B-160764, MAR. 8, 1967

B-160764: Mar 8, 1967

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AF 17463366: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS DO NOT SHOW THAT DURING THE PERIODS CLAIMED YOU WERE AUTHORIZED BY PROPER AUTHORITY TO RATION SEPARATELY. THE RECORDS INDICATING THAT YOU WERE FIRST AUTHORIZED TO RATION SEPARATELY ON APRIL 1. IN YOUR CLAIM IT IS STATED THAT UPON YOUR ARRIVAL AT CLARK AIR FORCE BASE YOU SUBMITTED YOUR REQUEST FOR SEPARATE RATIONS ON AF FORM 220 TO THE ORDERLY ROOM FOR TYPING AND APPROVAL OF SEPARATE RATIONS EFFECTIVE APRIL 1. ACCORDING TO THE FINANCE OFFICE YOUR FORMS WERE NEVER RECEIVED. WHEN YOU WERE ON TEMPORARY DUTY. SINCE THE LOSS OF YOUR PAPERS AND THE NONPAYMENT OF SEPARATE RATIONS RESULTED FROM ADMINISTRATIVE ERROR AND WAS NOT YOUR FAULT.

B-160764, MAR. 8, 1967

TO STAFF SERGEANT ROBERT F. GROSS, AF 17463366:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10, 1967, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 22, 1966, WHICH DISALLOWED YOUR CLAIM FOR SEPARATE RATIONS ALLOWANCE FOR THE PERIODS APRIL 1 TO JULY 2, 1965; SEPTEMBER 18 TO OCTOBER 9, 1965, AND NOVEMBER 8, 1965, TO MARCH 31, 1966.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORDS DO NOT SHOW THAT DURING THE PERIODS CLAIMED YOU WERE AUTHORIZED BY PROPER AUTHORITY TO RATION SEPARATELY, THE RECORDS INDICATING THAT YOU WERE FIRST AUTHORIZED TO RATION SEPARATELY ON APRIL 1, 1966.

IN YOUR CLAIM IT IS STATED THAT UPON YOUR ARRIVAL AT CLARK AIR FORCE BASE YOU SUBMITTED YOUR REQUEST FOR SEPARATE RATIONS ON AF FORM 220 TO THE ORDERLY ROOM FOR TYPING AND APPROVAL OF SEPARATE RATIONS EFFECTIVE APRIL 1, 1965. AT THAT TIME YOU SAY THE ORDERLY ROOM FORWARDED THE FORMS 220 THROUGH DISTRIBUTION, BUT ACCORDING TO THE FINANCE OFFICE YOUR FORMS WERE NEVER RECEIVED. YOU RELATE THAT YOU DISCOVERED THE ERROR BY CHECKING YOUR PAY RECORDS AND YOU FOUND THAT YOU HAD NOT RECEIVED A SEPARATE RATIONS ALLOWANCE FOR THE PREVIOUS 12 MONTHS. ALSO, YOU STATED THAT YOU PAID FOR ALL OF YOUR MEALS WITH THE EXCEPTION OF THE PERIOD JULY 3 TO SEPTEMBER 17, 1965, WHEN YOU WERE ON TEMPORARY DUTY.

IT APPEARS TO BE YOUR VIEW THAT, SINCE THE LOSS OF YOUR PAPERS AND THE NONPAYMENT OF SEPARATE RATIONS RESULTED FROM ADMINISTRATIVE ERROR AND WAS NOT YOUR FAULT, YOU SHOULD NOT BE DENIED THE ALLOWANCE BECAUSE OF THE ERROR.

SUBSECTION 402 (B) (2), TITLE 37, U.S.C. AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS TO AN ENLISTED MEMBER OF A UNIFORMED SERVICE WHEN ,PERMISSION TO MESS SEPARATELY IS GRANTED" AND SUBSECTION 402 (F) AUTHORIZES THE PRESIDENT TO PRESCRIBE REGULATIONS FOR ADMINISTRATION OF SECTION 402.

IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPH 30406, VOLUME 1, CHANGE 6, DATED MARCH 24, 1965, AIR FORCE MANUAL 177-105 (1964 ED.), JUNE 22, 1964, PROVIDED THAT AF FORM 220 WILL BE USED AS AN APPLICATION, JUNE 22, 1964, PROVIDED THAT AF FORM 220 WILL BE USED AS AN APPLICATION, AUTHORIZATION, AND SUPPORTING DOCUMENT TO CREDIT PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE WHEN AN AIRMAN IS PERMITTED TO RATION SEPARATELY. ALSO, PARAGRAPH 30407 OF THE AFOREMENTIONED CHANGE 6 PROVIDES THAT AN AIRMAN SHOULD SUBMIT AN APPLICATION ON AF FORM 220 IMMEDIATELY UPON REPORTING TO A NEW STATION OR OTHERWISE BECOMING ELIGIBLE TO RATION SEPARATELY. IT PROVIDES FURTHER THAT SECTION II OF THAT FORM SHOULD BE COMPLETED BY THE BASE OR WING COMMANDER, OR AUTHORIZED REPRESENTATIVE, TO SHOW THE EFFECTIVE DATE THE AIRMAN IS AUTHORIZED TO RATION SEPARATELY AND THAT IF THE DATE WAS BASED ON VERBAL ORDERS, SUCH ORDERS MUST BE CONFIRMED, BUT AUTHORITY TO RATION SEPARATELY CANNOT BE RETROACTIVE.

UNDER THE REGULATIONS THE ALLOWANCE IS NOT PAYABLE IN THE ABSENCE OF A SHOWING THAT THE AIRMAN WAS AUTHORIZED, BY PROPER AUTHORITY PRIOR TO THE PERIOD INVOLVED, TO MESS SEPARATELY. IT IS ADMINISTRATIVELY REPORTED IN YOUR CASE THAT YOUR APPLICATION WAS NOT RECEIVED IN THE FINANCE OFFICE. ALSO, THERE IS NOTHING IN THE RECORD TO SHOW THAT YOUR REQUEST FOR PERMISSION TO RATION SEPARATELY WAS APPROVED BY PROPER AUTHORITY.

SINCE THERE IS NOTHING IN THE RECORDS TO SHOW THAT YOU WERE GRANTED AUTHORITY TO MESS SEPARATELY PRIOR TO APRIL 1, 1966, YOUR CASE DOES NOT MEET THE CONDITIONS OF THE REGULATIONS AND THERE IS NO BASIS ON THE RECORD BEFORE US FOR THE ALLOWANCE OF YOUR CLAIM. ALSO, WHILE IT MAY BE THAT YOUR APPLICATION FOR SEPARATE RATIONS WAS LOST THROUGH AN ERROR BY GOVERNMENT PERSONNEL, SUCH FACT IF ESTABLISHED WOULD NOT, IN OUR OPINION, AFFORD A LEGAL BASIS TO APPROVE PAYMENT FOR A PERIOD FOR WHICH NO AUTHORIZATION TO RATION SEPARATELY HAD BEEN GRANTED. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 22, 1966, IS CORRECT AND IS SUSTAINED.

SINCE YOU HAVE STATED THAT YOU PAID FOR THE MEALS THAT YOU ATE IN A GOVERNMENT MESS, EXCEPT DURING A PERIOD OF TEMPORARY DUTY, YOU MAY PRESENT A CLAIM TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER FOR REFUND OF AMOUNTS PAID BY YOU FOR SUCH MEALS SUPPORTED BY ACCEPTABLE EVIDENCE SHOWING THE NUMBER OF MEALS CONSUMED, THE DATES INVOLVED AND THE AMOUNT PAID FOR EACH MEAL. ORDINARILY, THE PAPERS OF A CLAIM ARE NOT RETURNED AS THEY CONSTITUTE A PART OF THE RECORDS OF THIS OFFICE. HOWEVER, WE ARE RETURNING THE PAPERS WHICH WILL ASSIST YOU IN PRESENTING A CLAIM TO THE FINANCE OFFICER FOR THE COST OF MEALS PURCHASED.