B-120061, JUL 30, 1954

B-120061: Jul 30, 1954

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THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF MARCH 12. THE RECORD INDICATES THAT BY COMPETENT ORDERS SERGEANT BERRINGTON WAS AUTHORIZED TO RESIDE OFF THE BASE AND TO RATION SEPARATELY. THAT HE WAS DISCHARGED FROM THE SERVICE ON DECEMBER 19. HE RESUMED SERVICE UNDER CIRCUMSTANCES SIMILAR TO THOSE EXISTING IMMEDIATELY PRIOR TO HIS DISCHARGE AND IT APPEARS THAT HE ASSUMED THAT THE ORDERS AUTHORIZING HIM TO RATION SEPARATELY UNDER THE PRIOR ENLISTMENT REMAINED EFFECTIVE AND THAT THE BASIC ALLOWANCE FOR SUBSISTENCE WAS BEING CREDITED IN HIS PAY ACCOUNT. UPON DISCOVERING THAT THE ALLOWANCE WAS NOT BEING CREDITED IN HIS PAY ACCOUNT HE MADE INQUIRIES AND WAS AUTHORIZED TO RATION SEPARATELY BEGINNING AUGUST 8.

B-120061, JUL 30, 1954

PRECIS-UNAVAILABLE

CAPTAIN G.L. COVERT, USAF, DEPARTMENT OF THE AIR FORCE:

WITH LETTER OF MAY 13, 1954, OFFICE, DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER OF MARCH 12, 1954, REQUESTING ADVANCE DECISION ON THE CLAIM OF GEORGE A. BERRINGTON, TECHNICAL SERGEANT, SERVICE NO. AF 1309 8498, FOR BASIC ALLOWANCE FOR SUBSISTENCE FOR THE PERIOD FROM DECEMBER 22, 1952, TO AUGUST 7, 1953, INCLUSIVE.

THE RECORD INDICATES THAT BY COMPETENT ORDERS SERGEANT BERRINGTON WAS AUTHORIZED TO RESIDE OFF THE BASE AND TO RATION SEPARATELY, EFFECTIVE NOVEMBER 8, 1952; THAT HE WAS DISCHARGED FROM THE SERVICE ON DECEMBER 19, 1952, APPARENTLY BY REASON OF THE EXPIRATION OF THE TERM OF ENLISTMENT; AND THAT HE REENLISTED ON DECEMBER 22, 1952. UPON REENLISTMENT, HE RESUMED SERVICE UNDER CIRCUMSTANCES SIMILAR TO THOSE EXISTING IMMEDIATELY PRIOR TO HIS DISCHARGE AND IT APPEARS THAT HE ASSUMED THAT THE ORDERS AUTHORIZING HIM TO RATION SEPARATELY UNDER THE PRIOR ENLISTMENT REMAINED EFFECTIVE AND THAT THE BASIC ALLOWANCE FOR SUBSISTENCE WAS BEING CREDITED IN HIS PAY ACCOUNT. UPON DISCOVERING THAT THE ALLOWANCE WAS NOT BEING CREDITED IN HIS PAY ACCOUNT HE MADE INQUIRIES AND WAS AUTHORIZED TO RATION SEPARATELY BEGINNING AUGUST 8, 1953. SUBSEQUENTLY, BY PARAGRAPH 6, FAIRCHILD AIR FORCE BASE SPECIAL ORDERS NO. 51, DATED MARCH 4, 1954, HE WAS AUTHORIZED TO RESIDE OFF THE BASE AND RATION SEPARATELY EFFECTIVE DECEMBER 22, 1952, IT BEING STATED THAT THIS CONFIRMED VOCAL ORDERS OF THE LATTER DATE.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, PROVIDES THAT EACH MEMBER OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR SUBSISTENCE UNDER CERTAIN CIRCUMSTANCES INCLUDING PERIODS WHEN PERMISSION TO MESS SEPARATELY IS GRANTED. IN THE PRESENT CASE IT APPEARS THAT UPON REENLISTMENT, SERGEANT BERRINGTON CONTINUED ON DUTY AT THE SAME STATION WHERE HE SERVED PRIOR TO DISCHARGE; THAT HIS PERMISSION TO MESS SEPARATELY AND RESIDE OFF THE POST WHICH HAD BEEN GRANTED ON NOVEMBER 8, 1952, WAS NOT ACTUALLY REVOKED; AND THAT HE CONTINUED TO RESIDE OFF THE POST AND MESS SEPARATELY. ON THE BASIS OF SUCH FACTS TOGETHER WITH THE ORDERS OF MARCH 4, 1954, APPARENTLY ISSUED FOR THE PURPOSE OF CLARIFYING THE RECORD, IT IS CONCLUDED THAT SERGEANT BERRINGTON WAS AUTHORIZED TO RESIDE OFF THE BASE AND RATION SEPARATELY EFFECTIVE DECEMBER 22, 1952.

ACCORDINGLY, PAYMENT ON MILITARY PAY ORDER NO. E-645, DATED MARCH 5, 1954, RETURNED HEREWITH, IS AUTHORIZED TO BE MADE AT THE RATE OR RATES AUTHORIZED FOR THE PERIOD FROM DECEMBER 22, 1952, TO AUGUST 7, 1953.