B-141079, NOV. 17, 1959

B-141079: Nov 17, 1959

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NAVY NUMBER 128: REFERENCE IS MADE TO YOUR LETTER (44: SK 7220) OF OCTOBER 20. YOUR LETTER AND ENCLOSURES DO NOT APPEAR TO HAVE BEEN FORWARDED TO THIS OFFICE THROUGH THE OFFICE OF THE COMPTROLLER OF THE NAVY AND A PAYMENT VOUCHER. WAS NOT ENCLOSED WITH YOUR APPLICATION FOR AN ADVANCE DECISION. GARRETT "HAS RECEIVED WORD THAT HIS TEMPORARY APPOINTMENT TO WARRANT WILL BE FORTHCOMING SOMETIME IN OCTOBER 1959. THERE IS A QUESTION CONCERNING RATIONS THAT SHOULD BE DETERMINED WHICH MIGHT AFFECT HIS CHOICE OF RETAINING HIS ENLISTED RATE OR ACCEPTING THE TEMPORARY COMMISSION.'. CAN HE BE RECREDITED COMRATS AT HIS NEXT DUTY STATION WHILE IN A SAVED PAY STATUS OR IF HE IS SUBSEQUENTLY ASSIGNED TO A VESSEL WHERE COMMUTED RATIONS ARE NOT AUTHORIZED TO BE CREDITED.

B-141079, NOV. 17, 1959

TO C. H. GREEN, DISBURSING OFFICER, NAVY NUMBER 128:

REFERENCE IS MADE TO YOUR LETTER (44: SK 7220) OF OCTOBER 20, 1959, AND ENCLOSURES, SUBMITTING THE CASE OF KENNETH E. GARRETT 283 76 24, MASTER CHIEF SHIP'S SERVICEMAN. YOUR LETTER AND ENCLOSURES DO NOT APPEAR TO HAVE BEEN FORWARDED TO THIS OFFICE THROUGH THE OFFICE OF THE COMPTROLLER OF THE NAVY AND A PAYMENT VOUCHER, APPROPRIATELY CERTIFIED, WAS NOT ENCLOSED WITH YOUR APPLICATION FOR AN ADVANCE DECISION.

YOU STATE THAT KENNETH E. GARRETT "HAS RECEIVED WORD THAT HIS TEMPORARY APPOINTMENT TO WARRANT WILL BE FORTHCOMING SOMETIME IN OCTOBER 1959," AND THAT "BEFORE ACCEPTING THE TEMPORARY COMMISSION, THERE IS A QUESTION CONCERNING RATIONS THAT SHOULD BE DETERMINED WHICH MIGHT AFFECT HIS CHOICE OF RETAINING HIS ENLISTED RATE OR ACCEPTING THE TEMPORARY COMMISSION.' YOU INDICATE THAT SHOULD THE ENLISTED MAN ACCEPT THE COMMISSION HE WOULD BE PLACED IN A SAVED PAY STATUS AND YOU THEREFORE PRESENT THE FOLLOWING QUESTIONS CONCERNING RATIONS--- "SHOULD HE BE DETACHED FROM THIS ACTIVITY AND HIS COMRATS STOPPED, CAN HE BE RECREDITED COMRATS AT HIS NEXT DUTY STATION WHILE IN A SAVED PAY STATUS OR IF HE IS SUBSEQUENTLY ASSIGNED TO A VESSEL WHERE COMMUTED RATIONS ARE NOT AUTHORIZED TO BE CREDITED, HOW WILL MEMBER THEN BE SUBSISTED INASMUCH AS HE CAN NOT RECEIVE OFFICERS RATIONS (BAS) WHILE STILL RECEIVING ENLISTED RATES OF PAY.'

THIS OFFICE MAY RENDER A DECISION TO A DISBURSING OFFICER IN ADVANCE OF PAYMENT ONLY WHEN A VOUCHER, PROPERLY CERTIFIED AND APPROVED, HAS BEEN SUBMITTED HERE WITH A COMPLETE STATEMENT OF FACTS. FURTHERMORE, THIS OFFICE MAY NOT RENDER A DECISION TO A DISBURSING OFFICER ON HYPOTHETICAL QUESTIONS. SEE 22 COMP. GEN. 588 AND PARAGRAPH 041322-2, NAVY COMPTROLLER MANUAL, VOLUME 4. THE QUESTIONS PRESENTED IN YOUR LETTER OF OCTOBER 20, 1959, CONCERNING THE RATION STATUS OF THE SUBJECT MAN (UNDER THE SAVED PAY PROVISIONS OF PARAGRAPH 044022 NAVY COMPTROLLER MANUAL, VOLUME 4) ARE ENTIRELY HYPOTHETICAL IN NATURE. SINE THE QUESTIONS PRESENTED ARE NOT RAISED IN A VOUCHER BEFORE YOU FOR PAYMENT, AN ADVANCE DECISION MAY NOT BE RENDERED IN THE MATTER.

IN CONNECTION WITH THE SUBJECT MATTER OF YOUR LETTER GENERALLY, SEE 29 COMP. GEN. 347, 350; ID. 464; 31 ID. 180.