B-127206, MAR. 22, 1956

B-127206: Mar 22, 1956

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WHILE YOU WERE SERVING ON ACTIVE DUTY AS AN ENLISTED MAN IN THE ARMY OF THE UNITED STATES. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. - WHICH YOU STATED THAT YOU WERE ENCLOSING BUT WHICH WAS NOT RECEIVED WITH YOUR LETTER. - AND SAID THAT YOU ARE OF THE OPINION THAT CERTAIN INFORMATION CIRCLED ON THAT FORM WAS IN THE WRONG BLOCK AND HENCE WAS NOT NOTICED. YOUR CLAIM WAS FORWARDED TO OUR OFFICE BY THE SETTLEMENTS DIVISION. THERE WAS ENCLOSED A REPORT FROM THE COMMANDING OFFICER. WHICH IS AS FOLLOWS: "1. THIS BATTALION HAS AUTHORIZED AND ASSIGNED 55 ENLISTED MEN WHO ARE COMBAT CONSTRUCTION SPECIALISTS WHOSE DUTIES INCLUDE DEMOLITION. THERE IS NO RECORD CONTAINED IN THE FILES THAT ANY ENLISTED MAN HAS EVER BEEN AUTHORIZED DEMOLITION PAY FOR DUTIES PERFORMED WHILE ASSIGNED TO THIS BATTALION.'.

B-127206, MAR. 22, 1956

TO MR. DOMINICK A. D-ARCANGELO:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 19, 1955, ADDRESSED TO THE FINANCE DIVISION, ARMY PERSONNEL RECORDS, THE ADJUTANT GENERAL'S OFFICE, ST. LOUIS, MISSOURI, CONCERNING YOUR CLAIM FOR DEMOLITION PAY FROM OCTOBER 11, 1951, TO SEPTEMBER 17, 1952, A PERIOD OF 11 MONTHS AND 7 DAYS, WHILE YOU WERE SERVING ON ACTIVE DUTY AS AN ENLISTED MAN IN THE ARMY OF THE UNITED STATES. SINCE OUR SETTLEMENT OF MARCH 4, 1954, DISALLOWED YOUR CLAIM FOR DEMOLITION PAY FOR THE REASON THAT THE EVIDENCE OF RECORD FAILED TO DISCLOSE ORDERS ASSIGNING YOU TO HAZARDOUS DUTIES WHICH WOULD ENTITLE YOU TO SUCH PAY, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

IN YOUR LETTER YOU REFERRED TO YOUR FORM DD 214--- WHICH YOU STATED THAT YOU WERE ENCLOSING BUT WHICH WAS NOT RECEIVED WITH YOUR LETTER--- AND SAID THAT YOU ARE OF THE OPINION THAT CERTAIN INFORMATION CIRCLED ON THAT FORM WAS IN THE WRONG BLOCK AND HENCE WAS NOT NOTICED, IT APPARENTLY BEING YOUR CONTENTION THAT SUCH INFORMATION SUPPORTED YOUR CLAIM FOR DEMOLITION PAY. YOU SAID ALSO THAT YOUR COMPANY OF THE 194TH COMBAT ENGINEERS HAD THE REQUIRED INFORMATION ON THE BULLETIN BOARD IN KOREA.

YOUR CLAIM WAS FORWARDED TO OUR OFFICE BY THE SETTLEMENTS DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, WITH A REPORT DATED NOVEMBER 5, 1953, AND THERE WAS ENCLOSED A REPORT FROM THE COMMANDING OFFICER, HEADQUARTERS, 194TH ENGINEER COMBAT BATTALION, CONCERNING YOUR CLAIM, WHICH IS AS FOLLOWS:

"1. SEARCH OF RECORDS OF THIS HEADQUARTERS DID NOT REVEAL ANY INFORMATION OR ORDERS PERTAINING TO SUBJECT ENLISTED MAN RELATIVE TO ELIGIBILITY FOR DEMOLITION PAY.

"2. THIS BATTALION HAS AUTHORIZED AND ASSIGNED 55 ENLISTED MEN WHO ARE COMBAT CONSTRUCTION SPECIALISTS WHOSE DUTIES INCLUDE DEMOLITION. HOWEVER, NONE MEET THE ELIGIBILITY REQUIREMENTS FOR DEMOLITION PAY, AND THERE IS NO RECORD CONTAINED IN THE FILES THAT ANY ENLISTED MAN HAS EVER BEEN AUTHORIZED DEMOLITION PAY FOR DUTIES PERFORMED WHILE ASSIGNED TO THIS BATTALION.'

SECTION 204 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, PROVIDES THAT SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL, IN ADDITION THERETO, BE ENTITLED TO RECEIVE INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES AS A PRIMARY DUTY, INCLUDING TRAINING FOR SUCH DUTY, WHEN SUCH DUTY IS REQUIRED BY COMPETENT ORDERS. THE APPLICABLE REGULATIONS PRESCRIBED BY THE PRESIDENT ARE IN EXECUTIVE ORDER NO. 10152, DATED AUGUST 17, 1950, SECTION 9 (B) OF WHICH PROVIDES AS FOLLOWS:

"THE TERM "DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS, INCLUDING MEMBERS IN TRAINING FOR SUCH DUTIES, WHO, PURSUANT TO COMPETENT ORDERS AND AS A PRIMARY DUTY, DEMOLISH BY THE USE OF EXPLOSIVES UNDER-WATER OBJECTS, OBSTACLES, OR EXPLOSIVES, OR RECOVER AND RENDER HARMLESS, BY DISARMING OR DEMOLITION, EXPLOSIVES WHICH, HAVING BEEN PROJECTED, LAUNCHED,DROPPED, OR LAID IN A NORMAL MANNER, HAVE FAILED TO EXPLODE AS INTENDED.'

THE SUPPLEMENTARY REGULATIONS PRESCRIBED FOR THE CARRYING OUT OF SUCH REGULATIONS SO FAR AS MEMBERS OF THE ARMY ARE CONCERNED ARE CONTAINED IN ARMY REGULATIONS NO. 35-1260, JANUARY 22, 1951, AND JUNE 13, 1952.

SINCE IT IS ADMINISTRATIVELY REPORTED THAT YOU DID NOT MEET THE ELIGIBILITY REQUIREMENTS FOR DEMOLITION PAY, THE DISALLOWANCE OF YOUR CLAIM FOR SUCH PAY WAS PROPER.

IN THE EXAMINATION OF YOUR CASE, HOWEVER, DISCREPANCIES IN THE COMPUTATION OF YOUR "LONGEVITY" PAY HAVE BEEN NOTED. A RECOMPUTATION WILL BE MADE AND A SETTLEMENT WILL ISSUE FOR ANY ADDITIONAL AMOUNT FOUND DUE YOU.