B-93946, JUN 15, 1950

B-93946, JUN 15, 1950

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL A. E. WILLIAMS, DISBURSING OFFICER:

THROUGH CHIEF OF FINANCE

DEPARTMENT OF THE ARMY

BY FIRST INDORSEMENT DATED JANUARY 11, 1950, THE CHIEF OF FINANCE REFERRED TO THE CLAIMS DIVISION OF THIS OFFICE YOUR LETTER OF DECEMBER 28, 1949, WHICH IS CONSIDERED AS A REQUEST FOR AN ADVANCE DECISION ON THE CLAIM OF RICHARD H. FUSSEL, JR., WARRANT OFFICER, JUNIOR GRADE, FOR REFUND OF $18.90 ALLEGED TO HAVE BEEN ERRONEOUSLY DEDUCTED FOR RATIONS FURNISHED DURING THE PERIOD FROM JULY 24, 1949, TO AUGUST 6, 1949, WHILE A MEMBER OF SERVICE COMPANY, 124TH INFANTRY, FLORIDA NATIONAL GUARD, SUPPORTED BY A FIELD TRAINING PAYROLL WHICH WAS NOT-- BUT SHOULD HAVE BEEN-- DESIGNATED A "SUPPLEMENTAL" PAYROLL, COVERING THE FIELD TRAINING PERIOD FROM JULY 23, 1949, TO AUGUST 7, 1949.

THE ORIGINAL FIELD TRAINING PAYROLL OF THE SAID ORGANIZATION FOR THE PERIOD INVOLVED (VOUCHER NO. 5246 OF YOUR AUGUST 1949 ACCOUNT) CARRIES THE NAME OF THIS OFFICER. HOWEVER, HE WAS NOT PAID THEREON INASMUCH AS FEDERAL RECOGNITION HAD NOT BEEN RECEIVED. A SUPPLEMENTAL FIELD TRAINING PAYROLL (VOUCHER NO. 11020 OF YOUR OCTOBER 1949 ACCOUNT) SHOWS THAT THE OFFICER WAS FEDERALLY RECOGNIZED EFFECTIVE JULY 19, 1949. HE WAS PAID THEREON THE SUM OF $141.10, REPRESENTING FIELD TRAINING PAY AND ALLOWANCES FOR 16 DAYS AS FOR AN OFFICER WITH DEPENDENTS, LESS AN AMOUNT STATED AS "DUE U.S. $18.90 FOR RATIONS FURN. 24 JULY TO 6 AUG. INCL." IT IS NOTED THAT THE OTHER OFFICERS OF THE ORGANIZATION HAD STOPPAGES ENTERED IN COLUMN 10 OF THE SAID VOUCHER NO. 5246 (THE ORIGINAL PAYROLL, SUPRA) IN THE AMOUNT OF $18.90 EACH.

OFFICERS OF THE ARMY, UNLIKE ENLISTED MEN, ARE NOT FURNISHED THEIR MEALS AT GOVERNMENT EXPENSE. INSTEAD, THEY HAVE BEEN PERSONALLY RESPONSIBLE FOR THEIR OWN SUBSISTENCE, AND, UNDER EXISTING LAW, THEY ARE PAID A CASH SUBSISTENCE ALLOWANCE AND ARE EXPECTED TO PROVIDE AND PAY FOR THEIR OWN MEALS. IN THAT CONNECTION, THE FIRST PARAGRAPH OF SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 362, PROVIDES THAT WARRANT OFFICERS (JUNIOR GRADE) OF THE ARMY, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, SHALL BE ENTITLED TO THE MONEY ALLOWANCES FOR SUBSISTENCE AS ESTABLISHED BY SECTION 5 OF THAT ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD. UNDER SECTION 5 OF THE ACT SUCH OFFICERS, WITH DEPENDENTS, RECEIVE AN ALLOWANCE OF $1.40 PER DAY, AND IT APPEARS THAT SUCH ALLOWANCE WAS PAID TO THE CLAIMANT DURING THE PERIOD HERE INVOLVED.

BY SECTION 94 OF THE NATIONAL DEFENSE ACT, JUNE 3, 1916, 39 STAT. 206, IT IS PROVIDED THAT OFFICERS OF THE NATIONAL GUARD WHILE ATTENDING ENCAMPMENTS AND MANEUVERS SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS OF CORRESPONDING GRADES OF THE REGULAR ARMY.

PARAGRAPH 3B, NATIONAL GUARD BUREAU CIRCULAR NO. 10, DATED MARCH 18, 1948, PROVIDES:

"NATIONAL GUARD OFFICERS ARE NOT AUTHORIZED A RATION IN KIND, BUT, WHEN NECESSARY, MAY BE RATIONED WITH NATIONAL GUARD ORGANIZATIONS IN WHICH CASE COLLECTION WILL BE EFFECTED IN PARAGRAPH 8C."

PARAGRAPH 8C PROVIDES AS FOLLOWS:

"(1) IF NATIONAL GUARD OFFICERS, *** MESS WITH ORGANIZATIONS, THEY WILL BE CHARGED AT A RATE OF $1.35 PER DAY WITH NO CREDIT ALLOWANCE FOR ANY MEAL NOT CONSUMED IN ANY ONE DAY. NO CHARGE WILL BE MADE WHERE NO MEALS ARE CONSUMED ON A PARTICULAR DAY."

SEE, ALSO, PARAGRAPH 7A, AR 30-2210.

ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT THE CLAIMANT DID NOT IN FACT MESS WITH HIS ORGANIZATION DURING THE PERIOD FROM JULY 24, 1949, TO AUGUST 6, 1949, WHILE IN ATTENDANCE AT THE FIELD TRAINING ENCAMPMENT HELD DURING THE PERIOD FROM JULY 23, 1949, TO AUGUST 7, 1949, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE SUBMITTED VOUCHER WHICH, TOGETHER WITH THE SUPPORTING PAPERS INVOLVED, IS RETURNED HEREWITH.