B-135392, JUL. 22, 1958

B-135392: Jul 22, 1958

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342 64 09: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 13. THE RECORD SHOWS THAT WHILE YOU WERE A MEMBER OF COMPOSITE SQUADRON SEVEN STATIONED AT THE U.S. CHECK AGE IN THE AMOUNT OF $160 WAS ACCOMPLISHED ON YOUR MILITARY PAY RECORD FOR THE PERIOD JANUARY 1 TO JUNE 30. YOUR CLAIM WAS DISALLOWED BECAUSE FLIGHT CERTIFICATES. WERE NOT FURNISHED. WERE TURNED OVER TO THE SQUADRON FLIGHT OFFICER WHO THEN SIGNED THE FLIGHT CERTIFICATES ON THE BASIS OF SUCH INFORMATION AND THAT SUCH CERTIFICATES WERE SENT DIRECTLY TO THE NAVAL AIR STATION DISBURSING OFFICER WHO CREDITED THE PAY RECORD AND MADE PAYMENT. YOU STATE THAT IT IS IMPOSSIBLE FOR YOU TO PRODUCE EITHER THE FLIGHT CHITS OR FLIGHT CERTIFICATES.

B-135392, JUL. 22, 1958

TO RALPH S. PHILPOT, ADC, 342 64 09:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 13, 1958, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF FEBRUARY 7, 1958, WHICH DISALLOWED YOUR CLAIM FOR AVIATION PAY IN THE AMOUNT OF $160.

THE RECORD SHOWS THAT WHILE YOU WERE A MEMBER OF COMPOSITE SQUADRON SEVEN STATIONED AT THE U.S. NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, YOU RECEIVED AVIATION PAY FOR THE PERIODS JULY 1 TO 14, 1954, AUGUST 1 TO 15, 1954, SEPTEMBER 1 TO 11, 1954, OCTOBER 19 TO 30, 1954, AND NOVEMBER 1 TO 12, 1954. PURSUANT TO A REQUEST FOR CHECK AGE DATED NOVEMBER 22, 1955, CHECK AGE IN THE AMOUNT OF $160 WAS ACCOMPLISHED ON YOUR MILITARY PAY RECORD FOR THE PERIOD JANUARY 1 TO JUNE 30, 1957. YOUR CLAIM WAS DISALLOWED BECAUSE FLIGHT CERTIFICATES, NECESSARY TO SUPPORT AVIATION PAY, WERE NOT FURNISHED.

IN YOUR LETTER OF FEBRUARY 13, YOU STATE THAT "FLIGHT TIME CHITS," SIGNED BY THE PILOT OF THE AIRCRAFT INVOLVED, WERE TURNED OVER TO THE SQUADRON FLIGHT OFFICER WHO THEN SIGNED THE FLIGHT CERTIFICATES ON THE BASIS OF SUCH INFORMATION AND THAT SUCH CERTIFICATES WERE SENT DIRECTLY TO THE NAVAL AIR STATION DISBURSING OFFICER WHO CREDITED THE PAY RECORD AND MADE PAYMENT. IN SUCH CIRCUMSTANCES, YOU STATE THAT IT IS IMPOSSIBLE FOR YOU TO PRODUCE EITHER THE FLIGHT CHITS OR FLIGHT CERTIFICATES. HOWEVER, YOU INSIST THAT YOU ACTUALLY PERFORMED THE FLIGHTS IN QUESTION.

IN REPLY TO OUR INQUIRY AS TO THIS MATTER, THE ASSISTANT DIRECTOR, MILITARY PAY DIVISION, OFFICE OF THE COMPTROLLER, DEPARTMENT OF THE NAVY, ADVISED US UNDER DATE OF JUNE 18, 1958, THAT WHILE FLIGHT ORDERS AND FLIGHT CERTIFICATES WERE ISSUED TO SUPPORT THE ORIGINAL CREDIT OF AVIATION PAY, SUBSEQUENT EXAMINATION REVEALED NO ACTUAL RECORD OF ANY FLIGHTS PERFORMED DURING THE PERIOD INVOLVED. THAT OFFICIAL REPORTED FURTHER THAT WHILE YOU PERFORMED FLIGHTS TOTALING 1.8 HOURS ON AUGUST 20, 1954, YOU WERE NOT IN RECEIPT OF FLIGHT ORDERS AND DID NOT MEET FLIGHT REQUIREMENTS ON THAT DATE. IT IS ASSUMED FROM SUCH INFORMATION THAT THE DEPARTMENT OF THE NAVY MAINTAINS RECORDS OF FLIGHTS PERFORMED, WHICH ARE IN ADDITION TO THE FLIGHT CERTIFICATES THAT ARE ISSUED IN SUCH CASES. THERE IS NO RECORD OF THE FLIGHTS IN QUESTION.

WE DO NOT HAVE CUSTODY OF THE FLIGHT RECORDS OF NAVAL PERSONNEL. HENCE, WE MUST RELY FOR INFORMATION UPON REPORTS FROM THE DEPARTMENT OF THE NAVY. SINCE THAT DEPARTMENT HAS REPORTED THAT THERE IS NO EVIDENCE ESTABLISHING THAT YOU MET FLIGHT REQUIREMENTS FOR THE PERIODS IN QUESTION, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

IF YOU ARE ABLE TO OBTAIN AND FORWARD TO US SUBSTANTIATING EVIDENCE FROM THE NAVY, OR AFFIDAVITS OF OTHER INDIVIDUALS THAT THEY PERFORMED THE FLIGHTS IN QUESTION AND THAT YOU WERE A MEMBER OF THE CREW ON THOSE FLIGHTS, YOUR CASE WILL BE GIVEN FURTHER CONSIDERATION. IF NOT, THE MATTER OF TAX REFUND FOR POSSIBLE OVERPAYMENT OF INCOME TAX FOR THE YEAR 1954, MAY BE SUBMITTED TO THE U.S. BUREAU OF INTERNAL REVENUE, WASHINGTON 25, D.C. ..END :