B-55901, JULY 13, 1946, 26 COMP. GEN. 26

B-55901, JULY 13, 1946, 26 COMP. GEN. 26

PAY - PARACHUTE DUTY - CAPTURED PERSONNEL SUBSEQUENTLY RESTORED TO MILITARY CONTROL MILITARY PERSONNEL RATED AS PARACHUTISTS WHOSE ADDITIONAL PAY FOR PARACHUTE DUTY AUTHORIZED BY SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WAS CONTINUED BY VIRTUE OF SECTION 2 OF THE MISSING PERSONS ACT, AS AMENDED, WHILE IN A CAPTURED, MISSING IN ACTION, ETC., STATUS, ARE NOT ENTITLED TO PARACHUTE PAY UPON RETURN TO MILITARY CONTROL UNTIL PARACHUTE JUMPING AGAIN BECOMES AN ESSENTIAL PART OF THEIR MILITARY DUTY WITHIN THE MEANING OF SAID SECTION 18, NOTWITHSTANDING THE FACT THAT SUCH PERSONNEL MAY, UPON RETURN, COME WITHIN THE PURVIEW OF PARAGRAPH 5, ARMY REGULATIONS 35-1495, DECEMBER 1, 1944, INCLUDING CERTAIN INTERRUPTIONS OF DUTY AS PARACHUTE DUTY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, JULY 13, 1946:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1946, AS FOLLOWS:

SECTION 18 OF THE ACT OF 16 JUNE 1942 (56 STAT. 368), AS AMENDED BY SECTION 5 OF THE ACT OF 7 SEPTEMBER 1944 (58 STAT. 730), PROVIDES IN PART THAT:

"ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE ARMY * * * 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 * * * 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.'

PURSUANT TO THE AUTHORITY CONTAINED IN THE ABOVE STATUTE, DUTY DESIGNATED AS PARACHUTE DUTY HAS BEEN SET FORTH IN PARAGRAPH 5, AR 35 1495, 1 DECEMBER 1944, AS FOLLOWS:

"PARACHUTE DUTY IS DESIGNATED AS ALL DUTY PERFORMED BY A PERSON WHO HAS RECEIVED A RATING AS PARACHUTIST OR IS UNDERGOING TRAINING FOR SUCH A RATING, WHERE PARACHUTE JUMPING IS AN ESSENTIAL PART OF SUCH DUTY, INCLUDING---

"A. WHILE ON LEAVE OR FURLOUGH OR TEMPORARY DUTY STATUS FOR NOT TO EXCEED 3 MONTHS.

"B. WHILE SICK IN LINE OF DUTY (INCLUDING HOSPITALIZATION ON ACCOUNT OF VENEREAL DISEASE) FOR A PERIOD NOT TO EXCEED 3 MONTHS. SEE AR 35-1440.

"C. WHILE EN ROUTE TO OR RETURNING FROM FOREIGN SERVICE.

"D. WHILE ON STAFFS OR WITH UNITS NOT AIRBORNE WHEN SUCH DUTY IS DESIGNATED AS PARACHUTE DUTY BY THE THEATER COMMANDER OR BY THE WAR DEPARTMENT.'

SECTION 2 OF THE ACT OF 7 MARCH 1942 (56 STAT. 144), AS AMENDED BY SECTION 2, OF THE ACT OF 1 JULY 1944 (58 STAT. 679), PROVIDES IN PART THAT:

"ANY PERSON WHO IS IN ACTIVE SERVICE AND WHO IS OFFICIALLY DETERMINED TO BE ABSENT IN A STATUS OF MISSING, MISSING IN ACTION, INTERNED IN A NEUTRAL COUNTRY, CAPTURED BY AN ENEMY, BELEAGUERED OR BESIEGED SHALL, FOR THE PERIOD HE IS OFFICIALLY CARRIED OR DETERMINED TO BE IN ANY SUCH STATUS, BE ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT THE SAME PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED AT THE BEGINNING OF SUCH PERIOD OF ABSENCE OR MAY BECOME ENTITLED THEREAFTER, * * "

NUMEROUS QUESTIONS HAVE BEEN PRESENTED TO THE WAR DEPARTMENT AS TO WHETHER OR NOT PAYMENT OF THE ADDITIONAL PAY FOR PARACHUTE DUTY TO MILITARY PERSONNEL RATED AS PARACHUTISTS IS PROPER, UPON RESTORATION TO MILITARY CONTROL FOLLOWING A PERIOD WHEN THE PERSON WAS IN A CAPTURED, MISSING IN ACTION, ETC., STATUS, DURING WHICH PERIOD ADDITIONAL PAY FOR PARACHUTE DUTY ACCRUED UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF 7 MARCH 1942, SUPRA. IN VIEW OF THE INCREASING NUMBER OF REPATRIATED PRISONERS OF WAR RETURNING FROM OVERSEAS FOR REASSIGNMENT OR FOR SEPARATION, A DECISION IS REQUESTED AS TO WHETHER OR NOT SUCH PRISONERS CONTINUE TO BE ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY FOR A PERIOD IMMEDIATELY FOLLOWING RECOVERY AND RETURN TO MILITARY CONTROL, NOT TO EXCEED 3 MONTHS, IF DURING SUCH PERIOD THEY ARE EN ROUTE TO THE UNITED STATES, ON TEMPORARY DUTY OR FURLOUGH, OR IN ANY OTHER STATUS AS SET FORTH IN THE SUBPARAGRAPHS OF PARAGRAPH 5, AR 35-1495.

THE FOLLOWING TYPES OF SPECIFIC CASES ARE CITED:

(1) A RATED PARACHUTIST IS CAPTURED BY THE ENEMY AND REMAINS IN A PRISONER OF WAR STATUS FOR A PERIOD OF SIX MONTHS. AT THE END OF SIX MONTHS HE IS LIBERATED AND UPON RETURN TO MILITARY CONTROL IS HOSPITALIZED AND RETURNED TO THE UNITED STATES. DURING THE TIME HE WAS A PRISONER OF WAR HIS PAY ACCOUNT WAS CREDITED WITH ADDITIONAL PAY FOR PARACHUTE DUTY, UNDER AUTHORITY OF SECTION 2 OF THE ACT OF 7 MARCH 1942, SUPRA. UPON RETURN TO MILITARY CONTROL NO ACTION IS TAKEN TO DISRATE HIM AS A PARACHUTIST, AND HE IS NOT RETURNED TO DUTY REQUIRING PARACHUTE JUMPING AS AN ESSENTIAL PART OF SUCH DUTY. QUESTION: IS HE ENTITLED TO RECEIVE ADDITIONAL PAY FOR PARACHUTE DUTY FOR A PERIOD NOT TO EXCEED 3 MONTHS BEGINNING WITH THE DATE OF HIS RESTORATION, UNDER AUTHORITY OF PARAGRAPH 5, AR 35-1495, OR DOES HIS RIGHT TO SUCH ADDITIONAL PAY TERMINATE AS OF THE DATE OF HIS RELEASE FROM A PRISONER OF WAR STATUS?

(2) A RATED PARACHUTIST IS CAPTURED BY THE ENEMY, SUBSEQUENTLY RETURNED TO DUTY, AND IS SENT TO A REPLACEMENT DEPOT FOR REASSIGNMENT. HE IS RETURNED FROM OVERSEAS IN A CASUAL STATUS AND SENT TO A REDISTRIBUTION CENTER WHERE HE IS GIVEN A FURLOUGH. THE ENTIRE PERIOD INVOLVED IN THIS PROCESS DOES NOT EXCEED 90 DAYS. QUESTION: IS HE ENTITLED TO ADDITIONAL PAY FOR PARACHUTE DUTY DURING THIS ENTIRE PERIOD UNDER PARAGRAPH 5, AR 35- 1495, EVEN THOUGH SUBSEQUENT TO THE DATE OF HIS REPATRIATION HE WAS NOT ASSIGNED TO DUTY DESIGNATED AS PARACHUTE DUTY.

PARAGRAPH 2 OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 368, 369, ORIGINALLY PROVIDED:

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 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 ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, AMENDED THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. SECTION 5 OF THE AMENDING ACT, 58 STAT. 730, PROVIDES:

THE SECOND PARAGRAPH OF SECTION 18 OF SUCH ACT IS HEREBY AMENDED BY STRIKING OUT THE WORDS "WHO IS ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT, INCLUDING PARACHUTE-JUMPING SCHOOLS, D.'

NEITHER H.R. 1506, 78TH CONGRESS, WHICH BECAME THE SAID ACT OF SEPTEMBER 7, 1944, NOR S. 1690, THE CORRESPONDING SENATE BILL, CONTAINED ANY PROVISION AS TO PARACHUTE PAY WHEN ORIGINALLY INTRODUCED. THE AMENDMENT, WHICH APPEARS AS THE ABOVE SECTION 5, WAS RECOMMENDED BY A REPRESENTATIVE OF THE WAR DEPARTMENT IN HEARINGS ON S. 1690 BEFORE A SUBCOMMITTEE OF THE SENATE COMMITTEE ON MILITARY AFFAIRS AND BEFORE THE FULL COMMITTEE. EXCERPTS FROM THE HEARINGS ARE QUOTED BELOW:

PAGES 17 AND 18:

COLONEL WATT. THE WAR DEPARTMENT HAS ONE OTHER RECOMMENDATION.

COLONEL PARTLOW. UNDER EXISTING LAW, SECTION 18 OF THE PAY READJUSTMENT ACT, WHICH AUTHORIZES ADDITIONAL PAY FOR MILITARY PERSONNEL WHO ARE PARATROOPERS HAVING A PARATROOP RATING, REQUIRES THAT SUCH PERSONS BE ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT IN ORDER TO BE ENTITLED TO RECEIVE THE ADDITIONAL PAY AUTHORIZED UNDER THAT SECTION OF PARATROOP DUTY. AS A RESULT OF THE OPERATION OF THAT STATUTE, PARTICULARLY IN CASES OF PARATROOPERS WHO ARE SENT OVERSEAS AS REPLACEMENTS, THEY ARE DETACHED FROM A UNIT IN THIS COUNTRY, SENT TO A PORT OF EMBARKATION AND SENT OVERSEAS AND THERE MAY BE A PRETTY SIZEABLE PERIOD OF TIME TO ELAPSE BETWEEN THE TIME THEY LEAVE A UNIT IN THIS COUNTRY AND ARE AGAIN ASSIGNED TO A UNIT OVERSEAS. DURING THAT PERIOD, THEY ARE NOT ENTITLED TO THE ADDITIONAL PAY AS PARATROOPERS, ALTHOUGH THEY CONTINUE TO HOLD THEIR RATINGS AS PARATROOPERS. LIKEWISE, IN CASE OF PARATROOPERS WHO ARE INJURED AND HOSPITALIZED, UNLESS THEY CONTINUE TO REMAIN ATTACHED TO A PARATROOP UNIT, THEY ARE NOT ENTITLED TO RECEIVE THE INCREASED PAY AUTHORIZED FOR PARATROOPERS WHILE THEY ARE HOSPITALIZED.

THE CHAIRMAN. WHAT IS TO KEEP THEM FROM REMAINING ATTACHED?

COLONEL PARTLOW. WELL, IN SOME CASES, SIR, THEY DO REMAIN ATTACHED TO A UNIT; BUT THE MACHINERY FOR SENDING THESE REPLACEMENTS OVERSEAS INTERFERES. THERE MAY BE NO UNIT TO WHICH TO ATTACH THEM; AND THE WAR DEPARTMENT PROPOSAL WOULD REMOVE THAT REQUIREMENT THAT IT BE NECESSARY THAT A PARATROOPER BE ATTACHED TO A UNIT IN ORDER TO RECEIVE INCREASED PAY.

THE CHAIRMAN. WELL, I CAN UNDERSTAND THAT FOR A FREE LANCE; BUT NOW, SUPPOSE THAT A PERSON IS ATTACHED TO SOME OTHER UNIT, OTHER THAN PARATROOPERS. WHY SHOULD HE BE ENTITLED TO SPECIAL, TO PARATROOP CONSIDERATION? IF HE ISN-T ATTACHED TO ANY OTHER UNIT, THAT IS ONE THING; BUT IF HE DOES BECOME ATTACHED TO SOME OTHER UNIT AND IS SERVING IN SOME OTHER UNIT, NOT SERVING AS A PARATROOPER, IT DOESN-T SEEM TO ME HE SHOULD BE ENTITLED TO PARATROOP CONSIDERATION.

COLONEL PARTLOW. YOU ARE EXACTLY CORRECT, SIR. THAT WOULD BE RETAINED IN THE SECTION, SENATOR, THE PROVISIONS THAT PARACHUTE JUMPING MUST BE AN ESSENTIAL PART OF HIS MILITARY DUTY SO THOSE CASES THAT YOU MENTIONED WOULD NOT BE ENTITLED TO IT UNDER THE LAW IF AMENDED AS WE SUGGEST BECAUSE HE WOULD STILL HAVE TO HAVE PARACHUTE JUMPING AS AN ESSENTIAL PART OF HIS MILITARY DUTY. THIS UNDERSCORED PART (INDICATING A PART OF THE PAY ACT) IS WHAT WILL BE STRICKEN, SIR.

THE CHAIRMAN. BUT THIS OTHER PART THERE--- "FOR WHOM PARACHUTE JUMPING IS AN ESSENTIAL PART OF HIS MILITARY DUTY AND SERVICE UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR---" AND SO FORTH. THAT WOULD REMAIN IN THE---

COLONEL PARTLOW (INTERPOSING). YES, SIR; SO THAT THOSE MEN WHO ARE ATTACHED TO OTHER UNITS MUST HAVE PARACHUTE JUMPING AS AN ESSENTIAL PART OF THEIR DUTY IN ORDER TO RECEIVE THE ADDITIONAL PAY.

THE CHAIRMAN. WELL, THAT WOULD TAKE CARE OF MY SUGGESTION?

COLONEL PARTLOW. YES, SIR.

THE CHAIRMAN. IS IT YOUR PROPOSAL, COLONEL, THAT AN AMENDMENT OF THAT KIND BE ATTACHED TO THIS BILL?

COLONEL PARTLOW. YES, SIR; IT WOULD BE AN AMENDMENT OF THAT SECTION OF THE PAY READJUSTMENT ACT, AND THAT IS A WAR DEPARTMENT RECOMMENDATION, SIR.

THE CHAIRMAN. IT IS A MATTER THAT DOES NOT CONCERN THE OTHER ARMED FORCES?

CAPTAIN HEDERMAN. YES, SIR; THE MARINE CORPS.

THE CHAIRMAN. IT CONCERNS THE MARINE CORPS?

CAPTAIN HEDERMAN. YES, SIR; AND THE NAVY DEPARTMENT CONCURS IN THE ARMY'S RECOMMENDATION.

THE CHAIRMAN. AND YOU RECOMMEND THAT THAT AMENDMENT BE INCLUDED HERE ALSO?

CAPTAIN HEDERMAN. YES, SIR.

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COLONEL PARTLOW. * * *

SECTION 5 OF THE BILL AS AMENDED WOULD OBVIATE THE REQUIREMENT OF THE EXISTING LAW THAT A PARACHUTIST BE ASSIGNED TO A PARACHUTE UNIT IN ORDER TO ENTITLE HIM TO ADDITIONAL PAY AUTHORIZED FOR SUCH DUTY UNDER THE SECOND PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT. MANY PARACHUTISTS WHO ARE HOSPITALIZED OR EN ROUTE OVERSEAS AS REPLACEMENTS ARE DETACHED FROM A PARACHUTE UNIT WHILE UNDERGOING SUCH HOSPITALIZATION OR WHILE TRAVELING AS SUCH A REPLACEMENT, ALTHOUGH PARACHUTE JUMPING REMAINS THROUGHOUT EACH OF THOSE PERIODS AS AN ESSENTIAL PART OF THEIR MILITARY DUTY AND THE PERSONS CONCERNED CONTINUE TO HOLD THEIR RATINGS AS PARACHUTISTS. THE RESULT OF THE OPERATION OF EXISTING LAW IN THAT REGARD HAS IN SOME CASES UNJUSTLY AFFECTED THE PERSONNEL CONCERNED, AND BOTH THE WAR AND NAVY DEPARTMENTS RECOMMEND THE ELIMINATION OF THE REQUIREMENT THAT THE PERSON CONCERNED BE ATTACHED TO A PARACHUTE UNIT IN ORDER TO RECEIVE THE ADDITIONAL PAY AUTHORIZED.

SENATOR JOHNSON. SENATOR AUSTIN, THIS CHANGE IN THE LAW DOES NOT MEAN THAT IF THE PARACHUTE PERSONNEL ARE ASSIGNED TO, WE WILL SAY, INFANTRY OR ARTILLERY OR SOME OTHER SERVICE IN THE ARMED FORCES, THIS WOULD AFFECT THEM. IT IS THE FREE LANCE THAT IS AFFECTED, WHERE THEY ARE NOT ASSIGNED TO A PARTICULAR DIVISION, AS I UNDER STAND IT.

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COLONEL PARTLOW. OF COURSE, SENATOR, THE WAY THE THING HAS BEEN OPERATED, IF A PARACHUTIST UNDER EXISTING LAW IS INJURED AND SENT TO A HOSPITAL AND RELIEVED OF HIS DUTY WITH THE PARACHUTE UNIT AND ATTACHED TO A HOSPITAL DETACHMENT HIS PAY WOULD CEASE UNDER THE PRESENT LAW, ALTHOUGH HIS MAIN MILITARY DUTY AND ESSENTIAL MILITARY DUTY WOULD STILL REMAIN PARACHUTE JUMPING, BUT HE WOULD NOT GET HIS PAY DURING THE PERIOD HE IS HOSPITALIZED. LIKEWISE, WHEN THIS MAN IS A REPLACEMENT GOING OVERSEAS, DETACHED FROM A PARACHUTE UNIT IN THIS COUNTRY TO GO OVERSEAS TO BE ATTACHED TO A UNIT OVERSEAS, IN THE INTERIM THEY WOULD NOT GET THEIR PAY ALTHOUGH WHEN THE--- WHEN WE SEND A COMPLETE PARACHUTE UNIT OVERSEAS, A COMPLETE UNIT, THEIR PAY CONTINUES. I DON-T BELIEVE THAT WILL RESULT IN ANY APPRECIABLE INCREASE IN COST BECAUSE THE WAR DEPARTMENT IN EVERY CASE WE POSSIBLY CAN, THEY DO HAVE TO CONTINUE, AS A MATTER OF BOOKKEEPING AND ADMINISTRATION, CONTINUE THESE PEOPLE AS ASSIGNED TO SOME PARACHUTE UNIT, BUT THERE HAS BEEN SOME CASES WHERE IT IS JUST ABSOLUTELY IMPOSSIBLE TO WORK IT OUT IN EACH INSTANCE, DUE TO THAT PROCEDURE. AT PAGE 4 OF SENATE REPORT NO. 917 ON H.R. 1506, MAY 29, 1944, IT IS STATED:

SECTION 5 OF THE BILL AS AMENDED BY YOUR COMMITTEE WOULD OBVIATE THE REQUIREMENT OF EXISTING LAW THAT A PARACHUTIST BE ASSIGNED TO A PARACHUTE UNIT IN ORDER TO ENTITLE HIM TO ADDITIONAL PAY AUTHORIZED FOR SUCH DUTY UNDER THE SECOND PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT. MANY PARACHUTISTS WHO ARE HOSPITALIZED OR EN ROUTE OVERSEAS AS REPLACEMENTS ARE DETACHED FROM A PARACHUTE UNIT WHILE UNDERGOING SUCH HOSPITALIZATION OR WHILE TRAVELING AS SUCH REPLACEMENTS, ALTHOUGH PARACHUTE JUMPING REMAINS DURING EACH OF THOSE PERIODS AS AN ESSENTIAL PART OF THEIR MILITARY DUTY, AND THE PERSONS CONCERNED CONTINUE TO HOLD THEIR RATINGS AS PARACHUTISTS. THE RESULTS OF THE OPERATION OF EXISTING LAW IN THAT REGARD HAVE IN SOME CASES UNJUSTLY AFFECTED THE PERSONNEL CONCERNED, AND BOTH THE WAR AND NAVY DEPARTMENT RECOMMEND THE ELIMINATION OF THE REQUIREMENT THAT THE PERSON CONCERNED BE ATTACHED TO A PARACHUTE UNIT IN ORDER TO RECEIVE THE ADDITIONAL PAY AUTHORIZED. YOUR COMMITTEE FEELS THAT PARACHUTISTS SHOULD CONTINUE TO RECEIVE THE ADDITIONAL PAY AUTHORIZED WHILE HOSPITALIZED OR TRAVELING AS REPLACEMENTS.

THUS, WHILE PARAGRAPH 2 OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 5 OF THE ACT OF SEPTEMBER 7, 1944, NO LONGER REQUIRES A PERSON TO BE ATTACHED TO A PARACHUTE UNIT TO BE ENTITLED TO PARACHUTE PAY, IT RETAINS THE BROAD REQUIREMENT THAT FOR AN INDIVIDUAL TO BE ENTITLED TO SUCH PAY, PARACHUTE JUMPING MUST BE AN ESSENTIAL PART OF HIS MILITARY DUTY.

ALTHOUGH THE TERM "ESSENTIAL PART OF HIS MILITARY DUTY" DOES NOT RESTRICT THE ADDITIONAL PAY TO PERIODS OF ACTUAL PARACHUTE JUMPING, BUT MORE BROADLY RELATES TO THE GENERAL DUTY STATUS OF MEN TRAINED OR IN TRAINING AS PARACHUTISTS WHO MAY BE RECOGNIZED AS SERVING UNDER CONDITIONS RENDERING THEM PRIMARILY AVAILABLE FOR AND SUBJECT TO THAT CHARACTER OF DUTY, NOTWITHSTANDING TEMPORARY INTERRUPTIONS FOR HOSPITALIZATION, LEAVE, OR TRAVEL, IT DOES NOT FOLLOW THAT ALL SERVICE OR PERIODS OF SERVICE OF A TRAINED PARACHUTIST INVOLVE PARACHUTE JUMPING AS "AN ESSENTIAL PART OF HIS MILITARY DUTY.' SEE, IN THIS CONNECTION, DECISION OF THIS OFFICE DATED APRIL 23, 1945, B-46639, TO FIRST LIEUTENANT GEORGE G. BAUMEN, IN WHICH IT WAS HELD THAT A RATED PARACHUTIST WAS NOT ENTITLED TO PARACHUTE PAY WHILE ASSIGNED TO DUTY AS ASSISTANT SPECIAL SERVICE OFFICER, HEADQUARTERS, 13TH AIRBORNE DIVISION, SINCE THE COMMANDING GENERAL OF THAT DIVISION REPORTED THAT SUCH POSITION DID NOT REQUIRE PARACHUTE JUMPING AS AN ESSENTIAL PART OF THE PERFORMANCE OF THE OFFICER'S DUTY.

IT IS OBVIOUS THAT PARACHUTE JUMPING IS NOT AN ESSENTIAL PART OF THE MILITARY DUTY OF A PRISONER OF WAR. HENCE, UPON CAPTURE BY THE ENEMY THE RIGHT TO PARACHUTE PAY DOES NOT CONTINUE BY VIRTUE OF MEETING THE CONDITIONS SPECIFIED IN SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, BUT ONLY BY VIRTUE OF THE CONTINUING PAY PROVISIONS IN THE MISSING PERSONS ACT OF MARCH 7, 1942, AS AMENDED, 58 STAT. 679, QUOTED IN YOUR LETTER. THE LATTER ACT, HOWEVER, CEASES TO OPERATE UPON RETURN OF THE PRISONER TO MILITARY CONTROL AND THEREFORE, HIS RIGHT TO PARACHUTE PAY FROM THE DATE OF SUCH RETURN IS FOR DETERMINATION SOLELY ON THE BASIS OF PARAGRAPH 2 OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. CF. 23 COMP. GEN. 948, 950. IT FOLLOWS THAT UNLESS AND UNTIL HE AGAIN MEETS ALL THE REQUIREMENTS OF THAT SECTION--- INCLUDING THE REQUIREMENT THAT PARACHUTE JUMPING MUST BE AN ESSENTIAL PART OF HIS MILITARY DUTY--- HE IS NOT ENTITLED TO PARACHUTE PAY.

ACCORDINGLY, YOU ARE ADVISED THAT A CAPTURED PARACHUTIST UPON RETURN TO MILITARY CONTROL IS NOT ENTITLED TO PARACHUTE PAY IN ANY OF THE SITUATIONS OUTLINED IN SUBPARAGRAPHS A TO D OF PARAGRAPH 5, ARMY REGULATIONS 35-1495, DECEMBER 1, 1944, UNTIL HE ACTUALLY RETURNS TO PARACHUTE DUTY, FOR NOT UNTIL THEN WOULD PARACHUTE JUMPING AGAIN BECOME AN ESSENTIAL PART OF HIS MILITARY DUTY WITHIN THE CONTEMPLATION OF THE STATUTE. IN THE FIRST SPECIFIC CASE CITED IN YOUR LETTER, THE RIGHT TO PARACHUTE PAY TERMINATED ON THE DATE OF RELEASE FROM A PRISONER OF WAR STATUS, AND, IN THE SECOND SPECIFIC CASE, THE QUESTION STATED IS ANSWERED IN THE NEGATIVE.