B-166070, MAR. 27, 1969

B-166070, MAR. 27, 1969

TO MR. RASHIDUL Z. CHOUDHRY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 17, 1969, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED DECEMBER 9, 1968, RELATING TO YOUR CLAIM FOR SEPARATE RATION ALLOWANCE WHICH WAS ALLOWED FOR THE PERIOD OCTOBER 1, 1966, TO NOVEMBER 27, 1966, BUT WAS DISALLOWED FOR THE PERIOD NOVEMBER 28, 1966,TO JANUARY 22, 1967.

THE RECORD INDICATES THAT EFFECTIVE OCTOBER 1, 1966, YOUR SQUADRON COMMANDER APPROVED YOUR REQUEST TO RATION SEPARATELY, WHICH REQUEST WAS BASED ON YOUR RELIGIOUS BELIEFS. DUE TO THE UNUSUAL NATURE OF THE REQUEST, THE MATTER WAS REFERRED TO THE BASE COMMANDER ON NOVEMBER 10, 1966, FOR REVIEW, BY THE BASE ACCOUNTING AND FINANCE OFFICE. ON NOVEMBER 28, 1966, THE BASE COMMANDER DISAPPROVED YOUR REQUEST. IT APPEARS THAT YOU WERE PAID LEAVE RATIONS DURING THE PERIOD JANUARY 4 TO 16, 1967.

YOU CONTEND THAT WHILE THE BASE COMMANDER DISAPPROVED YOUR REQUEST ON THAT DATE, YOUR SQUADRON COMMANDER FAILED TO RECEIVE THIS INFORMATION UNTIL MUCH LATER, DURING WHICH TIME YOU WERE DEPRIVED OF YOUR MEAL CARD. IT APPEARS TO BE YOUR VIEW THAT YOU SHOULD NOT BE DENIED THE ALLOWANCE FOR ANY PART OF THE PERIOD, SINCE YOUR MEAL CARD WAS TAKEN FROM YOU ON OCTOBER 1, 1966, AND WAS NOT RETURNED TO YOU UNTIL JANUARY 23, 1967, DURING WHICH TIME YOU HAD TO PAY FOR ALL YOUR MEALS. THE RECORD CONTAINS NO INFORMATION AS TO THE MATTER OF WHETHER YOUR RELIGIOUS BELIEFS INDUCED YOU TO FOREGO THE USE OF THE MEAL CARD WHEN IT WAS IN YOUR POSSESSION.

SECTION 402 (B) (2) OF TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE TO ENLISTED MEN OF THE ARMED SERVICES UNDER CERTAIN PRESCRIBED CONDITIONS, INCLUDING INSTANCES "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' SUBSECTION (F) PROVIDES THAT THE PRESIDENT OF THE UNITED STATES MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION. SECTION 302 OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, ISSUED UNDER AUTHORITY OF CERTAIN SECTIONS OF TITLE 37, U.S. CODE, INCLUDING SECTION 402 (F), AUTHORIZES THE SECRETARY OF THE UNIFORMED SERVICE CONCERNED TO PRESCRIBE SUCH SUPPLEMENTAL REGULATIONS "NOT INCONSISTENT HEREWITH" AS HE MIGHT DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT THE PROVISIONS OF THE ORDER AND OF SECTION 301 OF THAT ACT.

PERTINENT REGULATIONS RELATING TO SEPARATE MESSING PRIVILEGES FOR ENLISTED PERSONAL DURING THE PERIOD HERE INVOLVED ARE CONTAINED IN CHAPTER 4, PART THREE, VOLUME I, AFM 177-105, 1964 ED. PARAGRAPH 30403 OF SUCH REGULATIONS PROVIDED THAT A MILITARY PAY ORDER OR AN AF FORM 220 SHOULD BE USED TO START, STOP OR ADJUST BASIC ALLOWANCE FOR SUBSISTENCE. WHILE THE RECORD INDICATES THAT YOUR SQUADRON COMMANDER AUTHORIZED YOU TO RATION SEPARATELY, THE DISAPPROVAL OF THAT ACTION BY THE BASE COMMANDER ON NOVEMBER 28, 1966, WITHOUT QUALIFICATION AS TO TIME, TERMINATED WHATEVER RIGHTS TO A SEPARATE RATION ALLOWANCE YOU MAY HAVE HAD ON THAT DATE.

AS THERE IS NOTHING IN THE RECORD TO SHOW EITHER THAT SUCH DISAPPROVAL WAS RESCINDED OR THAT YOU WERE AUTHORIZED ANEW TO MESS SEPARATELY SUBSEQUENT TO NOVEMBER 28, 1966, YOUR CASE DOES NOT MEET THE CONDITIONS OF THE REGULATIONS. HENCE, THERE IS NO BASIS ON THE RECORD BEFORE US TO ALLOW YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 9, 1968, IS CORRECT AND IS SUSTAINED.

SINCE YOU WERE NOT AUTHORIZED TO MESS SEPARATELY SUBSEQUENT TO NOVEMBER 27, 1966, NO CHARGE SHOULD HAVE BEEN MADE FOR MEALS AT THE BASE DINING HALL, IF, DESPITE YOUR RELIGIOUS BELIEFS, YOU ATE SOME OR ALL OF YOUR MEALS AT THAT PLACE. THUS, YOU ARE ENTITLED TO A REFUND OF ANY AMOUNT YOU PAID FOR THOSE MEALS. A CLAIM FOR REFUND OF THE AMOUNTS EXPENDED BY YOU FOR THAT PURPOSE WILL BE GIVEN CONSIDERATION PROVIDED YOU ARE ABLE TO ESTABLISH THE NUMBER OF MEALS YOU ATE THERE AT PERSONAL EXPENSE AND THE AMOUNTS YOU PAID FOR THOSE MEALS.