B-160319, MAY 26, 1967

B-160319: May 26, 1967

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12. YOUR CLAIM FOR THE SERVICES RENDERED WAS MADE ON AN INVOICE DATED DECEMBER 9. PART II OF THE APPLICATION WAS COMPLETED BY FLOYD W. THE STUDENTS WERE CERTIFIED AS ELIGIBLE U.S. WAS NOT AWARE OF THE SPONSOR'S UNIT ASSIGNMENT OR THE SCHOOL SELECTION MADE BY HIM PRIOR TO RECEIPT OF YOUR INVOICE. APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE ARE AVAILABLE FOR PRIMARY AND SECONDARY SCHOOLING OF ELIGIBLE MINOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES IN AMOUNTS NOT EXCEEDING $285 PER STUDENT WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT SCHOOLS.

B-160319, MAY 26, 1967

TO AMERICAN COMMUNITY SCHOOLS OF ATHENS, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED APRIL 12, 1967, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DATED DECEMBER 5, 1966, WHICH DISALLOWED YOUR CLAIM FOR $390 IN PAYMENT OF TUITION, TRANSPORTATION CHARGES, ETC., FURNISHED MARCUS AND ALVERNIA BARLOW, DEPENDENT CHILDREN OF PRIVATE FIRST CLASS LEMUEL BARLOW, FOR THE PERIOD FROM SEPTEMBER 8, 1964, THROUGH DECEMBER 11, 1964.

YOUR CLAIM FOR THE SERVICES RENDERED WAS MADE ON AN INVOICE DATED DECEMBER 9, 1965, SUPPORTED BY APPLICATIONS FOR ENROLLMENT IN A TUITION SCHOOL SIGNED BY PRIVATE BARLOW AS SPONSOR. PART II OF THE APPLICATION WAS COMPLETED BY FLOYD W. WORLEY, SUPERINTENDENT OF SCHOOLS, ON AUGUST 5, 1965, AND THE STUDENTS WERE CERTIFIED AS ELIGIBLE U.S. ARMY DEPENDENTS ON AUGUST 16, 1965. THE DIRECTORATE, UNITED STATES DEPENDENTS SCHOOLS, EUROPEAN AREA, WAS NOT AWARE OF THE SPONSOR'S UNIT ASSIGNMENT OR THE SCHOOL SELECTION MADE BY HIM PRIOR TO RECEIPT OF YOUR INVOICE.

APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE ARE AVAILABLE FOR PRIMARY AND SECONDARY SCHOOLING OF ELIGIBLE MINOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES IN AMOUNTS NOT EXCEEDING $285 PER STUDENT WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY, ARE UNABLE TO PROVIDE FOR THE EDUCATION OF SUCH DEPENDENTS. SECTION 506, DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1965, PUBLIC LAW 88-446, 78 STAT. 475. THE SECRETARY OF THE ARMY DETERMINED THAT DURING THE FISCAL YEAR 1965 THE PUBLIC SCHOOLS AVAILABLE IN GREECE WERE INADEQUATE. THEREFORE THE EXPENSES OF SCHOOLING FOR WHICH YOU CLAIM PAYMENT, INCURRED DURING THE FISCAL YEAR 1965, COULD HAVE BEEN AUTHORIZED.

HOWEVER, PRIVATE BARLOW HAD NO STATUTORY RIGHT TO HAVE HIS DEPENDENTS PROVIDED EDUCATION AT GOVERNMENT EXPENSE IN A PRIVATELY OPERATED SCHOOL ON THE BASIS OF A CONTRACT BETWEEN YOUR SCHOOL AND HIM. RATHER, UNDER THE CONTROLLING REGULATION (AR-350-290 JANUARY 4, 1962), IT IS CONTEMPLATED THAT AUTHORIZATION FOR ATTENDANCE AT A PRIVATE SCHOOL AND PAYMENT OF SUCH EXPENSE FROM APPROPRIATED MONIES IS A MATTER WITHIN THE DISCRETION OF THE LOCAL COMMANDER, IT BEING PROVIDED IN PARAGRAPH 6A (2) OF THE REGULATIONS THAT:

"PAYMENTS WILL BE DETERMINED BY AGREEMENT BETWEEN THE SCHOOL AUTHORITIES AND THE MAJOR COMMANDER AND WILL BE LIMITED TO THE MINIMUM AMOUNT REQUIRED TO PROVIDE ADEQUATE EDUCATIONAL SERVICES.' SINCE PRIVATE BARLOW AND NOT THE APPROPRIATE COMMANDING OFFICER ENTERED INTO ARRANGEMENTS WITH YOUR SCHOOL, THE GOVERNMENT IS NOT OBLIGATED FOR THE EXPENSES PERSONALLY INCURRED.