B-128998, OCT. 1, 1956

B-128998: Oct 1, 1956

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USMC: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. THE RECORDS SHOW THAT YOU WERE RECEIVING COMMUTED RATIONS AT YOUR PERMANENT STATION. YOUR TEMPORARY ADDITIONAL DUTY AT THAT PLACE WAS COMPLETED ON JANUARY 12. YOU REQUESTED THAT YOU BE PAID COMMUTED RATIONS BUT WERE TOLD THAT YOU COULD CONTINUE TO RECEIVE YOUR COMMUTED RATIONS FROM CAMP PENDLETON. IT IS STATED THAT THE RECORDS OF THAT COMMAND DO NOT SHOW THAT YOU APPLIED FOR COMMUTED RATIONS OR THAT YOU WERE ISSUED A MESS PASS WHILE UNDER INSTRUCTION THERE DURING THE PERIOD INVOLVED. YOU WERE PAID A PER DIEM AT THE RATE OF $1 FROM OCTOBER 25. SHOW THAT YOU WERE CREDITED WITH COMMUTED RATIONS AT THE RATE OF $1.05 A DAY FROM SEPTEMBER 1.

B-128998, OCT. 1, 1956

TO SERGEANT JACK E. HOOK, 1159874, USMC:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1956, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR COMMUTED RATIONS OF $1.05 A DAY FOR THE PERIOD FROM OCTOBER 25, 1955, THROUGH JANUARY 11, 1956, INCIDENT TO SERVICE IN THE UNITED STATES MARINE CORPS.

THE RECORDS SHOW THAT YOU WERE RECEIVING COMMUTED RATIONS AT YOUR PERMANENT STATION, CAMP PENDLETON, CALIFORNIA, PRIOR TO REPORTING, ON OCTOBER 24, 1955, AT THE MARINE CORPS RECRUITING DEPOT, SAN DIEGO, CALIFORNIA, FOR FURTHER ASSIGNMENT TO TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION IN THE YEOMAN CLASS "B" STENOGRAPHERS COURSE AT THE U.S. NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA. YOU REPORTED AT THE LATTER PLACE ON OCTOBER 28, 1955. YOUR TEMPORARY ADDITIONAL DUTY AT THAT PLACE WAS COMPLETED ON JANUARY 12, 1956, AND YOU REPORTED BACK AT YOUR PERMANENT STATION, CAMP PENDLETON, CALIFORNIA, ON THE SAME DAY.

YOU SAY THAT BOTH PRIOR TO AND DURING THE TEMPORARY ADDITIONAL DUTY YOU LIVED AT OCEANSIDE, CALIFORNIA, AND THAT YOU DID NOT SLEEP OR EAT AT THE U.S. NAVAL TRAINING CENTER WHILE ATTENDING THE SCHOOL IN SAN DIEGO, BUT DROVE HOME EVERY NIGHT AND BROUGHT YOUR LUNCH FROM HOME FOR THE NOON MEALS. YOU SAY ALSO THAT AFTER REACHING THE U.S. NAVAL TRAINING CENTER AT SAN DIEGO, YOU REQUESTED THAT YOU BE PAID COMMUTED RATIONS BUT WERE TOLD THAT YOU COULD CONTINUE TO RECEIVE YOUR COMMUTED RATIONS FROM CAMP PENDLETON. IN A REPORT DATED MARCH 15, 1956, FROM THE COMMANDER, U.S. NAVAL TRAINING CENTER, SAN DIEGO 33, CALIFORNIA, IT IS STATED THAT THE RECORDS OF THAT COMMAND DO NOT SHOW THAT YOU APPLIED FOR COMMUTED RATIONS OR THAT YOU WERE ISSUED A MESS PASS WHILE UNDER INSTRUCTION THERE DURING THE PERIOD INVOLVED.

YOU WERE PAID A PER DIEM AT THE RATE OF $1 FROM OCTOBER 25, 1955, THROUGH JANUARY 11, 1956, IN THE AMOUNT OF $79, ON VOUCHER NO. 0194, JANUARY 1956 ACCOUNTS OF J. C. HUDOCK. YOUR PAY RECORDS FOR THE PERIOD FROM JULY 1, 1955, TO JUNE 30, 1956, SHOW THAT YOU WERE CREDITED WITH COMMUTED RATIONS AT THE RATE OF $1.05 A DAY FROM SEPTEMBER 1, 1955, THROUGH JANUARY 24, 1956, IN THE AMOUNT OF $153.30, BUT THAT YOU WERE CHECKED FOR COMMUTED RATIONS AT $1.05 A DAY FROM OCTOBER 24, 1955, THROUGH JANUARY 12, 1956, IN THE AMOUNT OF $85.05. YOUR PAY RECORDS ALSO SHOW A CHECK AGE OF $24 AS OVERPAYMENT OF PER DIEM AT THE RATE OF $1 FOR OCTOBER 29 AND 30, NOVEMBER 5, 6, 12, 13, 19, 20, 26 AND 27, DECEMBER 3, 4, 10, 11, 17, 18, 24, 25, 26 AND 31, 1955, AND JANUARY 1, 2, 7, AND 8, 1956. THE LATTER CHECK AGE WAS APPARENTLY MADE ON THE BASIS THAT ON THOSE DAYS (SATURDAYS, SUNDAYS, AND HOLIDAYS) YOU WERE WITHIN THE LIMITS OF YOUR PERMANENT DUTY STATION AND WERE NOT AT YOUR TEMPORARY DUTY STATION. 34 COMP. GEN. 549.

PARAGRAPH 78414, MARINE CORPS MANUAL, 1949, WHICH WAS PROMULGATED PURSUANT TO STATUTORY AUTHORITY AND WHICH WAS IN EFFECT DURING THE PERIOD INVOLVED, PROVIDED IN PERTINENT PART AS FOLLOWS:

"1. SUBJECT TO THE APPROVAL OF THE COMMANDING OFFICER, AN ENLISTED PERSON (INCLUDING AN ENLISTED PERSON WITHOUT DEPENDENTS) ON PERMANENT, TEMPORARY, OR TEMPORARY ADDITIONAL DUTY AT A STATION WHERE A GENERAL MESS IS MAINTAINED, IS ENTITLED TO HAVE HIS RATION COMMUTED AT THE APPLICABLE DAILY RATE. THE COMMANDING OFFICER'S APPROVAL WILL BE BASED ON THE CONDITION THAT THE MESS OF WHICH THE ENLISTED PERSON IS A MEMBER WILL NOT BE LEFT WITH TOO FEW MEMBERS TO PERMIT ECONOMICAL ADMINISTRATION AS A RESULT OF APPROVAL OF THE REQUEST. ENTITLEMENT TO COMMUTED RATIONS COMMENCED ON THE DATE OF WRITTEN APPROVAL OF THE PERSON'S REQUEST BY THE COMMANDING OFFICER, OR A LATER DATE IF SPECIFIED BY THE COMMANDING OFFICER; HOWEVER, THE COMMANDING OFFICER WILL NOT APPROVE A REQUEST FOR COMMUTATION OF RATIONS RETROACTIVELY.

"2. AN ORDER TO ADJUST ACCOUNT (NAVMC 808-SD) WILL BE SUBMITTED TO SUBSTANTIATE THE CREDIT OF COMMUTED RATIONS AND TO TERMINATE THE CREDIT WHEN THE AUTHORITY TO COMMUTE THE ENLISTED PERSON'S RATION IS REVOKED. ORDER TO ADJUST ACCOUNT WILL ALSO BE SUBMITTED WHEN ENTITLEMENT TO COMMUTED RATIONS CEASES FOR ANY REASON AND WHEN ENTITLEMENT RESUMES; FOR EXAMPLE, ENTITLEMENT CEASES BY REASON OF DEPARTURE ON TEMPORARY ADDITIONAL DUTY AND ENTITLEMENT RESUMES UPON THE ENLISTED PERSON'S RETURN TO HIS PERMANENT DUTY STATION. CREDIT OF COMMUTED RATIONS WILL BE ENTERED ON THE PERSON'S PAY RECORD OPPOSITE THE CAPTION "COM RATS.'

"5. AN ENLISTED PERSON IS NOT ENTITLED TO A COMMUTED RATION UNDER THIS PARAGRAPH:

"G. WHILE HE IS ON TEMPORARY ADDITIONAL DUTY, UNLESS THE COMMANDING OFFICER OF THE TEMPORARY ADDITIONAL DUTY STATION APPROVES THE PERSON'S REQUEST FOR COMMUTED RATIONS.'

SINCE NO AUTHORIZATION WAS GRANTED BY THE COMMANDING OFFICER OF YOUR TEMPORARY ADDITIONAL DUTY STATION FOR COMMUTED RATIONS FOR THE PERIOD HERE INVOLVED, AS REQUIRED BY THE REGULATIONS, THERE IS NO PROPER BASIS FOR PAYMENT TO YOU OF COMMUTED RATIONS FOR ANY PART OF THE PERIOD COVERED BY YOUR CLAIM DURING WHICH YOU ARE CONSIDERED AWAY FROM YOUR PERMANENT STATION ON TEMPORARY ADDITIONAL DUTY. HOWEVER, SINCE IT APPEARS THAT DURING CERTAIN PERIODS OF YOUR CLAIM YOU WERE CONSIDERED AT YOUR PERMANENT STATION AND DENIED PER DIEM ON THAT BASIS, YOU ARE ENTITLED TO COMMUTATION OF RATIONS FOR THOSE DAYS, AND A SETTLEMENT FOR THE AMOUNT FOUND DUE ON SUCH BASIS WILL ISSUE IN YOUR FAVOR IN DUE COURSE.