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B-193864 1 (1979-03-01)

handle is hein.gao/gaobabjmk0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-193864 March 1, 1979 The Honorable Frank Church United States Senate Dear Senator Church: We refer to your communication dated December 29, 1978, with enclosures, requesting a review of the claim submitted to the Department of the Air Force by Mr. Wayne B. Fagg, Superin- tendent, Minidoka County Schools, Rupert, Idaho. The school district has claimed reimbursement for part of the amount paid to Senior M Iaster Sergeant Daniel H. Harrison, USAF (Retired), incident to his employment by them as an instructor in the Air Force Junior Reserve Officers' Training Corps (JROTC) program. Sergeant Harrison was apparently employed as a JROTC instruc- tor by the school district in the summer of 1978. At that time he was still on active duty in a terminal leave status. He did not actually retire from active military service until November 1, 1978. The Air Force has declined to reimburse the school district for any amounts it paid to Sergeant Harrison prior to November 1, 1978, for the reason that he was on active duty until that date. In dis- allowing the school district's claim, Air Force authorities advised Mr. Fagg that the law permits such reimbursement only in the case of a retired service member employed as a JROTC instructor. Those authorities have also acknowledged, however, that the school dlstrict should have been notified in advance of Sergeant-Harrison's a( tive dut status and the financial consequences of employing him prior to his retirement date. They have admitted that their failure to provide such notice was a mistake, but have stated that the reim- bursement claimed may nevertheless not be paid, In his letters to the Air Force and to you, Mr. Fagg has expressed dissatisfaction with that result. In substance, he suggests that the disallowance of the school district's claim is based on a technicality and is not warranted under the circumstances. In addition, he notes that Air Force authorities have admitted making a mistake in the matter, and he states, Usually, when you make an error you pay the costs incurred. H-e has therefore, in effect, questioned the correctness of the action taken by the Air Force to deny the school district any reimbursement for amounts paid to Sergeant Harrison prior to November 1, 1978.

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