B-109964, NOV 5, 1952

B-109964, NOV 5, 1952

PRECIS-UNAVAILABLE

MR. GILBERT S. GUSLAND

REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 7 AND OCTOBER 23, 1952, REQUESTING FURTHER INFORMATION WITH RESPECT TO THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM DURING THE PERIOD AUGUST 19, 1949, TO MARCH 3, 1950, AS SET FORTH IN A DECISION TO YOU DATED JULY 3, 1952, WHICH WERE FURTHER AMPLIFIED IN DECISION OF JULY 17, 1952, B-109964.

YOU EXPRESS THE VIEW THAT THE CERTIFICATE OF THE ADJUTANT GENERAL, HEADQUARTERS UNITED STATES ARMY, ALASKA, DATED APRIL 17, 1951, TO THE EFFECT THAT SUCH HEADQUARTERS DID NOT OPERATE A GOVERNMENT MESS DURING THE PERIOD FEBRUARY 1, 1949, TO OCTOBER 12, 1950, WOULD VOID THE EARLIER CONTEMPORANEOUSLY ISSUED NOTICES TO THE CONTRARY WHICH WERE ISSUED AND POSTED BY THE DIFFERENT COMMANDING OFFICERS AT ELMENDORF AIR FORCE BASE DURING THE PERIODS OF THEIR INCUMBENCY THEREAT. YOU ARE ADVISED THAT PARAGRAPHS 6 AND 7, WAR DEPARTMENT CIRCULAR NO. 196-47, PLACED ON "COMMANDING OFFICERS" AT OVERSEAS INSTALLATIONS THE RESPONSIBILITY FOR PROVIDING GOVERNMENT QUARTERS AND GOVERNMENT MESS WHEREVER FEASIBLE, AND OF CAUSING TO BE POSTED THEREAT "NOTICES SPECIFYING THE AVALIABILITY OR NONAVAILABILITY OF GOVERNMENT QUARTERS AND GOVERNMENT MESS." PARAGRAPHS 3 AND 4, ARMY REGULATIONS 35-3080, MARCH 23, 1949, ARE TO THE SAME EFFECT. THE REGULATIONS GRANT NO AUTHORITY TO OR PLACE ANY RESPONSIBILITY UPON, ADJUTANT GENERALS, AS SUCH, CONCERNING THOSE MATTERS AND WHERE, AS HERE, NOTICES SPECIFYING AVAILABILITY OF A GOVERNMENT MESS WERE POSTED CURRENTLY IN ACCORDANCE WITH THE FOREGOING, A LATER CONTRADICTORY CERTIFICATE OF AN ADJUTANT GENERAL AT THE INSTALLATION, WOULD IN NO MANNER VOID SUCH NOTICES AND WOULD FURNISH NO BASIS FOR THIS OFFICE TO ALLOW A STATION SUBSISTENCE PER DIEM ON THE BASIS THEREOF.