B-147919, FEB. 7, 1962

B-147919: Feb 7, 1962

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DELQUIADO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 25. YOUR CLAIM WAS DISALLOWED BECAUSE THE LAW WHICH AUTHORIZED ADDITIONAL COMPENSATION FOR INDIVIDUALS ENTITLED TO WEAR THE COMBAT INFANTRYMAN BADGE HAD BEEN REPEALED PRIOR TO FEBRUARY 17. THE DATE YOU SAY YOU WERE AWARDED THE BADGE. WERE CONTAINED IN ARMY REGULATIONS 35-1510 DATED OCTOBER 10. UNLESS AN EARLIER SPECIFIC EFFECTIVE DATE WAS STATED IN THE ORDER. WAS TREATED. THE ACT WAS EXPRESSLY REPEALED EFFECTIVE OCTOBER 1. PRIOR TO THE TIME YOU WERE AWARDED THE BADGE. IT WAS TOO LATE TO GRANT ANY PAY BENEFITS AND THERE WAS NO LONGER ANY AUTHORITY TO FIX AN EFFECTIVE DATE FOR PAY PURPOSES. IT DID NOT MAKE ANY PROVISION FOR ADDITIONAL PAY TO ENLISTED MEN WHO WERE AWARDED THE COMBAT INFANTRYMAN BADGE AFTER ENACTMENT OF THE 1949 ACT.

B-147919, FEB. 7, 1962

TO MR. TIMOTEO B. DELQUIADO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 25, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED NOVEMBER 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR COMBAT INFANTRYMAN BADGE PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY DURING THE PERIOD JANUARY 1, 1944, TO JULY 1946.

YOUR CLAIM WAS DISALLOWED BECAUSE THE LAW WHICH AUTHORIZED ADDITIONAL COMPENSATION FOR INDIVIDUALS ENTITLED TO WEAR THE COMBAT INFANTRYMAN BADGE HAD BEEN REPEALED PRIOR TO FEBRUARY 17, 1961, THE DATE YOU SAY YOU WERE AWARDED THE BADGE. YOU NOW CLAIM PAY FOR SUCH AWARD ON THE BASIS OF THE CAREER COMPENSATION ACT OF 1949, APPROVED OCTOBER 12, 1949, 63 STAT. 802, AS AMENDED, WHICH REPEALED THE ACT OF JUNE 30, 1944, 58 STAT. 648, AUTHORIZING ADDITIONAL PAY TO ENLISTED MEN ENTITLED TO WEAR THE COMBAT INFANTRYMAN BADGE. THE REGULATIONS ISSUED BY THE SECRETARY OF WAR UNDER THE ACT OF JUNE 30, 1944, WERE CONTAINED IN ARMY REGULATIONS 35-1510 DATED OCTOBER 10, 1946, EFFECTIVE JANUARY 1, 1947, AND PARAGRAPH 3 OF THE REGULATIONS PROVIDED THAT THE EFFECTIVE DATE OF ADDITIONAL INFANTRYMAN BADGE PAY WOULD BE THE DATE OF THE ORDER ANNOUNCING THE BADGE AWARD, UNLESS AN EARLIER SPECIFIC EFFECTIVE DATE WAS STATED IN THE ORDER.

THE ACT OF JUNE 30, 1944, WAS TREATED, UNDER THOSE REGULATIONS, AS PERMITTING THE EXERCISE OF A DISCRETIONARY AUTHORITY TO STATE A RETROACTIVE EFFECTIVE DATE FOR PAY PURPOSES. HOWEVER, THE ACT WAS EXPRESSLY REPEALED EFFECTIVE OCTOBER 1, 1949, BY SECTION 531 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 838, 839, PRIOR TO THE TIME YOU WERE AWARDED THE BADGE. AFTER THE REPEAL OF THE ACT OF JUNE 30, 1944, IT WAS TOO LATE TO GRANT ANY PAY BENEFITS AND THERE WAS NO LONGER ANY AUTHORITY TO FIX AN EFFECTIVE DATE FOR PAY PURPOSES. HENCE, YOUR ORDERS OF FEBRUARY 17, 1961, COULD CONFER NO RIGHT TO PAY UNDER THE REPEALED STATUTE AND LEGALLY MAY NOT BE GIVEN ANY EFFECT FOR PAY PURPOSES.

WHILE THE CAREER COMPENSATION ACT OF 1949 REPEALED THE ACT OF JUNE 30, 1944, IT DID NOT MAKE ANY PROVISION FOR ADDITIONAL PAY TO ENLISTED MEN WHO WERE AWARDED THE COMBAT INFANTRYMAN BADGE AFTER ENACTMENT OF THE 1949 ACT. THEREFORE, THE CAREER COMPENSATION ACT OF 1949 AFFORDS NO BASIS TO ALLOW SUCH PAY PURSUANT TO THE AWARD OF THE BADGE TO YOU FEBRUARY 17, 1961. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.