B-124519, JAN. 30, 1956

TO LIEUTENANT COLONEL E. C. ROGERS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

FURTHER REFERENCE IS MADE TO YOUR REQUEST OF FEBRUARY 10, 1955 FOR AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT OF A VOUCHER ATTACHED THERETO WHICH WAS FORWARDED HERE BY 3RD INDORSEMENT, FINEY 156/10, DATED JUNE 27, 1955, FROM THE OFFICE OF THE CHIEF OF FINANCE. THE VOUCHER INVOLVED 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, APO 164, 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 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 YOUR REQUEST INDICATES THAT THE PROPOSED PAYMENT WOULD EFFECT REIMBURSEMENT TO THE NONAPPROPRIATED SCHOOL FUND FOR THE COST OF PROVIDING SUBSTITUTE 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 APPROPRIATE FUND ACTIVITY, IT WAS NOT POSSIBLE TO EFFECT PAYMENT TO SUBSTITUTE TEACHERS FROM APPROPRIATED FUNDS AND, THEREFORE, NONAPPROPRIATED FUNDS WERE UTILIZED.

AS INDICATED IN OUR LETTER TO YOU OF AUGUST 9, 1955, WE FELT IT NECESSARY TO OBTAIN ADDITIONAL INFORMATION CONCERNING THE OPERATION OF THE SUBSTITUTE TEACHER PROGRAM BEFORE A DETERMINATION PROPERLY COULD BE MADE CONCERNING THE PROPOSED PAYMENT. WHILE IT APPEARS FROM THE INFORMATION FURNISHED PURSUANT TO THAT REQUEST THAT THE PROPOSED REIMBURSEMENT MIGHT OTHERWISE BE PROPER, THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, ADVISES BY LETTER OF JANUARY 10, 1956, THAT THE LIMITATION OF $235 IMPOSED BY SECTION 709 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1955, IS CONSIDERED BY THE DEPARTMENT OF DEFENSE 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.

ACCORDINGLY, ON THE PRESENT RECORD PAYMENT OF THE VOUCHER, WHICH IS RETURNED HEREWITH, IS NOT AUTHORIZED.