B-167774, OCT. 31, 1969

B-167774, OCT. 31, 1969

RATION COMMUTATION PAYMENTS--AUTHORIZATION--FAILURE OF COMMANDING OFFICER AIR FORCE MEMBER'S CLAIM FOR SEPARATE RATION ALLOWANCE, PREVIOUSLY DISALLOWED FOR RECORD'S FAILURE TO EVIDENCE AUTHORIZATION BY PROPER AUTHORITY FOR MEMBER TO MESS SEPARATELY OR ANY OFFICIAL DOCUMENTS SUPPORTING CLAIM, IS AGAIN DENIED, AS NO FAVORABLE ACTION MAY BE TAKEN UNTIL IT IS ESTABLISHED MEMBER WAS GIVEN OFFICIAL PERMISSION TO MESS SEPARATELY BY OFFICER VESTED WITH AUTHORITY TO GRANT SUCH PERMISSION; IF OFFICER'S STATEMENT FURNISHED IS ACCEPTED AS ESTABLISHING THAT HE VERBALLY AUTHORIZED CLAIMANT TO MESS SEPARATELY, FACT REMAINS THAT NO INFORMATION HAS BEEN FURNISHED SHOWING AUTHORITY HAD BEEN DELEGATED TO OFFICER TO PERMIT ENLISTED MEN TO MESS SEPARATELY, AND IN SUCH CIRCUMSTANCES NO AUTHORITY EXISTS FOR PAYMENT OF CLAIM.

TO SENIOR MASTER SERGEANT WALTER WANZENRIED:

REFERENCE IS MADE TO A LETTER DATED AUGUST 13, 1969, FROM CAPTAIN EDWIN H. BALCH, USAF, ASSISTANT STAFF JUDGE ADVOCATE, FAIRCHILD AIR FORCE BASE, WASHINGTON, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR SEPARATE RATION ALLOWANCE.

YOU STATED IN YOUR CLAIM THAT WHEN YOU ARRIVED AT FAIRCHILD AIR FORCE BASE FROM A TOUR OF DUTY IN SOUTHEAST ASIA AND REPORTED TO THE 92D SECURITY POLICE SQUADRON ON JANUARY 7, 1967, YOU WERE IMMEDIATELY ASSIGNED QUARTERS FOR YOU AND YOUR DEPENDENTS, BUT THAT AN AF FORM 220, REQUEST FOR BASIC ALLOWANCE FOR SUBSISTENCE, WAS NOT "INITIATED" AT THAT TIME. ALSO, YOU SAY THAT SINCE WHILE SERVING OUTSIDE THE UNITED STATES YOU HAD BEEN RECEIVING CERTAIN OTHER ALLOWANCES WHICH WERE NOT PAYABLE IN THE UNITED STATES, YOU DID NOT REALIZE RIGHT AWAY THAT YOU WERE NOT RECEIVING SUBSISTENCE ALLOWANCE. YOU HAVE NOT BEEN CREDITED WITH THAT ALLOWANCE (SEPARATE RATIONS) BETWEEN JANUARY 7, 1967, AND SEPTEMBER 30, 1968.

AN INVESTIGATION WHICH WAS CONDUCTED FAILED TO REVEAL A REQUEST FOR SEPARATE RATIONS, OR ANY OTHER OFFICIAL DOCUMENTS TO SUPPORT YOUR CLAIM. HENCE, IT WAS DISALLOWED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED JULY 28, 1969, FOR THE REASON THAT THERE IS NO RECORD OF ANY EVIDENCE THAT YOU WERE AUTHORIZED BY THE PROPER AUTHORITY TO MESS SEPARATELY.

YOU HAVE FURNISHED A STATEMENT DATED MAY 2, 1969, SIGNED BY LIEUTENANT COLONEL ERIC COURTNEY, USAF, RETIRED, IN WHICH HE AVERS THAT AS COMMANDER OF THE 92D COMBAT DEFENSE SQUADRON AT YOUR NEW STATION HE INTERVIEWED YOU ON JANUARY 10, 1967, AND INFORMED YOU THAT YOU WERE "QUALIFIED TO RECEIVE SEPARATE RATIONS AND THE NECESSARY PAPERWORK WOULD BE INITIATED.'

SECTION 402 (B), TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS TO ENLISTED MEMBERS OF THE ARMED SERVICES "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' PARAGRAPH 10425 (B), AFM 177-105, CHANGE 14, JUNE 15, 1966, IN EFFECT AT THE TIME OF YOUR ASSIGNMENT TO THE 92D SECURITY POLICE SQUADRON, PROVIDES THAT PERMISSION TO MESS SEPARATELY MAY BE GRANTED BY THE COMMANDER OF ONE OF THE MAJOR COMMANDS THERE LISTED OR THAT SUCH AUTHORITY MAY BE REDELEGATED TO SQUADRON COMMANDERS.

NO FAVORABLE ACTION MAY BE TAKEN ON YOUR CLAIM UNTIL IT IS ESTABLISHED THAT YOU WERE GIVEN OFFICIAL PERMISSION TO MESS SEPARATELY BY AN OFFICER TO WHOM SUCH AUTHORITY HAD BEEN PROPERLY DELEGATED. IF COLONEL COURTNEY'S STATEMENT OF MAY 2, 1969, IS ACCEPTED AS ESTABLISHING THAT HE VERBALLY AUTHORIZED YOU TO MESS SEPARATELY, YOUR ATTENTION IS INVITED TO THE FACT THAT NO INFORMATION HAS BEEN FURNISHED WHICH SHOWS THAT AUTHORITY HAD BEEN DELEGATED TO HIM TO PERMIT ENLISTED MEN TO MESS SEPARATELY. IN SUCH CIRCUMSTANCES, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JULY 28, 1969, IS SUSTAINED.