B-142474, MAY 20, 1960

B-142474, MAY 20, 1960

TO MR. ROBERT H. ROHLING:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 25, 1960, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED MAY 21, 1947, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS AND SUBSISTENCE FOR THE PERIOD SEPTEMBER 12, 1945 TO JANUARY 1, 1946, INCIDENT TO YOUR SERVICE WITH THE UNITED STATES NAVY.

IT APPEARS THAT DURING THE PERIOD IN QUESTION YOU WERE SERVING ON SHORE PATROL DUTY IN PROVIDENCE, RHODE ISLAND, 20 MILES FROM YOUR BASE AT THE NAVAL CONSTRUCTION TRAINING CENTER, DAVISVILLE, RHODE ISLAND. IN PREVIOUS LETTERS FROM YOU IT IS STATED THAT SINCE IT WOULD HAVE TAKEN YOU AT LEAST THREE HOURS' TRAVEL TIME TO COMMUTE DAILY BETWEEN PROVIDENCE AND YOUR BASE, YOU OBTAINED QUARTERS AND SUBSISTENCE IN PROVIDENCE AT PERSONAL EXPENSE. IN YOUR LETTER OF MARCH 25, 1960, YOU SAY THE SHORE PATROL OFFICER IN CHARGE PAID YOU THE SUM OF $10.50 IN CASH EACH WEEK FOR MEAL ALLOWANCE AND HE TOLD YOU THAT YOU WOULD ALSO BE PAID THE ALLOWANCE FOR SUBSISTENCE AND QUARTERS AT THE TIME OF DISCHARGE.

THE PAYMENT OF SUBSISTENCE AND QUARTERS ALLOWANCE TO ENLISTED MEN, NOT FURNISHED SUBSISTENCE AND QUARTERS IN KIND DURING THE PERIOD OF YOUR CLAIM, IS GOVERNED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363 AND THE EXECUTIVE ORDERS ISSUED PURSUANT THERETO. UNDER THE ACT AND EXECUTIVE ORDERS NOS. 9386 AND 9561, DATED OCTOBER 15, 1943, AND JUNE 1, 1945, RESPECTIVELY, ISSUED PURSUANT THERETO AND IN EFFECT DURING THE PERIOD OF YOUR CLAIM, THE PAYMENT OF QUARTERS AND SUBSISTENCE ALLOWANCES TO AN ENLISTED MAN WAS CONTINGENT UPON THEIR BEING PROPERLY AUTHORIZED BY THE MILITARY AND NAVAL AUTHORITIES CONCERNED. SUCH ALLOWANCES MUST HAVE BEEN AUTHORIZED BY WRITTEN ORDERS ISSUED CONTEMPORANEOUSLY WITH THE PERIOD FOR WHICH THEY WERE TO BE PAID. SEE 8 COMP. GEN. 82. THERE IS NO EVIDENCE IN THE OFFICIAL RECORD THAT ANY SUCH ORDERS WERE ISSUED IN YOUR CASE. ON THE CONTRARY, A STATEMENT SIGNED BY LIEUTENANT J. REUTER DATED JANUARY 1, 1946, COPY ENCLOSED WITH YOUR LETTER, INDICATES THAT NO COMPETENT ORDERS AUTHORIZING PAYMENT OF SUCH ALLOWANCES TO YOU WERE ISSUED BY THE PROPER AUTHORITY. IN THE ABSENCE OF SUCH ORDERS WE MAY NOT GIVE YOUR CLAIM FAVORABLE CONSIDERATION.

IT MAY BE STATED FOR YOUR INFORMATION THAT THE SUBSISTENCE AND QUARTERS ALLOWANCES ARE SEPARATE AND DISTINCT FROM SHORE PATROL EXPENSES, AND WHEN PROPERLY AUTHORIZED, ARE PAYABLE INDEPENDENTLY OF ANY ASSIGNMENT TO SHORE PATROL DUTY AND REGULATIONS GOVERNING PAYMENTS IN THAT RESPECT. THE REGULATIONS OF THE NAVY DEPARTMENT REGARDING SHORE PATROL EXPENSES (ARTICLE D-10112, BUREAU OF NAVAL PERSONNEL MANUAL) PROVIDED THAT REIMBURSEMENT FOR SHORE PATROL EXPENSES ACTUALLY INCURRED MIGHT BE MADE TO AN INDIVIDUAL MEMBER OF THE SHORE PATROL UNDER CERTAIN CIRCUMSTANCES AND APPARENTLY THE MEAL ALLOWANCE OF $10.50, WHICH YOU SAY YOU RECEIVED WAS PAID TO YOU UNDER SUCH REGULATIONS. HOWEVER, PAYMENT OF THIS MEAL ALLOWANCE WOULD NOT, IN ANY WAY, AFFECT OR DETERMINE YOUR ENTITLEMENT TO THE QUARTERS AND SUBSISTENCE ALLOWANCES AUTHORIZED BY THE PAY READJUSTMENT ACT OF 1942.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DENYING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.