B-93195, MAR 20, 1950

B-93195: Mar 20, 1950

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IN WHICH YOU REQUEST A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH. IT IS STATED IN YOUR LETTER THAT THE OVERCOATS IN QUESTION WERE PART OF A SHIPMENT PURCHASED BY THE GOVERNMENT IN FEBRUARY 1942 AND THAT THE WATERVLIET ARSENAL AS A MATTER OF POLICY HAS BEEN ISSUING TO ITS CIVILIAN GUARDS THESE OVERCOATS TO SUPPLEMENT UNIFORMS PURCHASED AT THEIR OWN EXPENSE AND THAT THE OVERCOATS ARE WORN ONLY DURING DUTY HOURS. IT IS REPORTED THEREIN THAT THE PURCHASE OF THE OVERCOATS UNDER PRESENT REGULATIONS OF THE DEPARTMENT OF THE ARMY IS PROHIBITED AS A MATTER OF POLICY. ENDORSEMENT OF THE ASSISTANT CHIEF OF ORDNANCE WHILE CONFIRMING SUCH STATEMENT OF POLICY OF THE DEPARTMENT REPORTS THAT THERE IS NO POLICY OR REGULATION WHICH WOULD PROHIBIT THE ISSUANCE AND MAINTENANCE OF THESE ARTICLES ON HAND SINCE THE USE OF THESE COATS UNTIL THE SUPPLY IS EXHAUSTED WOULD APPEAR TO BE FOR THE BEST INTERESTS OF THE GOVERNMENT AND RECOMMENDS PAYMENT OF THE VOUCHER.

B-93195, MAR 20, 1950

PRECIS-UNAVAILABLE

CAPTAIN DAN E. ROBERTSON, FINANCE OFFICER, U.S. ARMY:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF THE OFFICE OF THE CHIEF OF FINANCE DATED FEBRUARY 21, 1950, YOUR LETTER OF NOVEMBER 21, 1949, IN WHICH YOU REQUEST A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH, STATED IN FAVOR OF ROWE'S CLEANERS, TROY, N.Y. IN THE AMOUNT OF $240 COVERING THE COST OF REPAIR AND DRY CLEANING OF 21 OVERCOATS.

IT IS STATED IN YOUR LETTER THAT THE OVERCOATS IN QUESTION WERE PART OF A SHIPMENT PURCHASED BY THE GOVERNMENT IN FEBRUARY 1942 AND THAT THE WATERVLIET ARSENAL AS A MATTER OF POLICY HAS BEEN ISSUING TO ITS CIVILIAN GUARDS THESE OVERCOATS TO SUPPLEMENT UNIFORMS PURCHASED AT THEIR OWN EXPENSE AND THAT THE OVERCOATS ARE WORN ONLY DURING DUTY HOURS. ALSO, IT IS REPORTED THEREIN THAT THE PURCHASE OF THE OVERCOATS UNDER PRESENT REGULATIONS OF THE DEPARTMENT OF THE ARMY IS PROHIBITED AS A MATTER OF POLICY. ENDORSEMENT OF THE ASSISTANT CHIEF OF ORDNANCE WHILE CONFIRMING SUCH STATEMENT OF POLICY OF THE DEPARTMENT REPORTS THAT THERE IS NO POLICY OR REGULATION WHICH WOULD PROHIBIT THE ISSUANCE AND MAINTENANCE OF THESE ARTICLES ON HAND SINCE THE USE OF THESE COATS UNTIL THE SUPPLY IS EXHAUSTED WOULD APPEAR TO BE FOR THE BEST INTERESTS OF THE GOVERNMENT AND RECOMMENDS PAYMENT OF THE VOUCHER. THE PROVISIONS OF SECTION 13 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 809 ARE CITED AS STATUTORY AUTHORITY IN SUPPORT OF THE PROPOSED PAYMENT.

SECTION 13 OF THE ACT OF AUGUST 2, 1946, SUPRA, IS AS FOLLOWS:

"APPROPRIATIONS AVAILABLE FOR THE PROCUREMENT OF SUPPLIES AND MATERIAL OR EQUIPMENT SHALL BE AVAILABLE FOR THE PURCHASE AND MAINTENANCE OF SPECIAL CLOTHING AND EQUIPMENT FOR THE PROTECTION OF PERSONNEL IN THE PERFORMANCE OF THEIR ASSIGNED TASKS."

IN VIEW OF THE EXPLANATION FURNISHED THAT THE OVERCOATS IN QUESTION ARE ISSUED TO CIVILIAN GUARDS AND ARE WORN ONLY DURING DUTY HOURS, AND SINCE THEIR USE CAUSES THE WEARER TO BE READILY RECOGNIZED AS GUARDS MAKING THEIR PERFORMANCE OF OFFICIAL DUTY MORE EFFICIENT IT REASONABLY MAY BE CONCLUDED THAT THESE OVERCOATS ARE SPECIAL CLOTHING AND EQUIPMENT WITHIN THE MEANING OF THE PROVISIONS OF THE QUOTED SECTION ABOVE AND THAT THE FURNISHING OF SUCH UNIFORMS IS FOR THE PRIMARY BENEFIT OF THE GOVERNMENT. ALSO, AS THE APPROPRIATION WHICH IS PROPOSED TO BE CHARGED "ORDNANCE SERVICE AND SUPPLIES, ARMY 1950" IS AVAILABLE FOR THE PROCUREMENT OF SUPPLIES AND MATERIAL OR EQUIPMENT, THE QUOTED SECTION ABOVE APPEARS TO AFFORD A PROPER LEGAL BASIS FOR THE INCURRING OF COSTS INCIDENT TO THE MAINTENANCE OF THE CLOTHING IN QUESTION. ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.