B-123658, AUG. 5, 1955

B-123658: Aug 5, 1955

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USAFR: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27. YOU SAY THAT YOU ARE PRACTICALLY CERTAIN THAT ANY ERROR IN YOUR PAY AT FLOYD BENNETT NAVAL AIR STATION. FROM WHICH BASE YOU WERE RECALLED TO ACTIVE DUTY. WAS CORRECTED AT WESTOVER AIR FORCE BASE. WHICH WAS YOUR NEXT DUTY ASSIGNMENT. THE RECORDS SHOW THAT YOU WERE CREDITED WITH FLYING PAY FOR THE PERIOD BEGINNING WITH MAY 1. IT WAS HELD THAT. AN AIR FORCE RESERVE OFFICER WHO HAS BEEN ORDERED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF EXTENDED ACTIVE DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS HAS NOT ENTERED UPON THE PERFORMANCE OF SUCH DUTY WHILE TRAVELING TO SUCH DUTY STATION OR WHILE AT AN INTERMEDIATE PROCESSING STATION WHERE THE PERFORMANCE OF DUTY INVOLVING PARTICIPATION IN AERIAL FLIGHTS IS NOT REQUIRED AND WHERE FACILITIES FOR SUCH DUTY MAY NOT EVEN EXIST.

B-123658, AUG. 5, 1955

TO CAPTAIN PHILIP S. SCHWARTZMAN, USAFR:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1955, PROTESTING THE WITHHOLDING FROM AN AMOUNT OTHERWISE FOUND DUE YOU AS UNIFORM ALLOWANCE OF THE SUM OF $64 TO COVER AN OVERPAYMENT OF FLYING PAY FROM MAY 1 TO 16, 1951, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE.

YOU SAY THAT YOU ARE PRACTICALLY CERTAIN THAT ANY ERROR IN YOUR PAY AT FLOYD BENNETT NAVAL AIR STATION, FROM WHICH BASE YOU WERE RECALLED TO ACTIVE DUTY, WAS CORRECTED AT WESTOVER AIR FORCE BASE, WHICH WAS YOUR NEXT DUTY ASSIGNMENT.

THE RECORDS SHOW THAT YOU WERE CREDITED WITH FLYING PAY FOR THE PERIOD BEGINNING WITH MAY 1, 1951. THE DEPARTMENT OF THE AIR FORCE HAS REPORTED, HOWEVER, THAT YOU "REPORTED TO DUTY STATION FOR PERFORMANCE OF AERIAL FLIGHT ON 17 MAY 1951.'

IN OUR DECISION OF APRIL 8, 1953, 32 COMP. GEN. 442, IT WAS HELD THAT, UNDER THE APPLICABLE LAW AND REGULATIONS, AN AIR FORCE RESERVE OFFICER WHO HAS BEEN ORDERED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF EXTENDED ACTIVE DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS HAS NOT ENTERED UPON THE PERFORMANCE OF SUCH DUTY WHILE TRAVELING TO SUCH DUTY STATION OR WHILE AT AN INTERMEDIATE PROCESSING STATION WHERE THE PERFORMANCE OF DUTY INVOLVING PARTICIPATION IN AERIAL FLIGHTS IS NOT REQUIRED AND WHERE FACILITIES FOR SUCH DUTY MAY NOT EVEN EXIST.

IN VIEW OF THE DEPARTMENT OF THE AIR FORCE REPORT, IT DOES NOT APPEAR THAT YOU WERE ENTITLED TO FLYING PAY FOR THE PERIOD MAY 1 TO 16, 1951. EXAMINATION OF YOUR PAY RECORDS FROM MAY 1, 1951, TO JANUARY 27, 1953, DOES NOT DISCLOSE THAT ANY ADJUSTMENT WAS MADE ON ACCOUNT OF SUCH OVERPAYMENT. ACCORDINGLY, THE SUM OF $64 WAS PROPERLY WITHHELD FROM THE AMOUNT OTHERWISE FOUND DUE YOU.