B-148188, NOV. 16, 1962

B-148188, NOV. 16, 1962

TO LIEUTENANT COLONEL ERVEN E. BOETTNER, USAR:

REFERENCE IS MADE TO YOUR LETTER OF RECENT DATE, AND ENCLOSURE, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PARACHUTE PAY FOR THE PERIOD OCTOBER 15 TO 29, 1960, THE DISALLOWANCE OF WHICH WAS SUSTAINED IN OUR DECISION TO YOU B-148188, JULY 2, 1962. YOU ENCLOSED A CERTIFICATE EXECUTED BY THE ADJUTANT OF COMPANY B, 2ND SPECIAL FORCES (ABN), 1ST SPECIAL FORCES, FORT MYER, VIRGINIA, CERTIFYING THAT YOU PARTICIPATED IN A PARACHUTE JUMP WITH THAT ORGANIZATION ON AUGUST 8, 1960, WHILE THE UNIT WAS ON "ANNUAL ACTIVE DUTY FOR TRAINING.' YOU STATE,"THAT JUMP WILL COVER ME FOR PAY PURPOSES FOR THE MONTHS OF AUGUST, SEPTEMBER AND OCTOBER 1960.'

PARAGRAPH 2-9, ARMY REGULATIONS 37-104, CHANGE 20, PROVIDES IN PERTINENT PART AS FOLLOWS:

"A.GENERAL. TO BE ELIGIBLE FOR INCENTIVE PAY FOR PARACHUTE DUTY, MEMBERS WHO ARE ENGAGED IN PARACHUTE DUTY WILL BE REQUIRED TO PERFORM ONE OR MORE PARACHUTE JUMPS FROM AN AIRCRAFT IN FLIGHT DURING ANY 3 CONSECUTIVE CALENDAR MONTHS EXCEPT AS PROVIDED IN PARAGRAPH 2-12 OR 2 13 (LATTER PARAGRAPHS ARE NOT MATERIAL HERE).

"B. PAY FOR 3 CALENDAR MONTHS. A JUMP PERFORMED IN ANY CALENDAR MONTH QUALIFIES THE PARACHUTIST FOR INCENTIVE PAY FOR PARACHUTE DUTY FOR THAT MONTH AND---

1. ONE PRECEDING MONTH AND 1 SUCCEEDING MONTH.

2. THE 2 PRECEDING MONTHS.

3. THE 2 SUCCEEDING MONTHS.

"C. FRACTIONAL PARTS OF MONTHS. * * * INCENTIVE PAY FOR PARACHUTE DUTY IS PAYABLE ONLY FROM THE DATE OF ENTRY ON TRAINING OR ON DUTY.'

THE "CARRY-OVER CREDIT" OF ANY PARACHUTE JUMP QUALIFYING A MEMBER FOR INCENTIVE PAY FOR THREE MONTHS, AS SET FORTH IN THE QUOTED REGULATIONS, PERMITS A MEMBER, WHO IS OTHERWISE ENTITLED TO INCENTIVE PAY FOR PARACHUTE DUTY, TO CONTINUE TO BE ELIGIBLE FOR SUCH PAY FOR THREE MONTHS EVEN THOUGH SERVING FOR PERIODS OF TEMPORARY DUTY AWAY FROM STATIONS WHERE THEY QUALIFIED FOR SUCH PAY. SEE PARAGRAPH 2 14C, ARMY REGULATIONS 37-104. THE CIRCUMSTANCES HERE INVOLVED APPEAR TO BE SUFFICIENTLY SIMILAR TO WARRANT THE CONCLUSION THAT YOU ARE ENTITLED TO PARACHUTE PAY FOR THE PERIOD OF ACTIVE DUTY FOR TRAINING, OCTOBER 15 TO 29, 1960, AT FORT BENNING, GEORGIA, ON THE BASIS OF THE PARACHUTE JUMP PERFORMED BY YOU ON AUGUST 8, 1960.

HOWEVER, AN EXAMINATION OF YOUR PAY ACCOUNT REVEALS THAT YOU WERE PAID PARACHUTE INCENTIVE PAY FOR THE PERIOD MAY 1960 TO JANUARY 31, 1961, AS FOLLOWS:

CHART VOUCHER PERIOD COVERED TYPE OF

NO. DATE D.O. BY VOUCHER DUTY AMOUNT 101655 8/18/60 J. R. NOGUERA MAY, JUNE, JULY INACTIVE $55.00

1960 (15 DAYS)100489 9/60 H. A. MINER 7/30 TO 8/13/60 ACTIVE 55.00

(15 DAYS) 107040 1/17/61 J. R. NOGUERA 8/1 TO 10/31/60 INACTIVE 89.83

(11 DAYS) 107646 2) 8/61 J. R. NOGUERA 11/1/60 TO 1/31/61 INACTIVE 44.00

(12 DAYS)

VOUCHER NO. 107040, ABOVE, SHOWS THAT YOU WERE ENTITLED TO PARACHUTE PAY DURING THE PERIOD AUGUST 1 TO OCTOBER 31, 1960, BASED ON THE AUGUST 8 JUMP, FOR ONLY 11 DAYS' INACTIVE DUTY TRAINING, ENTITLING YOU TO $40.33 INSTEAD OF $89.83, AN OVERPAYMENT OF $49.50. IN ADDITION, THE AMOUNT OF $44 PAID TO YOU AS PARACHUTE PAY FOR INACTIVE DUTY TRAINING FOR THE PERIOD NOVEMBER 1, 1960, TO JANUARY 31, 1961, WAS BASED ON A JUMP PERFORMED AT FORT BENNING, GEORGIA, ON OCTOBER 27, 1960. SINCE YOUR DUTIES AT FORT BENNING DID NOT INCLUDE PARACHUTE JUMPING, THE JUMP PERFORMED BY YOU ON THAT DATE MUST VE VIEWED AS ACCOMPLISHED FOR PROFICIENCY PURPOSES ONLY WITHIN THE MEANING OF PARAGRAPH 2-10 OF THE REGULATIONS QUOTED IN OUR DECISION OF JULY 2, 1962, TO YOU, AND IT MAY NOT BE CONSIDERED IN DETERMINING YOUR RIGHT TO PARACHUTE PAY. YOU WERE ADVISED IN THAT DECISION THAT THE FORT BENNING JUMP DID NOT ENTITLE YOU TO PARACHUTE PAY FOR THE DUTY PERFORMED AT THAT PLACE AND IT IS EQUALLY WITHOUT EFFECT WITH RESPECT TO INACTIVE DUTY TRAINING AFTER SUCH ACTIVE DUTY WAS COMPLETED.

IT APPEARS, THEREFORE, THAT WHILE YOU ARE ENTITLED TO A CREDIT OF $55 AS 15 DAYS' PARACHUTE PAY FOR THE OCTOBER 1960 PERIOD OF ACTIVE DUTY FOR TRAINING, YOU WERE OVERPAID IN THE AMOUNT OF $93.50 LEAVING A NET AMOUNT DUE OF $38.50. THIS AMOUNT SHOULD BE REFUNDED TO THE UNITED STATES BY CHECK OR MONEY ORDER MADE PAYABLE AND ADDRESSED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX NO. 2610, WASHINGTON 13, D.C. ..END :