B-121360, MAR 16, 1955

B-121360, MAR 16, 1955

PRECIS-UNAVAILABLE

MAJOR A. E. GATES, JR., USAF:

REFERENCE IS MADE TO YOUR COMMUNICATION OF JUNE 30, 1954, FORWARDED WITH LETTER FROM THE DEPUTY DIRECTOR OF FINANCE, USAF, DATED AUGUST 30, 1954, SUBMITTING TWO VOUCHERS IN FAVOR OF PENSIONNAT INTERNATIONAL DE JEUNES FILLES, LA CHASSOTTE, FRIBOURG (SUISSE), AND REQUESTING A DECISION ON THE PROPRIETY OF PAYING THEM. ONE OF THE VOUCHERS COVERS TUITION CHARGES FOR THE DEPENDENT DAUGHTER OF COLONEL MILES A. CONNOR AND THE OTHER COVERS SIMILAR CHARGES FOR THE DEPENDENT DAUGHTER OF CAPTAIN WILLIAM D. HUSTED.

EACH OF THE VOUCHERS IS STATED IN THE AMOUNT OF $225 AND IS SUPPORTED BY A STATEMENT OF ACCOUNT FROM THE SCHOOL, APPARENTLY ISSUED ON OCTOBER 21, 1953, WHICH INCLUDES AN ITEM COVERING TUITION CHARGES FOR THE PERIOD FROM SEPTEMBER 22, 1953, TO JULY 10, 1954. EACH OF THE VOUCHERS IS SUPPORTED, ALSO, BY (1) A CERTIFICATE DATED JANUARY 5, 1954, EXECUTED BY LIEUTENANT HERMAN M. HARRIS, USAF, INFORMATION AND EDUCATION OFFICER, REQUESTING A CONTRACT FOR THE SCHOOLING OF THE DEPENDENT INVOLVED, AND (2) A "CONFIRMING" PURCHASE ORDER, COVERING THE TUITION CHARGES, ALSO DATED JANUARY 5, 1954. COLONEL CONNOR AND CAPTAIN HUSTED APPEAR TO HAVE BEEN MEMBERS OF THE 81ST FIGHTER INTERCEPTOR WING, USAF, STATIONED IN ENGLAND DURING THE PERIOD INVOLVED.

THE AUTHORITY FOR PAYMENT OF THE COST OF EDUCATION OF DEPENDENTS OF MILITARY PERSONNEL FOR THE FISCAL YEAR 1954 IS CONTAINED IN SECTION 614 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, 67 STAT. 351, WHICH IS, IN PERTINENT PART, AS FOLLOWS:

"APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE CURRENT FISCAL YEAR SHALL BE AVAILABLE (A) EXCEPT AS AUTHORIZED BY THE ACT OF SEPTEMBER 30, 1950 (20 U.S.C. 236-244), FOR PRIMARY AND SECONDARY SCHOOLING FOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES, AS AUTHORIZED FOR THE NAVY BY SECTION 13 OF THE ACT OF AUGUST 2, 1946 (5 U.S.C. 421D) IN AMOUNTS NOT EXCEEDING AN AVERAGE OF $225 PER STUDENT, WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY, ARE UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS; ***"

SECTION 13 OF THE ACT OF AUGUST 6, 1946, 60 STAT. 854, PROVIDES:

"THE SECRETARY OF THE NAVY MAY, OUT OF FUNDS SPECIFICALLY APPROPRIATED FOR THAT PURPOSE, CONTRIBUTE TO THE SUPPORT OF SCHOOLS IN LOCALITIES WHERE NAVAL ACTIVITIES ARE LOCATED IF HE FINDS THAT THE SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY ARE NOT ADEQUATE FOR THE WELFARE OF DEPENDENTS OF PERSONNEL OF THE NAVAL ESTABLISHMENT STATIONED AT THE ACTIVITY, AND MAY PROVIDE FOR THE TRANSPORTATION OF SUCH DEPENDENTS BETWEEN THE SCHOOLS AND THE ACTIVITIES WHEN SUCH SCHOOLS ARE NOT ACCESSIBLE TO SUCH DEPENDENTS BY REGULAR MEANS OF TRANSPORTATION."

SUCH PROVISIONS AUTHORIZE THE SECRETARY CONCERNED TO CONTRIBUTE TO THE SUPPORT OF SCHOOLS IN ANY LOCALITY WHERE A MILITARY OR NAVAL ACTIVITY IS SITUATED WHEN HE FINDS THAT THE SCHOOLS AVAILABLE IN THE LOCALITY ARE INADEQUATE FOR THE WELFARE OF DEPENDENTS OF SERVICE PERSONNEL STATIONED AT THAT ACTIVITY. THEY DO NOT APPEAR TO CONTEMPLATE "SUPPORT" FOR OR PAYMENTS TO A SCHOOL NOT LOCATED IN THE GENERAL AREA OF THE DUTY STATION AND NOT OTHERWISE ABLE OR EQUIPPED TO PROVIDE EDUCATIONAL FACILITIES IN SUCH AREA. THE APPARENT PURPOSE OF THE LEGISLATION IS TO SUPPLEMENT, WHEREVER NECESSARY, INADEQUATE LOCAL SCHOOLING FACILITIES SO THAT CHILDREN LIVING AT THE DUTY STATION WITH THEIR PARENTS MAY RECEIVE NORMAL EDUCATIONAL ADVANTAGES. IT CONTEMPLATES, TO ACCOMPLISH THAT PURPOSE, THAT ANY NECESSARY AGREEMENTS OR ARRANGEMENTS WITH SCHOOLS, IN CONNECTION WITH THE EDUCATION OF DEPENDENTS, SHALL BE MADE BY APPROPRIATE ADMINISTRATIVE OFFICERS AFTER A PROPER DETERMINATION HAS BEEN MADE BY THE SECRETARY CONCERNED THAT EXISTING LOCAL FACILITIES ARE NOT ADEQUATE. SEE 33 COMP. GEN. 399.

THE SUBMITTED VOUCHERS ARE NOT SUPPORTED BY EVIDENCE SHOWING THAT THERE HAS BEEN A DETERMINATION BY COMPETENT AUTHORITY, AS CONTEMPLATED BY THE PROVISIONS OF SECTION 13 OF THE ACT OF AUGUST 2, 1946, AND THE QUOTED APPROPRIATION ACT, THAT SCHOOLS IN THE LOCALITY OF THE DUTY STATION OF COLONEL CONNOR AND CAPTAIN HUSTED IN ENGLAND DID NOT PROVIDE ADEQUATE FACILITIES FOR THE EDUCATION OF THEIR DEPENDENTS. IN THE ABSENCE OF SUCH EVIDENCE NO PAYMENT, UNDER SUCH PROVISIONS, MAY BE APPROVED. HOWEVER, REGARDLESS OF THAT CONSIDERATION, IT DOES NOT APPEAR THAT FOR THE PURPOSES HERE INVOLVED, THE SCHOOL IN SWITZERLAND, IN WHOSE FAVOR THE VOUCHERS ARE STATED, IS A SCHOOL OF THE NATURE CONTEMPLATED IN SUCH STATUTORY PROVISIONS, IT NOT BEING LOCATED OR PROVIDING SCHOOLING FACILITIES IN THE AREA OF THE OFFICERS' DUTY STATION IN ENGLAND. IT IS CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF THE VOUCHERS AND THEY WILL BE RETAINED IN THIS OFFICE.