B-167630-1, SEP 17, 1969

B-167630-1, SEP 17, 1969

CIVIL PAY - OVERSEAS - DEPENDENTS' EDUCATION DECISION REVIEWING INDEBTEDNESS FOR TUITION COSTS FOR EDUCATION OF CHILDREN AT AIR FORCE SCHOOL IN ANKARA, TURKEY. WHERE FAMILY OVERSEAS HAD CHILDREN EDUCATED AT AIR FORCE SCHOOL WHILE MOTHER WAS EMPLOYED AS CIVILIAN AT AIR FORCE INSTALLATION BUT FOR ONLY SHORT PERIOD FATHER WAS WITH NAVY AND THEN RETIRED TO WORK FOR PRIVATE FIRM AT OVERSEAS STATION, FATHER MUST BE CONSIDERED AS HEAD OF FAMILY UNDER DEPENDENT EDUCATION REGULATIONS AND THEREFORE CHARGE FOR TUITION IS PROPER EXCEPT FOR PERIOD FATHER WAS EMPLOYED WITH NAVY.

WE REFER TO YOUR LETTER OF JULY 17, 1969, REQUESTING REVIEW OF OFFICE SETTLEMENT OF APRIL 18, 1969, WHICH SUSTAINED THE ACTION OF THE AIR FORCE IN COLLECTION OF THE INDEBTEDNESS OF MR. THEODORE K. BATT, 2165 EUCALYPUS AVENUE, LONG BEACH, CALIFORNIA, REPRESENTING TUITION COSTS CHARGED TO HIM INCIDENT TO THE EDUCATION OF HIS CHILDREN AT THE AIR FORCE SCHOOL AT ANKARA, TURKEY.

WE HAVE OBTAINED AN ADDITIONAL REPORT FROM THE DEPARTMENT OF THE AIR FORCE CONCERNING THE AVERMENTS CONTAINED IN YOUR LETTER AND AFTER FULLY CONSIDERING THE ENTIRE MATTER HAVE CONCLUDED THAT OUR PREVIOUS ACTION UPON MR. BATT'S CLAIM WAS CORRECT EXCEPT WITH RESPECT TO THE TUITION WHICH HE WAS CHARGED DURING THE PERIOD HE WAS EMPLOYED BY THE DEPARTMENT OF NAVY.

IN SUCH CONNECTION WE HAVE ASCERTAINED INFORMALLY FROM THE DEPARTMENT OF NAVY THAT MR. BATT WAS EMPLOYED WITH THE LONG BEACH NAVAL SHIPYARD ON DETACHED SERVICE AT GOLCUK, TURKEY, FROM SEPTEMBER 1960 THROUGH OCTOBER 11, 1961, AT WHICH TIME HE VOLUNTARILY RETIRED FROM THE NAVY. ACCORDINGLY, WE ARE INSTRUCTING THE DEPARTMENT OF THE AIR FORCE TO REDUCE MR. BATT'S INDEBTEDNESS BY THE AMOUNT OF $315 COVERING THE PERIOD SEPTEMBER TO DECEMBER 1960, AND JANUARY TO JUNE 1961, PLUS A PRO RATA REDUCTION FOR THAT PORTION OF THE TUITION COVERING THE PERIOD COMMENCING WITH THE SCHOOL TERM BEGINNING IN SEPTEMBER 1961 TO THE DATE OF HIS RETIREMENT ON OCTOBER 11, 1961. THE DEPARTMENT IS BEING INSTRUCTED FURTHER TO REFUND TO MR. BATT ANY AMOUNTS HE HAS REPAID COVERING TUITION CHARGED FOR THESE PERIODS (SEPTEMBER 1960, TO JUNE 1961 AND SEPTEMBER 1961, TO OCTOBER 11, 1961).

THE AIR FORCE ALSO ADMITS THAT IT WAS IN ERROR IN STATING THAT IT WAS NOT UNTIL MAY OF 1967 THAT THE AIR FORCE LEARNED THAT MR. BATT WAS AN EMPLOYEE OF THE TUMPANE COMPAY. WHILE WE REGRET THIS ERROR, WE DO NOT CONSIDER IT TO HAVE ANY MATERIAL BEARING UPON THE ENTITLEMENT OF MR. BATT TO FREE TUITION FOR HIS CHILDREN. MOREOVER, ANY INFORMATION GIVEN MR. BATT BY MAJOR ROACH INDICATING HE WAS ENTITLED TO FREE TUITION IS CONSIDERED TO BE CONTRARY TO THE CONTROLLING REGULATIONS OF THE DEPARTMENT OF THE AIR FORCE WHICH REQUIRED THE CHILDREN TO HAVE BEEN DEPENDENTS OF A CIVILIAN EMPLOYEE OF THE AIR FORCE OR OF ANOTHER GOVERNMENT AGENCY. REGULATIONS FURTHER PROVIDE "IF BOTH PARENTS OF THE DEPENDENT ARE EMPLOYED, DEPENDENCY WILL DERIVE FROM THE HEAD OF THE FAMILY." UNDER THE CIRCUMSTANCES PRESENTED, IT IS OUR OPINION THAT MR. BATT WAS THE HEAD OF THE FAMILY AND THAT MRS. BATT, ALTHOUGH EMPLOYED BY THE AIR FORCE, WAS NOT ENTITLED TO TUITION ON ACCOUNT OF THEIR CHILDREN. SEE DECISION OF OCTOBER 29, 1963, B-152481, A COPY OF WHICH IS ENCLOSED.

ACCORDINGLY, EXCEPT AS TO THE EXTENT AS INDICATED ABOVE, THE PREVIOUS ACTION TAKEN BY OUR OFFICE IS SUSTAINED.