B-123866, JUN. 23, 1955

B-123866, JUN. 23, 1955

TO MR. JOHN A. GALLANT:

BY REFERENCE FROM THE HONORABLE LEVERETT SALTONSTALL, UNITED STATES SENATE, THERE WAS RECEIVED YOUR LETTER OF APRIL 22, 1955, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF $300 FOR SUBSISTENCE EXPENSES STATED TO HAVE BEEN INCURRED BY YOU AT CHANUTE AIR FORCE BASE, ILLINOIS, DURING THE PERIOD SEPTEMBER 28 TO NOVEMBER 28, 1952, WHILE ATTENDING A COURSE OF INSTRUCTION AS A CIVILIAN AIR TECHNICIAN UNDER ORDERS OF THE ADJUTANT GENERAL'S OFFICE, COMMONWEALTH OF MASSACHUSETTS, DATED SEPTEMBER 26, 1952. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF A SETTLEMENT DATED AUGUST 11, 1954, WHICH DISALLOWED YOUR CLAIM.

IT APPEARS THAT YOU WERE SERVING IN A CIVILIAN CAPACITY AS AIR TECHNICIAN WITH THE MASSACHUSETTS AIR NATIONAL GUARD AT THE TIME YOU APPLIED FOR ADMISSION TO THE COURSE OF INSTRUCTION AT THE CHANUTE AIR FORCE BASE. PARAGRAPH 18, AIR NATIONAL GUARD REGULATION NO. 40-01, DATED JULY 7, 1952, IN EFFECT DURING THE PERIOD IN QUESTION, AUTHORIZED THE ATTENDANCE OF AIR NATIONAL GUARD CIVILIAN PERSONNEL AT SERVICE SCHOOLS EITHER IN THEIR MILITARY STATUS OR, WHEN SPECIFICALLY AUTHORIZED, IN THEIR CIVILIAN STATUS. IN THE ORDERS OF SEPTEMBER 26, 1952, IT WAS PROVIDED THAT YOU WOULD ATTEND THE COURSE IN A CIVILIAN PAY STATUS. IT WAS ALSO STATED IN THE ORDERS THAT GOVERNMENT HOUSING AND MESSING FACILITIES WERE AVAILABLE AT THE SCHOOL, AND THAT WHEN AN AIR NATIONAL GUARD CIVILIAN IS REQUIRED TO PAY FOR SUBSISTENCE OR QUARTERS HE SHOULD OBTAIN A RECEIPT FOR SUCH PAYMENT AND BE REIMBURSED FOR THE AMOUNT OF THE PAYMENT. YOU STATED THAT YOU WERE ADVISED UPON YOUR ARRIVAL AT THE CHANUTE AIR FORCE BASE THAT SINCE YOU WERE ATTENDING THE COURSE IN A CIVILIAN STATUS YOU WERE NOT AUTHORIZED TO WEAR YOUR UNIFORM OR HAVE YOUR MEALS AT THE AIRMEN'S MESS BUT MUST OBTAIN MEALS EITHER AT THE OFFICER'S CLUB OR AT CIVILIAN RESTAURANTS. THE SUM OF $300 IS CLAIMED TO HAVE BEEN EXPENDED IN A COMMERCIAL RESTAURANT FOR SUBSISTENCE WHILE YOU WERE AT THE CHANUTE AIR FORCE BASE.

HAD YOUR ORDERS DIRECTED YOUR ATTENDANCE AT THE COURSE OF INSTRUCTION IN YOUR MILITARY STATUS SUBSISTENCE WOULD HAVE BEEN FURNISHED TO YOU WITHOUT CHARGE, BUT IN SUCH CASE YOU WOULD HAVE RECEIVED MILITARY RATHER THAN CIVILIAN PAY. HOWEVER, SINCE THE ORDERS DIRECTED ATTENDANCE IN YOUR CIVILIAN STATUS YOU WERE ENTITLED TO A CONTINUATION OF YOUR CIVILIAN PAY BUT NOT TO THE RECEIPT OF SUBSISTENCE WITHOUT CHARGE IN ADDITION TO THE CIVILIAN PAY, THERE APPARENTLY BEING NO AUTHORITY FOR SUCH AN ALLOWANCE FOR CIVILIANS UNDER THE AIR NATIONAL GUARD REGULATIONS THEN IN EFFECT FOR ANY PERIODS OTHER THAN THOSE REQUIRED IN TRAVELING TO AND FROM THE SCHOOL. THE PROVISION IN YOUR ORDERS PURPORTING TO AUTHORIZE REIMBURSEMENT FOR AMOUNTS PAID FOR SUBSISTENCE OR QUARTERS APPARENTLY WAS BASED ON AUTHORITY CONTAINED IN PARAGRAPH 15 OF AIR NATIONAL GUARD REGULATION NO. 40-01, DATED OCTOBER 12, 1951. THIS REGULATION, HOWEVER, WAS SUPERSEDED BY THE REGULATIONS OF JULY 7, 1952, IN EFFECT PRIOR TO THE PERIOD HERE INVOLVED.

SINCE YOU WERE DIRECTED BY THE ORDERS OF SEPTEMBER 26, 1952, TO ATTEND THE COURSE OF INSTRUCTION AT THE CHANUTE AIR FORCE BASE IN YOUR CIVILIAN STATUS AND APPARENTLY CONTINUED TO RECEIVE YOUR CIVILIAN PAY WHILE SO ATTENDING, THERE EXISTS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 11, 1954, IS SUSTAINED.