B-166070, APR. 30, 1970

B-166070, APR. 30, 1970

SUBSISTENCE ALLOWANCE--RATIONS IN KIND AVAILABILITY--REIMBURSEMENT WHEN UNAVAILABLE MEMBER'S CLAIM FOR PAYMENT OF SUBSISTENCE ALLOWANCE FOR PERIOD NOV. 28, 1966 TO JAN. 22, 1967 ON BASIS NO MESSING FACILITIES WERE AVAILABLE IS NOT ALLOWED SINCE MESSING FACILITIES WERE AVAILABLE BUT CLAIMANT CHOSE NOT TO EAT IN BASE DINING HALL FOR PERSONAL REASONS. CLAIMANT WAS ENTITLED TO RATIONS IN KIND WITHOUT CHARGE SUBSEQUENT TO NOV. 27, 1966 AND REIMBURSEMENT FOR MEALS EATEN IN BASE DINING HALL FOR WHICH HE WAS CHARGED BUT IN ABSENCE OF EVIDENCE SHOWING HE WAS CHARGED FOR MEALS THAT SHOULD HAVE BEEN FURNISHED FREE OF CHARGE, THERE IS NO AUTHORITY TO PAY FOR SUBSISTENCE. SEE COMP. GEN. DECS. CITED.

TO MR. RASHIDUL Z. CHOUDHRY:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 30, 1970, IN WHICH YOU CLAIMED THE SUM OF $142.92, AS SUBSISTENCE ALLOWANCE FOR THE PERIOD NOVEMBER 28, 1966, TO JANUARY 22, 1967, AT THE RATE OF $2.57 PER DAY. YOU DID NOT EXPLAIN THE BASIS OF YOUR CLAIM.

IN OUR LETTERS B-166070, DATED MARCH 27, 1969, AND MAY 15, 1969, WE FULLY EXPLAINED TO YOU WHY YOU ARE NOT ENTITLED TO A SEPARATE RATIONS ALLOWANCE DURING THE PERIOD OF YOUR CLAIM. WE DID, HOWEVER, ADVISE YOU THAT SINCE YOU WERE ENTITLED TO RATIONS IN KIND WITHOUT CHARGE SUBSEQUENT TO NOVEMBER 27, 1966, YOU ARE ENTITLED TO A REFUND OF ANY AMOUNT YOU WERE CHARGED FOR ANY MEALS YOU ATE IN THE BASE DINING HALL.

YOUR PRESENT CLAIM IS, IN EFFECT, A DEMAND FOR PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE ON THE BASIS THAT MESSING FACILITIES WERE NOT AVAILABLE TO YOU DURING THE PERIOD INVOLVED, THE RATE OF $2.57 PER DAY CLAIMED BEING THE RATE ALLOWED ENLISTED MEMBERS BY LAW WHEN RATIONS IN KIND ARE NOT AVAILABLE. SEE 37 U.S.C. 402 (D).

THE RECORD INDICATES THAT MESSING FACILITIES WERE AVAILABLE TO YOU AT ALL TIMES BUT THAT YOU CHOSE NOT TO EAT IN THE BASE DINING HALL FOR PERSONAL REASONS. HENCE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR A SEPARATE RATIONS ALLOWANCE SUBSEQUENT TO THE DISAPPROVAL BY THE BASE COMMANDER OF YOUR REQUEST FOR PERMISSION TO MESS SEPARATELY.

AS YOU WERE PREVIOUSLY ADVISED, YOU WERE ENTITLED TO RATIONS IN KIND WITHOUT CHARGE SUBSEQUENT TO NOVEMBER 27, 1966, AND IF YOU ATE ANY MEALS IN THE BASE DINING HALL FOR WHICH YOU WERE CHARGED, YOU MAY BE REIMBURSED THE AMOUNT PAID BY YOU IF YOU CAN ESTABLISH THE NUMBER OF MEALS YOU ATE THERE AND THE AMOUNTS YOU WERE CHARGED FOR THOSE MEALS. YOUR CLAIM ON THE BASIS THAT THE DINING HALL WAS NOT AVAILABLE TO YOU DURING THE PERIOD INDICATES THAT YOU DID NOT EAT ANY MEALS IN THE BASE DINING HALL DURING THE PERIOD OF YOUR CLAIM. IF SUCH WAS THE CASE, THERE IS NO BASIS ON WHICH YOU MAY BE REIMBURSED FOR THE COST OF MEALS YOU PURCHASED ELSEWHERE.

IN THE ABSENCE OF EVIDENCE SHOWING THAT YOU WERE CHARGED FOR MEALS WHICH SHOULD HAVE BEEN FURNISHED FREE OF CHARGE, THERE IS NO AUTHORITY FOR PAYMENT TO YOU OF ANY AMOUNT FOR SUBSISTENCE.