B-123262, AUG. 23, 1955

B-123262, AUG. 23, 1955

TO MAJOR E. J. KROCKER, FINANCE OFFICER, HEADQUARTERS UNITED STATES AIR FORCE:

BY LETTER DATED MARCH 9, 1955, THE DEPUTY DIRECTOR OF FINANCE FORWARDED HERE YOUR LETTER OF FEBRUARY 3, 1955, SUBMITTING FOR ADVANCE DECISION A MILITARY PAY ORDER (DD FORM 114) DATED FEBRUARY 2, 1955, STATED IN FAVOR OF MASTER SERGEANT GUY E. METCALF, AF 695 2550, COVERING BASIC ALLOWANCE FOR SUBSISTENCE FOR THE PERIOD FEBRUARY 14, 1953, TO MARCH 13, 1954.

BY PARAGRAPH 4 OF SPECIAL ORDERS NO. 30, AIRWAYS AND AIR COMMUNICATIONS SERVICE, TINKER AIR FORCE BASE, OKLAHOMA CITY, OKLAHOMA, DATED FEBRUARY 12, 1953, SERGEANT METCALF WAS DIRECTED TO PROCEED TO ANDREWS AIR FORCE BASE, MARYLAND, FOR TEMPORARY DUTY OF APPROXIMATELY 25 DAYS FOR THE PURPOSE OF INSTALLING CERTAIN EQUIPMENT, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS STATION AT TINKER AIR FORCE BASE. THE PERIOD OF TEMPORARY DUTY INCLUDING DUTY AT LANGLEY AIR FORCE BASE, VIRGINIA, AND GRIFFISS AIR FORCE BASE, NEW YORK, WAS EXTENDED TO APPROXIMATELY 400 DAYS BY A SERIES OF ORDERS ISSUED AT TINKER AIR FORCE BASE.

IN YOUR LETTER OF FEBRUARY 3, 1955, YOU RELATE THAT DURING THE PERIOD FEBRUARY 14, 1953, TO MARCH 13, 1954, WHILE SERGEANT METCALF WAS ON TEMPORARY DUTY, HIS MILITARY PAY RECORD REMAINED AT HIS PERMANENT STATION AND HE WAS CREDITED WITH BASIC ALLOWANCE FOR SUBSISTENCE DURING THAT PERIOD. YOU FURTHER RELATE THAT UPON HIS RETURN FROM TEMPORARY DUTY COLLECTION IN THE AMOUNT OF $445.23 WAS MADE IN HIS PAY ACCOUNT. SERGEANT METCALF STATES THAT---

"PRIOR TO DEPARTURE ON MY EXTENDED TDY I CONVERSED WITH MY CO, LT COL YOPCHIK AND THE EXEC OFFICER, LT COL WATTS AND I RECEIVED THE UNDERSTANDING THAT INASMUCH AS I WOULD BE LIVING OFF BASE WITH MY FAMILY THERE WOULD BE NO CHANGE IN MY SEPARATE RATION STATUS. UPON THE BASIS OF THAT CONVERSATION I DEEMED IT UNNECESSARY TO TAKE ANY ACTION TOWARD CONFIRMATION BY WRITTEN ORDERS. * * *"

HE FURTHER RELATES THAT HE DID NOT UTILIZE GOVERNMENT QUARTERS OR MESSING FACILITIES AT ANY TIME DURING THE PERIOD FEBRUARY 14, 1953, TO MARCH 13, 1954. AMONG THE PAPERS SUBMITTED IS AN EXTRACT COPY OF SPECIAL ORDERS NO. 150, HEADQUARTERS 405TH FIGHTER BOMBER WING, LANGLEY AIR FORCE BASE, VIRGINIA, DATED AUGUST 5, 1954, (PARAGRAPH 6) CONFIRMING VERBAL ORDERS OF THE COMMANDING OFFICER AUTHORIZING SERGEANT METCALF TO LIVE OFF BASE AND RATION SEPARATELY DURING THE PERIOD MAY 12 TO SEPTEMBER 15, 1953. ALSO SUBMITTED IS A CERTIFICATE DATED JULY 2, 1954, EXECUTED BY A CAPTAIN JOHN M. ERDMAN, MAINTENANCE AND SUPPLY OFFICER, ANDREWS AIR FORCE BASE, CERTIFYING THAT---

"I WAS ASSIGNED AS THE MAINTENANCE AND SUPPLY OFFICER DURING THE PERIOD M/SGT METCALF INSTALLED THE FPN-16 AND CPN-18 RADAR EQUIPMENT AT THIS BASE. M/SGT METCALF DID RESIDE WITH HIS FAMILY IN HIS HOUSETRAILER OFF BASE DURING THIS PERIOD.'

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE OF ONE OF THREE TYPES, TYPE (2) OF WHICH IS "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED," AND IT IS PROVIDED THAT SUCH ALLOWANCE SHALL NOT ACCRUE WHEN ENLISTED PERSONS ARE BEING SUBSISTED AT GOVERNMENT EXPENSE. SECTION 3 (C) OF EXECUTIVE ORDER NO. 10119, MARCH 27, 1950, ISSUED UNDER AUTHORITY OF SECTION 301 (D) OF THE CAREER COMPENSATION ACT OF 1949, STATES THAT THE TERM "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE A MESS FOR SUBSISTING ENLISTED MEMBERS IS AVAILABLE AND WHEN SUCH ENLISTED MEMBERS ARE AUTHORIZED TO SUBSIST THEMSELVES INDEPENDENTLY. SUPPLEMENTAL REGULATIONS ISSUED PURSUANT TO SECTION 2 OF EXECUTIVE ORDER NO. 10119 ARE CONTAINED IN AIR FORCE MANUAL 173-20 (JULY 1952--- IN EFFECT DURING THE PERIOD HERE INVOLVED). PARAGRAPH 20104 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/8) TRAVEL STATUS AT TEMPORARY DUTY STATION. AIRMEN IN TRAVEL STATUS AT TEMPORARY DUTY STATIONS ARE ENTITLED TO BASIC ALLOWANCE FOR SUBSISTENCE * * * UNDER THE FOLLOWING CIRCUMSTANCE ONLY:

"/A) WHEN THEY REQUEST AND ARE AUTHORIZED TO MESS SEPARATELY AT THE TEMPORARY DUTY STATION; AND

"/B) WHEN THE TRAVEL PER DIEM HAS BEEN REDUCED BECAUSE MEALS ARE EITHER AVAILABLE OR FURNISHED BY THE GOVERNMENT AT THE TEMPORARY DUTY STATION. (SEE COMP. GEN. DEC. B-106535, 9 JUNE 1952.)"

IT APPEARS FROM BOTH THE RECORD AND SERGEANT METCALF'S STATEMENT THAT WHILE AT HIS PERMANENT DUTY STATION AT TINKER AIR FORCE BASE HE WAS AUTHORIZED TO MESS SEPARATELY, AND THAT HE WAS RECEIVING SEPARATE RATIONS ON THE DAY PRIOR TO HIS DEPARTURE FOR TEMPORARY DUTY. ALSO, PRIOR TO DEPARTING FOR TEMPORARY DUTY BOTH HIS COMMANDING OFFICER AND THE EXECUTIVE OFFICER AT TINKER AIR FORCE BASE ASSURED HIM THAT THERE WOULD NO BE CHANGE IN HIS SEPARATE RATION STATUS. ON THE BASIS OF THE FACTS SHOWN IT REASONABLY MAY BE PRESUMED THAT, BUT FOR THE MISUNDERSTANDING, HE WOULD HAVE REQUESTED PERMISSION TO MESS SEPARATELY AT THE SEVERAL TEMPORARY DUTY STATIONS, AND THAT, IN SUCH EVENT, EXPRESS PERMISSION WOULD HAVE BEEN GRANTED.

ACCORDINGLY, PAYMENT ON THE MILITARY PAY ORDER NO. 311, FEBRUARY 2, 1955, RETURNED HEREWITH, IS AUTHORIZED TO BE MADE FOR THE PERIOD FEBRUARY 14, 1953, TO MARCH 13, 1954.