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B-184236 1 (1976-02-12)

handle is hein.gao/gaobadtgb0001 and id is 1 raw text is: 
                                         flu -428
                                 THE COMPTROLLER GENERAL
      DECISION                   OF THE UNITEC         STATES
                                 WAS,HINGTON, D.C. 205463



      FILE:     E-134-36               DATE:   FEB 1219T7

      MATTER OF:        3gt.             , USA?


      DIGEST:       . Air Force R3 eservee ember,
                       who was issued clothing to
                       Cnmplete _'s iniiel c!atkhlng issue
                       requireraents upon his recal to
                       extended active duty irn INGS and who-
                       ,lid net turn in clothtng, incidlent to his
                       discharge from- that duty for purpose
                       of enlistment in the, flegu1ar Air Force
                       in IS 9, i not entitled to an-iitial
                       clothing monetery allowance Pt that time
                       under the provisions of .rubarz-
                       graphs 30501(b) and 30511(a) of the
                       Department af Defense Ailitary P iy and
                       Allowances 2ntiti.e ents > anuaL,

                   P. K.h-re servi.ce member, who is not
                       entitled to payment of an tnifil clothing
                       nmonetary alowanice, may have relied on
                       erroneous advice by his superiors that he
                       was so entitled, such re!iance does not
                       afford a legal basis for entiltiert to
                       payntent from appropr-ated funds since
                       1t is well established that  n the zbsac-m
                       of specific statutory authority, the United
                       it, teS is not liable for th? erroneous advice of
S~its officers, agents, or vmplereea, e e though
                       committed in the performmce of their offi-cial
                       -Jovtes. See 53 Camp. -e s. 834 (1974) and
                       cases and decisions c-ited.

         'his action is in response to a letter dated Ju-ne ', 175, fro
      Staff Sergeant            ,    ySA F,              , wherein
      he requests reconsIderation of our Tran-sportation and .,.aimr-s ED ision
      settlement dated April 2., 17t5, which disallowed his clair for a
      initial clothing rnrsoetary allowance incident to his service intme
      United Stztes Air Force.
  he record shows, that b-v            rde No.  A-5 .ltd z-i        ,,
    1068, isstled by Bleadouartbrs.  .  2).1st 5ti' 1A.ry kirlift Group ,




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