B-154158, AUG. 6, 1964

B-154158, AUG. 6, 1964

TO FIRST LIEUTENANT GARY D. CALTRIDER:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF THE CHARGE MADE AGAINST YOU FOR MEALS DURING THE PERIODS NOVEMBER 8 TO 13, 1962, AND NOVEMBER 21 TO 30, 1962, EXCEPT THE FIRST AND LAST DAYS, WHILE ABOARD THE U.S.S. OKANOGAN. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 24, 1964.

BY ORDERS DATED NOVEMBER 3, 1962, ISSUED BY HEADQUARTERS, FORT GORDON, GEORGIA, YOU WERE DIRECTED TO PROCEED ON OR ABOUT NOVEMBER 4, 1962, TO A CLASSIFIED DESTINATION FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO THE PROPER STATION. IT IS REPORTED THAT YOU AND SEVERAL OTHERS WERE FLOWN TO THE PANAMA CANAL ZONE ON NOVEMBER 4, 1962, AND ATTACHED TO THE 5TH MEB ON NOVEMBER 5. IT APPEARS THAT YOU WERE ON TEMPORARY DUTY AWAITING FURTHER INSTRUCTIONS IN CONNECTION WITH THE CUBAN CRISIS (RATHER THAN MERELY BEING PROVIDED TRANSPORTATION BY GOVERNMENT VESSEL TO A TEMPORARY DUTY POST) FROM THE TIME YOU BOARDED SHIP UNTIL YOUR DEPARTURE AT GUANTANAMO ON NOVEMBER 30, 1962, EXCEPT WHILE YOU WERE IN A TRAINING STATUS ON THE ISLAND OF VIEQUES FROM NOVEMBER 13 TO 21, 1962.

WHERE SUBSISTENCE IS FURNISHED BY THE GOVERNMENT TO AN OFFICER OF THE MILITARY SERVICES CHARGE FOR THE VALUE THEREOF ALWAYS IS MADE AGAINST THE OFFICER BECAUSE HE IS ENTITLED AT ALL TIMES TO A BASIC ALLOWANCE FOR SUBSISTENCE. 30 COMP. GEN. 246.

SECTION 405 OF TITLE 37 OF THE U.S.C. PROVIDES THAT THE SECRETARY OF THE SERVICE CONCERNED MAY AUTHORIZE THE PAYMENT, IN ADDITION TO THE BASIC SUBSISTENCE ALLOWANCE, OF PER DIEM CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO MEMBERS OF THE UNIFORMED SERVICES WHO ARE ON DUTY OUTSIDE OF THE UNITED STATES, OR IN HAWAII OR ALASKA, WHETHER OR NOT IN A TRAVEL STATUS. PARAGRAPH 4253-5B OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT STATUTORY AUTHORITY PROVIDES THAT MEMBERS TRAVELING ON A TRIP BY GOVERNMENT VESSEL OF 24 HOURS OR MORE AS PASSENGERS (EXCEPT THOSE ABOARD FOR TEMPORARY DUTY OR TRAINING) WHO ARE CHARGED FOR SUBSISTENCE WILL BE PAID PER DIEM ALLOWANCE COMMENSURATE WITH THE COST TO THE TRAVELER FOR MEALS FURNISHED, EXCEPT ON THE DAY OF EMBARKATION OR DEBARKATION. PARAGRAPH 4250-8 OF THE REGULATIONS PROVIDES THAT PER DIEM IS NOT PAYABLE FOR ANY PERIOD OF TEMPORARY DUTY OR TRAINING DUTY ABOARD A GOVERNMENT VESSEL, WHEN BOTH GOVERNMENT QUARTERS AND MESS ARE AVAILABLE, COMMENCING THE DAY AFTER THE DAY OF ARRIVAL ON BOARD AND TERMINATING THE DAY PRIOR TO THE DAY OF DEPARTURE THEREFROM.

SINCE IT APPEARS THAT YOU WERE PERFORMING TEMPORARY DUTY ABOARD THE U.S.S. OKANOGAN AWAITING THE OUTCOME OF THE CUBAN CRISIS DURING THE PERIOD OF YOUR CLAIM, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM FOR REFUND OF CHARGE FOR MEALS WHILE YOU WERE ABOARD THAT VESSEL. SEE 31 COMP. GEN. 575. ACCORDINGLY THE SETTLEMENT OF APRIL 24, 1964, MUST BE AND IS SUSTAINED.

THE REGULATIONS AND DECISIONS CITED ABOVE GOVERN THE ENTITLEMENT OF OFFICERS SERVING ABOARD GOVERNMENT VESSELS TO REIMBURSEMENT FOR THE COST OF MEALS SERVED TO THEM ABOARD SUCH VESSELS. THE FACT THAT OTHER OFFICERS ABOARD THE U.S.S. OKANOGAN MAY HAVE BEEN REIMBURSED FOR MEAL CHARGES AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THE QUESTION OF THE CORRECTNESS OF SUCH REIMBURSEMENT WILL BE FOR CONSIDERATION IN THE AUDIT OF THE ACCOUNTS OF THE DISBURSING OFFICERS ..END :