B-127239, MAR. 30, 1956

B-127239: Mar 30, 1956

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USN: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 2. WHILE YOU WERE OCCUPYING GOVERNMENT QUARTERS WITH DEPENDENTS AT THE UNITED STATES NAVAL RHINE RIVER PATROL. YOUR PAY ACCOUNT SHOWS THAT YOU WERE CREDITED WITH SUCH STATION ALLOWANCE FROM AUGUST 1 THROUGH OCTOBER 20. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 4. OF OUR CLAIMS DIVISION FOR THE REASON THAT NO FORMAL EVIDENCE HAD BEEN FURNISHED TO SHOW THAT YOU WERE AUTHORIZED TO MESS SEPARATELY. WHO YOU SAY WERE STATIONED WITH YOU AT THE UNITED STATES RHINE RIVER PATROL AND RECEIVED COMMUTED RATIONS. YOU APPEAR TO BELIEVE THAT THE PAYMENT OF COMMUTED RATIONS TO SUCH MEN CONSTITUTES EVIDENCE THAT YOU WERE AUTHORIZED TO MESS SEPARATELY.

B-127239, MAR. 30, 1956

TO MR. ALBERT H. WILSON, BU 2, USN:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 2, 1955, RECEIVED HERE ON FEBRUARY 20, 1956, CONCERNING YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FEBRUARY 19, 1953, THROUGH JULY 31, 1954, WHILE YOU WERE OCCUPYING GOVERNMENT QUARTERS WITH DEPENDENTS AT THE UNITED STATES NAVAL RHINE RIVER PATROL, APO 633, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES NAVY. YOUR PAY ACCOUNT SHOWS THAT YOU WERE CREDITED WITH SUCH STATION ALLOWANCE FROM AUGUST 1 THROUGH OCTOBER 20, 1954.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 4, 1955, OF OUR CLAIMS DIVISION FOR THE REASON THAT NO FORMAL EVIDENCE HAD BEEN FURNISHED TO SHOW THAT YOU WERE AUTHORIZED TO MESS SEPARATELY. IN THE LETTER OF NOVEMBER 22, 1955, YOU FURNISH THE NAMES OF TWO ENLISTED MEN, WHO YOU SAY WERE STATIONED WITH YOU AT THE UNITED STATES RHINE RIVER PATROL AND RECEIVED COMMUTED RATIONS. YOU APPEAR TO BELIEVE THAT THE PAYMENT OF COMMUTED RATIONS TO SUCH MEN CONSTITUTES EVIDENCE THAT YOU WERE AUTHORIZED TO MESS SEPARATELY.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE OF ONE OF THREE TYPES, TYPE (2) OF WHICH IS "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' PARAGRAPH A-4312, BUREAU OF NAVAL PERSONNEL MANUAL, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDED THAT COMMANDING OFFICERS WERE AUTHORIZED TO APPROVE REQUESTS FOR COMMUTATION OR RATIONS UNDER THE CONDITIONS SET FORTH IN THE PARAGRAPH. THE PARAGRAPH ALSO IS TO THE EFFECT THAT NO ENLISTED MAN SHALL BE ALLOWED TO COMMUTE HIS RATIONS AND SUBSIST HIMSELF WITHOUT AUTHORITY. ACCORDINGLY, IN THE ABSENCE OF AN ORDER FROM YOUR COMMANDING OFFICER AUTHORIZING YOU TO MESS SEPARATELY AND BE PAID COMMUTED RATIONS FOR THE PERIOD FEBRUARY 19, 1953, THROUGH JULY 31, 1954, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. THE FACT THAT OTHER ENLISTED MEN AT YOUR STATION WERE PAID SUCH AN ALLOWANCE, PRESUMABLY AFTER PROPER AUTHORIZATION, AFFORDS NO LEGAL BASIS FOR THE PAYMENT TO YOU OF SUCH ALLOWANCE. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.