B-155305, OCT. 21, 1964

B-155305, OCT. 21, 1964

TO TECHNICAL SERGEANT ROBERT G. HOLLOWAY, AF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1964, REQUESTING REVIEW OF OUR SETTLEMENT OF JUNE 17, 1964, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) FOR THE PERIOD APRIL 22, 1963, TO MARCH 1, 1964, WHILE YOU WERE ASSIGNED TO 21ST WEATHER SQUADRON, DETACHMENT 13.

IN PRESENTING YOUR CLAIM YOU STATED THAT WHEN YOU ARRIVED AT DETACHMENT 13, 21ST WEATHER SQUADRON, APO 231, ON APRIL 22, 1963, YOU SUBMITTED AN AF FORM 220 REQUESTING SEPARATE RATIONS AND THAT IT WAS APPROVED AT THAT TIME BUT APPARENTLY WAS LOST OR MISPLACED. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD DOES NOT SHOW THAT PRIOR PERMISSION WAS GRANTED BY YOUR BASE COMMANDER OR A DESIGNATED REPRESENTATIVE FOR YOU TO RATION SEPARATELY, NOR DOES IT SHOW THAT THE BASE COMMANDER OR HIS REPRESENTATIVE EVER ISSUED ANY ORDERS, EITHER VERBAL OR WRITTEN, AUTHORIZING YOU TO RATION SEPARATELY.

YOUR REQUEST FOR REVIEW IS BASED ON A CERTIFICATE BY CWO DONALD TOPPING, USAF, WESTOVER AIR FORCE BASE, MASSACHUSETTS, AS FOLLOWS:

"I WAS ACTING COMMANDER WHEN TSGT ROBERT G. HOLLOWAY, AF15419305 WAS CLEARING INTO THE WEATHER DETACHMENT AT WHEELUS AB, LIBYA AND REMEMBER GETTING HIM STARTED ON HIS PROCESSING. I SIGNED A SEPARATE RATION AF FORM 220 EFFECTIVE 22 APRIL 1963 AND SUBMITTED IT IN ACCORDANCE WITH CURRENT DIRECTIVES.'

SECTION 402, TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE TO MEMBERS OF THE UNIFORMED SERVICES "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' THE APPLICABLE AIR FORCE REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED WERE CONTAINED IN PART TWO, CHAPTER 4, 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 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 SHOWING THAT SUCH AUTHORITY WAS SO DELEGATED AT HEADQUARTERS, 7272D FLYING TRAINING (USAFE) APO 231, AT THE TIME HERE INVOLVED.

PARAGRAPH 20409, CHANGE 31, APRIL 15, 1963, 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 BASIC ALLOWANCE FOR SUBSISTENCE WHEN AN AIRMAN WAS PERMITTED TO RATION SEPARATELY AT HIS PERMANENT DUTY STATION UNDER PARAGRAPH 20404B (1) (B). IT WAS STATED EXPLICITLY IN THAT PARAGRAPH THAT SECTION I OF AF FORM 220 WOULD BE COMPLETED BY AN AIRMAN REQUESTING PERMISSION TO RATION SEPARATELY, TO SHOW THE AIRMAN'S FULL NAME, GRADE, SERVICE NUMBER, PERMANENT ORGANIZATION AND DUTY STATION, MARITAL STATUS, EFFECTIVE DATE DESIRED, REASON FOR REQUEST; THAT AFTER THE APPLICATION WAS DATED AND SIGNED BY THE AIRMAN IT WAS TO BE PRESENTED TO THE SQUADRON COMMANDER; AND THAT SECTION II OF AF FORM 220 WOULD BE COMPLETED BY THE UNIT, BASE OR WING COMMANDER. SECTION 20409B (2) (C) READ AS FOLLOWS:

"THE EFFECTIVE DATE SPECIFIED ON AF FORM 220 FOR SEPARATE RATIONS CREDIT IS THE DATE THE AIRMAN IS AUTHORIZED, INCLUDING VERBAL AUTHORITY, TO RATION SEPARATELY OR TO RESIDE WITH DEPENDENTS, AND IN FACT DOES. VERBAL AUTHORITY GIVEN ON THE EFFECTIVE DATE SHOWN WILL BE CONFIRMED BY THE COMMANDER OR HIS AUTHORIZED REPRESENTATIVE IN SECTION II OF AF FORM 220. RETROACTIVE AUTHORITY TO RATION SEPARATELY IS PROHIBITED.'

THEREFORE, WHILE YOU MAY HAVE SUBMITTED AN AF FORM 220 AND WHILE IT MAY HAVE BEEN APPROVED AT DETACHMENT LEVEL, THERE IS NO EVIDENCE FROM ANY OFFICIAL SOURCE AFFIRMATIVELY SHOWING THAT YOUR REQUEST TO RATION SEPARATELY ON APRIL 22, 1963, 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 TRANTING PERMISSION TO YOU TO RATION SEPARATELY DURING THE PERIOD FROM APRIL 22, 1963, THROUGH FEBRUARY 28, 1964. THERE IS, THEREFORE, NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF JUNE 17, 1964, IS SUSTAINED.

HOWEVER, SINCE YOU STATE THAT YOU PAID FOR MEALS EATEN AT THE DINING HALL BEFORE THE ARRIVAL OF YOUR DEPENDENTS ON JULY 23, 1963, WE WILL CONSIDER A CLAIM FOR REIMBURSEMENT FOR MEALS FOR THE PERIOD APRIL 22 TO JULY 23, 1963, IF SUPPORTED BY EVIDENCE SHOWING THE NUMBER OF MEALS AND THE COST. SUCH CLAIM SHOULD BE FILED THROUGH REGULAR ADMINISTRATIVE CHANNELS.