B-170772, NOV. 6, 1970

B-170772: Nov 6, 1970

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SINCE REGULATIONS ARE NOT CLEAR AS TO ENTITLEMENT TO A REPLACEMENT ALLOWANCE IT IS SUGGESTED THAT REGULATIONS BE ISSUED TO COVER SUCH SITUATION. BLALOCK WAS GIVEN A TEMPORARY APPOINTMENT AS RESERVOIR RANGER AT THE NIMROD PROJECT EFFECTIVE JUNE 2. HE WAS REIMBURSED IN THE AMOUNT OF $82.08 FOR 5 PAIRS OF TROUSERS AND 5 SHIRTS. HE WAS GIVEN A TEMPORARY APPOINTMENT AT THE SAME PROJECT EFFECTIVE MAY 28. THE CLAIM IS SUPPORTED BY A SALES SLIP MARKED "PAID.". SINCE YOU SAY THAT FULL-TIME RANGERS ARE INITIALLY REIMBURSED $125 FOR UNIFORMS FOR THE FIRST YEAR. YOU CALL ATTENTION TO PARAGRAPH 1-9G(2) OF ARMY REGULATION 670-10 WHICH PROVIDES THAT AN EMPLOYEE WHO LEAVES A POSITION IN WHICH HE WAS RECEIVING A UNIFORM ALLOWANCE AND IS LATER REASSIGNED OR TRANSFERRED TO.

B-170772, NOV. 6, 1970

CLOTHING ALLOWANCE - TEMPORARY APPOINTMENTS AUTHORIZING PAYMENT OF VOUCHER FOR COST OF RANGER UNIFORMS PURCHASED IN CONNECTION WITH SECOND TEMPORARY APPOINTMENT OF HAROLD D. BLALOCK AT NIMROD PROJECT. RANGER WHO PURCHASED UNIFORMS INCIDENT TO A SECOND TEMPORARY APPOINTMENT FOR THE SUMMER MONTHS EFFECTIVE MAY 28, 1970, LESS THAN A YEAR AFTER HIS FIRST TEMPORARY APPOINTMENT OF WHICH HE RECEIVED AN INITIAL UNIFORM ALLOWANCE MAY SINCE A YEAR HAS EXPIRED SINCE HIS FIRST ALLOWANCE, AND SINCE HE HAS COMPLETED HIS SECOND PERIOD OF EMPLOYMENT BE REIMBURSED FOR THE AMOUNT EXPENDED FOR THE REPLACEMENT UNIFORM. HOWEVER, SINCE REGULATIONS ARE NOT CLEAR AS TO ENTITLEMENT TO A REPLACEMENT ALLOWANCE IT IS SUGGESTED THAT REGULATIONS BE ISSUED TO COVER SUCH SITUATION.

TO MR. C. F. HUFF:

THIS REFERS TO YOUR LETTER DATED AUGUST 12, 1970, REQUESTING A DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER IN THE AMOUNT OF $94.78 IN FAVOR OF MR. HAROLD D. BLALOCK, COVERING REIMBURSEMENT OF THE COST OF RANGER UNIFORMS PURCHASED IN CONNECTION WITH HIS TEMPORARY APPOINTMENT AT THE NIMROD PROJECT.

MR. BLALOCK WAS GIVEN A TEMPORARY APPOINTMENT AS RESERVOIR RANGER AT THE NIMROD PROJECT EFFECTIVE JUNE 2, 1969, FOR A PERIOD NOT TO EXCEED SEPTEMBER 13, 1969. ON JUNE 19, 1969, HE WAS REIMBURSED IN THE AMOUNT OF $82.08 FOR 5 PAIRS OF TROUSERS AND 5 SHIRTS. HIS APPOINTMENT EXPIRED AND HIS EMPLOYMENT TERMINATED AS OF SEPTEMBER 13, 1969. HE WAS GIVEN A TEMPORARY APPOINTMENT AT THE SAME PROJECT EFFECTIVE MAY 28, 1970, FOR A PERIOD NOT TO EXCEED SEPTEMBER 12, 1970. HE HAS CLAIMED REIMBURSEMENT FOR 5 SHIRTS AND SIX PAIRS OF TROUSERS PURCHASED JUNE 25, 1970, IN CONNECTION WITH HIS SECOND APPOINTMENT. THE CLAIM IS SUPPORTED BY A SALES SLIP MARKED "PAID."

YOU FURNISHED A COPY OF MEMORANDUM SWLOD-R, DATED JUNE 13, 1967, APPROVED BY THE DISTRICT ENGINEER, WHICH ESTABLISHED A MAXIMUM ALLOWANCE OF $95 FOR UNIFORMS FOR FEE COLLECTION RANGERS BASED ON THE NEED OF 4 CHANGES OF UNIFORMS AND A HAT. YOU ALSO FURNISHED A COPY OF MEMORANDUM OF THE DEPUTY DISTRICT ENGINEER DATED AUGUST 23, 1967, WHICH INDICATED THE ALLOWANCE OF UP TO $95 WOULD BE BASED ON CLOTHING NEEDS WITHOUT REGARD TO THE NUMBER OF UNIFORMS. WE ASSUME THAT THESE MEMORANDUMS REFER TO THE UNIFORMS REQUIRED TO BE WORN BY RANGERS HIRED ON A TEMPORARY BASIS FOR ONLY THE SUMMER MONTHS WHEN THE RECREATION FACILITIES RECEIVE THEIR GREATEST USE, SINCE YOU SAY THAT FULL-TIME RANGERS ARE INITIALLY REIMBURSED $125 FOR UNIFORMS FOR THE FIRST YEAR.

YOU CALL ATTENTION TO PARAGRAPH 1-9G(2) OF ARMY REGULATION 670-10 WHICH PROVIDES THAT AN EMPLOYEE WHO LEAVES A POSITION IN WHICH HE WAS RECEIVING A UNIFORM ALLOWANCE AND IS LATER REASSIGNED OR TRANSFERRED TO, OR REEMPLOYED IN, A POSITION IN WHICH AN IDENTICAL OR SIMILAR UNIFORM IS REQUIRED WILL BE ELIGIBLE TO BE PAID AN INITIAL ALLOWANCE UPON REEMPLOYMENT, PROVIDED THAT AT LEAST 1 FULL YEAR HAS ELAPSED SINCE THE END OF THE PERIOD COVERED BY THE LAST ALLOWANCE PAYMENT. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF THE VOUCHER APPARENTLY ARISES FROM THE FACT THAT MR. BLALOCK WAS GIVEN ANOTHER TEMPORARY APPOINTMENT AS RANGER LESS THAN A YEAR AFTER THE END OF HIS PREVIOUS TEMPORARY EMPLOYMENT AS RANGER.

SECTION 5901, TITLE 5, U.S.C. AUTHORIZES TO BE APPROPRIATED ANNUALLY AN AMOUNT NOT TO EXCEED $125 MULTIPLIED BY THE NUMBER OF EMPLOYEES OF AN AGENCY WHO ARE REQUIRED BY REGULATION OR STATUTE TO WEAR A PRESCRIBED UNIFORM IN THE PERFORMANCE OF OFFICIAL DUTIES AND WHO ARE NOT BEING FURNISHED WITH A UNIFORM. THE HEAD OF THE AGENCY CONCERNED SHALL (1) FURNISH TO EACH OF THESE EMPLOYEES A UNIFORM AT A COST NOT TO EXCEED $125 A YEAR, OR (2) PAY TO EACH OF THESE EMPLOYEES AN ALLOWANCE FOR A UNIFORM NOT TO EXCEED $125 A YEAR. THE ALLOWANCE MAY BE PAID ONLY AT THE TIMES AND IN THE AMOUNTS AUTHORIZED BY THE REGULATIONS PRESCRIBED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET PURSUANT TO 5 U.S.C. 5903.

THE REGULATIONS AUTHORIZED TO BE ISSUED PURSUANT TO 5 U.S.C. 5903 ARE CONTAINED IN BUREAU OF THE BUDGET CIRCULAR NO. A-30, REVISED AUGUST 20, 1966. PARAGRAPH 4C OF THAT CIRCULAR PROVIDES THAT:

"DETERMINING COMMENCEMENT OF ANNUAL ALLOWANCES OR ALLOTMENTS. THE ANNUAL PERIOD TO WHICH THE LIMITATION OF $125 PER EMPLOYEE APPLIES SHALL BEGIN WITH THE DATE ON WHICH AN EMPLOYEE FIRST BECOMES ELIGIBLE FOR A UNIFORM OR A UNIFORM ALLOWANCE UNDER THE ACT."

PARAGRAPH 6E PROVIDES THAT:

"ALLOWANCES FOR TEMPORARY OR SUBSTITUTE EMPLOYEES. THE AMOUNT PAYABLE TO A TEMPORARY OR SUBSTITUTE EMPLOYEE WHO IS OTHERWISE ELIGIBLE FOR A UNIFORM ALLOWANCE SHALL BE DETERMINED BY ADJUSTING THE STANDARD FOR AN ANNUAL ALLOWANCE TO TAKE ACCOUNT OF ANY REDUCED REQUIREMENTS WHICH RESULT FROM THE LIMITED PERIOD AND NATURE OF EMPLOYMENT."

UNDER PARAGRAPH 6G OF THE ABOVE REGULATIONS THE ALLOWANCE FOR EACH SUBSEQUENT YEAR MAY BE PAID (1) IN FULL AT THE BEGINNING OF THE YEAR, (2) ONE-FOURTH AT THE BEGINNING OF EACH QUARTER, (3) AT ANY TIME IN THE AMOUNT OF SUMS PAID BY EMPLOYEES FOR UNIFORM ITEMS AS SUPPORTED BY APPROPRIATE EVIDENCE, (4) AT THE END OF THE SERVICE YEAR, OR (5) DIRECTLY TO VENDOR. IF, HOWEVER, AN EMPLOYEE (IN THE CASE OF AN ADVANCE PAYMENT) IS SEPARATED HE IS ONLY ENTITLED TO RETAIN ONE-FOURTH OF THE PAYMENT FOR EACH QUARTER OF THE YEAR OR PORTION THEREOF DURING WHICH HE REMAINED ON THE JOB.

PARAGRAPHS 1-9E AND F OF ARMY REGULATION NO. 670-10, JULY 22, 1969, PROVIDE AS FOLLOWS:

"E. APPOINTMENT FOR TEMPORARY PERIOD. AN EMPLOYEE APPOINTED OR ASSIGNED FOR A TEMPORARY PERIOD EXCEEDING 3 MONTHS BUT LESS THAN 1 YEAR TO A POSITION REQUIRING THE WEARING OF A UNIFORM WILL BE REQUIRED TO WEAR ONLY SUCH UNIFORM ITEMS AS ARE DETERMINED BY THE COMMANDING OFFICER TO BE NECESSARY, AND WILL BE PAID AN INITIAL ALLOWANCE PROPORTIONATE TO THE COST OF THE ITEMS REQUIRED. AN EMPLOYEE WILL NOT BE REQUIRED TO WEAR A UNIFORM, AND THE ALLOWANCE IS NOT PAYABLE, IF THE APPOINTMENT OR ASSIGNMENT IS FOR A PERIOD OF LESS THAN 3 MONTHS.

"F. REPLACEMENT ALLOWANCES. THE FIRST REPLACEMENT ALLOWANCE WILL BE PAYABLE 1 YEAR AFTER THE EFFECTIVE DATE OF THE INITIAL ALLOWANCE AND WILL BE PRORATED FROM THE DATE ON WHICH IT FALLS DUE TO THE END OF THE QUARTER. THE PRORATED AMOUNT DUE WILL BE DETERMINED BY CONSIDERING ALL MONTHS AS 30-DAY MONTHS, DIVIDING THE REPLACEMENT ALLOWANCE BY 90 FOR A DAILY RATE AND MULTIPLYING THE DAILY RATE BY DAYS TO BE PRORATED."

APPARENTLY "F" ABOVE REFERS TO FULL-TIME EMPLOYEES AND CONTEMPLATES PAYMENT OF SUCH REPLACEMENT ALLOWANCE ON A QUARTERLY BASIS. PARAGRAPH 1- 9G(2) PREVIOUSLY MENTIONED ALSO REFERS TO FULL TIME RATHER THAN TEMPORARY EMPLOYEES.

WHILE IT HAS BEEN DETERMINED THAT TEMPORARY RANGERS ARE ENTITLED TO AN INITIAL ALLOWANCE NOT TO EXCEED $95 FOR THE UNIFORM PARTS REQUIRED FOR SUMMER EMPLOYEES, THE REGULATIONS ARE NOT CLEAR AS TO THEIR ENTITLEMENT TO A REPLACEMENT ALLOWANCE UNDER THE CIRCUMSTANCES DESCRIBED HEREIN. SEEMS TO US THAT THE EMPLOYEE HERE INVOLVED WAS ENTITLED TO AN ALLOWANCE AFTER THE EXPIRATION OF ONE YEAR FROM HIS FIRST EMPLOYMENT ON JUNE 2, 1969.

WHETHER MR. BLALOCK SHOULD BE ALLOWED THE FULL $95 UNIFORM ALLOWANCE FOR EMPLOYMENT EACH SUMMER IN THE MANNER INDICATED IS NOT FOR US TO DETERMINE. CERTAINLY HE WAS NOT ENTITLED TO ANOTHER $95 PRIOR TO THE EXPIRATION OF ONE YEAR FROM JUNE 2, 1969. HOWEVER, SINCE THAT YEAR HAS NOW EXPIRED AND HE HAS COMPLETED HIS SECOND PERIOD OF EMPLOYMENT, WE SEE NO OBJECTION TO REIMBURSING HIM TO THE EXTENT OF THE $94.78 HE EXPENDED FOR UNIFORMS REQUIRED IN CONNECTION WITH HIS EMPLOYMENT.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED, MAY BE PAID. WE SUGGEST THAT APPROPRIATE REGULATIONS BE ISSUED TO COVER MATTERS OF THIS NATURE IN THE FUTURE.