B-135486, MAY 16, 1958

B-135486: May 16, 1958

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AF 18013517: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 30. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 18. SUCH ACTION WAS SUSTAINED BY OUR DECISION OF APRIL 17. WHICH WERE SENT TO YOU (US) FEBRUARY 6 1958 BY LIEUTENANT CHARLES G. I RECALL THAT HE WAS ASSIGNED TO MY SQUADRON DURING THE PERIOD OUTLINED IN YOUR LETTER. I HAVE CROSS CHECKED THE INCLOSED FLIGHT RECORDS OF SGT CHIPMAN AND MY FORM 5 AND TO THE BEST OF MY KNOWLEDGE THEY APPEAR TO BE ACCURATE AND TRUE. THERE IS ONE EXCEPTION. THE 329TH TRANSPORT SQUADRON WAS NOT ACTIVATED UNTIL 1 JUNE 1944 AND I WAS NOT THE OPERATIONS OFFICER UNTIL THAT DATE. I WILL NOT BE ABLE TO CERTIFY TO ANY FLYING RECORDS PREVIOUS TO 1 JUNE 1944.

B-135486, MAY 16, 1958

TO TECHNICAL SERGEANT RAYMOND R. CHIPMAN, AF 18013517:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 30, 1958, RELATIVE TO YOUR CLAIM FOR FLYING PAY FOR THE PERIOD MAY 1, 1943, THROUGH MARCH 31, 1944. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 18, 1951, AND SUCH ACTION WAS SUSTAINED BY OUR DECISION OF APRIL 17, 1958, ON THE PRESENT RECORD.

YOU APPEAR TO QUESTION THE STATEMENT IN OUR DECISION OF APRIL 17, 1958,THAT YOU RECEIVED FLYING PAY FOR THE MONTHS OF MAY, JUNE, JULY AND AUGUST, 1943, AND YOU ASK THAT WE "CHECK THE DATES ON THE THREE FORM 5'S SIGNED BY MAJOR CLARENCE W. BROWN, WHICH WERE SENT TO YOU (US) FEBRUARY 6 1958 BY LIEUTENANT CHARLES G. WYLIE, ASSISTANT STAFF JUDGE ADVOCATE, RANDOLPH AIR FORCE BASE, TEXAS.' YOU ASK THAT IF THESE FORMS INDICATE THAT YOU HAD FLIGHT TIME DURING THIS PERIOD, THAT YOU BE PAID FLIGHT PAY, AND ALSO THAT ALL PAPERS BE RETURNED TO YOU.

IN HIS LETTER DATED JANUARY 28, 1958, TO LIEUTENANT WYLIE, MAJOR BROWN STATED AS FOLLOWS:

"IN REPLY TO YOUR LETTER OF 22 JANUARY 1958 REGARDING TECHNICAL SERGEANT RAYMOND R. CHIPMAN, I RECALL THAT HE WAS ASSIGNED TO MY SQUADRON DURING THE PERIOD OUTLINED IN YOUR LETTER. I HAVE CROSS CHECKED THE INCLOSED FLIGHT RECORDS OF SGT CHIPMAN AND MY FORM 5 AND TO THE BEST OF MY KNOWLEDGE THEY APPEAR TO BE ACCURATE AND TRUE. THERE IS ONE EXCEPTION. THE 329TH TRANSPORT SQUADRON WAS NOT ACTIVATED UNTIL 1 JUNE 1944 AND I WAS NOT THE OPERATIONS OFFICER UNTIL THAT DATE. THEREFORE, I WILL NOT BE ABLE TO CERTIFY TO ANY FLYING RECORDS PREVIOUS TO 1 JUNE 1944.

"THE INDIVIDUAL FLIGHT RECORDS FOR SGT CHIPMAN FOR THE MONTHS OF MARCH, APRIL AND MAY 1944 APPEAR TO BE AUTHENTIC. THE NAMES LT LONG, LT COLONEL KEENEY, LT KING, AND LT WIEST ARE REMEMBERED BY ME AS MEMBERS OF OUR ORGANIZATION AT THAT TIME. HOWEVER, I DO NOT RECALL WHO THE OPERATIONS OFFICER WAS FOR THAT PERIOD OF TIME.'

MAJOR BROWN CERTIFIED ONLY THE FORM 5 FLIGHT RECORDS FOR THE MONTHS OF JUNE, JULY, AND AUGUST 1944, AND YOUR PAY RECORDS SHOW THAT YOU WERE CREDITED AND PAID FLIGHT PAY FOR THOSE MONTHS. YOU WERE NOT PAID FLIGHT PAY FOR THE MONTHS SEPTEMBER 1943 THROUGH MAY 1944 BECAUSE OF THE ABSENCE OF CERTIFIED FLIGHT CERTIFICATES FOR THOSE MONTHS.

IN OUR DECISION OF APRIL 17, 1958, WE STATED THAT IF YOU CAN FURNISH A CERTIFICATE AS TO THE FLIGHTS 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 SAME FLIGHTS, THE MATTER WILL BE GIVEN FURTHER CONSIDERATION.

ACCORDINGLY, WE MUST ADHERE TO OUR PRIOR DECISION. ALSO, WE MUST DENY YOUR REQUEST THAT WE RETURN ALL PAPERS, SINCE THEY FORM THE BASIS FOR OUR ACTION AND ARE NOW A PART OF THE PERMANENT FILES OF OUR OFFICE.

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