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B-194600 OM, DEC 12, 1979

B-194600 OM Dec 12, 1979
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CLAIMS DIVISION: RETURNED IS FILE Z-2728184 FOR ISSUANCE OF A SETTLEMENT ALLOWING PAYMENT ON THE CLAIM OF GUNNERY SERGEANT L. SERGEANT WALKER WAS ON PERMANENT DUTY AT CAMP BUTLER. UPON REPORTING TO OKINAWA HE WAS NOT ISSUED A MEAL PASS. SINCE A MEAL PASS WAS NOT ISSUED SERGEANT WALKER ASSUMED HE WAS ON COMMUTED RATIONS AND BEGAN PURCHASING HIS MEALS FROM THE BASE APPROPRIATED FUNDS DINING FACILITIES. SERGEANT WALKER WAS AUTHORIZED AND BEGAN RECEIVING COMMUTED RATIONS ON SEPTEMBER 16. SUBSISTENCE ALLOWANCES ARE PAID PURSUANT TO 37 U.S.C. 402. IMPLEMENTING REGULATIONS ARE CONTAINED IN THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL. THE REGULATIONS PROVIDE THAT NORMALLY ENLISTED MEMBERS WILL BE SUBSISTED IN KIND BUT THAT ENLISTED PERSONNEL ON DUTY WHERE A GENERAL MESS IS OPERATED AND WHO ARE ASSIGNED TO SUBSIST THERE MAY BE AUTHORIZED TO MESS SEPARATELY AND BE PAID IN COMMUTED RATION.

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B-194600 OM, DEC 12, 1979

SUBJECT: CLAIM FOR REIMBURSEMENT FOR MEALS - GUNNERY SERGEANT L. P. WALKER, U.S.M.C., B-194600-O.M.

DIRECTOR, CLAIMS DIVISION:

RETURNED IS FILE Z-2728184 FOR ISSUANCE OF A SETTLEMENT ALLOWING PAYMENT ON THE CLAIM OF GUNNERY SERGEANT L. P. WALKER, U.S.M.C., FOR REIMBURSEMENT FOR MEALS PURCHASED WHILE AT CAMP BUTLER, OKINAWA, JAPAN, HIS PERMANENT DUTY STATION.

DURING THE PERIOD AUGUST 16, 1975, THROUGH SEPTEMBER 15, 1976, SERGEANT WALKER WAS ON PERMANENT DUTY AT CAMP BUTLER, OKINAWA, JAPAN. UPON REPORTING TO OKINAWA HE WAS NOT ISSUED A MEAL PASS. SINCE A MEAL PASS WAS NOT ISSUED SERGEANT WALKER ASSUMED HE WAS ON COMMUTED RATIONS AND BEGAN PURCHASING HIS MEALS FROM THE BASE APPROPRIATED FUNDS DINING FACILITIES. AFTER APPROXIMATELY 8 MONTHS HE RECEIVED HIS FIRST LEAVE AND EARNING STATEMENT AND DISCOVERED THAT HE HAD NOT BEEN DRAWING COMMUTED RATIONS. SUBSEQUENTLY, SERGEANT WALKER WAS AUTHORIZED AND BEGAN RECEIVING COMMUTED RATIONS ON SEPTEMBER 16, 1976.

SUBSISTENCE ALLOWANCES ARE PAID PURSUANT TO 37 U.S.C. 402. IMPLEMENTING REGULATIONS ARE CONTAINED IN THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL, PART 3, CHAPTER 1, AND MARINE CORPS ORDER (MCO) 10110.33A. THE REGULATIONS PROVIDE THAT NORMALLY ENLISTED MEMBERS WILL BE SUBSISTED IN KIND BUT THAT ENLISTED PERSONNEL ON DUTY WHERE A GENERAL MESS IS OPERATED AND WHO ARE ASSIGNED TO SUBSIST THERE MAY BE AUTHORIZED TO MESS SEPARATELY AND BE PAID IN COMMUTED RATION. ENTITLEMENT TO COMMUTED RATIONS DOES NOT COMMENCE UNTIL THE MEMBER HAS BEEN AUTHORIZED TO SUBSIST SEPARATELY. THE REGULATIONS PROVIDE FURTHER THAT THE COMMANDING OFFICER'S APPROVAL MAY NOT COVER A RETROACTIVE PERIOD PRIOR TO THE DATE AND HOUR THE REQUEST IS SUBMITTED. THEREFORE, THE PAYMENT OF COMMUTED RATIONS TO A MARINE CORPS ENLISTED MEMBER IS DEPENDENT UPON A SHOWING THAT HE NOT ONLY EXECUTED AN APPLICATION TO MESS SEPARATELY, BUT THAT SUCH REQUEST WAS APPROVED BY PROPER AUTHORITY PRIOR TO OR AT THE TIME OF THE PERIOD INVOLVED.

IN THE PRESENT SITUATION THERE IS NO RECORD OF SERGEANT WALKER EVER HAVING APPLIED FOR COMMUTED RATIONS FOR THE PERIOD IN QUESTION. MOREOVER, THE FACT THAT HE WAS AUTHORIZED TO DRAW COMMUTED RATIONS ON SEPTEMBER 16, 1976, DOES NOT ENTITLE HIM TO RECEIVE COMMUTED RATIONS FOR ANY PREVIOUS PERIODS. FURTHERMORE, THERE IS NO RECORD OF ANY DETERMINATIONS BY THE COMMANDING OFFICER THAT RATIONS IN KIND WERE UNAVAILABLE, THAT SERGEANT WALKER WAS ASSIGNED TO DUTY UNDER EMERGENCY CONDITIONS WHERE NO MESSING FACILITIES WERE AVAILABLE, OR THAT HE WAS ENTITLED TO MESS SEPARATELY. THEREFORE, SERGEANT WALKER IS NOT ENTITLED TO RECEIVE COMMUTED RATIONS FOR THE TIME PERIOD IN QUESTION.

WHILE SERGEANT WALKER IS NOT ENTITLED TO RECEIVE COMMUTED RATIONS THE FACT REMAINS THAT HE PAID FOR AND OBTAINED ALL OF HIS MEALS AT THE ENLISTED MEMBER'S DINING FACILITY AT CAMP BUTLER DURING THE ABOVE TIME PERIOD. THIS IS SUBSTANTIATED BY THE RECORDS OF THE APPROPRIATED FUND DINING FACILITIES OPERATED BY HEADQUARTERS AND SERVICE BATTALION, MARINE CORPS BASE, CAMP BUTLER. MARINE CORPS ORDER 10110.33A, PARA. 12, STATES THAT IT IS THE POLICY OF THE COMMANDANT OF THE MARINE CORPS THAT APPROPRIATED FUND DINING FACILITIES BE UTILIZED TO THE FULLEST EXTENT COMPATIBLE WITH ECONOMY AND EFFICIENCY PRIOR TO CONSIDERATION OF AUTHORIZING COMMUTED RATIONS. MOREOVER, MCO 10110.33A, PARA. 1, STATES THAT NORMALLY ENLISTED MEMBERS WILL BE SUBSISTED IN KIND. IN ACCORDANCE WITH THE ABOVE, NO CHARGE SHOULD HAVE BEEN MADE FOR THE MEALS CONSUMED BY SERGEANT WALKER SINCE HE WAS ENTITLED TO RATIONS IN KIND. IN SUCH CIRCUMSTANCES, HE IS ENTITLED TO A REFUND OF ANY AMOUNT PAID BY HIM FOR THOSE MEALS. SEE: B-182827-O.M., AUGUST 28, 1975; B-180884-O.M., MAY 13, 1975; B-167214, JUNE 26, 1969; B-166070, MARCH 27, 1969; B-161115, MAY 2, 1967.

THE FILE INCLUDES A COPY OF ABSTRACTS FROM THE RATION REGISTERS WHICH APPARENTLY SHOW THE MEALS THE MEMBER PAID FOR DURING MOST OF THE PERIOD IN QUESTION. REIMBURSEMENT MAY BE MADE FOR THE MEALS SHOWN ON THOSE ABSTRACTS.

ACCORDINGLY, SETTLEMENT SHOULD ISSUE ON THAT BASIS.

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