B-107014, JUNE 16, 1952, 31 COMP. GEN. 658

B-107014: Jun 16, 1952

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WHICH AUTHORIZE ADDITIONAL PAY FOR AN OFFICER OR ENLISTED MAN FOR WHOM PARACHUTE JUMPING IS AN "ESSENTIAL PART OF HIS MILITARY DUTY. " AN ARMY OFFICER WHO WAS TRANSFERRED FROM A PARACHUTE UNIT TO A UNIT WHICH WAS NOT AIRBORNE AND WHOSE DUTIES WERE NOT DESIGNATED BY COMPETENT AUTHORITY AS PARACHUTE DUTY IS NOT ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY FOR ANY PART OF THE PERIOD HE WAS NOT ASSIGNED OR ATTACHED TO A PARACHUTE UNIT. EVEN THOUGH A JUMP MAY HAVE BEEN MADE WITHIN THREE MONTHS PRIOR TO HIS TRANSFER FROM SAID PARACHUTE UNIT. 1952: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 26. FOR THE REASON THAT DURING THAT PERIOD YOU WERE NOT ASSIGNED TO AN AIRBORNE UNIT AND YOUR DUTY WAS NOT DESIGNATED AS PARACHUTE JUMP DUTY.

B-107014, JUNE 16, 1952, 31 COMP. GEN. 658

PAY - ADDITIONAL - PARACHUTE DUTY - PARACHUTE UNIT ASSIGNMENT REQUIREMENT UNDER SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AND REGULATIONS ISSUED PURSUANT THERETO, WHICH AUTHORIZE ADDITIONAL PAY FOR AN OFFICER OR ENLISTED MAN FOR WHOM PARACHUTE JUMPING IS AN "ESSENTIAL PART OF HIS MILITARY DUTY," AN ARMY OFFICER WHO WAS TRANSFERRED FROM A PARACHUTE UNIT TO A UNIT WHICH WAS NOT AIRBORNE AND WHOSE DUTIES WERE NOT DESIGNATED BY COMPETENT AUTHORITY AS PARACHUTE DUTY IS NOT ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY FOR ANY PART OF THE PERIOD HE WAS NOT ASSIGNED OR ATTACHED TO A PARACHUTE UNIT, EVEN THOUGH A JUMP MAY HAVE BEEN MADE WITHIN THREE MONTHS PRIOR TO HIS TRANSFER FROM SAID PARACHUTE UNIT.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. LOUIS H. BUTTON, U.S. ARMY, JUNE 16, 1952:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 26, 1951, REQUESTING REVIEW OF A SETTLEMENT OF THIS OFFICE, DATED NOVEMBER 7, 1951, WHICH ALLOWED YOU THE SUM OF $3.33 REPRESENTING PARACHUTE PAY FOR JULY 10, 1947, AND WHICH DISALLOWED YOUR CLAIM FOR SUCH PAY FOR THE PERIOD JULY 11 TO SEPTEMBER 30, 1947, FOR THE REASON THAT DURING THAT PERIOD YOU WERE NOT ASSIGNED TO AN AIRBORNE UNIT AND YOUR DUTY WAS NOT DESIGNATED AS PARACHUTE JUMP DUTY.

IT APPEARS TO BE YOUR CONTENTION THAT AFTER YOU ESTABLISHED YOUR ELIGIBILITY FOR PARACHUTE PAY YOUR RIGHT TO SUCH PAY CONTINUED FOR A THREE -MONTH PERIOD UNDER THE PROVISIONS OF ARMY REGULATIONS 35-1495, AND WAS NOT TERMINATED BY AN ORDERED CHANGE OF STATION REGARDLESS OF THE TYPE OF UNIT TO WHICH YOU WERE TRANSFERRED.

THE SECOND PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 368, 369, AS AMENDED BY THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, PROVIDED, INTER ALIA, THAT ANY OFFICER OF THE ARMY, NOT IN A FLYING PAY STATUS, FOR WHOM PARACHUTE JUMPING WAS AN ESSENTIAL PART OF HIS MILITARY DUTY AND WHO, UNDER SUCH REGULATIONS AS MIGHT BE PRESCRIBED BY THE SECRETARY OF WAR, HAD RECEIVED A RATING AS A PARACHUTIST OR WHO WAS UNDERGOING TRAINING FOR SUCH RATING SHOULD RECEIVE WHILE ENGAGED UPON DUTY DESIGNATED BY THE HEAD OF THE DEPARTMENT CONCERNED AS PARACHUTE DUTY, ADDITIONAL PAY AT THE RATE OF $100 PER MONTH.

PARAGRAPHS 3 AND 4 OF ARMY REGULATIONS 35-1495, DATED DECEMBER 11, 1946, READ AS FOLLOWS:

3. PARACHUTE DUTY.--- PARACHUTE DUTY IS DESIGNATED AS ALL DUTY PERFORMED BY A PERSON WHO HAS RECEIVED A RATING AS PARACHUTIST OR IS UNDERGOING TRAINING FOR SUCH A RATING, WHERE PARACHUTE JUMPING IS AN ESSENTIAL PART OF SUCH DUTY, INCLUDING---

A. WHILE IN A DUTY STATUS AND ASSIGNED OR ATTACHED TO A GLIDER, PARACHUTE, OR AIRBORNE UNIT; A PARACHUTE OR AIRBORNE SCHOOL; AIRBORNE SERVICE TEST SECTION; OR AIRBORNE CENTER. Y B. WHILE IN A DUTY STATUS WITH STAFFS OR WITH UNITS, NOT AIRBORNE, WHEN SUCH DUTY IS DESIGNATED AS PARACHUTE DUTY BY THE WAR DEPARTMENT, THE THEATER COMMANDER, OR THE COMMANDING GENERAL OF ONE OF THE MAJOR COMMANDS.

4. TERMINATION OF PARACHUTE DUTY.--- A. GENERAL.--- WHEN AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN IS REASSIGNED OR DETACHED FROM A STATUS AS SHOWN IN PARAGRAPH 3, HE IS NO LONGER ON PARACHUTE DUTY, EXCEPT AS SHOWN IN PARAGRAPH 5.

PARAGRAPH 5 OF THE SAID REGULATION, QUOTED IN PERTINENT PART IN YOUR LETTER, PROVIDED THAT IF A PERSON WAS ON PARACHUTE DUTY AND WAS OTHERWISE ENTITLED TO PARACHUTE PAY, HIS ELIGIBILITY FOR SUCH PAY FOR THE THREE MONTH PERIOD FOR WHICH HE HAD QUALIFIED WOULD NOT BE AFFECTED BY A CONDITION SUCH AS "/4) ON AUTHORIZED CHANGE OF STATION OR EN ROUTE TO OR RETURNING FROM FOREIGN SERVICE.'

WITH RESPECT TO YOUR STATUS DURING THE PERIOD INVOLVED, THE DEPARTMENT OF THE AIR FORCE REPORTED UNDER DATE OF JULY 30, 1951, IN PART AS FOLLOWS:

HE WAS ASSIGNED TO THE FOLLOWING ORGANIZATIONS AND STATIONS FOR THE PERIOD OF 9 JULY 1947 THROUGH 30 SEPTEMBER 1947; HEADQUARTERS, 501ST PARACHUTE INFANTRY BATTALION, FORT BENNING, GEORGIA, FROM 1 JULY 1947 TO 10 JULY 1947; SQUADRON "A," 310TH ARMY AIR FORCE BASE UNIT, POPE FIELD, NORTH CAROLINA, FROM 11 JULY 1947 TO 14 JULY 1947; 36TH TROOP CARRIER SQUADRON, 316TH TROOP CARRIER GROUP, POPE FIELD, NORTH CAROLINA FROM 15 JULY 1947 TO 10 OCTOBER 1947.

SUBJECT OFFICER WAS ASSIGNED TO PARACHUTE DUTY AND WAS ON PARACHUTE JUMP STATUS DURING THE PERIOD 9 JULY 1947 THROUGH 10 JULY 1947. DURING THE PERIOD 11 JULY 1947 TO 30 SEPTEMBER 1947, HE WAS NOT ASSIGNED TO PARACHUTE DUTY.

UNDER THE PROVISIONS OF PAR. 3, AR 35-1495, DATED 11 DEC. 46, A PARACHUTIST IS ON JUMP STATUS WHILE ASSIGNED TO A PARACHUTE UNIT, AND TRANSFER FROM SUCH A UNIT TERMINATES JUMP STATUS. UNDER THE PROVISIONS OF AR 35-1495, A PARACHUTIST WHO IS ASSIGNED TO A UNIT WHICH IS NOT AN AIRBORNE UNIT, IS ON JUMP STATUS ONLY IF HIS DUTY IS DESIGNATED BY PROPER AUTHORITY AS "PARACHUTE DUTY.' THERE IS NO RECORD THAT SUCH DESIGNATION WAS MADE IN THE UNITS TO WHICH CAPTAIN BUTTON WAS ASSIGNED SUBSEQUENT TO 10 JULY 1947.

SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF SEPTEMBER 7, 1944, SUPRA, DID NOT REQUIRE THAT A PERSON BE ATTACHED TO A PARACHUTE UNIT TO BE ENTITLED TO PARACHUTE PAY, BUT DID REQUIRE THAT FOR AN INDIVIDUAL TO BE ENTITLED TO SUCH PAY PARACHUTE JUMPING HAD TO BE AN ESSENTIAL PART OF HIS MILITARY DUTY. THE TERM "ESSENTIAL PART OF HIS MILITARY DUTY" DID NOT RESTRICT THE ADDITIONAL PAY TO PERIODS OF ACTUAL JUMPING, BUT ALSO RELATED TO THE GENERAL DUTY STATUS OF MEN TRAINED OR IN TRAINING AS PARACHUTISTS WHO WERE SERVING UNDER CHARACTER OF DUTY, NOTWITHSTANDING TEMPORARY INTERRUPTIONS SUCH AS FOR HOSPITALIZATION, LEAVE, OR TRAVEL INCIDENT TO A CHANGE OF STATION OR WHILE EN ROUTE TO OR FROM FOREIGN SERVICE. 26 COMP. GEN. 26. THE ABOVE-QUOTED PARAGRAPH 5 (4) OF THE SAID ARMY REGULATION DID NOT OPERATE TO CONTINUE A PERSON IN A PARACHUTE DUTY STATUS AFTER REASSIGNMENT FROM A PARACHUTE UNIT TO A UNIT WHICH WAS NOT AIRBORNE, AS YOU CONTEND, BUT PROVIDED ONLY FOR CONTINUING AN INDIVIDUAL IN A PARACHUTE DUTY STATUS DURING A TEMPORARY INTERRUPTION OF SUCH DUTY WHILE ACCOMPLISHING A CHANGE OF STATION OR WHILE EN ROUTE TO OR FROM OVERSEAS DUTY DURING WHICH PERIODS THE MEMBER WAS NOT ASSIGNED TO A PARACHUTE UNIT. THEREFORE, SINCE THE RECORDS OF THE DEPARTMENT OF THE AIR FORCE SHOW THAT DURING THE PERIOD JULY 11 TO SEPTEMBER 30, 1947, YOU WERE NOT ASSIGNED TO A PARACHUTE UNIT AND SINCE THERE IS NO RECORD THAT YOUR DUTY DURING THE SAID PERIOD WAS DESIGNATED BY COMPETENT AUTHORITY AS PARACHUTE DUTY, THERE IS NO AUTHORITY TO ALLOW YOU PARACHUTE PAY FOR SUCH PERIOD.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 7, 1951, IS SUSTAINED AND THE CHECK IN THE AMOUNT OF $3.33 ISSUED PURSUANT THERETO IS RETURNED HEREWITH.