B-141524, APR. 15, 1960
Highlights
DODGE: REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 27 AND APRIL 6. ON ACCOUNT OF THE ABSENCE OF JUMP EQUIPMENT OR AIRCRAFT OR ON ACCOUNT OF MILITARY OPERATIONS OF THE PARTICULAR COMMAND" THE MEMBER CONCERNED WAS UNABLE TO MEET THE JUMP REQUIREMENTS OF ONE OR MORE JUMPS DURING THREE CONSECUTIVE MONTHS. SUCH REGULATIONS ARE STILL IN EFFECT. THERE WAS NOTHING IN THE FILE FURNISHED OUR OFFICE WHICH SUGGESTED THAT SUCH REGULATIONS MIGHT BE FOR APPLICATION IN YOUR SON'S CASE. SINCE NO CERTIFICATE WAS FURNISHED SHOWING THAT HE WAS PREVENTED FROM PERFORMING THE JUMP REQUIREMENTS BECAUSE OF MILITARY OPERATIONS OR ABSENCE OF NECESSARY EQUIPMENT. IT WAS REPORTED THAT "AT NO TIME WAS IT EVER FOUND THAT MR.
B-141524, APR. 15, 1960
TO MR. H. D. DODGE:
REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 27 AND APRIL 6, 1960, REGARDING THE CLAIM OF YOUR SON, JEROME P. DODGE, FOR INCENTIVE PAY FOR PARACHUTE DUTY BELIEVED TO BE DUE FOR THE MONTHS OF FEBRUARY AND MARCH 1955, AND NOVEMBER 1955 THROUGH MARCH 1957, INCIDENT TO HIS SERVICE IN THE UNITED STATES ARMY.
YOUR MENTION OF A REGULATION WHICH PERMITS A MEMBER TO PERFORM FOUR JUMPS IN 12 MONTHS TO QUALIFY FOR INCENTIVE PAY FOR PARACHUTE DUTY ("4 12 EXCEPTION CLAUSE") APPEARS TO REFER TO PARAGRAPH 8 (C), EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950, AND SIMILAR ADMINISTRATIVE REGULATIONS WHICH PERMIT A MEMBER TO COMPLY WITH THE MINIMUM JUMP REQUIREMENTS BY PERFORMING FOUR JUMPS DURING A PERIOD OF 12 CONSECUTIVE CALENDAR MONTHS IF HIS COMMANDING OFFICER CERTIFIES THAT ,ON ACCOUNT OF THE ABSENCE OF JUMP EQUIPMENT OR AIRCRAFT OR ON ACCOUNT OF MILITARY OPERATIONS OF THE PARTICULAR COMMAND" THE MEMBER CONCERNED WAS UNABLE TO MEET THE JUMP REQUIREMENTS OF ONE OR MORE JUMPS DURING THREE CONSECUTIVE MONTHS. SUCH REGULATIONS ARE STILL IN EFFECT. HOWEVER, THERE WAS NOTHING IN THE FILE FURNISHED OUR OFFICE WHICH SUGGESTED THAT SUCH REGULATIONS MIGHT BE FOR APPLICATION IN YOUR SON'S CASE, SINCE NO CERTIFICATE WAS FURNISHED SHOWING THAT HE WAS PREVENTED FROM PERFORMING THE JUMP REQUIREMENTS BECAUSE OF MILITARY OPERATIONS OR ABSENCE OF NECESSARY EQUIPMENT. TO THE CONTRARY, IT WAS REPORTED THAT "AT NO TIME WAS IT EVER FOUND THAT MR. DODGE'S SON WAS DENIED THE OPPORTUNITY TO PERFORM AND QUALIFY FOR THE INCENTIVE PAY FOR THE MONTHS IN QUESTION" WHILE HIS PARACHUTE JUMP ORDERS WERE STILL IN EFFECT PRIOR TO SEPTEMBER 1955. SUCH REGULATIONS HAVE THE FORCE AND EFFECT OF LAW AND APPLY IN THE SAME MANNER AND TO THE SAME EXTENT TO ALL MEMBERS COVERED THEREBY.
CONCERNING THE INFORMATION WHICH WAS FURNISHED THIS OFFICE PRIOR TO OUR LETTER OF JANUARY 20, 1960, IN THIS MATTER, YOU ARE ADVISED THAT THE FILE EXAMINED INCLUDED EXTENSIVE CORRESPONDENCE AND CONTAINED ADEQUATE INFORMATION TO DETERMINE YOUR SON'S RIGHTS IN THE PREMISES. HOWEVER, NO BASIS WAS FOUND UPON WHICH TO CONCLUDE THAT HE WAS UNDERPAID BY THE ARMY DURING THE PERIODS IN QUESTION.