B-124519, MAY 20, 1957

B-124519, MAY 20, 1957

TO LIEUTENANT COLONEL F. M. SETZER, JR.:

BY 6TH INDORSEMENT FINEY 156/3, DATED MARCH 22, 1957, THE OFFICE, CHIEF OF FINANCE FORWARDED TO US YOUR REQUEST OF DECEMBER 3, 1956, FOR RECONSIDERATION OF OUR DECISION OF JANUARY 30, 1956, B-124519, IN WHICH IT WAS HELD THAT PAYMENT ON THE VOUCHER INVOLVED WAS NOT AUTHORIZED. THE VOUCHER, WHICH IS RESUBMITTED WITH YOUR REQUEST, IS STATED IN THE AMOUNT OF $23,068.75 IN FAVOR OF THE CUSTODIAN, SCHOOL FUND, DEPENDENTS SCHOOL DETACHMENT, DEPENDENTS EDUCATION GROUP, 7755 ARMY UNIT, APO164, AND IS PROPOSED TO BE CHARGED TO THE APPROPRIATION "MAINTENANCE AND OPERATIONS, ARMY, 1955.'

UNDER SECTION 709 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1955, PUBLIC LAW 458, 83D CONGRESS, 68 STAT. 351, APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE ARE AVAILABLE FOR PRIMARY AND SECONDARY EDUCATION OF DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE WHO ARE STATIONED IN FOREIGN COUNTRIES IN AMOUNTS NOT EXCEEDING AN AVERAGE OF $235 PER STUDENT. THE FILE ACCOMPANYING THE ORIGINAL REQUEST INDICATED THAT THE PROPOSED PAYMENT WOULD EFFECT REIMBURSEMENT TO THE NONAPPROPRIATED SCHOOL FUND FOR THE COST OF PROVIDING SUBSTITUTE TEACHERS. ALSO, IT WAS EXPLAINED THAT, ALTHOUGH THE SUBSTITUTE TEACHER PROGRAM IS CONSIDERED TO BE AN APPROPRIATED FUND ACTIVITY, IT WAS NOT POSSIBLE TO EFFECT PAYMENT TO SUBSTITUTE TEACHER FROM APPROPRIATED FUNDS AND, THEREFORE, NONAPPROPRIATED FUNDS WERE UTILIZED.

WE SAID IN OUR DECISION OF JANUARY 30, 1956, THAT WHILE IT APPEARED FROM THE INFORMATION FURNISHED THAT THE PROPOSED REIMBURSEMENT MIGHT OTHERWISE BE PROPER, THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, HAD ADVISED BY LETTER DATED JANUARY 10, 1956, THAT THE LIMITATION OF $235 IMPOSED BY SECTION 709 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1955, IS CONSIDERED BY THAT DEPARTMENT AS AN OVER-ALL LIMITATION ON THE COST OF DEPENDENTS' EDUCATION IN OVERSEAS AREAS; THAT THE DEPARTMENT OF DEFENSE ESTABLISHES SEPARATE LIMITATIONS FOR EACH OF THE MILITARY DEPARTMENTS, THE LIMITATION FOR THE DEPARTMENT OF THE ARMY FOR ARMY OPERATED SCHOOLS BEING $228.66 FOR THE INVOLVED PERIOD; AND THAT PAYMENT OF THE VOUCHER FROM APPROPRIATED FUNDS APPARENTLY WOULD RESULT IN EXCEEDING THE DEPARTMENT OF THE ARMY LIMITATION FOR ARMY OPERATED SCHOOLS. THEREFORE, WE REFUSED TO AUTHORIZE PAYMENT OF THE VOUCHER.

IT NOW APPEARS THAT THE STATEMENT OF THE ADJUTANT GENERAL TO THE EFFECT THAT PAYMENT OF THE VOUCHER IN QUESTION FROM APPROPRIATED FUNDS APPARENTLY WOULD RESULT IN EXCEEDING THE DEPARTMENT OF THE ARMY PER PUPIL LIMITATION ($228.66) FOR ARMY OPERATED SCHOOLS WAS BASED UPON THE ASSUMPTION THAT THE AMOUNT OF THE VOUCHER WAS NOT INCLUDED IN THE OBLIGATIONS REPORTED FOR FISCAL YEAR 1955 FOR ARMY OPERATED SCHOOLS OVERSEAS AND WOULD HAVE TO BE ADDED THERETO. HOWEVER, THE MATTER WAS SUBSEQUENTLY REVIEWED AND THE RECORD (5TH INDORSEMENT, DATED JANUARY 24, 1957) NOW DISCLOSES THAT THE AMOUNT OF THE VOUCHER IN QUESTION WAS INCLUDED IN FISCAL YEAR 1955 OBLIGATIONS FOR SUCH SCHOOLS. HENCE, PAYMENT OF LIQUIDATION OF THE VOUCHER WOULD NOT APPEAR TO AFFECT THE TOTAL OBLIGATIONS FOR THAT FISCAL YEAR FOR ARMY OPERATED SCHOOLS OVERSEAS. MOREOVER, THE RECORD NOW DISCLOSES (AND IT IS SO STATED IN A COMMUNICATION DATED MARCH 5, 1957, SIGNED FOR THE ADJUTANT GENERAL) THAT THE ACTUAL OBLIGATIONS (AS ADJUSTED) OF FISCAL YEAR 1955 FUNDS FOR ARMY OPERATED SCHOOLS ARE $32,630 BELOW THE PER PUPIL LIMITATION ON AARMY-WIDE BASIS. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.