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B-197888 1 (1980-11-18)

handle is hein.gao/gaobadirx0001 and id is 1 raw text is: 
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FILE:  B-197888


DATE:  November 18, 1980


MATTER  OF:  Staff Sergeant John H. Cotton, USA


DIGEST:


An  Army member claimed retroactive
payment of basic allowance for sub-
sistence  (BAS) for a period during
August  1973, through May 1978, con-
tending  that he had not received the
allowance because of administrative
error.  The claim may not be allowed
since  there is no administrative
report by the concerned Army command
,authorities establishing that the
member was actually authorized BAS
and,  if he was so authorized, the
circumstances which previously pre-
vented payment.


     Staff Sergeant John H. Cotton, USA, requests recon-
sideratin  of our Claims Division's April 17, 1979 denial
of his claim for payment of basic allowance for subsistence
(BAS) for the period August 15, 1973, through May 25, 197
Since the record does not establish conclusively that
Sergeant Cotton was given authorization to mess separately
for the period in question, or for what other reason pay-
ment was not made, we affirm the denial of his claim.

     Sergeant Cotton applied on May 26, 1978, for retro-
active payment of BAS effective August 15, 1973. He con-
tended that he was receiving BAS when he was transferred
from the 122nd Medical Detachment to the 97th General
Hospital in the Frankfurt, Germany area, but that after
the transfer he was not paid BAS due to administrative
error.  He indicates that he was not aware at the time
that he was not receiving BAS.  Prior to and during the
period of the claim, he was living with his dependents in
Government quarters under command sponsorship. In support
of his claim he submitted statements from four former com-
manding officers that indicated they believed that he was
entitled to mess separately with his dependents while under
their command, but none of the statements give any indica-
tion why, if oral approval was given, such authorization
was not confirmed in writing.




                     437


                       iTHE  COMPTROLLER GENERAL
DECISION                OF   THE   UNITED BTATES
                        WASHINGTON, D.C. 20548


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