B-152152, SEP. 10, 1963

B-152152, SEP. 10, 1963

TO COLONEL STANLEY E. JACOBS, USA:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 23, 1963, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF GRADUATE TRAINING EXPENSES TOTALING $210.38. YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 9, 1959, FOR THE REASON THAT THE RECORD SHOWED THAT THE EXPENSES WERE NOT INCURRED AS THE RESULT OF THE PREPARATION OF AN AUTHORIZED THESIS, AS PROVIDED IN SR 350- 230-20, DATED APRIL 15, 1949.

IT APPEARS FROM THE DOCUMENTS SUBMITTED WITH YOUR CLAIM THAT YOU WERE SENT TO THE UNIVERSITY OF MINNESOTA FOR GRADUATE TRAINING IN PERSONNEL MANAGEMENT UNDER THE PROVISIONS OF WD CIRCULAR 116, DATED MAY 7, 1947; THAT YOU BEGAN TRAINING IN SEPTEMBER 1948; THAT YOU RECEIVED A MASTER'S DEGREE IN 1948, AND THAT THE MASTER'S DEGREE THESIS EXPENSE WAS PAID BY THE GOVERNMENT. IT APPEARS ALSO THAT YOUR TRAINING WAS EXTENDED FOR AN ADDITIONAL YEAR IN SEPTEMBER 1949; THAT THIS ADDITIONAL TRAINING WAS TO TERMINATE IN SEPTEMBER 1950; THAT IN JANUARY 1950 YOUR FACULTY ADVISOR RECOMMENDED THAT TRAINING BE EXTENDED AN ADDITIONAL 4 MONTHS TO JANUARY 1951, SO THAT YOU MIGHT OBTAIN A PH.D. DEGREE IN PERSONNEL PSYCHOLOGY, AND THAT THE RECOMMENDATION WAS APPROVED AND THE ADDITIONAL 4 MONTHS' TRAINING WAS AUTHORIZED ON APRIL 27, 1950. FURTHER, IT IS DISCLOSED THAT THE AUTHORIZATION OF 4 ADDITIONAL MONTHS' TRAINING WAS RESCINDED BY LETTER DATED AUGUST 31, 1950, DUE TO DISCONTINUANCE OF TRAINING OF ADJUTANT GENERAL CORPS OFFICERS IN CIVILIAN INSTITUTIONS BECAUSE OF THE KOREAN SITUATION; THAT BY PARAGRAPH 8, SPECIAL ORDERS NO. 171, DATED SEPTEMBER 1, 1950, YOU WERE RELIEVED FROM DUTY IN THE STUDENT DETACHMENT, FIFTH ARMY, AND ASSIGNED TO DUTY WITH THE ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C.; THAT YOU THEREAFTER COMPLETED THE REQUIREMENTS FOR YOUR PH.D. ON YOUR OWN INITIATIVE, AND THAT YOU PAID THE REGISTRATION FEE FOR THE WINTER QUARTER, 1952, AND TOOK AN ORAL EXAMINATION WHILE ON OFFICIAL LEAVE.

IN YOUR REQUEST FOR REVIEW OF YOUR CLAIM YOU PRESENT NO NEW BASIS FOR PAYMENT, BUT RELY ON THE STATEMENT AND PAPERS ACCOMPANYING YOUR ORIGINAL CLAIM. IN YOUR ORIGINAL STATEMENT YOU STATE THAT EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED FALL INTO TWO CATEGORIES: (1) THOSE INCURRED FOR TYPING, BINDING AND MICROFILMING THE THESIS, REGISTRATION FEE FOR 1952 WINTER QUARTER, AND GRADUATION FEE, ALL REQUIRED BY THE UNIVERSITY, AND (2) COST OF TEXTBOOKS INCURRED IN JULY AND AUGUST 1951. THE CLAIM FOR COST OF TEXTBOOKS IS ASSERTED UNDER SR 350-230-20, DATED AUGUST 30, 1951, WHICH YOU STATE APPROVES REIMBURSEMENT FOR TEXTBOOKS USED DURING THE FISCAL YEAR 1951. YOU ALSO URGE THAT THE ARMY HAD A BENEFICIAL INTEREST IN YOUR THESIS, A COPY BEING RETAINED FOR STUDY BY THE ARMY CHIEF OF STAFF, G3, AND THAT INSOFAR AS YOUR PH.D. WAS CONCERNED, THE ARMY ALSO PROFITED, SINCE AS A RESULT THEREOF YOU WERE SUBSEQUENTLY ASSIGNED POSITIONS OF INCREASED IMPORTANCE, THE DOCTORATE BEING AN IMPORTANT FACTOR INFLUENCING YOUR SELECTION.

WHATEVER MAY HAVE TRANSPIRED AFTER SEPTEMBER 1, 1950, WITH REGARD TO THE EXPENSES INCURRED IN CONNECTION WITH YOUR OBTAINING YOUR PH.D. DEGREE, THE FACT REMAINS THAT THE AUTHORIZATION FROM THE GOVERNMENT FOR YOUR STUDIES AND THE OBTAINING OF A PH.D. DEGREE WAS TERMINATED ON AUGUST 31, 1950. INSOFAR AS THE GOVERNMENT IS CONCERNED, IT APPEARS THAT ITS INTEREST IN YOUR AFFILIATION WITH THE UNIVERSITY OF MINNESOTA ENDED WITH YOUR RELIEF FROM DUTY WITH THE STUDENT DETACHMENT, FIFTH ARMY, AND YOUR ASSIGNMENT AND DIRECTION TO REPORT TO THE ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C. IN SUCH CIRCUMSTANCES THERE IS NO BASIS FOR THE PAYMENT BY THE GOVERNMENT OF YOUR EXPENSES INCURRED IN PREPARING YOUR THESIS AND IN OBTAINING YOUR PH.D. DEGREE.

AS TO THE CLAIM FOR REIMBURSEMENT OF COST OF TEXTBOOKS, YOU CITE SR 350- 230-20, DATED AUGUST 30, 1951, AND STATE THAT IT PROVIDES FOR PAYMENT FOR TEXTBOOKS OBTAINED IN FISCAL YEAR 1951.

PARAGRAPH 10A, SR 350-230-20, AUGUST 30, 1951, PROVIDES AS FOLLOWS:

"10. ELIGIBILITY.--- A. ARMY OFFICER STUDENTS WHO ARE ENROLLED IN PRESCRIBED COURSES OF 5 OR MORE MONTHS' DURATION AT CIVILIAN EDUCATIONAL INSTITUTIONS ARE ELIGIBLE FOR REIMBURSEMENT FOR TEXTBOOKS AND EXPENDABLE SUPPLIES USED DURING THE CURRENT FISCAL YEAR. REIMBURSEMENT WILL NOT BE MADE FOR SERVICES PERFORMED FOR SUCH OFFICERS.'

THE CURRENT FISCAL YEAR AT THE PROMULGATION OF THESE REGULATIONS WAS FROM JULY 1, 1951, THROUGH JUNE 30, 1952, A PERIOD SUBSEQUENT TO THE PERIOD IN WHICH IT IS STATED THE BOOKS WERE PURCHASED. SR 350-230 20, DATED APRIL 15, 1949, IN EFFECT PRIOR TO THE ABOVE, CONTAINED NO AUTHORITY FOR REIMBURSEMENT FOR TEXTBOOKS.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT OF FEBRUARY 9, 1959, IS SUSTAINED.