B-147054, AUG. 19, 1964

B-147054, AUG. 19, 1964

TO TECHNICAL SERGEANT MELVIN J. SCHLATTMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1964, AGAIN REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) FROM NOVEMBER 7, 1959, TO SEPTEMBER 6, 1960, AND FROM OCTOBER 8, 1960, TO NOVEMBER 30, 1960, INCIDENT TO YOUR SERVICE AS TECHNICAL SERGEANT, UNITED STATES AIR FORCE.

YOU SAY, AMONG OTHER THINGS, THAT ALL MARRIED MEN LIVING WITH THEIR FAMILIES ARE ELIGIBLE FOR SEPARATE RATIONS WHILE MEMBERS OF THE ARMED SERVICES AND THAT WE HAVE DOCUMENTED PROOF OF YOUR ELIGIBILITY, AND YOU URGE THAT YOUR CLAIM SHOULD NOT BE DISALLOWED SIMPLY BECAUSE OF THE FACT THAT YOU DID NOT APPLY FOR SUCH RATIONS AND THE FACT THAT NO ORDERS WERE ISSUED AUTHORIZING THE RATIONS IN YOUR CASE. ALSO, YOU SAY YOU BELIEVE THAT THE DEPARTMENT OF THE AIR FORCE RECOMMENDED THAT YOUR CLAIM BE ALLOWED.

THE QUESTION OF YOUR RIGHT TO SEPARATE RATIONS IN THE CIRCUMSTANCES SHOWN IN YOUR CLAIM HAS BEEN CAREFULLY CONSIDERED BY US AND IN OUR DECISION OF SEPTEMBER 26, 1961, B-147054, WE FULLY INFORMED YOU RELATIVE TO THE LAW AND THE REGULATIONS APPLICABLE TO YOUR CLAIM AND OF THE REASONS FOR THE DISALLOWANCE THEREOF. YOUR PRESENT LETTER CONTAINS NO MATERIAL FACTS OR INFORMATION NOT HERETOFORE CONSIDERED AND, THEREFORE, DOES NOT WARRANT ANY MODIFICATION OF THE PRIOR ACTION IN THE MATTER. WHILE YOU APPEAR TO FEEL THAT YOUR CLAIM SHOULD BE PAID DESPITE THE PROVISIONS OF THE LAW AND THE REGULATIONS APPLICABLE THERETO, OUR OFFICE IS NOT VESTED WITH AUTHORITY TO MAKE PAYMENTS IN SUCH CIRCUMSTANCES.

SECTION 236, REVISED STATUTES OF THE UNITED STATES, AS AMENDED BY SECTION 305 OF THE ACT OF JUNE 10, 1921, CH. 18, 42 STAT. 24, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. SUCH STATUTE VESTS IN OUR OFFICE THE AUTHORITY TO DETERMINE THE VALIDITY OF ANY CLAIM AGAINST THE GOVERNMENT AND, WHILE ADMINISTRATIVE RECOMMENDATIONS CANNOT FORM A BASIS FOR ALLOWANCE OF A CLAIM WHERE THE CONDITIONS OF ENTITLEMENT PRESCRIBED BY APPLICABLE LAW AND REGULATIONS HAVE NOT BEEN MET. ACCORDINGLY, THE RECOMMENDATIONS BY THE DEPARTMENT OF THE AIR FORCE CANNOT BE ACCEPTED BY OUR OFFICE AS A BASIS FOR ALLOWING YOUR CLAIM. THE CONCLUSION REACHED IN THE SETTLEMENT OF JUNE 13, 1961, AND IN OUR DECISION OF SEPTEMBER 26, 1961, ARE AFFIRMED. ALTHOUGH YOU HAVE MADE OTHER ARGUMENTS WHICH ARE NOT SPECIFICALLY DISCUSSED HERE, WE HAVE CONSIDERED THOSE ARGUMENTS AND WE REGRET THAT WE MUST INFORM YOU THAT THEY PROVIDE NO BASIS FOR PAYING YOUR CLAIM.