B-154609, OCT. 15, 1964

B-154609, OCT. 15, 1964

TO DAVID TURNER FLOYD, ADRC, 262 73 87:

FURTHER REFERENCE IS MADE TO UNSIGNED DD FORM 827,"APPLICATION FOR ARREARS IN PAY," DATED JUNE 22, 1964, WITH ENCLOSURES, IN WHICH YOU HAVE REQUESTED RECONSIDERATION OF YOUR CLAIM FOR BASIC ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) FOR THE PERIOD NOVEMBER 22, 1960, TO AUGUST 28, 1963, WHILE STATIONED AT THE NAVAL AIR STATION, NORFOLK, VIRGINIA.

IN A STATEMENT ACCOMPANYING YOUR ORIGINAL CLAIM DATED SEPTEMBER 10, 1963, YOU ADVISED, AMONG OTHER THINGS, IN SUBSTANCE THAT WHILE ASSIGNED TO PATROL SQUADRON TWENTY-FOUR, YOU WERE MARRIED ON NOVEMBER 22, 1960, AND WHEN RETURNING FROM LEAVE NOVEMBER 30, 1960, YOU WENT TO THE COMMAND PERSONNEL OFFICE AND FILLED OUT REQUIRED FORMS FOR YOUR WIFE'S ALLOTMENT, IDENTIFICATION CARD, CHANGE OF INSURANCE BENEFITS, EMERGENCY DATA SHEET, AND A REQUEST FOR COMMUTED RATIONS, AND SURRENDERED YOUR MESS PASS. YOU ADVISED FURTHER THAT IT WAS NOT UNTIL MAY 15, 1963, THAT YOU WERE INFORMED BY THE DISBURSING OFFICE THAT CREDIT FOR COMMUTED RATIONS WAS NOT BEING POSTED TO YOUR PAY ACCOUNT AND THAT UPON FURTHER INQUIRY OF VARIOUS PERSONNEL IN THE SQUADRON PERSONNEL OFFICE AND THE DISBURSING OFFICE YOU ASCERTAINED THAT THE SQUADRON DID NOT HAVE ANY RECORD OF YOUR REQUEST FOR COMMUTED RATIONS. YOU ADVISED, ADDITIONALLY, THAT THE COMMANDING OFFICER OF PATROL SQUADRON TWENTY-FOUR REFUSED TO SIGN A LETTER FOR THE DISBURSING OFFICE TO THE EFFECT THAT YOUR NONRECEIPT OF THE SUBSISTENCE ALLOWANCE (COMMUTED RATIONS) WAS DUE TO AN ADMINISTRATIVE ERROR FOR THE REASON THAT HE DID NOT COMMAND THE SQUADRON DURING THE ENTIRE PERIOD COVERED BY YOUR CLAIM. THE CLAIM WAS REFERRED TO OUR CLAIMS DIVISION, AND BY SETTLEMENT DATED DECEMBER 10, 1963, IT WAS DISALLOWED FOR THE REASON THAT PAYMENT COULD NOT BE MADE TO YOU IN THE ABSENCE OF ORDERS SHOWING THAT YOU WERE AUTHORIZED BY THE INSTALLATION COMMANDER TO RATION SEPARATELY, OR OTHER PROPERLY AUTHENTICATED EVIDENCE SHOWING THAT SUCH PERMISSION WAS REQUESTED AND APPROVED. THE SETTLEMENT ACTION WAS BASED ON A STATEMENT BY THE NAVY FINANCE OFFICE, NAVAL BASE, NORFOLK, VIRGINIA, DATED SEPTEMBER 11, 1963, THAT THEY WERE ADVISED THAT THERE WAS NO RECORD TO INDICATE THAT YOU HAD EVER REQUESTED COMMUTATION OF RATIONS.

IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION OF THE CLAIM THERE IS A WRITTEN STATEMENT DATED APRIL 20, 1964, FROM THE COMMANDING OFFICER, PATROL SQUADRON TWENTY-FOUR, IN WHICH HE EXPRESSED THE OPINION THAT IT IS ENTIRELY POSSIBLE THAT YOU DID IN FACT APPLY FOR COMMUTED RATIONS ON THE DATE INDICATED ON YOUR CLAIM FORM, BUT ADVISED, ON THE OTHER HAND, THAT THE SQUADRON'S RECORDS DO NOT GO BACK TO THE DATE OF YOUR APPLICATION, AND ALSO THAT SEVERAL CHIEF PETTY OFFICERS PRESENTLY ATTACHED TO THE COMMAND KNEW THAT ON VARIOUS OCCASIONS YOU PAID FOR MEALS CONSUMED AT THE NAS NORFOLK GALLEY.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, CH. 681, 63 STAT. 251, AS AMENDED, 37 U.S.C. 251, REVISED AND CODIFIED BY THE ACT OF SEPTEMBER 7, 1962, 76 STAT. 470, AS 37 U.S.C. 402, AUTHORIZES THE PAYMENT OF A BASIC ALLOWANCE FOR SUBSISTENCE "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED.' SECTION 3 (C) OF EXECUTIVE ORDER NO. 10119, DATED MARCH 27, 1950, ISSUED UNDER THAT AUTHORITY, STATES THAT THE TERM "WHEN PERMISSION TO MESS SEPARATELY IS GRANTED" SHALL BE CONSIDERED APPLICABLE IN THE CASE OF ENLISTED MEMBERS ON DUTY AT STATIONS WHERE A MESS IS AVAILABLE AND WHEN SUCH ENLISTED MEMBERS ARE AUTHORIZED TO SUBSIST THEMSELVES INDEPENDENTLY. ALSO, PARAGRAPH A-4404, CHANGE NO. 2, OF BUREAU OF NAVAL PERSONNEL MANUAL, IN EFFECT ON NOVEMBER 22, 1960, PROVIDED THAT THE COMMUTED RATIONS MAY BE AUTHORIZED BY THE COMMANDING OFFICERS OF SHORE ACTIVITIES OPERATING GENERAL MESSES FOR ENLISTED PERSONNEL UNDER THEIR COMMAND AND THAT THE CREDIT OF COMMUTED RATIONS WOULD COMMENCE ON THE DATE AND THE HOUR ON WHICH THE MEMBER'S REQUEST WAS APPROVED.

UNDER THE ABOVE LAW AND REGULATIONS YOUR ENTITLEMENT TO THE SEPARATE RATIONS ALLOWANCE IS DEPENDENT UPON A SHOWING THAT PRIOR TO THE PERIOD INVOLVED YOU WERE IN FACT AUTHORIZED TO MESS SEPARATELY BY PROPER AUTHORITY FOR THE PERIOD OF YOUR CLAIM. WHILE THE AVAILABLE EVIDENCE SUPPORTING YOUR CLAIM SUGGESTS A POSSIBILITY THAT YOU APPLIED FOR COMMUTED RATIONS ON NOVEMBER 30, 1960, THERE IS NOTHING FROM ANY OFFICIAL SOURCE AFFIRMATIVELY SHOWING THAT ANY APPLICATION, BY YOU, WAS APPROVED BY THE COMMANDING OFFICER OF THE SHORE ACTIVITY OPERATING THE GENERAL MESS OR HIS DESIGNATED REPRESENTATIVE. THE STATEMENTS OF THE SEVERAL MEMBERS OF THE COMMAND THAT YOU PAID FOR YOUR MEALS AT THE NAS NORFOLK GALLEY ON NUMEROUS OCCASIONS MAY NOT BE CONSIDERED AS LEGALLY ESTABLISHING THE FACT THAT YOUR APPLICATION FOR SEPARATE RATIONS WAS APPROVED.

SINCE THE RECORD DOES NOT ESTABLISH THAT YOU WERE PERMITTED TO MESS SEPARATELY WE MAY NOT GIVE FAVORABLE CONSIDERATION TO YOUR CLAIM FOR COMMUTED RATIONS. HOWEVER, NO CHARGE SHOULD HAVE BEEN MADE FOR MEALS CONSUMED BY YOU AT THE GENERAL MESS. IN SUCH CIRCUMSTANCE, IT WOULD APPEAR THAT YOU ARE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO THE MESS WHICH MAY BE DETERMINED FROM ACCEPTABLE EVIDENCE THAT YOU MAY SUBMIT SHOWING THE NUMBER OF MEALS CONSUMED BY YOU, THE DATES ..END :