B-164417, JUL. 22, 1968

B-164417, JUL. 22, 1968

TO SERGEANT DAVID T. SHAW:

REFERENCE IS MADE TO YOUR UNSIGNED LETTER DATED MAY 9, 1968, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR BASIC ALLOWANCE FOR SUBSISTANCE (SEPARATE RATIONS) FOR THE PERIOD JULY 14, 1967, THROUGH JANUARY 2, 1968, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 1, 1968. SUCH DISALLOWANCE WAS BASED ON THE FACT THAT THE RECORDS FURNISHED THIS OFFICE BY THE DEPARTMENT OF THE AIR FORCE FAILED TO SHOW THAT PROPER ORDERS WERE ISSUED ESTABLISHING THAT YOU HAD BEEN AUTHORIZED BY PROPER AUTHORITY TO RATION SEPARATELY.

YOU INVITE ATTENTION TO PARAGRAPH 10405, CHAPTER 4, VOLUME II (1) OF AIR FORCE MANUAL 177-105, WHICH RELATES TO THE USE OF AF FORM 220. ADDITION, YOU HAVE NOW FURNISHED A STATEMENT SIGNED BY CAPTAIN ROY L. DAVIS, AS "COMMANDER," USAF, DATED MAY 13, 1968, WHICH STATES THAT ON JULY 14, 1967, FOUR COPIES OF AF FORM 220 WERE TYPED UP FOR YOU IN THE 1370TH HEADQUARTERS SQUADRON ORDERLY ROOM AND WERE LOST IN DISTRIBUTION.

THE PERTINENT REGULATIONS IN EFFECT DURING THE PERIOD OF YOUR CLAIM ARE THOSE CITED BY YOU. SUCH REGULATIONS PROVIDE IN SUBSTANCE THAT AF FORM 220 IS TO BE USED TO START, STOP OR ADJUST BAS, BUT SUBJECT TO THE MANNER AND CONDITIONS SET OUT IN TABLE 1-4-3, AFM 177-105 (1967 ED.).

NOTES 4 AND 6 OF THAT TABLE PROVIDE:

"4. IF AUTHORIZATION IS CONFIRMATION OF VERBAL ORDERS, INDICATE IN SECTION II. AUTHORITY TO RATION SEPARATELY CANNOT BE RETROACTIVE.

"6. PERMISSION TO MESS SEPARATELY MAY BE GRANTED BY THE COMMANDER OF A MAJOR COMMAND, NUMBERED AIR FORCE, AIR DIVISION, BASE WING OR OTHER COMPARABLE SEPARATE COMMAND. AUTHORITY TO GRANT PERMISSION TO MESS SEPARATELY MAY BE REDELEGATED TO SQUADRON COMMANDERS * * *.'

THE FOREGOING REGULATIONS CONTEMPLATE THE PAYMENT OF A SEPARATE RATION ALLOWANCE ONLY WHEN PAYMENT THEREOF HAS BEEN PROPERLY AUTHORIZED BY THE COMMANDING OFFICER OF A MAJOR COMMAND OR OTHER COMMANDING OFFICER TO WHOM SUCH AUTHORITY HAS BEEN DELEGATED. IF, AS APPEARS, YOU ARE A MEMBER OF THE 1370TH HEADQUARTERS SQUADRON AT YOUR STATION AND CAPTAIN DAVIS IS THE COMMANDING OFFICER OF THAT UNIT, YOUR ATTENTION IS INVITED TO THE FACT THAT NO INFORMATION HAS BEEN FURNISHED SHOWING THAT HE AUTHORIZED YOU TO MESS SEPARATELY AT ANY TIME DURING THE PERIOD OF YOUR CLAIM OR THAT AUTHORITY HAD BEEN PROPERLY DELEGATED TO HIM TO ISSUE SUCH AUTHORIZATION.

THE AF FORM 220 DATED JANUARY 4, 1968, WHICH WAS SUBMITTED IN SUPPORT OF YOUR CLAIM AND WHICH PURPORTED TO CONFIRM VERBAL ORDERS OF THE COMMANDING OFFICER OF JULY 14, 1967, BEARS THE SIGNATURE OF ELLA G. MURPHY, NOT THAT OF CAPTAIN DAVIS, ALTHOUGH THE LATTER OFFICER'S NAME IS TYPED THEREON. WHILE AN ACCOMPANYING 1ST INDORSEMENT OF THE SAME DATE -- SIGNED BY MAJOR MURPHY APPARENTLY AS "COMMANDER" OF THE ABOVE MENTIONED SQUADRON -- CONTAINS A STATEMENT TO THE EFFECT THAT YOU WERE AUTHORIZED TO RATION SEPARATELY ON JULY 14, 1967, SHE DOES NOT STATE WHO TOOK SUCH ACTION AND SHE HAS FURNISHED NO INFORMATION AS TO THE AUTHORITY OF THE OFFICER INVOLVED. IF AN AF FORM 220 HAD BEEN COMPLETED ON THAT DATE INCLUDING THE SIGNATURE OF THE PROPER AUTHORIZING OFFICIAL, IT WOULD SEEM THAT NO VERBAL ORDERS WOULD HAVE BEEN ISSUED AT THAT TIME AND THAT THE VERBAL ORDERS SUPPOSEDLY CONFIRMED IN THE FORM 220 SIGNED BY MAJOR MURPHY WERE ENTIRELY FICTITIOUS. CONFIRMATION OF SEPARATE VERBAL ORDERS WOULD HAVE BEEN UNNECESSARY IN ANY EVENT IF A PROPER FORM 220 HAD BEEN TIMELY COMPLETED AND ISSUED, SINCE A STATEMENT BY THE AUTHORIZING OFFICIAL EXPLAINING THE CIRCUMSTANCES OF THE CASE AND THAT SUCH FORM HAD BEEN LOST DURING ADMINISTRATIVE HANDLING WOULD HAVE SUFFICED TO PERMIT PAYMENT OF YOUR CLAIM.

CAPTAIN DAVIS' STATEMENT OF MAY 13, 1968, DOES NOTHING MORE THAN ADVISE THAT AN AF FORM 220 WAS TYPED ON JULY 14, 1967, AND LOST THROUGH DISTRIBUTION. NO INFORMATION HAS BEEN FURNISHED AS TO THE COMMANDING OFFICER, IF ANY, WHO SIGNED SUCH FORM OR THE AUTHORITY OF THAT OFFICIAL TO AUTHORIZE YOU TO RATION SEPARATELY.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE ACTION HERETOFORE TAKEN IN THIS MATTER IS SUSTAINED.