B-159230, JUL. 7, 1966

B-159230: Jul 7, 1966

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USA: REFERENCE IS MADE TO YOUR LETTER OF APRIL 29. ON THE BASIS THAT THERE WAS NO EVIDENCE IN THE RECORD BEFORE THIS OFFICE ESTABLISHING THAT MINIMUM FLIGHT REQUIREMENTS HAD BEEN MET BY YOU FOR ANY PORTION OF THE PERIOD OF YOUR CLAIM. THE RECORDS INDICATE THAT AFTER YOUR ENTIRE UNIT WAS TRANSFERRED IN JULY 1963 FROM EUROPE TO FT. IT IS CLEAR THAT. AIRCRAFT WERE NOT AVAILABLE FOR YOU TO PERFORM FLIGHTS TO QUALIFY FOR INCENTIVE PAY DURING SEVERAL MONTHS FOLLOWING YOUR RETURN TO THE UNITED STATES. STATED THAT AIRCRAFT WERE NOT AVAILABLE DURING THE PERIOD JULY 1. THAT SIX AIRCRAFT WERE ASSIGNED TO YOUR UNIT AND AVAILABLE FROM NOVEMBER 28. EFFORT WAS MADE BY THIS OFFICE TO PROCURE RECORDS THROUGH THE DEPARTMENT OF THE ARMY TO ESTABLISH THAT YOU ACTUALLY PERFORMED THE MINIMUM FLIGHTS REQUIRED DURING THE PERIOD IN QUESTION TO QUALIFY FOR INCENTIVE PAY.

B-159230, JUL. 7, 1966

TO SPECIALIST 5 EMORY R. STOCKHAM, USA:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 29, 1966, AND TO A LETTER DATED APRIL 6, 1966, WRITTEN IN YOUR BEHALF BY MAJOR STANLEY L. SCHARF, THE THEN EXECUTIVE OFFICER OF YOUR UNIT, THE 45TH MEDICAL COMPANY (AIR AMBULANCE), RELATIVE TO YOUR CLAIM FOR INCENTIVE FLIGHT PAY DURING THE PERIOD JULY 1, 1963, THROUGH FEBRUARY 20, 1964. YOUR CLAIM HAD BEEN DISALLOWED BY SETTLEMENT DATED JANUARY 18, 1966, ON THE BASIS THAT THERE WAS NO EVIDENCE IN THE RECORD BEFORE THIS OFFICE ESTABLISHING THAT MINIMUM FLIGHT REQUIREMENTS HAD BEEN MET BY YOU FOR ANY PORTION OF THE PERIOD OF YOUR CLAIM, OTHER THAN FOR AUGUST 1963. YOU HAD BEEN PAID INCENTIVE PAY FOR AUGUST 1963 ON VOUCHER NO. 607737, DATED FEBRUARY 6, 1964.

THE RECORDS INDICATE THAT AFTER YOUR ENTIRE UNIT WAS TRANSFERRED IN JULY 1963 FROM EUROPE TO FT. BRAGG, NORTH CAROLINA, YOUR FLYING STATUS, AS WELL AS THE FLYING STATUS OF OTHER MEMBERS OF YOUR UNIT, REMAINED BASICALLY UNCHANGED. HOWEVER, IT IS CLEAR THAT, EXCEPT FOR THE MONTH OF AUGUST 1963, AIRCRAFT WERE NOT AVAILABLE FOR YOU TO PERFORM FLIGHTS TO QUALIFY FOR INCENTIVE PAY DURING SEVERAL MONTHS FOLLOWING YOUR RETURN TO THE UNITED STATES. A CERTIFICATE ISSUED BY YOUR COMMANDING OFFICER ON MAY 13, 1964, STATED THAT AIRCRAFT WERE NOT AVAILABLE DURING THE PERIOD JULY 1, 1963, THROUGH NOVEMBER 27, 1963, AND THAT SIX AIRCRAFT WERE ASSIGNED TO YOUR UNIT AND AVAILABLE FROM NOVEMBER 28, 1963, TO DECEMBER 31, 1963.

UPON RECEIPT OF YOUR LETTER OF APRIL 29, 1966, EFFORT WAS MADE BY THIS OFFICE TO PROCURE RECORDS THROUGH THE DEPARTMENT OF THE ARMY TO ESTABLISH THAT YOU ACTUALLY PERFORMED THE MINIMUM FLIGHTS REQUIRED DURING THE PERIOD IN QUESTION TO QUALIFY FOR INCENTIVE PAY. THAT EFFORT, HOWEVER, WAS UNSUCCESSFUL AND CONSEQUENTLY WE HAVE BEEN UNABLE TO CONFIRM THAT YOU MET THE NECESSARY FLIGHT REQUIREMENTS. IN THIS REGARD, THE LETTER DATED APRIL 6, 1966, MENTIONED ABOVE, FROM MAJOR SCHARF, IN WHICH HE INDICATES THAT IF YOU DID NOT RECEIVE INCENTIVE FLIGHT PAY AT THE TIME, YOU SHOULD BE PAID SUCH PAY, IS NOT IN ITSELF SUFFICIENT TO ESTABLISH THAT THE REQUISITE FLYING TIME WAS ACTUALLY PERFORMED BY YOU. A CLAIM SUCH AS YOURS SHOULD BE SUPPORTED WITH A CERTIFICATE BY AN AUTHORIZED OFFICER AS TO THE FLIGHTS ACTUALLY PERFORMED DURING THE PERIOD CLAIMED, INCLUDING INFORMATION AS TO THE NUMBER, DURATION AND DATES OF SUCH FLIGHTS. SUCH SPECIFIC EVIDENCE IS NECESSARY SO THAT A PROPER DETERMINATION CAN BE MADE AS TO WHETHER THERE HAS BEEN COMPLIANCE WITH THE LAWS AND REGULATIONS GOVERNING INCENTIVE FLIGHT PAY. ACCORDINGLY, ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

IF YOU ARE ABLE TO PROCURE AND FURNISH THIS OFFICE WITH A CERTIFICATE AS INDICATED ABOVE AS TO THE FLIGHTS PERFORMED BY YOU DURING THE PERIOD IN QUESTION THE MATTER WILL BE GIVEN FURTHER CONSIDERATION.