B-162316, SEP. 20, 1967

B-162316: Sep 20, 1967

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SUBMITS COST-OF-LIVING AND HOUSING ALLOWANCE REQUEST MAY NOT HAVE SUCH EVIDENCE REGARDED AS PERMISSION OF MEMBER TO MESS SEPARATELY SINCE IT MERELY SHOWS THAT NO GOVT. MESS WAS AVAILABLE FOR MEMBER AND DEPENDENTS AND NOT THAT GOVT. MESS WAS NOT AVAILABLE TO MEMBER. SINCE NO APPLICATION FOR COMMUTED RATIONS WAS SUBMITTED AND APPROVED UPON ARRIVAL OVERSEAS. THERE IS NO AUTHORITY FOR PAYMENT. 444 32 73: FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION OF APRIL 24. WAS DISALLOWED BY SETTLEMENT DATED APRIL 10. FOR THE REASON THAT THERE WAS NO EVIDENCE THAT YOU WERE AUTHORIZED TO MESS SEPARATELY DURING THAT PERIOD. SUBSTANTIATES THE FACT THAT THERE WAS NO GOVERNMENT MESS AVAILABLE TO YOU FOR THE PERIOD COMMENCING JULY 3.

B-162316, SEP. 20, 1967

ARMED SERVICES - RATIONS - ENTITLEMENT DECISION TO NAVY ENLISTED MEMBER WHO CLAIMS COMMUTED RATIONS DURING SERVICE IN ICELAND. NAVY ENLISTED MEMBER WHO, IN CONNECTION WITH CLAIM FOR COMMUTED RATIONS, SUBMITS COST-OF-LIVING AND HOUSING ALLOWANCE REQUEST MAY NOT HAVE SUCH EVIDENCE REGARDED AS PERMISSION OF MEMBER TO MESS SEPARATELY SINCE IT MERELY SHOWS THAT NO GOVT. MESS WAS AVAILABLE FOR MEMBER AND DEPENDENTS AND NOT THAT GOVT. MESS WAS NOT AVAILABLE TO MEMBER, THEREFORE, SINCE NO APPLICATION FOR COMMUTED RATIONS WAS SUBMITTED AND APPROVED UPON ARRIVAL OVERSEAS, THERE IS NO AUTHORITY FOR PAYMENT.

TO ROBERT V. HERSEY, RMC, USN, 444 32 73:

FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION OF APRIL 24, 1967, TO THE COMMANDING OFFICER, NAVY FINANCE OFFICE, CLEVELAND, OHIO, CONCERNING YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD JULY 3, 1965, TO NOVEMBER 1, 1965, INCIDENT TO YOUR SERVICE AT THE U.S. NAVAL COMMUNICATION STATION, KEFLAVIK, ICELAND.

YOUR CLAIM FOR COMMUTED RATIONS FOR THE PERIOD JANUARY 13, 1965, TO JANUARY 5, 1966, WAS DISALLOWED BY SETTLEMENT DATED APRIL 10, 1967, FOR THE REASON THAT THERE WAS NO EVIDENCE THAT YOU WERE AUTHORIZED TO MESS SEPARATELY DURING THAT PERIOD. THE NAVY FINANCE CENTER, CLEVELAND, OHIO, REPORTS THAT THE AMOUNT DUE YOU ON ACCOUNT OF THE CHARGE FOR MEALS CONSUMED IN THE GENERAL MESS HAS BEEN PAID. IN YOUR COMMUNICATION OF APRIL 24, 1967, TO THE COMMANDING OFFICER, NAVY FINANCE OFFICE, YOU SAY THAT THE COPY OF THE REQUEST FOR COST OF LIVING AND HOUSING ALLOWANCES DATED JULY 9, 1965, ENCLOSED THEREWITH, SUBSTANTIATES THE FACT THAT THERE WAS NO GOVERNMENT MESS AVAILABLE TO YOU FOR THE PERIOD COMMENCING JULY 3, 1965, AND YOU REQUEST THAT YOUR CLAIM FOR COMMUTED RATIONS BE AMENDED TO COVER THE PERIOD JULY 3, 1965, TO NOVEMBER 1, 1965.

SECTION 402 OF TITLE 37, U.S.C. AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE TO AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHEN PERMISSION TO MESS SEPARATELY IS GRANTED. PARAGRAPH A4404 (7) OF THE BUREAU OF NAVAL PERSONNEL MANUAL 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.

UNDER THE ABOVE LAW AND REGULATIONS YOUR ENTITLEMENT TO THE SEPARATE RATIONS ALLOWANCE AT AN ACTIVITY WHERE A GOVERNMENT MESS IS AVAILABLE IS DEPENDENT UPON A SHOWING THAT PRIOR TO THE PERIOD INVOLVED YOU WERE IN FACT AUTHORIZED TO MESS SEPARATELY BY PROPER AUTHORITY FOR THE PERIOD OF YOUR CLAIM. WHILE THE REQUEST FOR COST OF LIVING AND HOUSING ALLOWANCE DATED JULY 9, 1965, SHOWS THAT THERE WAS NO GOVERNMENT MESS AVAILABLE TO YOU AND YOUR DEPENDENTS, IT DOES NOT SHOW THAT THERE WAS NO GOVERNMENT MESS AVAILABLE TO YOU NOR DOES IT SHOW IN THE SPACE PROVIDED THEREFOR THAT WITH RESPECT TO COMMUTED RATIONS YOU WERE AUTHORIZED TO MESS SEPARATELY. THE LAW AND REGULATIONS HAVE REFERENCE ONLY TO THE AVAILABILITY OF A MESS FOR AN ENLISTED MEMBER AND NOT FOR HIS DEPENDENTS. IN VIEW THEREOF AND SINCE IT IS ADMINISTRATIVELY REPORTED THAT AN APPLICATION FOR COMMUTED RATIONS WAS NOT SUBMITTED AND APPROVED UPON YOUR ARRIVAL AT THE U.S. NAVAL COMMUNICATION STATION, KEFLAVIK, ICELAND, THERE IS NO AUTHORITY TO PAY YOU COMMUTED RATIONS FOR THE PERIOD JULY 3, 1965, TO NOVEMBER 1, 1965, PRIOR TO THE DATE YOUR REQUEST FOR COMMUTED RATIONS WAS APPROVED.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR COMMUTED RATIONS WAS CORRECT AND IS SUSTAINED.