B-160495, JAN. 31, 1967

B-160495, JAN. 31, 1967

TO TECHNICAL SERGEANT ORLAND L. SMITH, JR., AF 11248128:

FURTHER REFERENCES IS MADE TO YOUR LETTER OF NOVEMBER 23, 1966, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) FOR THE PERIOD JULY 16, 1965, TO JUNE 30, 1966.

OUR FILE SHOWS THAT ON JULY 13, 1966, YOU EXECUTED AF FORM 220 IN WHICH YOU REQUESTED AUTHORITY TO RATION SEPARATELY FROM YOUR ORGANIZATION FOR THE PERIOD JULY 16, 1965, TO JUNE 30, 1966. YOU STATED ON THAT FORM THAT YOU WERE NOT IN POSSESSION OF A DD FORM 714 (MEAL CARD); THAT YOU AND YOUR DEPENDENTS RESIDED IN THE YOKOTA GUEST HOTEL FROM JUNE 21 TO JULY 15, 1965, AND THAT DUE TO AN ADMINISTRATIVE ERROR YOU WERE NOT PLACED ON SEPARATE RATIONS WHEN YOU MOVED OUT OF THAT HOTEL. YOUR COMMANDER, LIEUTENANT COLONEL MERLE W. NASH, SIGNED SECTION II OF THE FORM, CERTIFYING THAT HE HAD VERIFIED YOUR STATEMENTS, APPROVED YOUR REQUEST, AND CONFIRMED VERBAL ORDERS OF JULY 16, 1965.

BY SETTLEMENT DATED NOVEMBER 7, 1966, OUR CLAIMS DIVISION DISALLOWED THE CLAIM FOR THE REASON THAT THE RECORD FAILED TO SHOW (1) YOUR EXECUTION OF AN APPLICATION ON AF FORM 220 AT THE TIME OF ARRIVAL AT YOUR STATION, IN COMPLIANCE WITH THE GOVERNING REGULATIONS, AND (2) THE ISSUANCE OF WRITTEN ORDERS CONFIRMING VERBAL ORDERS GRANTING YOU PERMISSION TO RATION SEPARATELY. IN YOUR LETTER OF NOVEMBER 23, 1966, YOU SAY THAT YOU DO NOT UNDERSTAND THE SETTLEMENT CONCERNING THE LACK OF WRITTEN CONFIRMATORY ORDERS IN VIEW OF THE AF FORM 220 WHICH BEARS THE STATEMENT "THE VOCO DATE OF 16 JUL 65 IS HEREBY CONFIRMED.' YOU ALSO SAY THAT THROUGH ADMINISTRATIVE ERROR "AND ADMITTEDLY AN OVERSIGHT" ON YOUR PART THE AF FORM 220 WAS NOT SUBMITTED UPON TERMINATION OF YOUR COMPANY AT THE YOKOTA AIR FORCE BASE GUEST HOTEL.

SUBSECTION 402 (B) (2), TITLE 37, U.S.C. AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS TO AN ENLISTED MEMBER OF A UNIFORMED SERVICE WHEN ,PERMISSION TO MESS SEPARATELY IS GRANTED" AND SUBSECTION 402 (F) AUTHORIZES THE PRESIDENT TO PRESCRIBE REGULATIONS FOR ADMINISTRATION OF SECTION 402. IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPH 30406, VOLUME 1, CHANGE 6, DATED MARCH 24, 1965, AIR FORCE MANUAL 177-105 (1964 ED.), ISSUED UNDER THE AUTHORITY CONTAINED IN EXECUTIVE ORDER NO. 11157, JUNE 22, 1964, PROVIDED THAT AF FORM 220 WILL BE USED AS AN APPLICATION, AUTHORIZATION, AND SUPPORTING DOCUMENT TO CREDIT PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE WHEN AN AIRMAN IS PERMITTED TO RATION SEPARATELY. ALSO, PARAGRAPH 30407 OF THE AFOREMENTIONED CHANGE 6 PROVIDED THAT AN AIRMAN SHOULD SUBMIT AN APPLICATION ON AF FORM 220 IMMEDIATELY UPON REPORTING TO A NEW STATION OR OTHERWISE BECOMING ELIGIBLE TO RATION SEPARATELY. IT PROVIDES FURTHER THAT SECTION II OF THAT FORM SHOULD BE COMPLETED BY THE BASE OR WING COMMANDER, OR AUTHORIZED REPRESENTATIVE, TO SHOW THE EFFECTIVE DATE THE AIRMAN IS AUTHORIZED TO RATION SEPARATELY AND THAT IF THE DATE WAS BASED ON VERBAL ORDERS, SUCH ORDERS MUST BE CONFIRMED, BUT AUTHORITY TO RATION SEPARATELY CANNOT BE RETROACTIVE.

UNDER THE ABOVE REGULATIONS A MEMBER ARRIVING AT A NEW STATION WOULD NOT BECOME ENTITLED TO A CREDIT OF BASIC ALLOWANCE FOR SUBSISTENCE UNLESS HE SUBMITS A PROPER APPLICATION TO RATION SEPARATELY AND IT IS APPROVED BY APPROPRIATE AUTHORITY. THERE IS NOTHING IN THE RECORD BEFORE US--- NOR HAVE YOU ALLEGED--- THAT YOU HAD SUBMITTED AN APPLICATION AT ANY TIME PRIOR TO JULY 13, 1966. RATHER, IT APPEARS FROM YOUR STATEMENTS THAT YOU WERE NOT PROCESSED FOR SEPARATE RATIONING BECAUSE OF AN ADMINISTRATIVE ERROR AND YOUR OVERSIGHT IN FAILING TO REQUEST SUCH ACTION. THUS, IT SEEMS CLEAR THAT THE REQUIREMENTS OF THE GOVERNING REGULATIONS WERE NOT MET SO AS TO ENTITLE YOU TO PAYMENT OF THE BASIC ALLOWANCE FOR SUBSISTENCE FOR THE PERIOD CLAIMED. IN THE ABSENCE OF A SHOWING OF COMPLIANCE WITH SUCH REGULATIONS VERBAL AUTHORIZATIONS TO MESS SEPARATELY DO NOT AFFORD A BASIS UPON WHICH WE MAY APPROVE THE PAYMENT OF COMMUTED RATIONS. MOREOVER, WE HAVE CONSISTENTLY ADHERED TO THE RULE THAT VERBAL ORDERS MUST BE CONFIRMED WITHIN A REASONABLE TIME AFTER SUCH ORDERS ARE ISSUED.

THERE WAS A LAPSE OF ALMOST ONE YEAR BEFORE YOUR COMMANDER CONFIRMED THE PURPORTED VERBAL ORDERS FOR YOUR SEPARATE RATIONING AND HE HAS NOT FURNISHED AN EXPLANATION AS TO THE CIRCUMSTANCES SURROUNDING THE ISSUANCE OF SUCH VERBAL ORDERS OR THE REASON WHY THEY WERE NOT CONFIRMED IN WRITING WITHIN A REASONABLE TIME. THEREFORE, SUCH PURPORTED CONFIRMATION OF VERBAL ORDERS DOES NOT PROVIDE A BASIS TO ALLOW YOUR CLAIM AND THE SETTLEMENT OF NOVEMBER 7, 1966, IS SUSTAINED.

IT HAS BEEN REPORTED THAT A DEDUCTION FOR SEPARATE RATIONS WAS MADE FROM THE PAYMENT OF PER DIEM MADE TO YOU COVERING THE PERIOD YOU WERE ON TEMPORARY DUTY, MAY 30 TO JUNE 2, 1966. THIS OFFICE WILL OBTAIN A SUPPLEMENTAL REPORT FROM THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, CONCERNING THE MATTER AND IF YOU ARE ENTITLED TO THE AMOUNT DEDUCTED A SETTLEMENT WILL BE ISSUED FOR THE AMOUNT DUE.