B-124145, AUG. 15, 1955

B-124145, AUG. 15, 1955

TO MR. ALLEN R. RIOPOLLE:

REFERENCE IS MADE TO YOUR UNDATED LETTER TO THE DEPARTMENT OF THE NAVY RECEIVED HERE ON APRIL 11, 1955, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR SUBSISTANCE AND QUARTERS ALLOWANCES FOR THE PERIOD JUNE 27 TO JULY 8, 1946, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

BY LETTER DATED APRIL 2, 1948, OUR CLAIMS DIVISION ADVISED YOU THAT SINCE THE DEPARTMENT OF THE NAVY HAD REPORTED THAT THERE WAS NO RECORD OF SUBSISTANCE AND QUARTERS ALLOWANCES HAVING BEEN AUTHORIZED FOR YOU DURING THE PERIOD CLAIMED, YOUR CLAIM COULD NOT BE ALLOWED. IN YOUR RECENT LETTER YOU SAY THAT DURING THE PERIOD JUNE 27 TO JULY 8, 1946, THE SHIP TO WHICH YOU WERE ATTACHED WAS BEING DECOMMISSIONED, AND THAT YOU WERE NOT PERMITTED TO EAT OR SLEEP ABOARD SUCH SHIP OR AT THE NAVY BASE.

THE RECORD HERE SHOWS THAT BY ORDERS DATED JUNE 27, 1946, YOU WERE ASSIGNED TO TEMPORARY DUTY WITH THE DECOMMISSIONING GROUP, THIRTEENTH NAVAL DISTRICT, SEATTLE, WASHINGTON, FOR POST DECOMMISSIONING WORK ON BOARD THE U.S.S. LST 1062. THE RECORD FURTHER SHOWS THAT YOU REPORTED FOR SUCH DUTY ON JUNE 28 AND COMPLETED THE ASSIGNMENT ON JULY 8, 1946. RESPONSE TO A REQUEST OF OUR CLAIMS DIVISION FOR AN ADMINISTRATIVE REPORT CONCERNING YOUR CLAIM, THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, FORWARDED A REPORT DATED JUNE 3, 1947, FROM HEADQUARTERS, THIRTEENTH NAVAL DISTRICT, SEATTLE, WASHINGTON, TO THE EFFECT THAT THAT DISTRICT HAD NO RECORD OF HAVING AUTHORIZED THE PAYMENT OF SUBSISTENCE AND QUARTERS ALLOWANCES TO YOU.

AT THE TIME OF YOUR TEMPORARY DUTY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, AND THE EXECUTIVE AND DEPARTMENTAL REGULATIONS ISSUED PURSUANT TO THAT SECTION AUTHORIZED THE PAYMENT OF QUARTERS AND/OR SUBSISTENCE ALLOWANCES TO ENLISTED MEN NOT FURNISHED QUARTERS AND SUBSISTENCE IN KIND. NEITHER THE STATUTE NOR THE REGULATIONS, HOWEVER, WERE SELF-EXECUTING, AND IT LONG HAS BEEN ESTABLISHED THAT UNDER THE 1942 ACT AND SIMILAR PRIOR STATUTORY PROVISIONS THE PAYMENT OF SUCH ALLOWANCES WAS CONTINGENT UPON THEIR BEING PROPERLY AUTHORIZED BY THE MILITARY OR NAVAL AUTHORITIES CONCERNED WHO WERE COGNIZANT OF THE ACTUAL CONDITIONS AND FACTS INVOLVED. SUCH ORDERS HAD TO BE ISSUED CONTEMPORANEOUSLY WITH THE PERIOD FOR WHICH THE ALLOWANCES WERE TO BE PAID. SEE 8 COMP. GEN. 82. CONSEQUENTLY, IN THE ABSENCE OF EVIDENCE OF A CONTEMPORANEOUS ADMINISTRATIVE AUTHORIZATION THAT YOU BE CREDITED WITH SUCH ALLOWANCES FOR THE PERIOD OF YOUR CLAIM, THERE IS NO AUTHORITY OF LAW BY WHICH WE MAY AUTHORIZE PAYMENT TO YOU, AND THE ADVICE CONTAINED IN THE CLAIMS DIVISION LETTER OF APRIL 2, 1948, WAS CORRECT.