About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-228765 1 (1987-12-04)

handle is hein.gao/gaobadmxv0001 and id is 1 raw text is: The Comptroiler General of the United States WhiMngton, D.C. 20548 Decision Matterof- Benjamin G. Spears - Retroactive Payment of Commuted Rations File: B-228765 Date: December 4, 1987 DIGEST In appropriate circumstances an enlisted member of the Navy may apply to mess separately and receive commuted rations. Until an application is filed and approved by the appro- priate officer, the enlisted member has no entitlement to commuted rations, and applicable law and implementing regu- lations preclude retroactive payments. Thus, where a Navy member claims retroactive commuted rations for a period in excess of 3 years, but he never had an application approved by appropriate authority, he cannot receive retroactive payment, notwithstanding that it may appear that such appli- cation would have been approved. The appropriate avenue of relief in such a case would be a petition to the Board for the Correction of Naval Records. .DECISION Mr. Benjamin G. Spears, a former enlisted member of the Navy, appeals the Claims Group's denial of his claim for retroactive payment of commuted rations for the period April 12, 1982, through September 16, 1985. Since there is no evidence that the commanding officer having authority to grant such approvals ever approved commuted rations for Mr. Spears, the payment of this claim is precluded by the law and regulations-under which the allowance arises. BACKGROUND- In April of 1982, shortly after his marriage, Mr. Spears, then an enlisted member of the Navy stationed at the Naval Air Station, Moffett Field, California, moved out of Navy bachelor quarters to reside with his wife in civilian housing in Sunnyvale, California. He states that he filed an application to be authorized to mess separately; that is, a request for permission to take his meals separately from

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most