B-160585 L/M, JUL 14, 1967
Highlights
WAS SUSTAINED IN OUR DECISION OF JANUARY 26. FOR THE REASON THAT YOU WERE NOT AUTHORIZED TO MESS SEPARATELY AS REQUIRED BY APPLICABLE LAW AND REGULATIONS. EXPRESSES NOTHING MORE THAN HIS BELIEF AS TO THE REASONS WHY YOU WERE NOT AUTHORIZED TO RATION SEPARATELY WHEN YOU ARRIVED AT FORT BLISS IN 1962. RATHER THAN SHOWING THAT YOU WERE CURRENTLY AUTHORIZED TO RATION SEPARATELY. SUCH STATEMENT STRONGLY POINTS UP THE FACT THAT A PROPER AUTHORIZATION WAS NOT ISSUED AT THAT TIME. NORMALLY AN ENLISTED MEMBER IS FURNISHED SUBSISTENCE IN KIND. THAT YOU WERE LIVING OFF THE BASE. CONTAINS NO INFORMATION OR EVIDENCE SHOWING THAT YOU WERE AUTHORIZED TO MESS SEPARATELY. THE ACTION PREVIOUSLY TAKEN IN THIS MATTER IS SUSTAINED.
B-160585 L/M, JUL 14, 1967
PRECIS-UNAVAILABLE
SERGEANT EUGENE A. HELTERBRAND, USA, RETIRED:
YOUR LETTER DATED JUNE 20, 1967, ENCLOSING A STATEMENT DATED JUNE 9, 1967, OF CAPTAIN TRACY W. GRIFFIN, MADE IN CONNECTION WITH YOUR CLAIM FOR SEPARATE RATIONS FOR THE PERIOD DECEMBER 27, 1962, TO APRIL 5, 1965, HAS BEEN REFERRED TO THIS OFFICE BY THE HONORABLE RICHARD C. WHITE, HOUSE OF REPRESENTATIVES, WITH THE REQUEST THAT WE RECONSIDER YOUR CLAIM.
THE DISALLOWANCE OF YOUR CLAIM FOR SEPARATE RATIONS WHILE PERFORMING DUTY AS SPECIALIST-5, ASSIGNED TO BATTERY B, SPECIAL TROOPS, UNITED STATES ARMY AIR DEFENSE CENTER, FORT BLISS, TEXAS, WAS SUSTAINED IN OUR DECISION OF JANUARY 26, 1967, B-160585, FOR THE REASON THAT YOU WERE NOT AUTHORIZED TO MESS SEPARATELY AS REQUIRED BY APPLICABLE LAW AND REGULATIONS.
THE STATEMENT OF JUNE 9, 1967, BY CAPTAIN GRIFFIN, THE COMMANDER OF YOUR UNIT AT FORT BLISS DURING THE PERIOD FEBRUARY 24, 1964, TO JUNE 12, 1965, EXPRESSES NOTHING MORE THAN HIS BELIEF AS TO THE REASONS WHY YOU WERE NOT AUTHORIZED TO RATION SEPARATELY WHEN YOU ARRIVED AT FORT BLISS IN 1962. RATHER THAN SHOWING THAT YOU WERE CURRENTLY AUTHORIZED TO RATION SEPARATELY, SUCH STATEMENT STRONGLY POINTS UP THE FACT THAT A PROPER AUTHORIZATION WAS NOT ISSUED AT THAT TIME.
NORMALLY AN ENLISTED MEMBER IS FURNISHED SUBSISTENCE IN KIND. THE PAYMENT OF THE BASIC ALLOWANCE FOR SUBSISTENCE CONSTITUTES AN EXCEPTION TO THE GENERAL SITUATION AND MUST BE AUTHORIZED IN ACCORDANCE WITH APPLICABLE LAW AND REGULATIONS. MERE KNOWLEDGE ON THE PART OF PERSONNEL IN RESPONSIBLE POSITIONS, INCLUDING YOUR COMMANDING OFFICER, THAT YOU WERE LIVING OFF THE BASE, DOES NOT CONSTITUTE A LEGAL SUBSTITUTE FOR THE REQUIREMENT OF AN ADMINISTRATIVE AUTHORIZATION. SINCE THE STATEMENT DATED JUNE 9, 1967, CONTAINS NO INFORMATION OR EVIDENCE SHOWING THAT YOU WERE AUTHORIZED TO MESS SEPARATELY, IT AFFORDS NO BASIS FOR MODIFICATION OF OUR PRIOR CONCLUSIONS.
ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN IN THIS MATTER IS SUSTAINED.