B-134494, APR. 11, 1958

B-134494, APR. 11, 1958

TO MR. SIDNEY J. WEINTRAUB:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13, 1957, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 14, 1957, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE YOU AS OF OCTOBER 2, 1945, THE DATE OF YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES. ALSO THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 26, 1958, RELATIVE TO YOUR CLAIM.

YOU SAY THAT YOU DID NOT RECEIVE YOUR REGULAR PAY FOR THE MONTH OF SEPTEMBER 1945 AND THAT YOU DID NOT RECEIVE THE FLYING PAY TO WHICH YOU WERE ENTITLED FOR THAT MONTH. IN THIS CONNECTION, YOU SAY THAT DURING SUCH PERIOD YOU WERE FLYING FROM FRANCE TO NEW YORK; THAT EVEN UP TO THE DATE OF YOUR DISCHARGE YOU FLEW BACK FROM FRANCE TO THE UNITED STATES; AND THAT YOU WERE FLYING UP UNTIL THE TIME YOU ARRIVED AT FORT DIX FOR DISCHARGE. YOU ALSO SAY THAT YOU DID NOT RECEIVE ANY PER DIEM ALLOWANCE DURING THE LAST TWO OR THREE MONTHS OF YOUR SERVICE AND THAT AT THE TIME OF YOUR DISCHARGE YOU RECEIVED ONLY MUSTERING-OUT PAY AND TRAVEL PAY.

AFTER THE RECEIPT OF YOUR LETTER YOUR CASE WAS FURTHER DEVELOPED. OBTAINED THE VOUCHERS COVERING YOUR PAY FOR THE PERIOD FROM AUGUST 1 TO OCTOBER 2, 1945, AND A TRANSCRIPT OF YOUR PAY ACCOUNT FROM NOVEMBER 12, 1942, DATE OF ENTRY ON ACTIVE DUTY, THROUGH OCTOBER 2, 1945, THE DATE OF YOUR DISCHARGE. ALSO, WE WROTE TO THE ADJUTANT GENERAL OF THE ARMY, WHO IS THE OFFICIAL CUSTODIAN OF THE RECORDS OF ARMY PERSONNEL, AND REQUESTED THAT WE BE FURNISHED ANY ADDITIONAL INFORMATION AVAILABLE CONCERNING THE VARIOUS ITEMS INCLUDED IN YOUR CLAIM. IN OUR LETTER WE RELATED YOUR STATEMENTS REGARDING YOUR ENTITLEMENT TO FLYING PAY FOR THE MONTH OF SEPTEMBER 1945 AND ASKED, IF YOU WERE IN RECEIPT OF FLIGHT ORDERS FOR ANY PART OF THAT MONTH, THAT WE BE FURNISHED A REPORT AS TO WHAT FLIGHTS, IF ANY, INCLUDING THE NUMBER AND DURATION THEREOF, WERE PERFORMED BY YOU UNDER SUCH ORDERS DURING THAT PERIOD. WE ALSO ASKED WHETHER YOUR ASSIGNMENTS AT FORT TOTTEN AND FORT DIX INVOLVED FLYING.

IN THE REPORT WHICH WE RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL OF THE ARMY IT IS STATED THAT YOU QUALIFIED FOR FLYING DUTY ON JUNE 28, 1944, AND WERE AUTHORIZED FLYING PAY PER SQUADRON ORDERS NO. 17, HEADQUARTERS, MEDICAL AIR EVACUATION SQUADRON, DATED AUGUST 24, 1944; THAT EFFORTS TO OBTAIN A COPY OF THOSE ORDERS HAVE BEEN UNSUCCESSFUL; AND THAT NO RECORD HAS BEEN FOUND TO INDICATE TERMINATION OF FLYING DUTY IN YOUR CASE. SINCE THE REPORT INCLUDED NO OTHER INFORMATION RELATIVE TO YOUR ENTITLEMENT TO FLYING PAY FOR THE MONTH OF SEPTEMBER 1945, IT IS CONCLUDED THAT NO RECORDS WERE FOUND WHICH CONTAINED THE INFORMATION REQUESTED BY US.

ADDITIONAL PAY FOR FLYING DUTY DURING THE PERIOD INVOLVED WAS PROVIDED BY SECTION 18 OF THE ACT OF JUNE 16, 1942, 56 STAT. 368, WHICH PRESCRIBED TWO REQUIREMENTS BOTH OF WHICH WERE ESSENTIAL TO THE RIGHT TO SUCH ADDITIONAL PAY: (1) ORDERS OF COMPETENT AUTHORITY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS; AND (2) SUFFICIENT PARTICIPATION, AS PRESCRIBED BY THE PRESIDENT, IN SUCH FLIGHTS IN CONSEQUENCE OF SUCH ORDERS. THE RECORDS SHOW THAT YOU WERE PAID FLYING PAY FOR THE PERIOD FROM JULY 1, 1944, THROUGH AUGUST 31, 1945. THERE IS ATTACHED TO VOUCHER NO. 624, SEPTEMBER 1945 ACCOUNTS OF T. M. SORENSEN, WHICH COVERS YOUR PAY FOR AUGUST 1945, A CERTIFICATE AS FOLLOWS:

"I HEREBY CERTIFY THAT I HAVE EXAMINED THE CLAIM OF EACH ENL PERSON CLAIMING AVIATION PAY ON THIS PAYROLL; THAT, DURING THE PERIOD FOR WHICH AVIATION PAY IS CLAIMED, EACH WAS, BY ORDERS OF COMPETENT AUTH, REQUIRED TO PARTICIPATE REGULARLY AND FREQUENT IN AERIAL FLTS; AND, IN CONSEQUENCE OF SUCH ORDERS, EACH DID PARTICIPATE IN REGULAR AND FREQUENT FLTS WHILE ON DUTY STATUS, SUFFICIENT TO MEET THE REQUIREMENTS OF EX ORDER NO. 9195, 7 JUL 42 (AR 35-1480).'

SINCE WE WERE NOT ABLE TO OBTAIN FROM THE OFFICE OF THE ADJUTANT GENERAL ANY RECORDS TO SUBSTANTIATE THE CREDIT OF FLYING PAY FOR THE PERIOD FROM SEPTEMBER 1 TO OCTOBER 2, 1945, THE DATE OF YOUR DISCHARGE, ON THE PRESENT RECORD NO PAYMENT MAY BE MADE ON THAT ACCOUNT. IF YOU ARE ABLE TO FURNISH ANY OFFICIAL RECORD SUBSTANTIATING YOUR CLAIM FOR SUCH PAY, HOWEVER, IT WILL BE CONSIDERED FURTHER ON ITS MERITS.

A STATEMENT OF YOUR PAY ACCOUNT FOR THE PERIOD FROM SEPTEMBER 1 TO OCTOBER 2, 1945, BASED ON THE INFORMATION SHOWN ON VOUCHER NO. 530, OCTOBER 1945 ACCOUNTS OF J. HARRIS, IS AS FOLLOWS:

CHART

CREDITS BASE AND FOREIGN SERVICE PAY AS A TECHNICIAN, THIRD GRADE, WITH UNDER 3 YEARS OF SERVICE, SEPTEMBER 1 TO 25, 1945, AT $115.20 A MONTH $96.00 BASE PAY AS A TECHNICIAN, THIRD GRADE, WITH UNDER 3 YEARS OF SERVICE, SEPTEMBER 26 TO OCTOBER 2, 1945, AT $96 A MONTH 22.40 $118.40

CHARGES CLASS N ALLOTMENT FOR SEPTEMBER 1945

7.00 CLASS E ALLOTMENT FOR SEPTEMBER 1945 20.00 FAMILY ALLOWANCE DEDUCTIONS FOR SEPTEMBER AND OCTOBER 1945 44.00 71.00

------------- ---------- BALANCE DUE YOU

$47.40

YOU WERE PAID, ON VOUCHER NO. 530, A TOTAL OF $168.25--- $118.25 BY CHECK AND $50 IN CASH. THE AMOUNT SO PAID INCLUDED THE BALANCE OF $47.40 SHOWN ABOVE, TRAVEL PAY IN THE AMOUNT OF $2085 AND $1100 AS THE FIRST INSTALLMENT OF MUSTERING-OUT PAY.

YOU WERE PAID A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS AT THE RATE OF $1.25 A DAY FROM OCTOBER 15, 1943, TO MAY 31, 1944. SINCE THE RECORDS SHOW THAT FROM DECEMBER 15, 1943, TO MAY 31, 1944, YOU WERE STATIONED IN GREAT BRITAIN WHERE THE APPLICABLE RATE WAS $2 A DAY, THERE RESULTED AN UNDERPAYMENT OF $126.75 (169 DAYS AT $0.75 A DAY). YOU WERE NOT ENTITLED TO AND WERE NOT PAID A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS FOR ANY PERIOD AFTER MAY 31, 1944, IT APPEARING THAT, BEGINNING WITH THE MONTH OF JUNE 1944, YOU ELECTED, UNDER THE PROVISIONS OF SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED BY SECTION 8 OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 579, NOT TO RECEIVE SUCH MONETARY ALLOWANCE AND TO HAVE YOUR DEPENDENTS BECOME ENTITLED TO RECEIVE FAMILY ALLOWANCE.

IT APPEARS THAT YOU SHOULD HAVE BEEN, BUT WERE NOT, PAID FURLOUGH RATIONS FOR THE PERIOD FROM FEBRUARY 17 TO 27, 1943, IN THE AMOUNT OF $6.16 (11 DAYS AT $0.56 A DAY) AND FOR THE PERIOD FROM AUGUST 29 TO SEPTEMBER 7, 1943, IN THE AMOUNT OF $6.10 (10 DAYS AT $0.61 A DAY), RESULTING IN AN UNDERPAYMENT OF $12.26. IT ALSO APPEARS, HOWEVER, THAT YOU WERE PAID FURLOUGH RATIONS FOR THE PERIOD FROM JUNE 1 TO 9, 1945, IN THE AMOUNT OF $5.85 (9 DAYS AT $0.65 A DAY) ON VOUCHER NO. 142, JULY 1945 ACCOUNTS OF E. HALL, JR., AND AGAIN ON VOUCHER NO. 443, AUGUST 1945 ACCOUNTS OF T. M. SORENSEN, RESULTING IN AN OVERPAYMENT OF $5.85. THUS, THERE RESULTED A NET UNDERPAYMENT OF $6.41 FOR FURLOUGH RATIONS.

A SETTLEMENT FOR $133.16 ($126.75 PLUS $6.41) WILL ISSUE IN YOUR FAVOR IN DUE COURSE.