B-147755, JUL. 11, 1962

B-147755: Jul 11, 1962

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DITRANI: REFERENCE IS MADE TO YOUR LETTER OF MAY 25. COMMANDERS OF AIR FORCE RESERVE ORGANIZATIONS NAMED AS SEPARATE ORGANIZATIONS IN THE APPROVED TABLE OF ORGANIZATIONS OR DULY CONSTITUTED AIR RESERVE CENTER GROUPS AND SQUADRONS WERE ELIGIBLE FOR ADMINISTRATIVE FUNCTION PAY FOR PERFORMING ADMINISTRATIVE FUNCTIONS DEFINED IN SUBPARAGRAPH A THEREOF. WERE ENTITLED TO ADMINISTRATIVE FUNCTION PAY. THAT THE SEPARATE ORGANIZATION PROVISIONS OF PARAGRAPH 10620B OF THE MANUAL WERE NOT INTENDED TO LIMIT PAYMENT OF SUCH PAY TO COMMANDERS OF SEPARATE ORGANIZATIONS. THAT WHERE THE ORGANIZATION IS NOT FUNCTIONING SEPARATELY BUT IS A SUBORDINATE PART OF A LARGER GROUP. THE ADMINISTRATIVE FUNCTIONS OF THE ORGANIZATION ARE.

B-147755, JUL. 11, 1962

TO MR. LOUIS J. DITRANI:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1962, ENCLOSING A CERTIFICATE DATED MAY 22, 1962, FROM THE EXECUTIVE OFFICER, HEADQUARTERS, 445TH TROOP CARRIER WING, ASSAULT (RESERVE), UNITED STATES AIR FORCE, DOBBINS AIR FORCE BASE, GEORGIA, DESCRIBING THE DUTIES YOU PERFORMED AS COMMANDER OF THE HEADQUARTERS SQUADRON SECTION OF THE 445TH TROOP CARRIER WING FOR FIVE MONTHS IN 1960. YOU REQUEST THAT IN VIEW OF THE LAST SUSTAINED OUR OFFICE SETTLEMENT OF NOVEMBER 6, 1961, DISALLOWING YOUR CLAIM, WE CONSIDER THIS CERTIFICATE IN REVIEWING YOUR CLAIM THAT YOU PERFORMED THE SPECIFIED ADMINISTRATIVE FUNCTIONS OF YOUR SQUADRON SO AS TO BE ENTITLED TO ADMINISTRATIVE FUNCTION PAY FOR THAT PERIOD.

IN OUR DECISION WE STATED THAT UNDER THE PROVISIONS OF PARAGRAPH 10620B, AIR FORCE MANUAL 173-22, COMMANDERS OF AIR FORCE RESERVE ORGANIZATIONS NAMED AS SEPARATE ORGANIZATIONS IN THE APPROVED TABLE OF ORGANIZATIONS OR DULY CONSTITUTED AIR RESERVE CENTER GROUPS AND SQUADRONS WERE ELIGIBLE FOR ADMINISTRATIVE FUNCTION PAY FOR PERFORMING ADMINISTRATIVE FUNCTIONS DEFINED IN SUBPARAGRAPH A THEREOF. WE STATED FURTHER THAT UNDER THE PROVISIONS OF PARAGRAPH 10622, COMMANDERS OF AIR FORCE RESERVE TRAINING CATEGORY A UNITS AND AIR FORCE RESERVE GROUPS AND SQUADRONS ASSIGNED OR ATTACHED TO NUMBERED AIR RESERVE CENTERS, WHO PERFORM THE ADMINISTRATIVE FUNCTIONS OF THE ORGANIZATION, WERE ENTITLED TO ADMINISTRATIVE FUNCTION PAY, AND THAT THE SEPARATE ORGANIZATION PROVISIONS OF PARAGRAPH 10620B OF THE MANUAL WERE NOT INTENDED TO LIMIT PAYMENT OF SUCH PAY TO COMMANDERS OF SEPARATE ORGANIZATIONS. WE POINTED OUT, HOWEVER, THAT WHERE THE ORGANIZATION IS NOT FUNCTIONING SEPARATELY BUT IS A SUBORDINATE PART OF A LARGER GROUP, THE ADMINISTRATIVE FUNCTIONS OF THE ORGANIZATION ARE, FOR THE MOST PART, NORMALLY PERFORMED BY THE HEADQUARTERS OF THE LARGER GROUP AND WE CITED AIR FORCE REGULATIONS 20-15 AS AUTHORITY. WE HELD THAT SINCE YOUR SQUADRON DID NOT FUNCTION AS A SEPARATE ORGANIZATION AND THE RECORD DOES NOT OTHERWISE ESTABLISH THAT YOU PERFORMED THOSE DUTIES SET OUT IN PARAGRAPH 10620A OF THE MANUAL, WE MAY NOT CONCLUDE, CONTRARY TO THE AIR FORCE DETERMINATION, THAT YOU WERE QUALIFIED FOR THE ADMINISTRATIVE FUNCTION PAY WHICH YOU RECEIVED. WE SAID, HOWEVER, THAT IF YOU CAN ESTABLISH THAT YOU ACTUALLY PERFORMED THE SPECIFIED ADMINISTRATIVE FUNCTIONS OF YOUR SQUADRON AND OFFICIAL VERIFICATION CAN BE OBTAINED OF SUCH FACT, THE MATTER WILL RECEIVE FURTHER CONSIDERATION.

THE CERTIFICATE FORWARDED WITH YOUR LETTER SIGNED BY THE EXECUTIVE OFFICER OF THE HEADQUARTERS 445TH TROOP CARRIER WING, ASSAULT (RESERVE) USAF, DOBBINS AIR FORCE BASE, DESCRIBES THE DUTIES YOU PERFORMED AS COMMANDER OF THE HEADQUARTERS SQUADRON SECTION OF THE 445TH TROOP CARRIER WING FOR FIVE MONTHS IN 1960. THE CERTIFICATE STATES, AMONG OTHER THINGS, THAT THE DUTIES DID NOT INVOLVE COURT-MARTIAL JURISDICTION. THE DUTIES DESCRIBED APPEAR TO BE TYPICAL OF THOSE INVOLVED IN THE CONTROL OF A RESERVE SQUADRON SECTION, WHICH DO NOT REQUIRE THE EXERCISE OF AFFIRMATIVE OR FINAL ACTION BY THE SUBORDINATE UNIT WHICH ACTIONS ORDINARILY ARE VESTED IN THE HEADQUARTERS COMMANDER. THE MAINTENANCE OF PERSONNEL RECORDS, ETC., ORDINARILY ARE FUNCTIONS OF THE HEADQUARTERS COMMAND UNLESS DELEGATED BY THE HEADQUARTERS COMMANDER TO THE SQUADRON SECTION. SEE, GENERALLY, AIR FORCE REGULATIONS 20-27 DATED OCTOBER 2, 1959.

IN CONNECTION WITH THE COLLECTION OF ADMINISTRATIVE FUNCTION PAY PAID TO OTHER OFFICERS FOR DUTIES PERFORMED AS COMMANDER OF A HEADQUARTERS SQUADRON SECTION, HEADQUARTERS CONTINENTAL AIR COMMAND, UNITED STATES AIR FORCE, MITCHEL AIR FORCE BASE, NEW YORK, IN RESPONSE TO A LETTER DATED JANUARY 31, 1961, FROM THE COMMANDER OF THE 445TH TROOP CARRIER WING, SAID, IN PERTINENT PART:

"2. IT IS TRUE THAT AUTHORITY FOR PAYMENT OF ADMINISTRATIVE FUNCTION PAY WAS BASED ON THE PROVISIONS OF SECTION III, CHAPTER 6, PART I AFM 173-22. HOWEVER, THIS AUTHORITY WAS NOT CHANGED BY IMPLEMENTATION OF AFM 177-105. WORDING OF THESE TWO DIRECTIVES IS THE SAME AS INDICATED IN ATTACHMENTS 1 AND 2. WHILE THERE IS A DIFFERENCE IN THE WORDING OF SECTION III AS ORIGINALLY PUBLISHED IN 1956, AND AS REVISED BY CHANGE 3, 28 MARCH 1958, ENTITLEMENT REMAINED THE SAME.

"3. THE POSITION OF HEADQUARTERS SQUADRON SECTION COMMANDER WAS AUTHORIZED AS PART OF THE MANNING OF THE HEADQUARTERS OF EACH WING OR GROUP. THE MEMBER FILLING THIS POSITION DID NOT FUNCTION AS A COMMANDER OF A SEPARATE ORGANIZATION; INSTEAD HE WAS IN CHARGE OF A SECTION WITHIN THE HEADQUARTERS. WHILE THE COMMANDER OF THE HEADQUARTERS WAS ENTITLED TO ADMINISTRATIVE FUNCTION PAY, THE HEADQUARTERS SQUADRON SECTION COMMANDER WAS PRECLUDED FROM SUCH ENTITLEMENT BY THE PROVISIONS OF BOTH AFM 173-22 AND AFR 45-10.'

WHILE IT APPEARS THAT AS SQUADRON SECTION COMMANDER YOU PERFORMED SOME OF THE DUTIES DESCRIBED IN THE APPLICABLE PROVISIONS OF THE MANUAL, WE CANNOT SAY, IN THE ABSENCE OF AN ADMINISTRATIVE DETERMINATION BY THE AIR FORCE, THAT THOSE DUTIES PERFORMED BY YOU IN THAT CAPACITY QUALIFIED YOU FOR ADMINISTRATIVE FUNCTION PAY. ACCORDINGLY, THE RECORD DOES NOT ESTABLISH THAT YOU PERFORMED ADMINISTRATIVE FUNCTIONS AS A COMMANDER OF AN ORGANIZATION AS DEFINED IN PARAGRAPH 10620A OR 10622, AIR FORCE MANUAL 173 -22, SO AS TO BE ENTITLED TO ADMINISTRATIVE FUNCTION PAY FOR THE PERIOD OF YOUR CLAIM. WE HAVE NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.

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