. AS A RESULT OF YOUR COMPLIANCE WITH THIS ORDER YOU WERE UNABLE TO COMPLETE YOUR COURSE IN DATA PROCESSING. SINCE YOUR OBLIGATED SERVICE AFTER GRADUATION FROM THE CBR SCHOOL WAS LESS THAN ONE YEAR AND YOU WERE RELIEVED FROM ACTIVE DUTY IN FEBRUARY 1965. YOU SUGGEST THAT SOMEONE ELSE SHOULD HAVE BEEN SELECTED IN YOUR STEAD AND YOU FEEL THAT YOU HAVE A VALID CLAIM AGAINST THE GOVERNMENT FOR THE LOST TUITION FEE. MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY ARE SUBJECT TO MILITARY ORDERS AND MUST ADJUST THEIR CIVILIAN ACTIVITIES TO THE EXIGENCIES OF THE SERVICE.

B-159752, SEP. 8, 1966

TO MR. JEROME R. SMITH:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 12, 1966, WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF SETTLEMENT DATED JUNE 16, 1966, WHICH DISALLOWED YOUR CLAIM FOR $43 PAID BY YOU AS TUITION FOR A COURSE OF INSTRUCTION AT A CIVILIAN COLLEGE DURING 1964.

YOU SAY THAT WHILE YOU WERE ON ACTIVE DUTY AS A QUARTERMASTER OFFICER AT FORT LEE, VIRGINIA, YOU ENROLLED IN A COURSE IN DATA PROCESSING AT THE FORT LEE EXTENSION OF THE COLLEGE OF WILLIAM AND MARY, FOR WHICH YOU PAID FROM YOUR OWN FUNDS A TUITION FEE OF $43. YOU DID NOT ACCEPT TUITION ASSISTANCE FOR THAT COURSE FROM THE UNITED STATES GOVERNMENT. WHILE THUS REGISTERED IN THE CIVILIAN COLLEGE COURSE, YOU WERE ORDERED, ON APRIL 16, 1964, TO ATTEND CHEMICAL, BIOLOGICAL AND RADIOLOGICAL SCHOOL AT FORT MCCLELLAN, ALABAMA. AS A RESULT OF YOUR COMPLIANCE WITH THIS ORDER YOU WERE UNABLE TO COMPLETE YOUR COURSE IN DATA PROCESSING. SINCE YOUR OBLIGATED SERVICE AFTER GRADUATION FROM THE CBR SCHOOL WAS LESS THAN ONE YEAR AND YOU WERE RELIEVED FROM ACTIVE DUTY IN FEBRUARY 1965, YOU QUESTION THE VALIDITY OF YOUR ORDER TO ATTEND THE SERVICE SCHOOL. YOU SUGGEST THAT SOMEONE ELSE SHOULD HAVE BEEN SELECTED IN YOUR STEAD AND YOU FEEL THAT YOU HAVE A VALID CLAIM AGAINST THE GOVERNMENT FOR THE LOST TUITION FEE.

MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY ARE SUBJECT TO MILITARY ORDERS AND MUST ADJUST THEIR CIVILIAN ACTIVITIES TO THE EXIGENCIES OF THE SERVICE. MILITARY ORDERS MUST BE OBEYED WITHOUT REGARD TO PERSONAL DESIRES OR PRIVATE CONTRACTS. THERE IS NO OBLIGATION ON THE UNITED STATES TO INDEMNIFY A MILITARY MEMBER FOR LOSSES WHICH MIGHT RESULT FROM A CHANGE IN RESIDENCE REQUIRED BY MILITARY ORDERS.

WHILE IT IS POSSIBLE THAT THE COURSE OF INSTRUCTION FOR WHICH YOU ENROLLED WAS BENEFICIAL TO YOUR MILITARY ASSIGNMENT OR ONE FOR WHICH YOU COULD HAVE OBTAINED MONETARY ASSISTANCE FROM THE ARMY UNDER ITS TRAINING PROGRAM, IT HAS BEEN REPORTED THAT YOU WERE NOT SELECTED UNDER THE CIVILIAN SCHOOLS PROGRAM AND ARE NOT ENTITLED TO REIMBURSEMENT UNDER THE PROVISIONS OF ARMY REGULATIONS 350-200RELATING TO THAT PROGRAM. APPEARING THAT THE TUITION WAS PAID IN CONNECTION WITH A PERSONAL AGREEMENT BETWEEN YOU AND THE COLLEGE WHICH HAD NOTHING TO DO WITH SUCH REGULATIONS, THERE IS NO AUTHORITY OF LAW UNDER WHICH THE GOVERNMENT MAY REIMBURSE YOU FOR THE TUITION INVOLVED.

ACCORDINGLY, THE SETTLEMENT OF JUNE 16, 1966, IS SUSTAINED.

CONCERNING YOUR REQUEST AS TO WHOM YOU CAN APPEAL THE ACTION TAKEN ON YOUR CLAIM, YOU ARE ADVISED THAT DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES ARE FINAL AND CONCLUSIVE ON ALL OFFICERS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, THE UNITED STATES COURT OF CLAIMS AND THE DISTRICT COURTS OF THE UNITED STATES ARE VESTED WITH JURISDICTION (SUBJECT TO CERTAIN LIMITATIONS) TO ENTERTAIN CIVIL ACTIONS AGAINST THE UNITED STATES WHICH ARE FOUNDED UPON THE CONSTITUTION, AN ACT OF CONGRESS, OR REGULATION OF AN EXECUTIVE DEPARTMENT. SEE 28 U.S.C. 1346 AND 1491.