B-147958, JAN. 31, 1962

B-147958: Jan 31, 1962

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USMC: WE HAVE RECEIVED FROM THE GOVERNMENT OF THE MARINE CORPS YOUR STATEMENT OF JULY 26. YOUR STATEMENT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF JUNE 6. AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED PERSONS "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.'. WHEN PERMISSION TO MESS SEPARATELY IS GRANTED" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE A MESS FOR SUBSISTING ENLISTED MEMBERS IS AVAILABLE AND WHEN SUCH ENLISTED MEMBERS ARE AUTHORIZED TO SUBSIST THEMSELVES INDEPENDENTLY. COMRATS IN MCS AREA ARE EFFECTIVE UNKNOWN DATE. WE HAVE CONCLUDED THAT. SUCH RECORD IS SUFFICIENT TO ESTABLISH THAT YOU WERE AUTHORIZED TO SUBSIST YOURSELF INDEPENDENTLY AND THAT YOU WERE ENTITLED TO HAVE YOUR RATION COMMUTED AT THE APPLICABLE DAILY RATE.

B-147958, JAN. 31, 1962

TO SERGEANT GLENN E. DEPRIEST, 1286041, USMC:

WE HAVE RECEIVED FROM THE GOVERNMENT OF THE MARINE CORPS YOUR STATEMENT OF JULY 26, 1961, TOGETHER WITH A LETTER DATED NOVEMBER 29, 1961, FROM THE COMMANDING OFFICER, HEADQUARTERS COMPANY, HEADQUARTERS BATTALION, MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, AND THE ACCOMPANYING ENDORSEMENTS, FURTHER CONCERNING YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FROM DECEMBER 7, 1957, THROUGH OCTOBER 30, 1960. YOUR STATEMENT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF JUNE 6, 1961, WHICH DISALLOWED YOUR CLAIM FOR COMMUTED RATIONS FOR THAT PERIOD.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED PERSONS "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' SECTION 3 (C) OF EXECUTIVE ORDER NO. 10119, DATED MARCH 27, 1950, STATES THAT THE TERM ,WHEN PERMISSION TO MESS SEPARATELY IS GRANTED" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE A MESS FOR SUBSISTING ENLISTED MEMBERS IS AVAILABLE AND WHEN SUCH ENLISTED MEMBERS ARE AUTHORIZED TO SUBSIST THEMSELVES INDEPENDENTLY.

IT APPEARS FROM THE EVIDENCE OF RECORD IN THE FILE THAT ON APRIL 1, 1959, CAPTAIN P. B. FORDHAM, THEN COMMANDING OFFICER OF SUPPLY COMPANY, SERVICE BATTALION, MARINE CORPS SCHOOLS, QUANTICO, VIRGINIA, HAD THE FOLLOWING REMARK ENTERED ON PAGE 11 OF YOUR SERVICE RECORD BOOK: ,COMRATS IN MCS AREA ARE EFFECTIVE UNKNOWN DATE. AUTHORIZED BY CO SERVBN MCS, QUANTICO, VA. MCS FORM-6 NOT FILED IN SRB.' UPON RECONSIDERATION OF YOUR CASE, WE HAVE CONCLUDED THAT, FOR THE PERIOD BEGINNING APRIL 1, 1959, SUCH RECORD IS SUFFICIENT TO ESTABLISH THAT YOU WERE AUTHORIZED TO SUBSIST YOURSELF INDEPENDENTLY AND THAT YOU WERE ENTITLED TO HAVE YOUR RATION COMMUTED AT THE APPLICABLE DAILY RATE. WE HAVE UNIFORMLY HELD, HOWEVER, THAT UNDER THE CITED STATUTORY PROVISIONS AND REGULATIONS THE ALLOWANCE IN QUESTION IS NOT PAYABLE IN THE ABSENCE OF A SHOWING THAT THE ENLISTED PERSON,AT OR PRIOR TO THE BEGINNING OF THE PERIOD INVOLVED, WAS AUTHORIZED BY THE PROPER AUTHORITY TO MESS SEPARATELY. PARAGRAPH 25056 OF THE MARINE CORPS MANUAL, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDED THAT THE COMMANDING OFFICER'S APPROVAL OF A REQUEST FOR COMMUTED RATIONS "MAY NOT COVER A RETROACTIVE PERIOD.' UNDER SUCH REGULATIONS, THE ENTRY ON PAGE 11 OF YOUR SERVICE RECORD BOOK MAY NOT BE GIVEN RETROACTIVE EFFECT. ACCORDINGLY, THE PAYMENT TO YOU OF COMMUTED RATIONS FOR THE PERIOD PRIOR TO APRIL 1, 1959, IS NOT AUTHORIZED.

OUR CLAIMS DIVISION WILL EXAMINE YOUR PAY ACCOUNT TO DETERMINE WHETHER OR NOT YOU HAVE BEEN PAID A SUBSISTENCE ALLOWANCE FOR ANY PART OF THE PERIOD FROM APRIL 1, 1959, THROUGH OCTOBER 30, 1960, AND A SETTLEMENT WILL BE STATED ALLOWING YOU THE AMOUNT PROPERLY DUE YOU FOR THAT PERIOD.