B-141975, FEB. 25, 1960

B-141975: Feb 25, 1960

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CONCERNING THE DIFFICULTY YOU INCURRED IN REACHING MESSING FACILITIES AND SUGGEST THAT WE MAY HAVE INADVERTENTLY OVERLOOKED THE INFORMATION CONTAINED THEREIN IN REACHING OUR CONCLUSION TO DENY YOUR CLAIM. THE RECORD SHOWS THAT YOU WERE ADVISED BY THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE. WHERE SUBSISTENCE IN KIND IS AVAILABLE TO YOU IN THE IMMEDIATE VICINITY IN THE SAME MANNER IT IS AVAILABLE TO ALL OTHER CIVILIAN MARINE PERSONNEL IN THE AREA. STATING THAT THE ASHORE SUBSISTENCE ACCOMMODATIONS FURNISHED AT KISHINE ARE COMPARABLE TO SHIP ACCOMMODATIONS SO FAR AS POSSIBLE AND PRACTICABLE AND THAT THERE WAS SUFFICIENT TIME TO PERMIT YOU TO USE THE MESS. HAD COMPLIED WITH THE REGULATIONS IN CIVILIAN MARINE PERSONNEL INSTRUCTIONS CONCERNING THE FURNISHING OF SUBSISTENCE AND QUARTERS AND THEREFORE DENIAL OF YOUR CLAIM WAS RECOMMENDED.

B-141975, FEB. 25, 1960

TO MR. ALEXANDER B. SALTON:

ON JANUARY 26, 1960, YOU REQUESTED RECONSIDERATION OF OUR SETTLEMENT CERTIFICATE DATED DECEMBER 3, 1959, WHICH DISALLOWED YOUR CLAIM FOR THE PAYMENT OF CASH IN LIEU OF SUBSISTENCE IN KIND FOR ONE MEAL ON APRIL 6,1959, THREE MEALS PER DAY APRIL 7 THROUGH MAY 24, 1959, TWO MEALS PER DAY ON MAY 25 AND 28, 1959, AND THREE MEALS PER DAY MAY 29 THROUGH 31, 1959, AS AN EMPLOYEE OF THE MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA.

YOU DIRECT OUR ATTENTION TO PARAGRAPH FOUR OF YOUR LETTER OF APRIL 30, 1959, TO THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA, CONCERNING THE DIFFICULTY YOU INCURRED IN REACHING MESSING FACILITIES AND SUGGEST THAT WE MAY HAVE INADVERTENTLY OVERLOOKED THE INFORMATION CONTAINED THEREIN IN REACHING OUR CONCLUSION TO DENY YOUR CLAIM. YOUR PRESENT LETTER AGAIN EXPLAINS IN DETAIL THE TRANSPORTATION DIFFICULTIES INVOLVED IN THE USE OF THE MESSING FACILITIES.

THE RECORD SHOWS THAT YOU WERE ADVISED BY THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA, THAT EFFECTIVE APRIL 1, 1959, YOU WOULD NO LONGER BE PAID CASH IN LIEU OF SUBSISTENCE BECAUSE STAFF OFFICES HAD BEEN RELOCATED TO THE NORTH PIER, YOKOHAMA, WHERE SUBSISTENCE IN KIND IS AVAILABLE TO YOU IN THE IMMEDIATE VICINITY IN THE SAME MANNER IT IS AVAILABLE TO ALL OTHER CIVILIAN MARINE PERSONNEL IN THE AREA. ON APRIL 30, 1959, YOU SUBMITTED COPIES OF MENUS FROM SHIPS FOR COMPARISON WITH MENUS AT KISHINE BARRACKS CASUAL MESS TO SHOW THAT THE MEALS SERVED AT THE MESS DID NOT COMPARE WITH THE MEALS SERVED ON BOARD SHIP AND YOU ALSO COMPLAINED OF THE DIFFICULTIES IN TRANSPORTATION TO THE MESS. ON JUNE 1, 1959, THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA, REPLIED TO YOUR LETTER OF APRIL 30, 1959, STATING THAT THE ASHORE SUBSISTENCE ACCOMMODATIONS FURNISHED AT KISHINE ARE COMPARABLE TO SHIP ACCOMMODATIONS SO FAR AS POSSIBLE AND PRACTICABLE AND THAT THERE WAS SUFFICIENT TIME TO PERMIT YOU TO USE THE MESS. ON JUNE 23, 1959, YOU ADDRESSED A LETTER TO THE COMPTROLLER OF THE NAVY VIA THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE, WESTERN PACIFIC AREA AND THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE STATING THE REASONS AND CONDITIONS UPON WHICH YOU BASED YOUR CLAIM AND REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM BY THE COMMANDER, WESTERN PACIFIC AREA. THE COMMANDER MILITARY SEA TRANSPORTATION SERVICE REVIEWED THE MATTER AND ADVISED THE COMPTROLLER OF THE NAVY THAT THE COMMANDER, WESTERN PACIFIC AREA, HAD COMPLIED WITH THE REGULATIONS IN CIVILIAN MARINE PERSONNEL INSTRUCTIONS CONCERNING THE FURNISHING OF SUBSISTENCE AND QUARTERS AND THEREFORE DENIAL OF YOUR CLAIM WAS RECOMMENDED. YOUR CLAIM WAS FORWARDED TO OUR CLAIMS DIVISION WITH A RECOMMENDATION FOR ITS DISALLOWANCE FROM BOTH THE COMPTROLLER OF THE NAVY AND THE U.S. NAVY REGIONAL ACCOUNTS OFFICE.

OUR CLAIMS DIVISION REVIEWED THE COMPLETE FILE INCLUDING ALL LETTERS AND ENCLOSURES SUBMITTED BY YOU AND THE DIFFERENT NAVY OFFICES CONCERNED AND ALSO THE CIVILIAN MARINE PERSONNEL INSTRUCTIONS NO. 225 (SUBSISTENCE AND QUARTERS) AND FOUND THAT THE RECORD SHOWS THAT SUBSISTENCE IN KIND WAS AVAILABLE DURING THE ABOVE PERIODS IN ACCORDANCE WITH THE REGULATIONS. THE SETTLEMENT OF CLAIMS BY OUR OFFICE MUST NECESSARILY BE BASED UPON THE WRITTEN RECORD AND WHEN THERE IS DISAGREEMENT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICE CONCERNED WE MUST RELY UPON THE FINDINGS OF THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF CONCLUSIVE EVIDENCE TO SUPPORT A DIFFERENT FINDING. THE INFORMATION PRESENTED IN YOUR PRESENT LETTER IS SUBSTANTIALLY THE SAME AS THAT PRESENTED IN YOUR LETTERS OF APRIL 30 AND JUNE 23, 1959.

WE HAVE REVIEWED THE ENTIRE FILE IN YOUR CASE TOGETHER WITH THE PERTINENT REGULATIONS AND IT APPEARS THE CONCLUSION REACHED IN THE SETTLEMENT OF DECEMBER 3, 1959, TO YOU, IS CORRECT AND ON THE PRESENT RECORD THAT SETTLEMENT IS SUSTAINED.