B-40811, APRIL 8, 1944, 23 COMP. GEN. 765

B-40811, APRIL 8, 1944, 23 COMP. GEN. 765

PAY - PARACHUTE DUTY - WHILE ASSIGNED TO OTHER THAN A PARACHUTE UNIT IN VIEW OF THE PROVISIONS OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AND REGULATIONS ISSUED THEREUNDER, GRANTING ADDITIONAL PAY TO AN OFFICER OR ENLISTED MAN WHO "IS ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT," AN ARMY OFFICER WHO WAS TRANSFERRED FROM A PARACHUTE REGIMENT TO A HOSPITAL DETACHMENT OF PATIENTS IS NOT ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY UNDER THE PERIOD HE WAS NOT ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. W. P. MACHEMEHL, WAR DEPARTMENT, APRIL 8, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 7, 1944, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH, STATED IN FAVOR OF LLOYD M. EVERS, SECOND LIEUTENANT, INFANTRY, FOR PAY AND ALLOWANCES, INCLUDING PARACHUTE PAY, FROM NOVEMBER 1, 1943 TO DECEMBER 31, 1943.

PARAGRAPHS 2 AND 3 OF YOUR LETTER, ARE AS FOLLOWS:

2. LT. EVERS WAS HOSPITALIZED SHORTLY AFTER HIS ARRIVAL IN THIS THEATER AND, BECAUSE OF THE REQUIREMENT IN THE THEATER THAN AN INDIVIDUAL BE TRANSFERRED FROM HIS ORGANIZATION IF HIS PERIOD OF HOSPITALIZATION WILL EXTEND BEYOND 30 DAYS, HE WAS TRANSFERRED FROM THE 502ND PARACHUTE INFANTRY REGIMENT, A PARACHUTE COMBAT ORGANIZATION, TO A HOSPITAL DETACHMENT OF PATIENTS BY AN ORDER DATED 10 NOV/43. AFTER HIS RELEASE FROM THE HOSPITAL, HE WAS TRANSFERRED TO A REPLACEMENT DEPOT FROM WHICH HE WAS LATER REASSIGNED TO THE 502ND PARACHUTE INFANTRY REGIMENT ON 30 DEC/43.

3. IN VIEW OF THE CERTIFICATE APPEARING ON THE REVERSE OF THE ENCLOSED WAR DEPARTMENT FORM NO. 336 AND IN VIEW OF THE REQUIREMENTS OF PARAGRAPH 4B AR-35-1495, DOUBT EXISTS AS TO WHETHER PARACHUTE PAY CAN BE PAID FOR THE PERIOD 10 NOV/43 TO 29 DEC/43 INCLUSIVE, SUCH BEING THE PERIOD DURING WHICH THE CLAIMANT WAS NEITHER ASSIGNED NOR ATTACHED TO A PARACHUTE COMBAT ORGANIZATION.

THE CERTIFICATE REFERRED TO IN THE QUOTED PARAGRAPH 3, CONTAINS A STATEMENT TO THE EFFECT THAT LIEUTENANT EVERS WOULD HAVE REMAINED ATTACHED TO A PARACHUTE UNIT BUT FOR THE REQUIREMENT IN HIS THEATER OF OPERATIONS THAT AN INDIVIDUAL BE TRANSFERRED TO THE DETACHMENT OF PATIENTS OF A HOSPITAL WHEN HIS CONFINEMENT IN THE HOSPITAL WILL EXCEED 30 DAYS.

PARAGRAPH 2 OF SECTION 18 OF THE ACT OF JUNE 16, 1942, 56 STAT. 368, 369, PROVIDES:

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, WHO IS ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT, INCLUDING PARACHUTE-JUMPING SCHOOLS, AND 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 AT 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 ABOVE SECTION GRANTS ADDITIONAL PAY TO ONE, WHO, INTER ALIA,"IS ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT.' ARMY REGULATIONS 35-1495, EFFECTIVE DURING THE PERIOD COVERED BY THE VOUCHER, PROVIDE THAT SUCH ADDITIONAL PAY IS AUTHORIZED, UNDER STIPULATED CONDITIONS, FOR PERSONNEL "WHILE ASSIGNED OR ATTACHED" TO A PARACHUTE COMBAT ORGANIZATION, OR "WHEN ASSIGNED OR ATTACHED" TO PARACHUTE-JUMPING SCHOOL. IT IS PROVIDED THAT PARACHUTISTS "WHILE ASSIGNED OR ATTACHED" AS DESIGNATED ABOVE WILL BE ENTITLED TO PARACHUTE PAY WHEN ABSENT SICK IN LINE OF DUTY FOR NOT TO EXCEED THREE MONTHS.

IT IS OBVIOUS THAT BOTH THE LAW AND THE REGULATIONS CONTEMPLATE THAT ASSIGNMENT OR ATTACHMENT TO A PARACHUTE UNIT IS A REQUISITE TO THE ENTITLEMENT TO PARACHUTE PAY, AND THAT UPON TERMINATION OF SUCH ASSIGNMENT OR ATTACHMENT THE RIGHT TO SUCH PAY IS LIKEWISE TERMINATED.

COPIES OF ORDERS ATTACHED TO THE VOUCHER SHOW THAT LIEUTENANT EVERS WAS TRANSFERRED FROM A PARACHUTE REGIMENT TO A HOSPITAL DETACHMENT OF PATIENTS ON NOVEMBER 10, 1943, AND IT APPEARS THAT AFTER HIS RELEASE FROM THE HOSPITAL HE WAS TRANSFERRED TO A REPLACEMENT DEPOT FROM WHICH HE WAS LATER REASSIGNED TO HIS ORIGINAL REGIMENT ON DECEMBER 30, 1943. FOR THE PERIOD NOVEMBER 10, 1943, TO DECEMBER 39, 1943, INCLUSIVE, HE WAS NOT ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT.

ACCORDINGLY, THE OFFICER IS NOT ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY FROM NOVEMBER 10, 1943, TO DECEMBER 29, 1943. THE VOUCHER, WHICH IS NOT ITEMIZED AS TO ANY MATTER OF PAY AND ALLOWANCES RETURNED HEREWITH.