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B-147054, DEC. 14, 1961

B-147054 Dec 14, 1961
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AF17242791: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. IN WHICH YOU STATE THAT YOU HAVE RECEIVED OUR DECISION OF SEPTEMBER 26. SINCE WE HAVE HELD THAT YOU WERE NOT ENTITLED TO SEPARATE RATIONS FOR THE PERIOD INVOLVED. IT IS THERE CERTIFIED THAT THE RECORDS OF THE GRAND FORKS AIR FORCE BASE MESS HALL SHOW THAT YOU ATE 50 DINNERS AND 9 SUPPERS AT THAT PLACE DURING THE MONTHS OF NOVEMBER AND DECEMBER 1959 AND JANUARY 1960 AND THAT YOU PAID 45 CENTS FOR EACH DINNER AND 40 CENTS FOR EACH SUPPER. IS ALSO THERE CERTIFIED THAT YOUR WIFE ATE WITH YOU DURING EACH OF SUCH MEALS. EACH ENLISTED MEMBER OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY IS ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR SUBSISTENCE (1) WHEN RATIONS IN KIND ARE NOT AVAILABLE.

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B-147054, DEC. 14, 1961

TO TECHNICAL SERGEANT MELVIN J. SCHLATTMAN, AF17242791:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1961, IN WHICH YOU STATE THAT YOU HAVE RECEIVED OUR DECISION OF SEPTEMBER 26, 1961, B 147054, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR PAYMENT OF BASIC ALLOWANCES 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 INDICATE, IN EFFECT, THAT, SINCE WE HAVE HELD THAT YOU WERE NOT ENTITLED TO SEPARATE RATIONS FOR THE PERIOD INVOLVED, YOU NOW CLAIM THE SUM WHICH YOU PAID FOR THE MEALS WHICH YOU AND YOUR WIFEATE AT THE GRAND FORKS AIR FORCE BASE MESS HALL DURING A PART OF THAT PERIOD. YOU REFER, IN THAT CONNECTION, TO THE CERTIFICATE EXECUTED ON MARCH 22, 1961, BY SECOND LIEUTENANT THOMAS F. BAILEY, FOOD SERVICE OFFICER, 478TH AIR BASE SQUADRON. IT IS THERE CERTIFIED THAT THE RECORDS OF THE GRAND FORKS AIR FORCE BASE MESS HALL SHOW THAT YOU ATE 50 DINNERS AND 9 SUPPERS AT THAT PLACE DURING THE MONTHS OF NOVEMBER AND DECEMBER 1959 AND JANUARY 1960 AND THAT YOU PAID 45 CENTS FOR EACH DINNER AND 40 CENTS FOR EACH SUPPER. IS ALSO THERE CERTIFIED THAT YOUR WIFE ATE WITH YOU DURING EACH OF SUCH MEALS.

UNDER THE PROVISIONS OF SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, EACH ENLISTED MEMBER OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY IS ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR SUBSISTENCE (1) WHEN RATIONS IN KIND ARE NOT AVAILABLE; (2) WHEN PERMISSION TO MESS SEPARATELY IS GRANTED; OR (3) WHEN ASSIGNED TO DUTY UNDER EMERGENCY CONDITIONS WHERE NO GOVERNMENT MESSING FACILITIES ARE AVAILABLE. NO PROVISION IS MADE, HOWEVER, FOR SUBSISTING THE DEPENDENTS OF SUCH AN ENLISTED MEMBER AT GOVERNMENT EXPENSE AND NO PROVISION IS MADE FOR HIM TO RECEIVE A SUBSISTENCE ALLOWANCE ON ACCOUNT OF HIS DEPENDENTS.

SINCE YOU WERE NOT GIVEN PERMISSION TO MESS SEPARATELY AND SINCE IT APPEARS THAT RATIONS IN KIND WERE AVAILABLE FOR YOU AT THE GRAND FORKS AIR FORCE BASE MESS HALL, YOU WERE NOT ENTITLED TO PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE DURING THE PERIOD INVOLVED. BUT, SINCE YOU WERE ENTITLED TO BE SUBSISTED AT GOVERNMENT EXPENSE, IT WAS NOT PROPER TO CHARGE YOU FOR THE MEALS FURNISHED YOU BY THAT MESS HALL. IT IS CONCLUDED, THEREFORE, THAT YOU ARE ENTITLED TO REFUND OF THE SUM PAID BY YOU FOR SUCH MEALS. YOU ARE NOT, HOWEVER, ENTITLED TO REFUND OF ANY AMOUNT WHICH YOU THERE PAID FOR MEALS FOR YOUR WIFE DURING THE PERIOD INVOLVED.

OUR CLAIMS DIVISION WILL STATE A SETTLEMENT ALLOWING YOU THE SUM FOUND TO BE DUE.

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