B-124821, DEC. 9, 1955

B-124821, DEC. 9, 1955

TO MR. CLYDE R. MALLORY:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 31, 1955, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MARCH 4, 1955, WHICH DISALLOWED YOUR CLAIM FOR SUBSISTENCE ALLOWANCE FR THE PERIOD JULY 1 TO NOVEMBER 22, 1951, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES ARMY.

IT APPEARS THAT BY PARAGRAPH 4, SPECIAL ORDERS NO. 22, DATED MARCH 20, 1951, HEADQUARTERS, KANTO CIVIL AFFAIRS REGION, APO 500, YOU WERE ORDERED TO PROCEED TO TAKADA NIIGATA HONSHU, JAPAN, FOR AN INDEFINITE PERIOD AND TO RETURN TO PROPER STATION. BY PARAGRAPH 2, SPECIAL ORDERS NO. 24, DATED MARCH 29, 1951, THE SAME HEADQUARTERS, YOU WERE AUTHORIZED TO RATION SEPARATELY, AND BY PARAGRAPH 10, SPECIAL ORDERS NO. 57, DATED JULY 1, 1951, THE SAME HEADQUARTERS, PER DIEM WAS AUTHORIZED TO BE PAID TO YOU. THE AUTHORIZATION FOR PER DIEM WAS REVOKED BY PARAGRAPH 1, SPECIAL ORDERS NO. 84, DATED SEPTEMBER 5, 1951, THE SAME HEADQUARTERS. SUBSEQUENTLY, YOU WERE TRANSFERRED TO THE UNITED STATES, DEPARTING FROM JAPAN ON NOVEMBER 22, 1951.

AN EXAMINATION OF A PHOTOSTATIC COPY OF YOUR MILITARY PAY RECORD FOR THE PERIOD JANUARY 1 TO DECEMBER 31, 1951, DISCLOSES THAT FOR THE PERIOD MARCH 21 TO JUNE 30, 1951, YOU WERE CREDITED AND DEBITED WITH BASIC ALLOWANCE FOR SUBSISTENCE AS FOLLOWS:

TABLE

CREDITS:

BASIC ALLOWANCE FOR SUBSISTENCE FROM MARCH

21 TO 31, 1951, 11 DAYS AT $1.05 PER DAY $11.55

BASIC ALLOWANCE FOR SUBSISTENCE FROM

APRIL 1 TO MAY 22, 1951, 52 DAYS

AT $2.25 PER DAY 127.00

BASIC ALLOWANCE FOR SUBSISTENCE FROM MAY

23 TO 31, 1951, 9 DAYS AT $1.05 PER DAY 9.45

BASIC ALLOWANCE FOR SUBSISTENCE FROM JUNE

1 TO 30, 1951, 30 DAYS AT $1.05 PER DAY 31.50

DIFFERENCE BETWEEN BASIC ALLOWANCE FOR

SUBSISTENCE AT $1.05 PER DAY AND $2.25

PER DAY, OR $1.20 PER DAY FROM MAY 23

TO JUNE 30, 1951 48.00

TOTAL $227.50

DEBITS:

DIFFERENCE BETWEEN BASIC ALLOWANCE FOR

SUBSISTENCE AT $2.25 PER DAY AND

$1.05 PER DAY, OR $1.20 PER DAY FROM

APRIL 1 TO MAY 22, 1951 $ 62.40

DIFFERENCE BETWEEN CREDITS AND DEBITS$165.10

IT WILL BE NOTED THAT THE CORRECT COMPUTATION OF THE SECOND CREDIT ITEM IS $117, INSTEAD OF $127, AND THAT THE LAST CREDIT ITEM SHOULD BE $46.80. DURING THE PERIOD MARCH 21 TO JUNE 30, 1951, YOU WERE ENTITLED TO BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.05 PER DAY FOR 102 DAYS, OR $107.10. THUS, FOR THAT PERIOD YOU WERE OVERPAID THE SUM OF $58 ($165.10 MINUS $107.10).

DURING THE PERIOD JULY 1 TO NOVEMBER 21, 1951, THE DAY BEFORE YOUR DEPARTURE FROM JAPAN, IT APPEARS THAT YOU WERE AUTHORIZED TO MESS SEPARATELY AND THEREFORE, YOU WERE ENTITLED TO BASIC ALLOWANCE FOR SUBSISTENCE AUTHORIZED UNDER SUCH CIRCUMSTANCES. ACCORDINGLY, SETTLEMENT WILL ISSUE TO YOU IN DUE COURSE FOR THE AMOUNT FOUND DUE LESS THE SUM OF $58 OVERPAID TO YOU DURING THE PERIOD MARCH 21 TO JUNE 30, 1951.