B-167774, JAN. 28, 1970
Highlights
RATION ALLOWANCE DECISION TO AIR FORCE MEMBER SUSTAINING DISALLOWANCE OF CLAIM FOR SEPARATE RATIONS WHICH WAS THE SUBJECT OF DECISION OF OCTOBER 31. IN ABSENCE OF EVIDENCE THAT MEMBER WAS AUTHORIZED TO MESS SEPARATELY. TO SENIOR MASTER SERGEANT WALTER WANZENRIED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6. THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION TO YOU OF OCTOBER 31. YOU WERE ADVISED OF THE APPLICABLE PROVISIONS OF LAW WHICH PERMIT THE PAYMENT OF A SEPARATE RATION ALLOWANCE ONLY "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.". PARAGRAPH 4A THEREOF PROVIDING THAT "AF FORM 220 WILL BE PREPARED BY THE CBPO (APPARENTLY AN ABBREVIATION FOR CONSOLIDATED BASE PERSONNEL OFFICE) FOR ALL INCOMING AIRMEN AUTHORIZED TO MESS SEPARATELY.".
B-167774, JAN. 28, 1970
MILITARY--RATION ALLOWANCE DECISION TO AIR FORCE MEMBER SUSTAINING DISALLOWANCE OF CLAIM FOR SEPARATE RATIONS WHICH WAS THE SUBJECT OF DECISION OF OCTOBER 31, 1969. IN ABSENCE OF EVIDENCE THAT MEMBER WAS AUTHORIZED TO MESS SEPARATELY, RATION ALLOWANCE MAY NOT BE PAID.
TO SENIOR MASTER SERGEANT WALTER WANZENRIED:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 6, 1970, IN EFFECT REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR SEPARATE RATION ALLOWANCE DURING THE PERIOD JANUARY 10, 1967, TO SEPTEMBER 30, 1968, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION TO YOU OF OCTOBER 31, 1969, B-167774.
IN OUR DECISION, YOU WERE ADVISED OF THE APPLICABLE PROVISIONS OF LAW WHICH PERMIT THE PAYMENT OF A SEPARATE RATION ALLOWANCE ONLY "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED." EVEN THOUGH CIRCUMSTANCES MAY BE APPROPRIATE FOR THE GRANTING OF SUCH PERMISSION, NO RIGHT TO THE ALLOWANCE CAN ACCRUE UNLESS THE MEMBER CONCERNED HAS BEEN AUTHORIZED BY PROPER AUTHORITY TO RATION SEPARATELY. THE REGULATIONS ISSUED BY HEADQUARTERS, FAIRCHILD AIR FORCE BASE, UNDER DATE OF JANUARY 17, 1969, SUBMITTED WITH YOUR LETTER, RECOGNIZE THIS REQUIREMENT, PARAGRAPH 4A THEREOF PROVIDING THAT "AF FORM 220 WILL BE PREPARED BY THE CBPO (APPARENTLY AN ABBREVIATION FOR CONSOLIDATED BASE PERSONNEL OFFICE) FOR ALL INCOMING AIRMEN AUTHORIZED TO MESS SEPARATELY." PRESUMABLY REGULATIONS IN EFFECT WHEN YOU REPORTED FOR DUTY AT FAIRCHILD AIR FORCE BASE INCLUDED A SIMILAR PROVISION.
IN CONNECTION WITH THE FOREGOING, PARAGRAPH 10422(B), AFM 177-105, CHANGE 14, JUNE 15, 1966, IN EFFECT AT THE TIME OF YOUR ASSIGNMENT TO THE 92D COMBAT DEFENSE SQUADRON, STATES SUBSISTENCE ALLOWANCES ARE NOT TO BE AUTHORIZED SOLELY ON THE BASIS OF MARITAL STATUS, DEPENDENCY, OR THE LOCATION OF THE AIRMAN'S RESIDENCE.
THE ONLY PAPER YOU HAVE SUBMITTED WHICH RELATES TO THIS MATTER IN ANY WAY IS THE STATEMENT DATED MAY 2, 1969, SIGNED BY THE OFFICER WHO COMMANDED THE SQUADRON TO WHICH YOU WERE ATTACHED IN 1967. YOU HAVE FURNISHED NO INFORMATION SHOWING THAT HE HAD ANY ASSIGNED DUTIES WITH THE CONSOLIDATED BASE PERSONNEL OFFICE AT FAIRCHILD AIR FORCE BASE OR THAT HE OTHERWISE WAS OFFICIALLY AUTHORIZED TO ACT IN THIS MATTER.
THIS OFFICE HAVING NO INFORMATION ESTABLISHING THAT YOU WERE PROPERLY AUTHORIZED TO MESS SEPARATELY, WE MUST ADHERE TO THE ACTION HERETOFORE TAKEN IN DISALLOWING YOUR CLAIM.