B-154745, SEP. 29, 1967
Highlights
SINCE OFFICIAL RECORDS INDICATE ADJUSTMENT FOR DIFFERENCE BETWEEN UNAUTHORIZED PREMIUM PAY PLAN AND AMOUNT PROPERLY PAYABLE ON AGGREGATE PAY BASIS WAS MADE AND INDIVIDUAL RECEIVED CORRECTIVE PAYMENTS. NO ADDITIONAL AMOUNT IS DUE AND CLAIM IS FOR DISALLOWANCE. WAS IN EFFECT UNTIL JULY 22. THE 6200TH AIR BASE WING WAS ADVISED THAT THE PREMIUM PAY PLAN INSTITUTED IN NOVEMBER 1954. WAS ILLEGAL SINCE IT HAD NOT BEEN AUTHORIZED BY THE PROPER OFFICIALS (ARMY - AIR FORCE WAGE BOARD). THE 6200TH AIR BASE WING WAS ORDERED TO RECOMPUTE SALARY PAYMENTS MADE UNDER SUCH PREMIUM PAY PLAN AND ISSUE CORRECTIVE PAYMENTS WHERE NECESSARY. YOU STATE THAT YOU WERE SEPARATED FROM THE DEPARTMENT OF THE AIR FORCE BEFORE YOU HAD RECEIVED ALL OF THE CORRECTIVE SALARY PAYMENTS TO WHICH YOU WERE ENTITLED FOR THE PERIOD NOVEMBER 28.
B-154745, SEP. 29, 1967
COMPENSATION - OVERTIME - ADJUSTMENT DECISION TO FILIPINO FOR ADDITIONAL COMPENSATION AS FORMER FIREFIGHTER EMPLOYEE OF AIR FORCE. SINCE OFFICIAL RECORDS INDICATE ADJUSTMENT FOR DIFFERENCE BETWEEN UNAUTHORIZED PREMIUM PAY PLAN AND AMOUNT PROPERLY PAYABLE ON AGGREGATE PAY BASIS WAS MADE AND INDIVIDUAL RECEIVED CORRECTIVE PAYMENTS, NO ADDITIONAL AMOUNT IS DUE AND CLAIM IS FOR DISALLOWANCE.
TO MR. AGAPITO L. JANABAJAL:
THIS REFERS TO YOUR LETTERS OF DECEMBER 16, 1966, AND APRIL 3, 1967, REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 21, 1966, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SERVICES PERFORMED AS A FIREFIGHTER WITH THE DEPARTMENT OF THE AIR FORCE, HEADQUARTERS, SAMAP, 2722ND PORT SQUADRON, MANILA AIR STATION, PHILIPPINES.
THE RECORD SHOWS THAT EFFECTIVE NOVEMBER 28, 1954, THE 6200TH AIR BASE WING, CLARK AIR FORCE BASE, INSTITUTED A PERCENTAGE PREMIUM PAY PLAN FOR NATIVE FILIPINO FIREFIGHTER EMPLOYEES. THAT PAY PLAN, WHICH PROVIDED FOR THE PAYMENT OF 20 PERCENT PREMIUM COMPENSATION IN LIEU OF ALL OTHER PREMIUM COMPENSATION, WAS IN EFFECT UNTIL JULY 22, 1956.
IN JUNE 1956, HOWEVER, THE 6200TH AIR BASE WING WAS ADVISED THAT THE PREMIUM PAY PLAN INSTITUTED IN NOVEMBER 1954, WAS ILLEGAL SINCE IT HAD NOT BEEN AUTHORIZED BY THE PROPER OFFICIALS (ARMY - AIR FORCE WAGE BOARD). CONSEQUENTLY, THE 6200TH AIR BASE WING WAS ORDERED TO RECOMPUTE SALARY PAYMENTS MADE UNDER SUCH PREMIUM PAY PLAN AND ISSUE CORRECTIVE PAYMENTS WHERE NECESSARY.
YOU STATE THAT YOU WERE SEPARATED FROM THE DEPARTMENT OF THE AIR FORCE BEFORE YOU HAD RECEIVED ALL OF THE CORRECTIVE SALARY PAYMENTS TO WHICH YOU WERE ENTITLED FOR THE PERIOD NOVEMBER 28, 1954, TO JULY 22, 1956.
THE DEPARTMENT OF THE AIR FORCE HAS FURNISHED OUR OFFICE COPIES OF PAY VOUCHERS DATED DECEMBER 28, 1956, AND JUNE 7, 1957, SHOWING THAT FOR THE PERIOD NOVEMBER 28, 1954, TO JULY 22, 1956, YOU RECEIVED CORRECTIVE SALARY PAYMENTS AMOUNTING TO $717.07. THAT AMOUNT REPRESENTED THE DIFFERENCE BETWEEN THE AMOUNT YOU ORIGINALLY RECEIVED FOR SUCH PERIOD UNDER THE UNAUTHORIZED PREMIUM PAY PLAN AND THE AMOUNT YOU SHOULD HAVE BEEN PAID ON THE AGGREGATE PAY BASIS.
SINCE THE OFFICIAL RECORDS SHOW THAT YOU DID, IN FACT, RECEIVE THE FULL AMOUNT TO WHICH YOU WERE ENTITLED FOR THE PERIOD NOVEMBER 28, 1954, TO JULY 22, 1956, THERE EXISTS NO BASIS TO ALLOW YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR SUCH PERIOD. THEREFORE, OUR SETTLEMENT OF SEPTEMBER 21, 1966, IS SUSTAINED.