B-146685, SEP. 25, 1961

B-146685: Sep 25, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CARR: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED JULY 24. YOU WERE MARRIED ON JUNE 10. WHICH AUTHORIZATION WAS GRANTED VERBALLY BY THE ACTING FIRST SERGEANT. WRITTEN AUTHORIZATION BY PROPER AUTHORITY WAS NOT ISSUED. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT MONETARY ALLOWANCE IN LIEU OF SUBSISTANCE IS AUTHORIZED TO ENLISTED MEN AT STATIONS WHERE GOVERNMENT MESS IS AVAILABLE ONLY IF PERMISSION TO MESS SEPARATELY IS GRANTED BY ORDERS OF PROPER AUTHORITY. YOU SAY THAT IT WAS THE GENERAL PRACTICE OF THE ARMY TO GIVE PERMISSION TO A MARRIED MEMBER TO RESIDE OFF POST AND TO MESS SEPARATELY. THAT SUCH PERMISSION WAS GRANTED IN YOUR CASE.

B-146685, SEP. 25, 1961

TO MR. ALVIN B. CARR:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 7, 1961, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR SEPARATE RATIONS DURING THE PERIOD JUNE 20, 1960, TO FEBRUARY 10, 1961, AS SPECIALIST FOURTH CLASS, US 56 285 494, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT OF THIS OFFICE DATED JULY 24, 1961.

YOU SAY THAT WHILE ON DUTY WITH THE MEDICAL DETACHMENT, LETTERMAN GENERAL HOSPITAL, SAN FRANCISCO, CALIFORNIA, YOU WERE MARRIED ON JUNE 10, 1960; MOVED INTO PRIVATE QUARTERS OFF THE BASE EFFECTIVE JUNE 20, 1960; AND APPLIED FOR AUTHORIZATION FOR SEPARATE RATIONS ALLOWANCE, WHICH AUTHORIZATION WAS GRANTED VERBALLY BY THE ACTING FIRST SERGEANT. HOWEVER, WRITTEN AUTHORIZATION BY PROPER AUTHORITY WAS NOT ISSUED.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT MONETARY ALLOWANCE IN LIEU OF SUBSISTANCE IS AUTHORIZED TO ENLISTED MEN AT STATIONS WHERE GOVERNMENT MESS IS AVAILABLE ONLY IF PERMISSION TO MESS SEPARATELY IS GRANTED BY ORDERS OF PROPER AUTHORITY. AS A BASIS FOR ALLOWANCE OF YOUR CLAIM, YOU SAY THAT IT WAS THE GENERAL PRACTICE OF THE ARMY TO GIVE PERMISSION TO A MARRIED MEMBER TO RESIDE OFF POST AND TO MESS SEPARATELY, AND THAT SUCH PERMISSION WAS GRANTED IN YOUR CASE, BUT DUE TO AN ERROR NO ORDERS WERE ISSUED. IN THIS REGARD YOU STATE THAT YOU HAD RECEIVED QUARTERS ALLOWANCE WITHOUT ORDERS AND, THEREFORE, DID NOT EXPECT ORDERS TO BE ISSUED TO RECEIVE SEPARATE RATIONS.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 251, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' EXECUTIVE ORDER NO. 10119 DATED MARCH 27, 1950 (37 U.S.C. 251), ISSUED UNDER AUTHORITY OF SECTION 301, PROVIDES GENERALLY THAT THE SECRETARY OF THE SERVICE CONCERNED IS AUTHORIZED TO PRESCRIBE SUCH SUPPLEMENTAL REGULATIONS, NOT INCONSISTENT THEREWITH, AS HE MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT THE PROVISIONS OF THAT ORDER AND OF SECTION 301 OF THE ACT. UNDER THE PROVISIONS OF PARAGRAPH 4-23, ARMY REGULATIONS 37-104, APPLICABLE DURING THE PERIOD OF YOUR CLAIM, A CONTEMPORANEOUS AUTHORIZATION FOR PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE WAS REQUIRED BEFORE SUCH PAYMENT COULD BE MADE AND THE DETERMINATION OF THE COMMANDING OFFICER WAS CONCLUSIVE OF THE RIGHTS OF THE PERSON. ALSO, PARAGRAPH 4-24A OF THE SAME REGULATIONS PROVIDED, IN EFFECT, THAT FINAL ACTION ON APPLICATIONS FOR BASIC ALLOWANCE FOR SUBSISTENCE WOULD BE TAKEN BY THE INSTALLATION COMMANDER OR HIS DEPUTY DELEGATED TO AUTHORIZE, INDIVIDUALLY, ENLISTED PERSONNEL TO MESS SEPARATELY.

UNDER THE REGULATIONS REFERRED TO ABOVE THE SEPARATE RATIONS ALLOWANCE WAS NOT PAYABLE UNLESS YOU WERE AUTHORIZED BY PROPER AUTHORITY PRIOR TO OR CONTEMPORANEOUSLY WITH THE PERIOD INVOLVED TO MESS SEPARATELY. HENCE, ANY VERBAL PERMISSION THAT MAY HAVE BEEN GIVEN YOU BY THE ACTING FIRST SERGEANT TO RATION SEPARATELY WAS INEFFECTIVE TO AUTHORIZE PAYMENT OF SEPARATE RATIONS.

ACCORDINGLY, THE SETTLEMENT OF JULY 24, 1961, DISALLOWING YOUR CLAIM WAS PROPER AND IS SUSTAINED.