B-158937, MAY 25, 1966

B-158937: May 25, 1966

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SUCH LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF THE SETTLEMENT ISSUED BY OUR CLAIMS DIVISION UNDER DATE OF AUGUST 21. "CERTIFICATE FOR PARACHUTE PAY FROM DATE OF ENL? " " THE PROPOSED PAYMENT WAS RED LINED AND YOU RECEIVED NO PAY OR ALLOWANCES FOR THE PERIOD JUNE 1. DURING THE PERIOD COVERED BY YOUR CLAIM PARACHUTE PAY WAS AUTHORIZED UNDER THE SECOND PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942. FOR WHOM PARACHUTE JUMPING IS AN ESSENTIAL PART OF HIS MILITARY DUTY AND WHO. HAS RECEIVED A RATING AS A PARACHUTIST OR IS UNDERGOING TRAINING FOR SUCH A RATING SHALL RECEIVE. THE FILE FORWARDED TO OUR OFFICE FROM THE DEPARTMENT OF THE ARMY INCLUDES EVIDENCE SHOWING THAT YOU DID NOT RECEIVE THE PARACHUTE PAY YOU ARE CLAIMING.

B-158937, MAY 25, 1966

TO JOHN HAZUKA:

YOUR LETTER, WITH ENCLOSURE, POSTMARKED FEBRUARY 23, 1966, CLAIMING BACK PARACHUTE PAY, HAS BEEN RECEIVED IN OUR OFFICE BY REFERENCE FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA. SUCH LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF THE SETTLEMENT ISSUED BY OUR CLAIMS DIVISION UNDER DATE OF AUGUST 21, 1950, ALLOWING YOUR CLAIM FOR ACTIVE DUTY PAY FOR THE PERIOD JUNE 1, 1946, TO OCTOBER 31, 1946, AND DISALLOWING YOUR CLAIM FOR PARACHUTE PAY.

THE RECORD SHOWS THAT THE DISBURSING OFFICER CARRYING YOUR ACCOUNTS, H.G. LEGERWOOD, FILE NUMBER H 370842, ON VOUCHER 1375 DATED NOVEMBER 1946, ORIGINALLY PROPOSED TO PAY YOU ACTIVE DUTY PAY AND FOREIGN SERVICE PAY FOR THE PERIOD JUNE 1, 1946, TO OCTOBER 31, 1946, IN THE AMOUNT OF $210.88. THAT AMOUNT DID NOT INCLUDE PARACHUTE PAY. THE FOLLOWING NOTATIONS APPEAR ON THE VOUCHER:

"DUE EM PRCHT PAY FR DATE ENLMT., ERR NOT PD ON PRIOR ROLLS. * * * EM SIGNED ROLL. NOTE UNDER SIG; "CERTIFICATE FOR PARACHUTE PAY FROM DATE OF ENL? " "

THE PROPOSED PAYMENT WAS RED LINED AND YOU RECEIVED NO PAY OR ALLOWANCES FOR THE PERIOD JUNE 1, 1946, TO OCTOBER 31, 1946, EXCEPT PARTIAL PAYMENTS RECEIVED IN JUNE AND JULY 1946, UNTIL ISSUANCE OF OUR CLAIMS DIVISION SETTLEMENT OF AUGUST 21, 1950.

DURING THE PERIOD COVERED BY YOUR CLAIM PARACHUTE PAY WAS AUTHORIZED UNDER THE SECOND PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942, CH. 413, 56 STAT. 369, AS AMENDED BY SECTION 5 OF THE ACT OF SEPTEMBER 7, 1944, CH. 407, 58 STAT. 730, WHICH PROVIDED AS FOLLOWS:

"ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD OF THE UNITED STATES, NOT IN FLYING-PAY STATUS, FOR WHOM PARACHUTE JUMPING IS AN ESSENTIAL PART OF HIS MILITARY DUTY AND WHO, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, OR THE SECRETARY OF THE TREASURY, HAS RECEIVED A RATING AS A PARACHUTIST OR IS UNDERGOING TRAINING FOR SUCH A RATING SHALL RECEIVE, WHILE ENGAGED UPON DUTY DESIGNATED BY THE HEAD OF THE DEPARTMENT CONCERNED AS PARACHUTE DUTY, ADDITIONAL PAY OF THE RATE OF $100 PER MONTH IN THE CASE OF ANY SUCH OFFICER OR WARRANT OFFICER, AND ADDITIONAL PAY AT THE RATE OF $50 PER MONTH IN THE CASE OF ANY SUCH ENLISTED MAN.'

THE FILE FORWARDED TO OUR OFFICE FROM THE DEPARTMENT OF THE ARMY INCLUDES EVIDENCE SHOWING THAT YOU DID NOT RECEIVE THE PARACHUTE PAY YOU ARE CLAIMING. HOWEVER SUCH FILE DOES NOT INCLUDE EVIDENCE ESTABLISHING YOUR ENTITLEMENT TO SUCH PAY. YOU HAVE OFFERED AS PROOF OF ENTITLEMENT THE CERTIFICATE ISSUED TO YOU AS A MEMBER OF THE 11TH AIRBORNE DIVISION, 187TH PARAGLIDER INFANTRY, SIGNED BY CAPTAIN G. O. ROMSTEDT, ADJUTANT GENERAL, BY COMMAND OF MAJOR GENERAL SWING, CERTIFYING THAT YOU HAD MET THE PRESCRIBED REQUIREMENTS AND WERE RATED AS A QUALIFIED PARACHUTIST FROM JANUARY 16, 1946.

THE LAW, AS QUOTED ABOVE, PRESCRIBES TWO REQUIREMENTS FOR QUALIFICATION FOR PARACHUTE PAY--- (1) A PARACHUTIST RATING AND (2) THE ACTUAL PERFORMANCE OF DUTY DESIGNATED AS PARACHUTE DUTY. THE CERTIFICATE FORWARDED BY YOU ESTABLISHES THAT YOU MET THE FIRST REQUIREMENT BUT YOU HAVE NOT FURNISHED ANY EVIDENCE SHOWING THAT THE DUTY YOU PERFORMED DURING THE PERIOD IN QUESTION WAS DESIGNATED BY THE SECRETARY OF WAR AS PARACHUTE DUTY. IN THE ABSENCE OF SUCH EVIDENCE THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. THEREFORE THE DISALLOWANCE OF AUGUST 21, 1950, IS SUSTAINED.

YOUR ORIGINAL PARACHUTIST RATING CERTIFICATE DATED JANUARY 16, 1946, IS RETURNED.