B-110588, FEB. 14, 1964

B-110588: Feb 14, 1964

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KRUMMEL: REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 21. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED APRIL 26. FOR THE REASON THAT THE EVIDENCE OF RECORD FAILS TO DISCLOSE THAT YOU PARTICIPATED IN GLIDER FLIGHTS DURING THE PERIOD FOR WHICH GLIDER PAY IS CLAIMED. FURTHER EFFORT WAS MADE TO LOCATE RECORDS WHICH WOULD ESTABLISH THAT YOU PERFORMED THE MINIMUM GLIDER FLIGHTS REQUIRED TO QUALIFY FOR GLIDER PAY FOR THAT PERIOD. DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED FOR THE REASON THAT NO EVIDENCE COULD BE FOUND THAT YOU PARTICIPATED IN GLIDER FLIGHTS SUBSEQUENT TO DECEMBER 31. OR THAT YOU WERE PREVENTED FROM PERFORMING SUCH FLIGHTS BECAUSE OF ABSENCE OR INADEQUACY OF GLIDER EQUIPMENT OR MEANS OF PROPULSION OR BECAUSE OF MILITARY OPERATIONS OF YOUR PARTICULAR COMMAND UNDER COMBAT CONDITIONS AS REQUIRED BY EXECUTIVE ORDER 9460.

B-110588, FEB. 14, 1964

TO MR. CARL F. KRUMMEL:

REFERENCE IS MADE TO YOUR LETTERS DATED DECEMBER 21, 1962, AND NOVEMBER 11, 1963, REQUESTING FAVORABLE CONSIDERATION OF YOUR CLAIM FOR GLIDER PAY FOR THE PERIOD JANUARY 1 TO JULY 31, 1945, INCIDENT TO YOUR SERVICE IN THE ARMY.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED APRIL 26, 1951, FOR THE REASON THAT THE EVIDENCE OF RECORD FAILS TO DISCLOSE THAT YOU PARTICIPATED IN GLIDER FLIGHTS DURING THE PERIOD FOR WHICH GLIDER PAY IS CLAIMED. UPON RECEIPT OF YOUR LETTER OF JANUARY 19, 1952, FURTHER EFFORT WAS MADE TO LOCATE RECORDS WHICH WOULD ESTABLISH THAT YOU PERFORMED THE MINIMUM GLIDER FLIGHTS REQUIRED TO QUALIFY FOR GLIDER PAY FOR THAT PERIOD. BY DECISION, B-110588, DATED NOVEMBER 10, 1952, DISALLOWANCE OF YOUR CLAIM WAS SUSTAINED FOR THE REASON THAT NO EVIDENCE COULD BE FOUND THAT YOU PARTICIPATED IN GLIDER FLIGHTS SUBSEQUENT TO DECEMBER 31, 1944, OR THAT YOU WERE PREVENTED FROM PERFORMING SUCH FLIGHTS BECAUSE OF ABSENCE OR INADEQUACY OF GLIDER EQUIPMENT OR MEANS OF PROPULSION OR BECAUSE OF MILITARY OPERATIONS OF YOUR PARTICULAR COMMAND UNDER COMBAT CONDITIONS AS REQUIRED BY EXECUTIVE ORDER 9460, DATED AUGUST 7, 1944.

IN YOUR LETTER OF DECEMBER 21, 1962, YOU STATED YOU HAD BEEN FURNISHED A PHOTOSTATIC COPY OF AN EXCERPT FROM YOUR SERVICE RECORDS CERTIFYING THAT YOU PARTICIPATED IN SUFFICIENT GLIDER FLIGHTS TO QUALIFY FOR GLIDER PAY FOR THE PERIOD OF YOUR CLAIM. YOUR LETTER DATED NOVEMBER 11, 1963, CONTAINS QUOTATIONS FROM THE PHOTOSTATS IN YOUR POSSESSION.

COPIES OF THE DOCUMENTS YOU DESCRIBE WERE ON FILE IN THIS OFFICE AT THE TIME OUR DECISION OF NOVEMBER 10, 1952, WAS RENDERED, BUT WERE CONSIDERED INSUFFICIENT TO ESTABLISH THAT YOU WERE ENTITLED TO GLIDER PAY DURING THE PERIOD JANUARY 1 THROUGH JULY 31, 1945. THE RECORD DISCLOSES THAT YOU MADE GLIDER FLIGHTS ON SEPTEMBER 23 AND OCTOBER 18, 19, AND 20, 1944. THOSE FLIGHTS QUALIFIED YOU FOR GLIDER PAY FOR THE PERIOD JULY 1 THROUGH DECEMBER 31, 1944. THERE IS NOR RECORD THAT YOU PARTICIPATED IN ANY GLIDER FLIGHTS DURING THE PERIOD JANUARY 1 THROUGH JULY 31, 1945.

IN ORDER FOR THE FLIGHTS NOTED ABOVE TO SERVE TO QUALIFY YOU FOR GLIDER PAY FOR ANY PART OF THE PERIOD FOR WHICH GLIDER PAY IS CLAIMED, IT WAS NECESSARY FOR YOUR COMMANDING OFFICER TO CERTIFY THAT YOU WERE PREVENTED FROM PERFORMING NORMAL GLIDER FLIGHT REQUIREMENTS (ONE OR MORE FLIGHTS DURING ANY THREE CONSECUTIVE CALENDAR MONTHS) BECAUSE OF THE ABSENCE OR INADEQUACY OF GLIDER EQUIPMENT OR MEANS OF PROPULSION OR BECAUSE OF MILITARY OPERATIONS OF YOUR PARTICULAR COMMAND UNDER COMBAT CONDITIONS. IT HAS NOT BEEN ESTABLISHED THAT THE REQUISITE CONDITIONS EXCUSING THE PERFORMANCE OF THE REQUIRED GLIDER FLIGHTS IN YOUR CASE EXISTED. IN THE ABSENCE OF A PROPER CERTIFICATE BY YOUR COMMANDING OFFICER, THE CERTIFICATE OF THE ASSISTANT PERSONNEL OFFICER AND THE INSERT IN YOUR SERVICE RECORD ARE INSUFFICIENT TO ESTABLISH YOUR ENTITLEMENT TO GLIDER PAY DURING THE PERIOD OF YOUR CLAIM.