B-131065, MAY 7, 1957

B-131065, MAY 7, 1957

TO COLONEL EARLE B. NICHOLS, U.S. ARMY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 31, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 14, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $270.55 PAID BY YOU TO COURS MARYMOUNT, NEUILLY, S/SEINE, FRANCE, AS TUITION FOR YOUR DAUGHTER, BARBARA, FOR THE SCHOOL TERM EXTENDING FROM OCTOBER 3, 1951, TO JULY 3, 1952, WHILE YOU WERE STATIONED IN PARIS, FRANCE.

IN THE PRESENTATION OF YOUR CLAIM YOU STATED THAT UPON DISCOVERY THAT THE PARIS AMERICAN SCHOOL PROBABLY WOULD NOT AFFORD THE COURSES PREREQUISITE TO YOUR DAUGHTER'S COLLEGE ENTRANCE IN THE FALL OF 1952, YOU SURVEYED OTHER SCHOOLS IN THE PARIS AREA WHICH WOULD FIT YOUR REQUIREMENTS AND FINALLY SELECTED MARYMOUNT. IN LETTER DATED JUNE 18, 1952, TO THE COMMANDING OFFICER, 7961ST EUROPEAN COMMAND DETACHMENT, APO 58, YOU REQUESTED THAT REFUND OF THE TUITION PAID TO THAT SCHOOL BE MADE ON THE BASIS THAT THE AMERICAN SCHOOL WAS UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATIONAL NEEDS OF YOUR DAUGHTER.

AUTHORITY FOR PROVIDING SCHOOLING FOR DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL OF THE ARMY STATIONED IN FOREIGN COUNTRIES DURING THE PERIOD INVOLVED WAS CONTAINED IN SECTION 616 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1952, 65 STAT. 446. THAT SECTION MADE ARMY APPROPRIATIONS AVAILABLE FOR SUCH SCHOOLING WHEN THE SECRETARY OF THE ARMY "FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY ARE UNABLE TO PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS.' THOSE PROVISIONS CLEARLY CONTEMPLATED THAT AN ADMINISTRATIVE DETERMINATION BE MADE AS TO THE ADEQUACY OF LOCAL EDUCATIONAL FACILITIES AND, WHERE FOUND INADEQUATE, THAT ARRANGEMENTS BE MADE BY ADMINISTRATIVE OFFICIALS BY AGREEMENT WITH EDUCATIONAL INSTITUTIONS TO REMEDY THE DEFICIENCY. THERE WAS NO PROVISION ENABLING A PARENT, WITHOUT PRIOR ADMINISTRATIVE AUTHORIZATION, TO OBLIGATE THE GOVERNMENT BY ENTERING INTO A PRIVATE AGREEMENT WITH AN EDUCATIONAL INSTITUTION FOR THE SCHOOLING OF HIS DEPENDENTS. NOTHING HAS BEEN FOUND IN APPLICABLE ADMINISTRATIVE REGULATIONS (ARMY REGULATIONS NO. 350-950, DECEMBER 20, 1949) WHICH COULD BE CONSTRUED AS ANTICIPATING OR AUTHORIZING YOUR ACTION IN ENROLLING YOUR DAUGHTER IN MARYMOUNT ON THE BASIS OF A PRIVATE AGREEMENT BETWEEN YOU AND THE OFFICIALS OF THAT SCHOOL. IT MUST BE CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM FROM PUBLIC FUNDS. SEE IN THAT CONNECTION DECISION OF MARCH 24, 1954, B-117922, COPY ENCLOSED. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 14, 1953, IS SUSTAINED.