B-153206, MARCH 23, 1964, 43 COMP. GEN. 619

B-153206, MARCH 23, 1964, 43 COMP. GEN. 619

PAY - AVIATION - PARACHUTE DUTY REQUIREMENT A MEMBER OF A FEDERAL RECOGNIZED NATIONAL GUARD, A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES, A QUALIFIED PARACHUTIST IN A JUMP STATUS WHO WHILE ON ACTIVE DUTY FOR TRAINING PERFORMED A JUMP TO COMPLETE THE MINIMUM REQUIREMENT OF 4 JUMPS DURING A 12 CONSECUTIVE CALENDAR MONTH PERIOD DOES NOT QUALIFY FOR PARACHUTE PAY, AR 37-104 PROVIDING THAT JUMPS MUST BE PERFORMED WHILE THE MEMBER IS ON PARACHUTE DUTY; THEREFORE, THE JUMP PERFORMED DURING A PERIOD OF TRAINING MAY NOT SERVE AS A BASIS FOR PAYING PARACHUTE PAY TO THE NATIONAL GUARD MEMBER, AND THE REGULATION NOT SO PROVIDING, THE MEMBER ALSO IS NOT ENTITLED TO HAVE A JUMP USED TO QUALIFY HIM FOR INACTIVE DUTY PARACHUTE PAY USED TO QUALIFY HIM FOR ACTIVE DUTY FOR TRAINING PARACHUTE PAY.

TO LIEUTENANT COLONEL M. E. NEWSOM, JR., DEPARTMENT OF THE ARMY, MARCH 23, 1964:

BY FIFTH INDORSEMENT, DATED JANUARY 6, 1964, THE OFFICE, CHIEF OF FINANCE, FORWARDED FOR AN ADVANCE DECISION YOUR SECOND INDORSEMENT DATED OCTOBER 2, 1963, AND ENCLOSURES, EXPRESSING DOUBT AS TO THE PROPRIETY OF PAYMENT OF PARACHUTE PAY TO STAFF SERGEANT HENRY J. COOK, III, NG 25 590 733, COMPANY D, 20TH SPECIAL FORCES GROUP (AIRBORNE), 1ST SPECIAL FORCE, NEW ORLEANS, LOUISIANA NATIONAL GUARD, FOR THE PERIOD MARCH 27 TO JUNE 7, 1963, WHILE ATTACHED TO THE UNITED STATES ARMY INTELLIGENCE SCHOOL, FORT HOLABIRD, MARYLAND. THE REQUEST WAS FORWARDED UNDER CONTROL NUMBER DO-A- 737, ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

AFTER REFERRING TO AND COMMENTING ON CERTAIN PARAGRAPHS OF CHAPTERS 2 AND 20 OF AR 37-104 YOU ASKED DECISION ON THE FOLLOWING QUESTIONS:

A. DO ORDERS ASSIGNING A MEMBER TO PARACHUTE DUTY FOR INACTIVE DUTY FOR TRAINING REMAIN IN EFFECT WHEN MEMBER IS ORDERED TO ACTIVE DUTY FOR TRAINING IN A NON-PARACHUTE TYPE FIELD?

B. DO PARACHUTE JUMPS MADE IN AN INACTIVE DUTY FOR TRAINING STATUS QUALIFY A RESERVIST ON ACTIVE DUTY FOR TRAINING FOR INCENTIVE PAY?

THE QUESTIONS ARE PROMPTED BY THE FOLLOWING FACTS PERTAINING TO SERGEANT COOK. BY PARAGRAPH 3 OF SPECIAL ORDERS NO. 34, ISSUED FEBRUARY 25, 1963, BY THE ADJUTANT GENERAL, STATE OF LOUISIANA, COOK WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR THE PERIOD MARCH 27 TO JUNE 9, 1963, AND ATTACHED TO THE UNITED STATES ARMY INTELLIGENCE SCHOOL, FORT HOLABIRD, MARYLAND, FOR THE PURPOSE OF ATTENDING A MILITARY INTELLIGENCE ANALYST COURSE. THE ORDERS FURTHER RECITED THAT COOK IS A QUALIFIED PARACHUTIST AND WAS ON JUMP STATUS AT THE TIME OF HIS ATTACHMENT TO THE SCHOOL. YOU SAY THAT THE DUTY PERFORMED AT FORT HOLABIRD WAS NOT PARACHUTE DUTY. HOWEVER, WHILE ON THIS ACTIVE DUTY FOR TRAINING, COOK PERFORMED A JUMP ON APRIL 25, 1963.

UPON CONSIDERATION OF THE SUPPLEMENTAL PAYROLL FOR PARACHUTE PAY SUBMITTED FOR PAYMENT BY THE LOUISIANA NATIONAL GUARD, THE INSPECTOR GENERAL AT FORT HOLABIRD DISAPPROVED PAYMENT ON THE BASIS THAT THE JUMP PERFORMED ON APRIL 25, 1963, WHILE NOT ON PARACHUTE DUTY, DID NOT ENTITLE COOK TO PARACHUTE PAY FOR THE PERIOD OF HIS ACTIVE DUTY FOR TRAINING. THE VOUCHER WAS THEREFORE RETURNED WITHOUT APPROVAL ON SEPTEMBER 11, 1963. FIRST INDORSEMENT DATED SEPTEMBER 20, 1963, COOK'S COMMANDING OFFICER AGAIN SUBMITTED THE VOUCHER FOR COMPLETION. FROM THE REFERENCES MADE IN HIS INDORSEMENT AND ON THE DD FORM 122, CERTIFICATE FOR PERFORMANCE OF HAZARDOUS DUTY, ATTACHED THERETO, IT IS INDICATED THAT COOK IS A QUALIFIED PARACHUTIST ASSIGNED OR ATTACHED TO A TOE PARACHUTE OR AIRBORNE UNIT, THAT ON ACCOUNT OF THE ABSENCE OF JUMP EQUIPMENT AND AIRCRAFT OR BECAUSE OF MILITARY OPERATIONS OF THE PARTICULAR COMMAND HIS COMMANDING OFFICER HAS PERMITTED HIM TO COMPLY WITH THE MINIMUM REQUIREMENTS BY PERFORMING FOUR JUMPS AT ANY TIME DURING A PERIOD OF 12 CONSECUTIVE CALENDAR MONTHS, AND THAT DURING THE PERIOD FROM JULY 1, 1962, TO JUNE 30, 1963, HE PERFORMED FOUR JUMPS INCLUDING THE ONE ON APRIL 25, 1963, REFERENCE BEING MADE TO PARAGRAPH 2-13, AR 37-104.

IT IS CERTIFIED ON NGB FORM 67 THAT COOK'S UNIT WAS ACCORDED FEDERAL RECOGNITION AS ARMY NATIONAL GUARD OF THE UNITED STATES ON MAY 1, 1961. THE ARMY NATIONAL GUARD OF THE UNITED STATES IS A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES. 10 U.S.C. 261. ACCORDINGLY, THE PROVISIONS OF CHAPTER 20, AR 37-104, ARE ALSO APPLICABLE IN COOK'S CASE. PARAGRAPH 20- 47C PROVIDES IN PART AS FOLLOWS:

(3) REQUIREMENTS NOT MET DUE TO MILITARY NECESSITY.

(A) IT IS RECOGNIZED THAT AT TIMES A RESERVIST MAY BE UNABLE TO MAKE THE JUMPS REQUIRED IN (1) ABOVE BECAUSE OF THE ABSENCE OF JUMP EQUIPMENT OR AIRCRAFT OR BECAUSE OF MILITARY OPERATIONS OF THE COMMAND CONCERNED. THE SECRETARY OF THE ARMY HAS CONFERRED UPON AREA COMMANDERS AUTHORITY TO WAIVE USUAL JUMP REQUIREMENTS UNDER SUCH CIRCUMSTANCES.

(B) WHEN USUAL JUMP REQUIREMENTS ARE SO WAIVED THE RESERVIST MAY COMPLY WITH MINIMUM REQUIREMENTS BY PERFORMING FOUR JUMPS DURING A PERIOD OF 12 CONSECUTIVE CALENDAR MONTHS. REQUIREMENTS MAY BE MET AT ANY TIME DURING THIS 12-MONTH PERIOD.

(C) IN ORDER FOR A RESERVIST TO QUALIFY FOR INCENTIVE PAY FOR PARACHUTE DUTY UNDER THIS SUBPARAGRAPH, THE WAIVER SPECIFIED IN (A) MUST BE IN WRITING AND SIGNED BY THE APPROPRIATE COMMANDER. ALSO, THE ABSENCE OF JUMP EQUIPMENT OR AIRCRAFT OR THE MILITARY OPERATIONS OF THE COMMAND CONCERNED MUST CONSTITUTE THE ONLY REASON FOR THE RESERVIST NOT MEETING THE USUAL REQUIREMENTS. SEE SECTION 8 (C), EXECUTIVE ORDER 10152, 17 AUGUST 1950.

(4) JUMPS PERFORMED IN DIFFERENT STATUS. PARACHUTE JUMPS PERFORMED WHILE IN AN ACTIVE DUTY FOR TRAINING STATUS, IF PERFORMED IN ACCORDANCE WITH THESE REGULATIONS, ENTITLE RESERVISTS TO RECEIVE INCENTIVE PAY WHILE IN BOTH AN ACTIVE DUTY TRAINING AND AN INACTIVE DUTY TRAINING STATUS. PARACHUTE JUMPS PERFORMED WHILE ON EXTENDED ACTIVE DUTY WILL NOT BE CONSIDERED AS QUALIFYING A RESERVIST FOR INCENTIVE PAY FOR PARACHUTE DUTY WHILE IN AN INACTIVE DUTY TRAINING STATUS. SEE CHAPTER 2 WITH REFERENCE TO PARACHUTE DUTY. SEE SECTION 8 (D), EXECUTIVE ORDER 10152, 17 AUGUST 1950.

PARAGRAPH 2-10, A PART OF CHAPTER 2 OF THE CITED REGULATIONS PROVIDES:

JUMPS NOT CONSIDERED AS PARACHUTE DUTY.

PARACHUTE JUMPS MUST BE PERFORMED WHILE THE MEMBER IS ON PARACHUTE DUTY. PARACHUTE JUMPS PERFORMED WHILE A MEMBER IS ON LEAVE, PERMANENT CHANGE OF STATION, OR TEMPORARY DUTY WITH A UNIT OTHER THAN THOSE LISTED IN 2-2B ABOVE MAY NOT BE CONSIDERED AS QUALIFYING JUMPS IN DETERMINING A MEMBER'S ENTITLEMENT TO PARACHUTE PAY (SEE MS. COMP. GEN. B-112720, 3 FEB. 1953). PERFORMANCE OF PARACHUTE JUMPS FOR PROFICIENCY PURPOSES IS NOT CONSIDERED PARACHUTE DUTY IN DETERMINING ENTITLEMENT TO PARACHUTE PAY.

WHILE A QUALIFIED MEMBER OF THE ARMY NATIONAL GUARD FOR WHOM THE USUAL JUMP REQUIREMENTS HAVE BEEN PROPERLY WAIVED MAY PERFORM THE REQUIRED FOUR JUMPS "AT ANY TIME" DURING A 12-MONTH PERIOD, THE REGULATIONS SO PROVIDING MUST BE CONSTRUED IN CONNECTION WITH THE REQUIREMENTS OF PARAGRAPH 2-10 THAT THE JUMPS "MUST BE PERFORMED WHILE THE MEMBER IS ON PARACHUTE DUTY.' SINCE COOK WAS NOT ON PARACHUTE DUTY AT FORT HOLABIRD WHEN HE PERFORMED THE JUMP ON APRIL 25, 1963, THAT JUMP MAY NOT SERVE AS A BASIS FOR PAYING HIM PARACHUTE PAY. YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY AS IT RELATES TO THE CLAIM OF SERGEANT COOK.

CONCERNING YOUR SECOND QUESTION, IT IS OUR VIEW THAT A JUMP USED TO QUALIFY FOR INACTIVE DUTY PARACHUTE PAY MAY NOT BE USED TO QUALIFY FOR ACTIVE DUTY FOR TRAINING PARACHUTE PAY. CF. 37 COMP. GEN. 121. WHILE PARAGRAPH 20-47C (4), AR 37-104, PROVIDES THAT PARACHUTE JUMPS PERFORMED WHILE IN AN ACTIVE DUTY FOR TRAINING STATUS ENTITLE RESERVISTS TO RECEIVE PARACHUTE PAY WHILE IN BOTH AN ACTIVE DUTY TRAINING AND AN INACTIVE DUTY TRAINING STATUS, NO SIMILAR PROVISION IS MADE WITH RESPECT TO JUMPS PERFORMED IN AN INACTIVE DUTY TRAINING STATUS. THE VOUCHER, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH FOR ADJUSTMENT TO COMPLY WITH THIS DECISION.