B-135486, APR. 17, 1958

B-135486: Apr 17, 1958

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AF 18013517: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 28. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 18. SINCE THE FLIGHT CERTIFICATES FURNISHED WERE NOT SIGNED BY A CERTIFYING OFFICER FOR THE PERIOD CLAIMED AND APPLICABLE REGULATIONS REQUIRED THAT PAYMENT OF FLIGHT PAY MUST BE SUBSTANTIATED BY CERTIFIED RECORDS OF FLIGHTS PERFORMED FOR THE PERIOD CLAIMED. IT APPEARS THAT THE CERTIFICATE WAS NOT PREDICATED UPON INDIVIDUAL FLIGHT RECORDS (FORMS 5). STATES THAT SUCH RECORDS ARE NOT COMPLETE. THE RECORD SHOWS THAT YOU WERE PAID FLYING PAY FOR MAY AND JUNE 1943 ON VOUCHER NO. 831 IN THE JULY 1943 ACCOUNTS OF L. THE RECORD FURTHER SHOWS THAT YOU WERE PAID FOR THE PERIOD SEPTEMBER 1.

B-135486, APR. 17, 1958

TO TECHNICAL SERGEANT RAYMOND R. CHIPMAN, AF 18013517:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 28, 1958, AND TO LETTER DATED FEBRUARY 6, 1958, WITH ENCLOSURES, WRITTEN IN YOUR BEHALF BY LIEUTENANT CHARLES O. WYLIE, ASSISTANT STAFF JUDGE ADVOCATE, RANDOLPH AIR FORCE BASE, TEXAS, RELATIVE TO YOUR CLAIM FOR FLYING PAY FOR THE PERIOD MAY 1, 1943, THROUGH MARCH 31, 1944, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 18, 1951, OF THE CLAIMS DIVISION OF OUR OFFICE, SINCE THE FLIGHT CERTIFICATES FURNISHED WERE NOT SIGNED BY A CERTIFYING OFFICER FOR THE PERIOD CLAIMED AND APPLICABLE REGULATIONS REQUIRED THAT PAYMENT OF FLIGHT PAY MUST BE SUBSTANTIATED BY CERTIFIED RECORDS OF FLIGHTS PERFORMED FOR THE PERIOD CLAIMED.

WITH HIS LETTER LIEUTENANT WYLIE HAS ENCLOSED, AMONG OTHER PAPERS, A CERTIFICATE DATED MAY 16, 1950, EXECUTED BY CAPTAIN FELTON W. HALL, USAF, OPERATIONS OFFICER, RAMEY AIR FORCE BASE, PUERTO RICO, CERTIFYING THAT YOU HAD FLIGHT RECORDS ON FILE AT THAT STATION INDICATING THAT YOU HAD PERFORMED THE REQUIRED AMOUNT OF FLYING TIME FOR PAY PURPOSES FOR EACH MONTH DURING THE PERIOD MAY 1, 1943, THROUGH SEPTEMBER 12, 1944. HOWEVER, IT APPEARS THAT THE CERTIFICATE WAS NOT PREDICATED UPON INDIVIDUAL FLIGHT RECORDS (FORMS 5), SINCE AN INDORSEMENT TO THE CERTIFICATE, DATED JULY 21, 1950, STATES THAT SUCH RECORDS ARE NOT COMPLETE.

THE RECORD SHOWS THAT YOU WERE PAID FLYING PAY FOR MAY AND JUNE 1943 ON VOUCHER NO. 831 IN THE JULY 1943 ACCOUNTS OF L. K. LEVY, AND FOR JULY AND AUGUST 1943 ON VOUCHER NO. 2657 IN THE SEPTEMBER 1943 ACCOUNTS OF THE SAME DISBURSING OFFICER. THE RECORD FURTHER SHOWS THAT YOU WERE PAID FOR THE PERIOD SEPTEMBER 1, 1943, THROUGH JUNE 30, 1944, ON VOUCHER NO. 8 IN THE JULY 1944 ACCOUNTS OF E. C. BAGWELL, AND THAT YOU WERE CREDITED ON THIS VOUCHER WITH FLYING PAY FOR THE MONTH OF JUNE 1944 ONLY. FLYING PAY FOR THE MONTHS OF APRIL AND MAY 1944 WERE CREDITED TO YOU AS AN UNPAID ITEM ON VOUCHER NO. 784, AUGUST 1944 ACCOUNTS OF P. P. LOFTON, COVERING YOUR JULY 1944 PAY.

EXHAUSTIVE EFFORTS HAVE BEEN MADE TO OBTAIN COPIES OF FORM 5, CERTIFIED INDIVIDUAL FLIGHT RECORD, FOR THE MONTHS SEPTEMBERS 1943 THROUGH MARCH 1944, OR OTHER EQUIVALENT EVIDENCE THAT YOU PERFORMED FLIGHTS DURING THAT PERIOD, IN ORDER TO ESTABLISH YOUR RIGHT TO FLYING PAY FOR THOSE MONTHS, BUT WITHOUT SUCCESS.

THE RIGHT TO THE 50 PERCENT INCREASE IN PAY FOR FLYING DUTY PROVIDED BY SECTION 18 OF THE ACT OF JUNE 16, 1942, 56 STAT. 368, IS CONTINGENT UPON THE EXISTENCE OF ORDERS TO PERFORM FREQUENT AND REGULAR FLIGHTS ISSUED "BY COMPETENT AUTHORITY," AND THE PERFORMANCE OF FLIGHTS INCIDENT TO SUCH ORDERS. SINCE EVIDENCE OF PERFORMANCE OF FLIGHTS DURING THE PERIOD SEPTEMBER 1943 THROUGH MARCH 1944 CANNOT BE LOCATED, THERE IS NO PROPER BASIS UPON WHICH PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED. ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF APRIL 18, 1951, IS CORRECT AND UPON REVIEW IS SUSTAINED.

HOWEVER, YOU MAY BE ADVISED THAT IF YOU CAN FURNISH A CERTIFICATE AS TO THE FLIGHTS YOU PERFORMED DURING THE PERIOD CLAIMED, INCLUDING INFORMATION AS TO THE NUMBER, DURATION AND DATES THEREOF, SUPPORTED BY A VERIFIED STATEMENT MADE BY A MEMBER OR MEMBERS OF THE CREW PERFORMING THE ..END :

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