B-159873, SEP. 1, 1966

B-159873: Sep 1, 1966

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HAS BEEN RECEIVED AND IS CONSIDERED AN APPEAL FROM THE DISALLOWANCE OF YOUR CLAIM FOR $11.55. YOU HAVE SUBMITTED A DOCUMENT INSTRUCTING STUDENTS IN THE PREPARATION OF A TYPEWRITTEN TREATISE AND INDICATE YOUR CLAIM IS VALID EVEN THOUGH BY REGULATION THE TYPING WORK WAS UNOFFICIAL AND COULD BE PERFORMED BY EMPLOYEES ONLY OUTSIDE OF NORMAL DUTY HOURS AT NO EXPENSE TO THE GOVERNMENT. ALTHOUGH YOU HAVE NOT SUBMITTED PROOF THAT THERE WERE NOT OTHER MEANS AT YOUR DISPOSAL FOR ACCOMPLISHING THE WORK. EVEN WERE WE TO PRESUME THE NECESSITY OF THE EXPENSE. THE INSTRUCTIONS FOR WRITING THE TREATISE STATE THAT IT IS A BASIS FOR DETERMINING WHETHER A STUDENT OFFICER IS CAPABLE OF IDENTIFYING AN ACCEPTABLE PROBLEM AND CONDUCTING SUFFICIENT RESEARCH TO SUPPORT THE STATED PROBLEM.

B-159873, SEP. 1, 1966

TO LIEUTENANT COLONEL MARHL L. WELCH:

YOUR LETTER OF AUGUST 2, 1966, HAS BEEN RECEIVED AND IS CONSIDERED AN APPEAL FROM THE DISALLOWANCE OF YOUR CLAIM FOR $11.55, REPRESENTING AN EXPENSE YOU INCURRED FOR TYPING A TREATISE WHILE A STUDENT AT THE COMMAND AND GENERAL STAFF COLLEGE, FORT LEAVENWORTH, KANSAS.

YOU HAVE SUBMITTED A DOCUMENT INSTRUCTING STUDENTS IN THE PREPARATION OF A TYPEWRITTEN TREATISE AND INDICATE YOUR CLAIM IS VALID EVEN THOUGH BY REGULATION THE TYPING WORK WAS UNOFFICIAL AND COULD BE PERFORMED BY EMPLOYEES ONLY OUTSIDE OF NORMAL DUTY HOURS AT NO EXPENSE TO THE GOVERNMENT. YOU ALLEGE THAT THE CIRCUMSTANCES DEMANDED PAYMENT OF A TYPIST, ALTHOUGH YOU HAVE NOT SUBMITTED PROOF THAT THERE WERE NOT OTHER MEANS AT YOUR DISPOSAL FOR ACCOMPLISHING THE WORK, INCLUDING THE USE OF TYPEWRITERS MADE AVAILABLE TO YOU.

EVEN WERE WE TO PRESUME THE NECESSITY OF THE EXPENSE, PAYMENT COULD NOT BE ALLOWED IN CONTRADICTION OF THE PROHIBITORY REGULATION. THE REGULATION IN QUESTION, BY ORDER OF THE COMMANDANT, UNITED STATES ARMY COMMAND AND GENERAL STAFF COLLEGE, SEEMS ENTIRELY PROPER. TYPING OF THE TREATISE MIGHT WELL BE CHARACTERIZED A PERSONAL MATTER INVOLVING THE KIND OF EXPENSE NORMALLY BORNE BY AN OFFICER. THE INSTRUCTIONS FOR WRITING THE TREATISE STATE THAT IT IS A BASIS FOR DETERMINING WHETHER A STUDENT OFFICER IS CAPABLE OF IDENTIFYING AN ACCEPTABLE PROBLEM AND CONDUCTING SUFFICIENT RESEARCH TO SUPPORT THE STATED PROBLEM. L 4-1-2, PARAGRAPH 2. A (2). IT IS TO BE GRADED AND RETURNED TO THE OFFICER. L 4-1-3, PARAGRAPH 3. IT IS APPARENTLY A TESTING AND TRAINING DEVICE, WHICH THE OFFICER MUST ESSENTIALLY VOLUNTARILY CREATE FOR HIS OWN CAREER ADVANCEMENT AND PROMOTION. THE FACT THAT ULTIMATELY THE TRAINING IS INTENDED TO BENEFIT THE MILITARY SERVICE AND THE TYPING IS REQUIRED DOES NOT TAKE AWAY THE PERSONAL CHARACTER OF THE TREATISE.

WE FIND NO SUPPORT OF YOUR CLAIM IN THE APPLICABLE LAW AND REGULATIONS, AND UPON RECONSIDERATION IT IS AGAIN DENIED.