B-153665, APR. 22, 1964

B-153665, APR. 22, 1964

TO MASTER SERGEANT RAYMOND R. MINTON:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1964, REQUESTING REVIEW OF OUR SETTLEMENT OF FEBRUARY 10, 1964, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL BASIC ALLOWANCE FOR SUBSISTENCE (PRO-RATA ALLOWANCE FOR 59 MEALS WHICH YOU SAY YOU PROCURED AT YOUR OWN EXPENSE WHERE NO GOVERNMENT MESSING FACILITIES WERE AVAILABLE) FOR THE PERIOD BEGINNING WITH THE MONTH OF JANUARY 1961 AND ENDING WITH THE MONTH OF AUGUST 1963, INCIDENT TO YOUR SERVICE AS AN INFORMATION SPECIALIST AT SECOND ARMY HEADQUARTERS, FORT GEORGE G. MEADE, MARYLAND.

YOU SAY THAT YOUR NORMAL DUTY STATION DURING THE PERIOD INVOLVED WAS FORT GEORGE G. MEADE AND THAT DURING SUCH PERIOD YOU WERE AUTHORIZED TO RATION SEPARATELY. YOU SAY FURTHER, HOWEVER, THAT AS AN INFORMATION SPECIALIST YOUR DUTIES AS A STAFF WRITER WITH SECOND ARMY'S NEWSPAPER (SECOND ARMY SENTINEL) REQUIRED YOU TO PERFORM DUTY TWICE A MONTH IN DOWNTOWN BALTIMORE AND THAT SINCE NO GOVERNMENT MESSING FACILITIES WERE AVAILABLE THERE, YOU WERE REQUIRED TO PROCURE YOU DINNER MEAL AT YOUR OWN EXPENSE ON THOSE DAYS. IN CONNECTION WITH YOU CLAIM, YOU HAVE FURNISHED A STATEMENT SIGNED BY R. LAMAR UNDERWOOD, EDITOR, SECOND ARMY SENTINEL, TO THE EFFECT THAT HE IS YOUR IMMEDIATE SUPERVISOR AND THAT HE WITNESSED YOUR ACTION IN PAYING FOR THE MEALS INDICATED ON THE LIST ATTACHED TO HIS STATEMENT. YOU SAY THAT YOU BELIEVE THAT SUCH STATEMENT IS SUFFICIENT EVIDENCE TO SUPPORT YOUR CLAIM AND THAT YOU DID NOT SUBMIT YOUR CLAIM AT THE TERMINATION OF EACH MONTH IN WHICH THE MEALS WERE CONSUMED BECAUSE YOU ERRONEOUSLY BELIEVED THAT YOUR BEING IN RECEIPT OF SEPARATE RATIONS PRECLUDED REIMBURSEMENT.

SUBSECTION 301 (F) OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY THE ACT OF AUGUST 5, 1955, CH. 579, 69 STAT. 538, PROVIDED THAT, UNDER REGULATIONS PROMULGATED AS THERE AUTHORIZED, ENLISTED MEMBERS GRANTED PERMISSION TO MESS SEPARATELY WHOSE DUTIES REQUIRED THEM TO PURCHASE ONE OR MORE MEALS FROM OTHER THAN GOVERNMENT MESSES SHOULD BE ENTITLED TO NOT TO EXCEED THE PRO-RATA ALLOWANCE AUTHORIZED FOR EACH SUCH MEAL FOR ENLISTED MEMBERS WHEN RATIONS IN KIND WERE NOT AVAILABLE. THE PERTINENT ARMY REGULATIONS WERE CONTAINED IN SECTION II, CHAPTER 4, ARMY REGULATIONS 37-104. THE AMOUNTS WHICH MIGHT BE PAID TO AN ENLISTED MEMBER WHO WAS GRANTED PERMISSION TO MESS SEPARATELY WHEN HIS ASSIGNED DUTY REQUIRED HIM TO PURCHASE ONE OR MORE MEALS FROM OTHER THAN A GOVERNMENT MESS WERE SET FORTH IN PARAGRAPH 4 26D OF THE REGULATIONS THEN IN EFFECT AND IT WAS PROVIDED IN THAT PARAGRAPH, AS AMENDED BY CHANGE 45, AUGUST 2, 1961, THAT THE OFFICER WHO DETERMINED THE NUMBER OF MEALS IT WAS NECESSARY FOR THE ENLISTED MEMBER TO PURCHASE FROM OTHER THAN A GOVERNMENT MESS WOULD FURNISH THE COMMANDING OFFICER OR HIS REPRESENTATIVE A STATEMENT AS TO THE ACTUAL NUMBER OF MEALS FOR WHICH ADDITIONAL AMOUNTS WERE DUE. IT WAS SPECIFIED IN PARAGRAPH 4-29A (CHANGE 7, OCTOBER 31, 1958) THAT WHEN A MEMBER WAS GRANTED PERMISSION TO MESS SEPARATELY AND WAS AUTHORIZED AN ADDITIONAL ALLOWANCE AS PRESCRIBED IN PARAGRAPH 4-26D, A MILITARY PAY ORDER WOULD BE SUBMITTED MONTHLY TO SUBSTANTIATE SUCH CREDIT.

THE RECORDS SHOW THAT YOUR REQUEST OF AUGUST 21, 1963, ON DA FORM 1049, FOR REIMBURSEMENT "FOR MEALS CONSUMED ON DUTY DAYS WHEN GOVERNMENT MESSING FACILITIES WERE NOT AVAILABLE," WAS FORWARDED BY ENDORSEMENT OF AUGUST 23, 1963, FROM THE COMMANDING OFFICER, SECOND U.S. ARMY SUPPORT ELEMENT, TO THE COMMANDING OFFICER, FORT GEORGE G. MEADE, WITH THE STATEMENT: "THIS HEADQUARTERS IS UNABLE TO VERIFY THE PERIODS INDICATED.' BY ENDORSEMENT OF SEPTEMBER 3, 1963, THE COMMANDING OFFICER, FORT GEORGE G. MEADE, APPROVED PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE FOR MEALS MISSED BY YOU ON AUGUST 14 AND 28, 1963, AND RETURNED YOUR REQUEST TO THE COMMANDING OFFICER, SECOND U.S. ARMY SUPPORT ELEMENT STATING:

"THE PERIOD INVOLVED IS RETROACTIVE BEYOND THAT WHICH WOULD ALLOW PAYMENT OF THIS REQUEST BY THE FINANCE AND ACCOUNTING FACILITIES AT THIS INSTALLATION, AND REQUEST IS THEREFORE NOT FAVORABLY CONSIDERED.'

YOU HAVE FURNISHED AN EXTRACT COPY OF SPECIAL ORDER NO. 179, HEADQUARTERS, SECOND U.S. ARMY SUPPORT ELEMENT, FORT GEORGE G. MEADE, MARYLAND, DATED SEPTEMBER 19, 1963, AUTHORIZING PAYMENT TO YOU OF MONETARY ALLOWANCE IN LIEU OF SUBSISTENCE FOR YOUR DINNER MEALS ON AUGUST 14 AND 18, 1963, AND IT IS PRESUMED THAT YOU HAVE BEEN PAID ACCORDINGLY.

AS TO THE REMAINDER OF THE PERIOD INVOLVED, SINCE YOU HAVE FURNISHED NO INFORMATION FROM AN OFFICIAL SOURCE IN SUPPORT OF YOUR CLAIM, YOU HAVE NOT ESTABLISHED ITS VALIDITY TO THE EXTENT CONTEMPLATED BY THE CITED STATUTORY PROVISIONS AND REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 10, 1964, DISALLOWING YOUR CLAIM, IS SUSTAINED.