B-148890, AUG. 27, 1962

B-148890, AUG. 27, 1962

TO TECHNICAL SERGEANT DONALD F. GUNSAULS, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1962, REQUESTING RECONSIDERATION OF OUR DECISION OF JULY 17, 1962, B-148890, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR BASIC ALLOWANCE FOR SUBSISTENCE FOR THE PERIOD MARCH 22, 1958, TO JUNE 24, 1960.

THE DECISION OF JULY 17, 1962, WAS REACHED AFTER CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE, AND THE REQUIREMENTS OF THE APPLICABLE STATUTE AND REGULATIONS ISSUED PURSUANT TO THAT STATUTE, WITH RESPECT TO PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE TO ENLISTED PERSONNEL WHEN GRANTED PERMISSION TO MESS SEPARATELY, WERE FULLY OUTLINED IN THAT DECISION TO YOU. YOU STATE THAT WHILE YOU REALIZE NO ORDERS OR OTHER WRITTEN AUTHORIZATION ARE AVAILABLE, YOU FEEL THAT YOU HAVE SATISFACTORILY ESTABLISHED THE FACT THAT YOU DID APPLY FOR SEPARATE RATIONS AND DUE TO SOME TYPE OF ADMINISTRATIVE ERROR, WRITTEN ORDERS WERE NOT PUBLISHED. YOU ALSO CITE OUR DECISION, B-123769, JULY 18, 1955, WHICH YOU APPARENTLY BELIEVE FORMS A BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

AS WAS EXPLAINED TO YOU IN OUR PREVIOUS DECISION, UNDER THE STATUTORY AND REGULATORY PROVISIONS CITED THEREIN THE SEPARATE RATION ALLOWANCE IS NOT PAYABLE IN THE ABSENCE OF A SHOWING THAT THE ENLISTED PERSON WAS IN FACT AUTHORIZED BY THE INSTALLATION COMMANDER, PRIOR TO THE PERIOD INVOLVED, TO MESS SEPARATELY. WHILE THE RECORD INDICATED THAT YOU HAD SUBMITTED AN APPLICATION FOR SEPARATE RATIONS WHICH WAS APPROVED BY YOUR SQUADRON COMMANDER, THERE WAS NO EVIDENCE FROM AN OFFICIAL SOURCE AFFIRMATIVELY SHOWING THAT YOUR REQUEST WAS SUBSEQUENTLY APPROVED BY THE INSTALLATION COMMANDER AT HAMILTON AIR FORCE BASE, OR HIS DESIGNATED REPRESENTATIVE, OR THAT ORDERS WERE EVER ISSUED GRANTING SUCH PERMISSION FOR THE PERIOD MARCH 22, 1958, TO JUNE 24, 1960. YOUR LETTER CONTAINS NO NEW OR MATERIAL EVIDENCE NOT PREVIOUSLY CONSIDERED BY US. THUS, IN THE ABSENCE OF A WRITTEN AUTHORIZATION BY THE INSTALLATION COMMANDER AT HAMILTON AIR FORCE BASE -- OR OF A VERBAL AUTHORIZATION CONFIRMED IN WRITING WITHIN A REASONABLE TIME--- SHOWING THAT YOU WERE AUTHORIZED BY HIM (OR HIS DESIGNEE) TO RATION SEPARATELY DURING THE PERIOD INVOLVED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

THE DECISION CITED BY YOU, B-123769, JULY 18, 1955, IN WHICH IT WAS CONCLUDED THAT UNDER THE FACTS SHOWN THE MEMBER WAS ENTITLED TO SEPARATE RATIONS AS CLAIMED, CONCERNED THE RIGHT OF THE MEMBER TO CREDIT FOR SEPARATE RATIONS UNDER ORAL PERMISSION TO MESS SEPARATELY CONFIRMED BY WRITTEN ORDERS OF THE SAME PROPER AUTHORITY APPROXIMATELY FOUR MONTHS LATER. CLEARLY, THAT CASE INVOLVED FACTS MATERIALLY DIFFERENT FROM THOSE IN YOUR CASE AND, HENCE, AFFORDS NO BASIS FOR AN ACTION DIFFERENT THAN THAT PREVIOUSLY TAKEN BY US ON YOUR CLAIM.