B-107461, APR 21, 1952

B-107461: Apr 21, 1952

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THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT OF THE ORGANIZED RESERVE CORPS WAS ORDERED BY DIRECTION OF THE PRESIDENT AND THE SECRETARY OF DEFENSE INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES ON SEPTEMBER 11. THE COMMANDING OFFICER WILL ENDORSE. THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT WAS DIRECTED TO MOVE FROM HOME STATION TO CAMP PICKETT. RELATIVE TO THE FURNISHING OF SUBSISTENCE TO THE ENLISTED PERSONNEL OF THE UNIT PRIOR TO ITS DEPARTURE ON SEPTEMBER 19 IT WAS STATED IN LETTER OF OCTOBER 7. THAT AS MESSING FACILITIES WERE NOT AVAILABLE AT SPRINGFIELD. WERE PURCHASED WITH GOVERNMENT FUNDS AT A PRIVATE RESTAURANT. ENLISTED MEN OF HIGHER RANK WERE ADVISED TO BUY THEIR OWN MEALS FOR WHICH EXPENSE THEY WOULD BE REIMBURSED UPON ARRIVAL AT THEIR PERMANENT STATION.

B-107461, APR 21, 1952

PRECIS-UNAVAILABLE

CAPTAIN EDGAR E. TATE, FC, DEPARTMENT OF THE ARMY:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 7, 1952, REQUESTING DECISION WHETHER AND ON WHAT BASIS PAYMENT MAY BE MADE ON A VOUCHER SUBMITTED THEREWITH IN FAVOR OF SERGEANT JOSEPH L. HOLLAR, FOR REIMBURSEMENT OF SUBSISTENCE EXPENSES INCURRED INCIDENT TO DUTY PERFORMED WITH THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT DURING THE PERIOD SEPTEMBER 11 TO 19, 1950.

UNDER THE PROVISIONS OF GENERAL ORDERS NO. 107, HEADQUARTERS FIRST ARMY, GOVERNORS ISLAND, NEW YORK, DATED AUGUST 18, 1950, THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT OF THE ORGANIZED RESERVE CORPS WAS ORDERED BY DIRECTION OF THE PRESIDENT AND THE SECRETARY OF DEFENSE INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES ON SEPTEMBER 11, 1950, AT SPRINGFIELD, MASSACHUSETTS, FOR A PERIOD OF 21 MONTHS OR SUCH OTHER PERIOD AS MAY BE AUTHORIZED BY LAW, UNLESS SOONER RELIEVED. SUCH ORDERS PROVIDED THAT WHENEVER EXISTING REGULATIONS REQUIRED THE PUBLICATION OF SPECIAL ORDERS ORDERING THE INDIVIDUAL TO ACTIVE DUTY, THERE MAY BE SUBSTITUTED THE ORDER WHICH BROUGHT THE UNIT ON ACTIVE DUTY AND, WHERE REQUIRED, THE COMMANDING OFFICER WILL ENDORSE, COPIES OF SUCH ORDERS WITH A STATEMENT THAT THE INDIVIDUAL ENTERED ON ACTIVE DUTY AS A MEMBER OF THAT UNIT ON THE EFFECTIVE DATE. THE COPIES OF THE ORDERS ACCOMPANYING THE SUBMITTED VOUCHER DO NOT BEAR ENDORSEMENTS SHOWING THAT SERGEANT HOLLER REPORTED THEREUNDER FOR ACTIVE DUTY OR THE DATE OF HIS REPORTING. BY MOVEMENT ORDERS DATED SEPTEMBER 12, 1950, SAME HEADQUARTERS, THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT WAS DIRECTED TO MOVE FROM HOME STATION TO CAMP PICKETT, VIRGINIA, SO AS TO ARRIVE ON OR ABOUT SEPTEMBER 21, 1950. APPEARS THAT THE UNIT LEFT ITS HOME STATION AT SPRINGFIELD UNDER THOSE ORDERS ON SEPTEMBER 19, 1950. RELATIVE TO THE FURNISHING OF SUBSISTENCE TO THE ENLISTED PERSONNEL OF THE UNIT PRIOR TO ITS DEPARTURE ON SEPTEMBER 19 IT WAS STATED IN LETTER OF OCTOBER 7, 1950, FOR THE COMMANDING OFFICER, HEADQUARTERS, 915TH MOBILE ARMY SURGICAL HOSPITAL, CAMP PICKETT, VIRGINIA, TO THE FINANCE OFFICER, ARMY BASE, BOSTON, MASSACHUSETTS, THAT AS MESSING FACILITIES WERE NOT AVAILABLE AT SPRINGFIELD, MEALS FOR RECRUITS, PRIVATES, PRIVATES FIRST CLASS, AND CORPORALS WITH LESS THAN 7 YEARS' SERVICE, WERE PURCHASED WITH GOVERNMENT FUNDS AT A PRIVATE RESTAURANT, AND ENLISTED MEN OF HIGHER RANK WERE ADVISED TO BUY THEIR OWN MEALS FOR WHICH EXPENSE THEY WOULD BE REIMBURSED UPON ARRIVAL AT THEIR PERMANENT STATION. SERGEANT HELLER'S CLAIM APPARENTLY IS INTENDED TO COVER MEALS PURCHASED AT PERSONAL EXPENSE FROM BREAKFAST ON SEPTEMBER 11 THROUGH BREAKFAST ON SEPTEMBER 19, 1950. HOWEVER, THE DESCRIPTION OF THE ITEMS AS LISTED ON THE VOUCHER, DOES NOT APPEAR TO RELATE TO THAT PERIOD ONLY.

UNDER THE PROVISIONS OF SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, ENLISTED PERSONNEL ENTITLED TO RECEIVE BASIC PAY ARE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR SUBSISTENCE UNDER SUCH CIRCUMSTANCES AS ARE THEREIN PROVIDED AT THE RATE OF $2.25 PER DAY WHEN RATIONS IN KIND ARE NOT AVAILABLE; $1.05 PER DAY WHEN PERMISSION TO MESS SEPARATELY IS GRANTED; AND NOT TO EXCEED $3 PER DAY WHEN ASSIGNED TO DUTY UNDER EMERGENCY CONDITIONS WHERE NO GOVERNMENT MESSING FACILITIES ARE AVAILABLE. PARAGRAPH (D) PROVIDES THAT THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THAT SECTION. REGULATIONS PROMULGATED BY THE PRESIDENT UNDER SUCH AUTHORITY ARE CONTAINED IN EXECUTIVE ORDER NO. 10119, MARCH 27, 1950. SECTION 3 THEREOF PROVIDES, INTER ALIA, THAT THE TERM "WHEN RATIONS IN KIND ARE NOT AVAILABLE" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE IT IS IMPRACTICABLE FOR SUBSISTENCE IN KIND TO BE FURNISHED BY THE GOVERNMENT, AND THAT THE TERM "WHEN ASSIGNED TO DUTY UNDER EMERGENCY CONDITIONS WHERE NO GOVERNMENT MESSING FACILITIES ARE AVAILABLE" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ASSIGNED TO DUTY UNDER CONDITIONS REQUIRING EXTRAORDINARY EXPENSES FOR SUBSISTENCE.

IN VIEW OF THE INFORMATION CONTAINED IN THE CITED LETTER OF OCTOBER 7, 1950, WHICH WAS ISSUED AT A TIME REASONABLY CONTEMPORANEOUS WITH THE PERIOD INVOLVED, IT IS CONCLUDED THAT FOR THE PERIOD SERGEANT HELLER WAS ON ACTIVE DUTY AT SPRINGFIELD, MASSACHUSETTS, AS A MEMBER OF THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT UNDER THE ORDERS OF AUGUST 18, 1950, AND UNTIL HIS DEPARTURE FROM SPRINGFIELD UNDER THE ORDERS OF SEPTEMBER 12, 1950, HE WAS SERVING UNDER CIRCUMSTANCES WHERE "RATIONS IN KIND ARE NOT AVAILABLE" WITHIN THE MEANING AND INTENT OF THE PROVISIONS OF SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, AND IS ENTITLED TO AN ALLOWANCE FOR SUBSISTENCE FOR THAT PERIOD AT THE RATE OF $2.25 PER DAY UNDER SUCH PROVISIONS.

AS INDICATED ABOVE, THE COPIES OF THE ORDERS OF AUGUST 18, 1950, ACCOMPANYING THE SUBMITTED VOUCHER DO NOT BEAR ENDORSEMENT OF THE COMMANDING OFFICER OF THE 915TH MOBILE ARMY SURGICAL HOSPITAL UNIT SHOWING THAT SERGEANT HELLER REPORTED THEREUNDER FOR ACTIVE DUTY OR THE DATE OF HIS REPORTING. IF CERTIFICATION OF THAT OFFICIAL OR OF OTHER COMPETENT AUTHORITY WITH KNOWLEDGE OF THE FACTS INVOLVED IS ATTACHED SHOWING SUCH INFORMATION, PAYMENT MAY BE MADE ON THE VOUCHER, RETURNED HEREWITH, IN AN AMOUNT REPRESENTING AN ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $2.25 PER DAY FOR THE PERIOD FROM DATE OF HIS REPORTING FOR ACTIVE DUTY AT SPRINGFIELD UNTIL DATE OF DEPARTURE OF THE UNIT FROM THAT STATION.