B-103602, FEBRUARY 19, 1952, 31 COMP. GEN. 399

B-103602, FEBRUARY 19, 1952, 31 COMP. GEN. 399

PER DIEM STATION ALLOWANCE - MILITARY, NAVAL, ETC., PERSONNEL PERFORMING DUTY OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA THE PER DIEM STATION ALLOWANCE, AUTHORIZED UNDER REGULATIONS AND CIRCULARS OF THE UNIFORMED SERVICES FOR PERSONNEL WHO PERFORM DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, MAY NOT BE PAID TO AN OFFICER FOR A PERIOD DURING WHICH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE AT HIS POST OF DUTY, AND A COMMANDING OFFICER MAY NOT BY DENYING OR PURPORTING TO DENY AN OFFICER PERMISSION TO EAT MEALS AT AN OTHERWISE AVAILABLE ORGANIZATION MESS CONFER ON THE OFFICER A VESTED LEGAL RIGHT TO SAID PER DIEM STATION ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. ARTHUR T. CAMERON, FEBRUARY 19, 1952:

REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1951, REQUESTING A REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 11, 1951, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM STATION ALLOWANCE FOR THE PERIOD FEBRUARY 25, 1948, TO NOVEMBER 24, 1949, WHILE YOU WERE STATIONED AT HEADQUARTERS, ALASKAN AIR COMMAND, FORT RICHARDSON, ALASKA.

REGULATIONS GOVERNING THE PAYMENT OF PER DIEM ALLOWANCES TO PERSONNEL FOR DUTY PERFORMED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, ARE CONTAINED IN WAR DEPARTMENT CIRCULAR NO. 196, JULY 25, 1947, AND IN AIR FORCE REGULATION 173-30 ( SPECIAL REGULATIONS 35-3080-1) MAY 23, 1949. PARAGRAPH 7 (A) OF THE FORMER REGULATIONS AND PARAGRAPH 4 (A) OF THE LATTER REGULATIONS AUTHORIZE THE PAYMENT OF THE ALLOWANCES PRESCRIBED THEREIN ONLY WHEN GOVERNMENT QUARTERS AND GOVERNMENT MESSES OR MEALS ARE NOT AVAILABLE. PARAGRAPH 2F (1), WAR DEPARTMENT CIRCULAR 196, JULY 25, 1946, AS AMENDED BY DEPARTMENT OF THE ARMY CIRCULAR NO. 80, DECEMBER 30, 1947, DEFINES " GOVERNMENT MESS" AS FOLLOWS:

FOR OFFICERS.--- " GOVERNMENT MESS" IS DEEMED TO BE AVAILABLE AT ANY MILITARY OR NAVAL INSTALLATION WHICH OPERATES AN OFFICERS' MESS. ANY ORGANIZATIONAL MESS OPERATED FOR ARMY OR NAVY ENLISTED PERSONNEL WILL BE CONSTRUED AS A " GOVERNMENT MESS" FOR THE PURPOSE OF THIS CIRCULAR. RESTAURANTS AND CAFETERIAS OPERATED BY ARMY EXCHANGES OR OFFICERS' CLUBS ARE NOT CONSIDERED TO BE , GOVERNMENT MESS.' PARAGRAPH 2F (1), SPECIAL REGULATIONS 35-3080-1, AIR FORCE REGULATION 173-30, DEFINES " GOVERNMENT MESS" IN ALMOST IDENTICAL LANGUAGE, THE ONLY MATERIAL DIFFERENCE BEING THAT SUCH DEFINITION INCLUDES ORGANIZATIONAL MESSES OPERATED FOR AIR FORCE ENLISTED PERSONNEL AS WELL AS LIKE MESSES OPERATED FOR ARMY AND NAVY ENLISTED PERSONNEL.

PARAGRAPHS 6 AND 7 OF CIRCULAR NO. 196 AND PARAGRAPH 4, ARMY REGULATIONS 35-3080, PLACE UPON COMMANDING OFFICERS OF FOREIGN INSTALLATIONS RESPONSIBILITY OF PROVIDING GOVERNMENT QUARTERS AND GOVERNMENT MESS WHEREVER FEASIBLE AND OF CAUSING TO BE POSTED PROMINENTLY AT BILLETING OFFICES, TRANSIENTS ASSEMBLY POINTS, AND HEADQUARTERS, NOTICES SPECIFYING THE AVAILABILITY OR NON-AVAILABILITY OF GOVERNMENT QUARTERS AND GOVERNMENT MESS. INFORMATION WITH RESPECT TO THE AVAILABILITY OF GOVERNMENT QUARTERS AND GOVERNMENT MESS DURING THE PERIOD OF YOUR CLAIM WERE PUBLISHED IN NOTICES DATED AUGUST 29, 1947, FEBRUARY 1, 1949, AND AUGUST 1, 1949, POSTED AT FORT RICHARDSON. PARAGRAPHS 1 THRU 3 OF THE NOTICE DATED FEBRUARY 1, 1949--- SIMILAR TO THOSE PARAGRAPHS IN THE OTHER MENTIONED NOTICES--- ARE AS FOLLOWS:

1. NOTICE IS HEREBY GIVEN THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS ARE AVAILABLE FOR OFFICERS AND ENLISTED PERSONNEL AT FORT RICHARDSON, ALASKA, UNDER THE PROVISIONS OF WD CIRCULAR 196, DATED 1947.

2. A FIELD RATION MESS IS OPERATED FOR TRANSIENT OFFICERS ONLY BY THE FOOD SERVICE SQUADRON IN BLDG T-412 (ACROSS THE STREET FROM THE REAR OF THEATER NO. 4). MEAL HOURS: BREAKFAST, 10630 TO 10730; DINNER 1200 TO 1300; SUPPER, 1700 TO 1800 HOURS. BECAUSE OF LIMITED SPACE ONLY TRANSIENT OFFICERS, WHO PREFER THIS TYPE OF MESS, ARE AUTHORIZED TO EAT THERE.

3. THIS NOTICE WILL BE POSTED PROMINENTLY AND PERMANENTLY IN OFFICERS' MESSES, QUARTERS FOR TRANSIENT OFFICERS AND ENLISTED MEN, IN THE NON- COMMISSIONED OFFICERS' CLUB, THE OFFICERS' CLUB AND IN BASE OPERATIONS OFFICE AND THE COMMERCIAL TRANSPORTATION OFFICE. ( ITALICS SUPPLIED.)

YOUR CLAIM WAS DISALLOWED ON THE BASIS OF THE INFORMATION CONTAINED IN THE ABOVE-MENTIONED NOTICES. WHILE YOU NOW ALLEGE THAT SUCH NOTICES APPLIED ONLY TO TRANSIENT PERSONNEL, IT APPEARS THAT ONLY PARAGRAPH 2 THEREOF APPLIED TO TRANSIENT PERSONNEL AND THAT THE CONTENTS OF PARAGRAPH RELATE ONLY TO THE FIELD RATION MESS OPERATED IN BUILDING T 412 FOR SUCH PERSONNEL. THE PROVISIONS OF PARAGRAPH 1 ARE GENERAL IN SCOPE AND THEY STATE UNEQUIVOCALLY THAT GOVERNMENT QUARTERS AND MESS WERE AVAILABLE FOR BOTH OFFICERS AND ENLISTED MEN UNDER THE PROVISIONS RELATING TO STATION ALLOWANCES. SUCH PROVISIONS APPARENTLY APPLIED TO ALL PERSONNEL ASSIGNED TO DUTY AT ELMENDORF AIR FORCE BASE, FORT RICHARDSON, ALASKA.

THE RECORD SHOWS THAT SINCE THE SUBMISSION OF YOUR CLAIM YOU HAVE BEEN PAID $495 ON VOUCHER NO. 2855, AUGUST 1951 ACCOUNT OF CAPTAIN R. S. QUINN, USAF, REPRESENTING STATION SUBSISTENCE PER DIEM ALLOWANCE AT THE RATE OF $3.75 PER DAY FROM JULY 1 TO NOVEMBER 24, 1949. IT IS UNDERSTOOD THAT SUCH PAYMENT WAS MADE ON THE BASIS OF A STATEMENT ISSUED BY BRIGADIER GENERAL WALTER R. AGEE, USAF, COMMANDING OFFICER, 39TH AIR DEPOT WING, ELMENDORF AIR FORCE BASE, ALASKA, UNDER DATE OF APRIL 11, 1951, AS FOLLOWS:

UPON INFORMATION, POST REGULATIONS, RECORDS AND CORRESPONDENCE AT THIS HEADQUARTERS, I CERTIFY THAT A CENTRALIZED " GOVERNMENT MESS" AS DEFINED IN PAR 2F (1), AFR 173-30, DATED 23 MAY 1949, EFFECTIVE 1 APRIL 1949, WAS NOT AVAILABLE TO OFFICERS PERMANENTLY ASSIGNED TO FORT RICHARDSON, ALASKA, ELMENDORF AIR FORCE BASE, FORT RICHARDSON, ALASKA, OR ELMENDORF AIR FORCE BASE, ALASKA, FROM 1 FEBRUARY 1949, TO 12 OCTOBER 1950.

PRESUMABLY THE CORRESPONDENCE MENTIONED IN THE ABOVE-QUOTED STATEMENT ARE LETTERS OF FEBRUARY 28, 1951, AND MARCH 12, 1951, FROM COLONEL HARRY W. GENEROUS, USAF, AND BRIGADIER GENERAL DONALD R. HUTCHINSON, USAF, RESPECTIVELY, FORMER COMMANDING OFFICERS AT ELMENDORF AIR FORCE BASE, AND LETTER OF MARCH 14, 1951, FROM COLONEL A. N. LAGRIPPO, USAF, WHO SERVED UNDER EACH OF SAID COMMANDING OFFICERS AND THEIR PREDECESSOR COLONEL THOMAS MOSLEY. WHILE EACH OF SAID LETTERS INDICATES A BELIEF ON THE PART OF THE WRITER THEREOF THAT A GOVERNMENT MESS FOR OFFICERS AS TECHNICALLY DEFINED IN THE ABOVE-QUOTED REGULATIONS, WAS NOT MAINTAINED AT YOUR STATION DURING THE PERIOD OF YOUR DUTY THEREAT ON AND AFTER FEBRUARY 1, 1949, THERE APPEARS TO BE NO QUESTION THAT ORGANIZATIONAL OR UNIT MESSES WERE IN OPERATION FOR ALL ENLISTED MEN AT THAT PLACE DURING THE ENTIRE PERIOD OF YOUR CLAIM. GENERAL HUTCHINSON STATED THAT " IT WAS THEATER POLICY THAT OFFICERS EAT AT THE CLUB RATHER THAN WITH THEIR UNITS DUE TO THE EXTREMELY OVERCROWDED CONDITIONS.' COLONEL GENEROUS STATED THAT WITH THE EXCEPTION OF THE SUNDAY MEAL, THE COST OF A MEAL TO OFFICERS AT SUCH OFFICERS' CLUBS OR MESSES ,WAS ONLY SLIGHTLY HIGHER THAN THAT REQUIRED FOR THE " GOVERNMENT MESS.'" COLONEL LAGRIPPO HAS ADVISED THAT THE COST WAS 50 CENTS FOR BREAKFAST, 65 CENTS FOR LUNCHEON, AND 75 CENTS FOR THE EVENING MEAL. EACH OF SAID OFFICERS AGREED THAT THERE WAS NO DEMAND FOR AN OFFICERS' MESS AS SUCH, AND IT IS INDICATED THAT ONE OF THE MAIN FACTORS BACK OF SUCH LACK OF DEMAND WAS THE FACT THAT DEPENDENTS OF OFFICER PERSONNEL COULD NOT EAT AT SUCH GOVERNMENT MESSES, IF THEY WERE ESTABLISHED. THE FACT THAT THE PRICES FOR MEALS AT AN OFFICERS' MESS WOULD HAVE BEEN SUBSTANTIALLY THE SAME AS THEN WERE BEING PAID AT THE FACILITIES AVAILABLE PROBABLY WAS CONCLUSIVE AGAINST THE ESTABLISHMENT OF A MESS WHICH COULD TECHNICALLY BE CALLED AN OFFICERS' MESS. WHILE IT MAY HAVE BEEN THE "POLICY" FOR OFFICERS TO EAT AT THE "CLUB" AT PRICES ONLY SLIGHTLY HIGHER THAN AT THE ORGANIZATIONAL MESS, AND FOR THE REASON ORGANIZATION COMMANDERS MAY HAVE LIMITED THE OFFICERS USE OF SOME OF THE ORGANIZATIONAL MESSES, BOTH COLONEL GENEROUS AND THE PRESENT COMMANDING OFFICER AT ELMENDORF AIR FORCE BASE HAVE EXPRESSED THE BELIEF THAT SOME OFFICERS ATE MANY OF THEIR MEALS AT SUCH MESSES, AND IT APPEARS CLEAR THAT SUCH MESSES WERE OPERATED DURING THE PERIOD OF YOUR CLAIM AND HENCE, THAT A " GOVERNMENT MESS" WAS AVAILABLE WITHIN THE MEANING OF THE ABOVE-QUOTED REGULATIONS. COLONEL LAGRIPPO HAS EXPRESSED THE VIEW THAT IT WAS THE INTENT OF THE THREE COMMANDING OFFICERS UNDER WHOM HE SERVED " TO ESTABLISH GOVERNMENT MESSING FACILITIES FOR ALL OFFICER PERSONNEL WITHOUT THE ESTABLISHMENT OF A "FIELD RATION" MESS AS SUCH," AND THAT " I PERSONALLY FEEL THAT THERE IS NO REASON OR SUBSTANTIATION FOR A CLAIM AGAINST THE GOVERNMENT FOR SUBSISTENCE ALLOWANCE IN THE AMOUNT OF $3.75 PER DIEM.' ALSO, IN A LETTER DATED APRIL 26, 1951, FROM CAPTAIN J. L. BILES, JR., USAF, ACCOUNTING AND DISBURSING OFFICER, ELMENDORF AIR FORCE BASE, IN WHICH HE REQUESTS FURTHER INSTRUCTIONS FROM THE COMMANDING GENERAL, ALASKAN AIR COMMAND, AS TO THE PROPRIETY OF MAKING RETROACTIVE PAYMENTS SUCH AS YOU CLAIM, IT IS STATED THAT---

* * * NEARLY ALL ORGANIZATIONAL MESSES AT THIS STATION HAVE HAD A GROUP OF PEOPLE AUTHORIZED TO EAT IN THE MESS, E. G. SQUADRON COMMANDERS, GROUP COMMANDERS, CHAPLAINS, DOCTORS, INSPECTOR GENERALS, MESS OFFICERS, FOOD SUPERVISORS. * * * IT IS UNDERSTOOD THAT YOU WERE SERVING AT ELMENDORF AIR FORCE BASE AS AN OFFICER OF THE INSPECTOR GENERALS DEPARTMENT AND HENCE IT APPEARS THAT YOU WOULD BE INCLUDED IN THE TERM " INSPECTOR GENERALS" AS USED BY CAPTAIN BILES.

ALL OFFICERS ARE PAID A REGULAR SUBSISTENCE ALLOWANCE AND ARE REQUIRED TO PAY FOR THEIR OWN MEALS. TO PAY AN OFFICER AN EXTRA ALLOWANCE OF $3.75 A DAY, OR OVER $100 A MONTH, BECAUSE HIS MEALS (AT LESS THAN $2 A DAY) AT AN OFFICERS'"CLUB" MESS, MAINTAINED IN LIEU OF A REGULAR OFFICERS' MESS MAY COST SLIGHTLY MORE THAN THEY WOULD AT A REGULAR OFFICERS' MESS, APPEARS OBVIOUSLY UNCONSCIONABLE AND BEYOND THE CONTEMPLATION OF THE STATUTES AUTHORIZING ADDITIONAL COST OF LIVING ALLOWANCES IN FOREIGN COUNTRIES AND ALASKA. ALSO, IT WOULD SEEM CLEAR THAT, UNDER THE REGULATIONS, A COMMANDING OFFICER OF AN ORGANIZATION MAY NOT, BY DENYING OR PURPORTING TO DENY AN OFFICER PERMISSION TO EAT SOME OR ALL OF HIS MEALS AT HIS OTHERWISE AVAILABLE ORGANIZATION MESS, CONFER ON THE OFFICER A VESTED LEGAL RIGHT TO SUCH AN EXTRA ALLOWANCE OF $3.75 A DAY.

PARAGRAPH 7 OF THE SAID WAR DEPARTMENT CIRCULAR NO. 196 PROVIDES THAT STATION ALLOWANCES WILL BE PAID ONLY WHERE GOVERNMENT QUARTERS AND GOVERNMENT MESSES ARE NOT AVAILABLE AND PARAGRAPH 2E OF SAID CIRCULAR PROVIDES THAT " GOVERNMENT QUARTERS" FOR MILITARY PERSONNEL IN A NON TRAVEL STATUS ARE DEEMED TO HAVE BEEN FURNISHED WHEN, FOR ANY REASON, AN OFFICER IS PRECLUDED FROM RECEIVING A RENTAL ALLOWANCE UNDER APPLICABLE PROVISIONS OF LAW AND REGULATIONS. WHILE IT IS UNDERSTOOD THAT GOVERNMENT QUARTERS SUITABLE FOR OCCUPANCY OF DEPENDENTS WERE NOT AVAILABLE FOR ALL OFFICERS ON DUTY AT ELMENDORF AIR FORCE BASE DURING THE PERIOD OF YOUR CLAIM AND THAT A PRIORITY SYSTEM FOR ASSIGNMENT OF AVAILABLE FAMILY QUARTERS WAS ESTABLISHED, THERE IS NOTHING IN THE RECORD BEFORE THIS OFFICE WHICH INDICATES THAT BACHELOR OFFICER QUARTERS WERE NOT AVAILABLE FOR ALL OFFICERS WHO DESIRED TO USE THEM AND IT IS ASSUMED THAT YOU OCCUPIED SUCH QUARTERS UNTIL YOUR WIFE ARRIVED IN ALASKA IN APRIL 1948. ALTHOUGH THE ABOVE-CITED REGULATIONS STATE THAT GOVERNMENT QUARTERS ARE DEEMED TO HAVE BEEN FURNISHED IN ANY CASE WHERE AN OFFICER IS PRECLUDED FROM RECEIVING A RENTAL ALLOWANCE, IT DOES NOT FOLLOW THAT ALL OFFICERS WHO ARE IN RECEIPT OF A RENTAL ALLOWANCE WHILE ON DUTY IN A FOREIGN COUNTRY OR IN ALASKA, ARE ENTITLED TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE. OFFICERS SO ASSIGNED TO DUTY UNDER CIRCUMSTANCES WHERE DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY THEM ABROAD AND WHO ARE ASSIGNED BACHELOR OFFICER QUARTERS AT THEIR STATIONS, ARE ENTITLED TO THE RENTAL ALLOWANCE, BUT, OF COURSE, NO RIGHT TO THE QUARTERS PORTION OF THE PER DIEM ALLOWANCE WOULD ACCRUE TO THEM SINCE GOVERNMENT QUARTERS WERE OCCUPIED BY THEM. UNDER THE PROVISIONS OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. 106, A RENTAL ALLOWANCE IS PAYABLE AT ALL TIMES TO OFFICERS WITH DEPENDENTS, EXCEPT WHEN ADEQUATE QUARTERS ARE ASSIGNED AT THEIR PERMANENT STATIONS "FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENT.' NO SIMILAR PROVISION WAS MADE IN SECTION 12 OF THE SAID PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 859--- UNDER AUTHORITY OF WHICH SAID CIRCULAR 196 WAS PROMULGATED--- AND THE LANGUAGE USED THEREIN WITH RESPECT TO THE AUTHORITY TO PRESCRIBE PER DIEM FOR DUTY OUTSIDE THE UNITED STATES OR IN ALASKA "CONSIDERING ALL ELEMENTS OF COST OF LIVING, INCLUDING COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES," APPARENTLY RELATED TO THE COST OF LIVING OF AN OFFICER, EXCLUSIVE OF THE COST OF LIVING OF HIS DEPENDENTS. THAT SUCH WAS THE INTENT OF THE SAID CIRCULAR 196 IS APPARENT FROM THE RATES PRESCRIBED. ONLY ONE RATE IS PRESCRIBED FOR EACH LOCATION FOR ALL OFFICERS, NO DISTINCTION BEING MADE BETWEEN OFFICERS WITH DEPENDENTS, AND OFFICERS WITHOUT DEPENDENTS, ALTHOUGH THE INCREASE IN LIVING COSTS OF AN OFFICER IN THE LATTER GROUP WOULD OBVIOUSLY BE LESS THAN FOR AN OFFICER WITH DEPENDENTS WHO ACCOMPANIED HIM TO THE FOREIGN DUTY STATION. IT WAS NOT UNTIL THE CAREER COMPENSATION ACT OF 1949 WAS ENACTED THAT AUTHORITY WAS GRANTED, SUBJECT TO REGULATIONS TO BE PROMULGATED THEREAFTER, TO CONSIDER "ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS" IN FIXING THE RATE OF PER DIEM FOR DUTY OUTSIDE THE UNITED STATES OR IN ALASKA. SEE SECTIONS 303 (B) (H) THEREOF, 63 STAT. 814, 815. ALL THE ABOVE-MENTIONED NOTICES POSTED AT YOUR STATION STATED THAT GOVERNMENT QUARTERS WITHIN THE MEANING OF THE REGULATIONS FIXING STATION ALLOWANCES WERE AVAILABLE FOR OFFICERS ON DUTY THEREAT. AS FAR AS THIS OFFICE HAS BEEN ABLE TO DETERMINE, SUCH NOTICES WERE NEITHER AMENDED NOR MODIFIED AND IN A THIRD ENDORSEMENT OF DECEMBER 15, 1950, COLONEL JAMES T. POSEY, USAF, A FORMER COMMANDING OFFICER AT ELMENDORF AIR FORCE BASE, FORT RICHARDSON, STATED "THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE TO THE OFFICER IN HIS OWN RIGHT," DURING THE PERIOD OF YOUR CLAIM. IN VIEW OF THE FOREGOING, THIS OFFICE WOULD NOT BE WARRANTED IN CONCLUDING THAT GOVERNMENT QUARTERS AND GOVERNMENT MESS WERE NOT AVAILABLE WITHIN THE MEANING OF THE ABOVE CITED PROVISIONS OF LAW AND REGULATIONS, AND THE RECORD THUS FURNISHES NO PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF APRIL 11, 1951, IS SUSTAINED.

AS INDICATED ABOVE, YOU HAVE BEEN PAID $495 REPRESENTING PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD JULY 1, 1949, TO NOVEMBER 24, 1949. THAT PAYMENT APPEARS TO HAVE BEEN BASED ON THE RETROSPECTIVE STATEMENT OF APRIL 11, 1951, QUOTED ABOVE, ISSUED BY BRIGADIER GENERAL WALTER R. AGEE, TO THE EFFECT THAT A "CENTRALIZED " GOVERNMENT MESS" AS DEFINED" IN PARAGRAPH 2F (1), AIR FORCE REGULATION 173-30, DATED MAY 23, 1949, WAS NOT AVAILABLE AT YOUR STATION IN ALASKA. HOWEVER, IN AN INTERVIEW WITH GENERAL AGEE, REPRESENTATIVES OF THIS OFFICE WERE ADVISED THAT THE SAID STATEMENT PERTAINED ONLY TO A CENTRALIZED GOVERNMENT MESS FOR OFFICERS AND THAT HE COULD NOT AND WOULD NOT MAKE ANY CERTIFICATION WITH RESPECT TO THE AVAILABILITY OF ORGANIZATIONAL OR UNIT (ENLISTED MEN-S) MESSES TO OFFICERS. ALSO, AS INDICATED ABOVE, THE CITED AIR FORCE REGULATION SPECIFICALLY STATES THAT, FOR OFFICERS, ANY ORGANIZATIONAL MESS OPERATED FOR ARMY, AIR FORCE, OR NAVY ENLISTED PERSONNEL WILL BE CONSTRUED AS A " GOVERNMENT MESS" AND THE COMMANDING OFFICERS AT FORT RICHARDSON DURING THE PRIOR PERIODS INVOLVED HAD CONTEMPORANEOUSLY DETERMINED THAT GOVERNMENT MESS WAS AVAILABLE FOR OFFICERS AT THAT STATION. FOR SUCH REASON, AS WELL AS FOR THE OTHER REASONS STATED HEREIN, IT IS CONCLUDED THAT THE PER DIEM SUBSISTENCE ALLOWANCE PAYMENT TO YOU FOR THE PERIOD JULY 1, 1949, TO NOVEMBER 24, 1949, WAS ILLEGAL AND CREDIT FOR SUCH PAYMENT WILL BE DISALLOWED IN THE DISBURSING OFFICER'S ACCOUNT. THE AMOUNT OF SUCH PAYMENT, $495, SHOULD BE REFUNDED BY CERTIFIED CHECK OR MONEY ORDER MADE PAYABLE TO THE TREASURER OF THE UNITED STATES.