B-160584, JAN. 31, 1967

B-160584: Jan 31, 1967

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REETZ: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FEBRUARY 15. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 30. THE RECORD SHOWS THAT YOU WERE MARRIED ON FEBRUARY 6. IT APPEARS THAT YOU WERE MARRIED WHILE ON LEAVE AND DURING YOUR LEAVE YOU WENT TO THE PERSONNEL OFFICE AT THE HOSPITAL AND SUBMITTED A REQUEST TO RATION SEPARATELY AND RECEIVE COMMUTED RATIONS. YOU WERE RELEASED FROM ACTIVE DUTY ON JUNE 6. IT WAS NOTICED BY NAVY PERSONNEL THAT YOUR PAY ACCOUNT HAD NOT BEEN CREDITED WITH COMMUTED RATIONS. YOU SAY YOU DID NOT NOTICE THIS OMISSION YOURSELF FOR THE REASON THAT YOU WERE PROMOTED IN MAY 1965. WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE IN THE ABSENCE OF EVIDENCE THAT YOU HAD BEEN AUTHORIZED TO MESS SEPARATELY DURING THE PERIOD INVOLVED.

B-160584, JAN. 31, 1967

TO MR. WAYNE P. REETZ:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FEBRUARY 15, 1965, TO JUNE 6, 1966, WHILE SERVING AS AN ENLISTED MAN AT THE U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 30, 1966.

THE RECORD SHOWS THAT YOU WERE MARRIED ON FEBRUARY 6, 1965. IT APPEARS THAT YOU WERE MARRIED WHILE ON LEAVE AND DURING YOUR LEAVE YOU WENT TO THE PERSONNEL OFFICE AT THE HOSPITAL AND SUBMITTED A REQUEST TO RATION SEPARATELY AND RECEIVE COMMUTED RATIONS. YOU WERE RELEASED FROM ACTIVE DUTY ON JUNE 6, 1966, AT WHICH TIME YOU STATE, IT WAS NOTICED BY NAVY PERSONNEL THAT YOUR PAY ACCOUNT HAD NOT BEEN CREDITED WITH COMMUTED RATIONS. YOU SAY YOU DID NOT NOTICE THIS OMISSION YOURSELF FOR THE REASON THAT YOU WERE PROMOTED IN MAY 1965, RESULTING IN AN INCREASE IN YOUR PAY. YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD FEBRUARY 15, 1965, TO JUNE 6, 1966, WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE IN THE ABSENCE OF EVIDENCE THAT YOU HAD BEEN AUTHORIZED TO MESS SEPARATELY DURING THE PERIOD INVOLVED.

WITH YOUR PRESENT LETTER, YOU FURNISHED A STATEMENT FROM THE NAVAL HOSPITAL AT SAN DIEGO CERTIFYING THAT YOUR REQUEST FOR COMMUTED RATIONS WHILE ON ACTIVE DUTY AT THAT COMMAND WAS APPROVED FROM 1000 HOURS ON FEBRUARY 15, 1965, TO 0800 HOURS ON MAY 27, 1966. ALSO, IT WAS STATED THAT AT THE TIME OF YOUR APPLICATION FOR COMMUTED RATIONS, THE MEAL PASS PREVIOUSLY ISSUED TO YOU WAS DESTROYED. ON A MILITARY PAY ORDER TO COVER CREDIT OF COMMUTED RATIONS FROM 1000 HOURS FEBRUARY 15, 1965, IT IS STATED IN JUSTIFICATION THAT THE INTERDEPARTMENTAL LOSS OF THE APPROVED COMMUTED RATIONS APPLICATION WAS DUE TO NO FAULT OF YOURS, RESULTING IN NONCREDIT OF THE ALLOWANCE.

SECTION 402, TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE TO MEMBERS OF THE UNIFORMED SERVICES "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' PARAGRAPH A-4404 (7), BUREAU OF NAVAL PERSONNEL MANUAL, CHANGE 10, APPLICABLE TO YOUR CASE, PROVIDES THAT ENLISTED PERSONNEL ON DUTY WHERE A GENERAL MESS IS OPERATED MAY BE AUTHORIZED TO MESS SEPARATELY AND PAID A COMMUTED RATION COMMENCING ON THE DATE AND HOUR FROM WHICH THE MEMBER'S REQUEST IS APPROVED.

THE RECORD WILL NOW BE ACCEPTED AS ESTABLISHING THAT FOLLOWING YOUR MARRIAGE YOU REQUESTED AUTHORITY TO RATION SEPARATELY AND BE PAID COMMUTED RATIONS; THAT SUCH REQUEST WAS APPROVED FOR THE PERIOD FROM 1000 HOURS ON FEBRUARY 15, 1965, TO 0800 HOURS ON MAY 27, 1966, AND THAT YOUR MEAL PASS WAS DESTROYED WHEN YOU APPLIED FOR COMMUTED RATIONS. THEREFORE, A SETTLEMENT FOR THE AMOUNT DUE FOR THAT PERIOD WILL ISSUE IN DUE COURSE. HOWEVER, THERE IS NO BASIS FOR PAYMENT OF COMMUTED RATIONS FOR THE PERIOD 0800 ON MAY 27 TO JUNE 6, 1966, SINCE COMMUTED RATIONS WERE NOT APPROVED FOR THAT PERIOD.