B-40653, APR 18, 1944

B-40653: Apr 18, 1944

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REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23. DURING THE PERIOD INVOLVED YOU WERE SERVING AS AN ENLISTED MAN AND IN THE SAID SETTLEMENT OF DECEMBER 1. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT APPEARED THAT THE OFFICER WHO ISSUED THE ORDERS ASSIGNING YOU TO FLYING DUTY (PARAGRAPH 34. 1942) WAS NOT YOUR COMMANDING OFFICER AT THAT TIME AND THAT. SUCH ORDERS WERE NOT COMPETENT TO QUALIFY YOU FOR FLYING PAY. YOU NOW SUBMIT EVIDENCE TENDING TO SHOW THAT SUCH ORDERS WERE IN FACT ISSUED BY YOUR COMMANDING OFFICER ALTHOUGH THE EXTRACT COPY OF SPECIAL ORDERS 134 DATED HEADQUARTERS CAFS. SUGGESTS THAT YOU WERE NOT. WHICH IT WILL BE NOTED WAS AT LEAST FIVE DAYS SUBSEQUENT TO THE ORDERS PURPORTEDLY ISSUED ON MAY 1.

B-40653, APR 18, 1944

PRECIS-UNAVAILABLE

MAJOR R. E. WOODRUFF, AC, AUS:

HEADQUARTERS SEVENTH AIR FORCES,

OFFICE OF THE FIELD INSPECTOR,

A.P.O. NO. 953,

C/O POSTMASTER, SAN FRANCISCO, CALIFORNIA.

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 23, 1943, REQUESTING REVIEW OF SETTLEMENT OF THIS OFFICE DATED DECEMBER 1, 1943, DISALLOWING YOUR CLAIM FOR FLYING PAY FOR THE MONTH OF MAY, 1942.

DURING THE PERIOD INVOLVED YOU WERE SERVING AS AN ENLISTED MAN AND IN THE SAID SETTLEMENT OF DECEMBER 1, 1943, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT APPEARED THAT THE OFFICER WHO ISSUED THE ORDERS ASSIGNING YOU TO FLYING DUTY (PARAGRAPH 34, SPECIAL ORDERS NO. 116, HEADQUARTERS ARMY AIR BASE, BOLLING FIELD, D.C., DATED MAY 1, 1942) WAS NOT YOUR COMMANDING OFFICER AT THAT TIME AND THAT, THEREFORE, SUCH ORDERS WERE NOT COMPETENT TO QUALIFY YOU FOR FLYING PAY.

YOU NOW SUBMIT EVIDENCE TENDING TO SHOW THAT SUCH ORDERS WERE IN FACT ISSUED BY YOUR COMMANDING OFFICER ALTHOUGH THE EXTRACT COPY OF SPECIAL ORDERS 134 DATED HEADQUARTERS CAFS, MAY 16, 1942, AMENDING THE WORDING OF YOUR DETACHED SERVICE AT SANTA ANA, CALIFORNIA, SUGGESTS THAT YOU WERE NOT, UNDER THE PROVISIONS OF PARAGRAPH 3, SPECIAL ORDERS 125, TRANSFERRED TO THE AIR FORCE DETACHMENT AT BOLLING FIELD UNTIL MAY 6, 1942, WHICH IT WILL BE NOTED WAS AT LEAST FIVE DAYS SUBSEQUENT TO THE ORDERS PURPORTEDLY ISSUED ON MAY 1, 1942, BY THE COMMANDING OFFICER AT BOLLING FIELD. THIS CONNECTION AN EXAMINATION OF THE FILE INDICATES THAT SPECIAL ORDERS NO. 116, HEADQUARTERS ARMY AIR BASE, BOLLING FIELD, D.C., PARAGRAPH 34 OF WHICH PURPORTED TO REQUIRE YOU TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS FOR THE PERIOD MAY 1 TO 31, 1942, ALTHOUGH DATED MAY 1, 1942, WERE NOT ACTUALLY ISSUED UNTIL SOME TIME SUBSEQUENT TO JUNE 10, 1942. THIS FACT IS EVIDENCED BY LETTER OF JUNE 10, 1942, SIGNED BY LIEUTENANT COLONEL C. J. MARA, A.A.F., FOR COLONEL G. B. BEVERLY, A.A.F., DIRECTOR OF TECHNICAL INSPECTION, A CERTIFIED COPY OF WHICH IS CONTAINED IN THE FILE. THAT LETTER READS AS FOLLOWS:

"1. WITH REFERENCE TO SGT. WOODRUFF'S FLYING PAY, ARRANGEMENTS HAVE BEEN MADE TO HAVE THE ALLOTMENT OF FUNDS ASSIGNED TO THE AIR CORPS DETACHMENT AT BOLLING FIELD, WHICH WILL IN TURN ISSUE THE ORDERS PLACING WOODRUFF ON FLYING PAY. THE COMMANDING OFFICER OF THE AIR CORPS DETACHMENT HAS BEEN REQUESTED TO FORWARD COPIES OF THE ORDERS TO YOU SO THAT YOU MAY TURN THE ORDERS OVER TO THE FINANCE OFFICER PAYING SGT. WOODRUFF.

"2. WE HAVE REQUESTED THAT THE ORDER BE DATED AS OF MAY 1, 1942, SO THAT WOODRUFF WILL NOT LOSE ANY PAY AS A RESULT OF THE DELAY IN THE ISSUANCE OF THE ORDER. HE CAN CLAIM FLYING PAY FOR MAY ON A SEPARATE VOUCHER."

PROVISION FOR FLYING PAY DURING THE PERIOD OF YOUR CLAIM WAS CONTAINED IN SECTION 13A OF THE NATIONAL DEFENSE ACT OF 1916, AS ADDED BY SECTION 13 OF THE ACT OF JUNE 4, 1920, 41 STAT. 768, AND AMENDED BY SECTION 2 OF THE ACT OF JULY 2, 1926, 44 STAT. 780, WHICH READS IN PART:

"*** OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PER CENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT ***."

IT WILL BE NOTED THAT THE INCREASE IN PAY FOR FLYING DUTY IS AUTHORIZED ONLY WHEN THE PARTICIPATION IN REGULAR AND FREQUENT FLIGHTS IS PURSUANT TO ORDERS OF COMPETENT AUTHORITY AND IT HAS BEEN HELD THAT THE ADVANCE ISSUANCE OF COMPETENT ORDERS IS A CONDITION PRECEDENT TO THE RIGHT TO RECEIVE THE INCREASE IN PAY. SEE DECISIONS OF AUGUST 10, 1943, B-35561; OCTOBER 10, 1941, B-20733; SEPTEMBER 30, 1931, A-38398; AND JUNE 12, 1930, A-31746. AS STATED, IT APPEARS THAT THE ORDERS PURPORTING TO PLACE YOU ON FLYING DUTY FOR THE PERIOD MAY 1 TO 31, 1942, ALTHOUGH ALTHOUGH DATED MAY 1, 1942, WERE NOT ISSUED UNTIL SOME TIME AFTER JUNE 10, 1942, AND, ACCORDINGLY, FLIGHTS PERFORMED BY YOU IN MAY WERE NOT PERFORMED PURSUANT TO SUCH ORDERS. FOR REASONS HEREIN STATED, IT APPEARS THAT THE SETTLEMENT OF DECEMBER 1, 1943, DISALLOWING YOUR CLAIM FOR FLYING PAY FOR THE PERIOD MAY 1 TO 31, 1942, WAS CORRECT AND IT MUST BE SUSTAINED.