B-123305, AUG. 5, 1955

B-123305: Aug 5, 1955

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PARIS WINTERS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 8. WHILE YOU WERE SERVING AS AN ENLISTED MAN. YOU ADMIT THE INDEBTEDNESS OF $66 BUT SAY THAT YOU ARE ENTITLED TO COMMUTED RATIONS OF $0.65 A DAY FOR AT LEAST 205 DAYS DURING THE PERIOD FROM JANUARY 1 TO AUGUST 4. THAT A BALANCE OF $67.25 IS DUE YOU AFTER DEDUCTING THE SUM OF $66 DUE THE UNITED STATES. YOU SAY THAT YOU LIVED OFF THE STATION DURING THE PERIOD IN QUESTION AND KNOW THAT COMMUTED RATIONS WERE AUTHORIZED. WAS BASED ON A REPORT FROM THE CHIEF OF NAVAL PERSONNEL. THAT NO RECORDS SHOWING THAT YOU WERE AUTHORIZED COMMUTED RATIONS FOR THAT PERIOD ARE AVAILABLE. WHO IS THE OFFICIAL CUSTODIAN OF SUCH RECORDS. THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND SUCH ACTION IS SUSTAINED.

B-123305, AUG. 5, 1955

TO MR. PARIS WINTERS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 8, 1955, FURTHER CONCERNING (1) YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FROM JANUARY 1 TO AUGUST 5, 1944, WHILE YOU WERE SERVING AS AN ENLISTED MAN, U.S. NAVAL RESERVE, WITH CARRIER AIRCRAFT SERVICE UNIT 21, NAVAL AIR STATION, CREEDS, VIRGINIA, AND (2) YOUR INDEBTEDNESS IN THE AMOUNT OF $66 ON ACCOUNT OF NONDEDUCTION FROM YOUR PAY OF $22 A MONTH AS YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE PAYMENTS MADE TO YOUR WIFE, GENEVIEVE JANE WINTERS, FOR APRIL, MAY, AND JUNE 1944.

YOU ADMIT THE INDEBTEDNESS OF $66 BUT SAY THAT YOU ARE ENTITLED TO COMMUTED RATIONS OF $0.65 A DAY FOR AT LEAST 205 DAYS DURING THE PERIOD FROM JANUARY 1 TO AUGUST 4, 1944, A TOTAL OF $133.25, AND THAT A BALANCE OF $67.25 IS DUE YOU AFTER DEDUCTING THE SUM OF $66 DUE THE UNITED STATES. YOU SAY THAT YOU LIVED OFF THE STATION DURING THE PERIOD IN QUESTION AND KNOW THAT COMMUTED RATIONS WERE AUTHORIZED. THE SETTLEMENT DATED SEPTEMBER 28, 1954, WHICH DISALLOWED YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD INVOLVED, WAS BASED ON A REPORT FROM THE CHIEF OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, THAT NO RECORDS SHOWING THAT YOU WERE AUTHORIZED COMMUTED RATIONS FOR THAT PERIOD ARE AVAILABLE.

WE DO NOT MAINTAIN SERVICE RECORDS OF NAVAL PERSONNEL BUT FOR INFORMATION AS TO THOSE RECORDS MUST RELY ON THE CHIEF OF NAVAL PERSONNEL, WHO IS THE OFFICIAL CUSTODIAN OF SUCH RECORDS. IN VIEW OF THE NEGATIVE REPORT RECEIVED FROM THAT OFFICIAL, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND SUCH ACTION IS SUSTAINED. IF YOU ARE ABLE TO FURNISH ANY OFFICIAL RECORD SUBSTANTIATING YOUR CLAIM, HOWEVER, IT WILL BE CONSIDERED FURTHER ON ITS MERITS. WE DO NOT KNOW WHERE YOU MAY OBTAIN SUCH A RECORD IF IT CANNOT BE HAD FROM THE CHIEF OF NAVAL PERSONNEL.

THE AMOUNT OF $66, DUE THE GOVERNMENT BECAUSE OF NONDEDUCTION FROM YOUR PAY AS YOUR CONTRIBUTION TO THE FAMILY ALLOWANCE PAYMENTS TO YOUR WIFE FOR APRIL, MAY, AND JUNE 1944, SHOULD BE PAID BY YOU WITHOUT FURTHER DELAY.