B-154256, JUL. 6, 1964

B-154256, JUL. 6, 1964

TO STAFF SERGEANT EDGAR L. GUNN, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 19, 1964, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 6, 1963, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) FROM OCTOBER 24, 1961, THROUGH DECEMBER 31, 1962, WHILE YOU WERE ASSIGNED TO THE 1ST AIR BASE SQUADRON AT SELFRIDGE AIR FORCE BASE. YOUR CLAIM WAS DISALLOWED BECAUSE THERE WAS NO SHOWING (1) THAT PRIOR PERMISSION WAS GRANTED BY YOUR INSTALLATION COMMANDER FOR YOU TO RATION SEPARATELY DURING THE PERIOD INVOLVED OR (2) THAT WRITTEN ORDERS WERE ISSUED CONFIRMING VERBAL ORDERS AUTHORIZING YOU TO RATION SEPARATELY DURING SUCH PERIOD.

YOU NOW SUBMIT AN AFFIDAVIT DATED APRIL 23, 1964, SIGNED BY LIEUTENANT COLONEL FRANK F. WOOLLEY, JR., USAF, A0904301, WHICH READS AS FOLLOWS:

"ON 24 OCTOBER 1961 I WAS THE SQUADRON COMMANDER OF THE 1ST AIR BASE SQUADRON, SELFRIDGE AIR FORCE BASE, MICHIGAN. THAT I WAS SQUADRON COMMANDER, 1ST AIR BASE SQUADRON, SELFRIDGE AFB, MICHIGAN, FOR THE PERIOD 24 OCTOBER 1961 THROUGH 31 DECEMBER 1962 AND THAT I AM AT PRESENT SQUADRON COMMANDER OF THE 1ST AIR BASE SQUADRON, SELFRIDGE, AFB, MICHIGAN.

"ON 24 OCTOBER 1961 IT WAS OUR ESTABLISHED PROCEDURE THAT NEWLY ASSIGNED AIRMEN AND NCO'S WOULD BE COUNSELED BY ME AND CERTAIN ADMINISTRATIVE MATTERS ASSOCIATED WITH THEIR ASSIGNMENTS WOULD BE DISCUSSED. ON 24 OCTOBER 1961 I HAD A PERSONAL CONFERENCE WITH STAFF SERGEANT EDGAR L. GUNN, AF14382531. ON THAT DATE SERGEANT GUNN REQUESTED PERMISSION FOR SEPARATE RATIONS. I DETERMINED THAT HE WAS ELIGIBLE FOR SEPARATE RATIONS AND AT THAT TIME GAVE HIM VERBAL AUTHORITY. IT WAS ANTICIPATED THAT THIS VERBAL AUTHORITY WOULD BE IMMEDIATELY CONFIRMED IN WRITTEN ORDERS, BUT DUE ONLY TO AN ADMINISTRATIVE OVERSIGHT THIS WAS NOT ACCOMPLISHED. IT WAS MY INTENT AND UNDERSTANDING THAT HE BE ALLOWED SEPARATE RATIONS FROM THE PERIOD 24 OCTOBER 1961 THROUGH 31 DECEMBER 1962, WHICH WOULD BE IN COMPLIANCE WITH MY VERBAL AUTHORIZATION.'

SECTION 301 (A) OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, 63 STAT. 812, AS AMENDED, 37 U.S.C. 251 (A) (1958 ED.), AUTHORIZED THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' SECTION 2 OF EXECUTIVE ORDER NO. 10119, DATED MARCH 27, 1950, ISSUED UNDER AUTHORITY OF SAID SECTION 301, PROVIDED GENERALLY THAT THE SECRETARY OF THE SERVICE CONCERNED WAS AUTHORIZED TO PRESCRIBE SUCH SUPPLEMENTARY REGULATIONS AS HE MIGHT DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT THE PROVISIONS OF THE ORDER AND OF SECTION 301OF THE ACT.

THE APPLICABLE AIR FORCE REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED WERE CONTAINED IN CHAPTER 4, PART TWO, AIR FORCE MANUAL 177 105. UNDER PARAGRAPH 20404B (1) (B), CHANGE 10, SEPTEMBER 1, 1961, OF SUCH REGULATIONS, AIRMEN WERE ENTITLED TO RECEIVE BASIC ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS WHEN AUTHORIZED TO RATION SEPARATELY NOTWITHSTANDING THE AVAILABILITY OF A GOVERNMENT MESS AND IT WAS THERE PROVIDED THAT SUCH AUTHORIZATION TO RATION SEPARATELY MIGHT BE CERTIFIED BY THE COMMANDER OF A MAJOR COMMAND, NUMBERED AIR FORCE, AIR DIVISION, AIR FORCE BASE, WING OR OTHER COMPARABLE SEPARATE COMMAND. WHILE IT WAS ALSO THERE PROVIDED THAT AUTHORITY TO APPROVE REQUESTS TO RATION SEPARATELY MIGHT BE DELEGATED TO SQUADRON COMMANDERS PROVIDED STANDARD CRITERIA FOR APPROVAL OF REQUESTS WERE ESTABLISHED THROUGHOUT THE BASE OR COMMAND, THERE IS NO EVIDENCE THAT SUCH AUTHORITY WAS DELEGATED TO COLONEL WOOLLEY. PARAGRAPH 20409 PROVIDED THAT "AF FORM 220, REQUEST, AUTHORIZATION AND PAY ORDER, BAS--- SEPARATE RATIONS" WOULD BE USED AS APPLICATION, AUTHORIZATION AND SUBSTANTIATING DOCUMENT TO CREDIT PAYMENT OF BASIS ALLOWANCE FOR SUBSISTENCE WHEN AN AIRMAN WAS PERMITTED TO RATION SEPARATELY AT HIS PERMANENT DUTY STATION. IT WAS STATED EXPLICITLY IN THAT PARAGRAPH THAT SECTION I OF AF FORM 220 WOULD BE COMPLETED TO SHOW THE AIRMAN'S FULL NAME, GRADE, SERVICE NUMBER, PERMANENT ORGANIZATION AND DUTY STATION, MARITAL STATUS, EFFECTIVE DATE DESIRED, REASON FOR REQUEST (IF OTHER THAN A CURRENT EFFECTIVE DATE WAS DESIRED THE REASON FOR DELAY IN SUBMISSION WAS TO BE SHOWN), AND THAT AFTER THE APPLICATION WAS DATED AND SIGNED BY THE AIRMAN IT WAS TO BE PRESENTED TO THE SQUADRON COMMANDER. IT WAS ALSO STATED THAT SECTION II OF AF FORM 220 WOULD BE COMPLETED BY THE UNIT, BASE OR WING COMMANDER AND THAT THE EFFECTIVE DATE SPECIFIED ON THAT FORM FOR SEPARATE RATIONS CREDIT WAS THE DATE THE AIRMAN WAS AUTHORIZED, INCLUDING VERBAL AUTHORITY, TO RATION SEPARATELY, AND, FURTHER, THAT VERBAL AUTHORITY GIVEN ON THE EFFECTIVE DATE SHOWN WOULD BE CONFIRMED BY THE COMMANDER OR HIS AUTHORIZED REPRESENTATIVE IN SECTION II, AND THAT RETROACTIVE AUTHORITY TO RATION SEPARATELY WAS PROHIBITED.

WHILE THE RECORDS INDICATE THAT YOU MAY HAVE REQUESTED PERMISSION TO RATION SEPARATELY ON OR ABOUT OCTOBER 24, 1961, THERE IS NO EVIDENCE FROM ANY OFFICIAL SOURCE AFFIRMATIVELY SHOWING THAT YOU MADE A WRITTEN REQUEST ON AF FORM 220 OR THAT SUCH A REQUEST WAS APPROVED BY THE BASE COMMANDER OR HIS AUTHORIZED REPRESENTATIVE AS PROVIDED IN THE CITED REGULATIONS. FURTHERMORE, THERE IS NO SHOWING THAT ANY WRITTEN ORDERS HAVE EVER BEEN ISSUED PURPORTING TO CONFIRM VERBAL ORDERS GRANTING PERMISSION TO YOU TO RATION SEPARATELY DURING THE PERIOD FROM OCTOBER 24, 1961, THROUGH DECEMBER 31, 1962. IN THE CIRCUMSTANCES, THE AFFIDAVIT OF COLONEL WOOLLEY MAY NOT BE ACCEPTED AS PROVIDING A LEGAL BASIS FOR PAYMENT OF SUBSISTENCE ALLOWANCE FOR THE PERIOD INVOLVED.