B-110958, JUL 29, 1952

B-110958, JUL 29, 1952

PRECIS-UNAVAILABLE

THE SECRETARY OF DEFENSE:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 22, 1952, PRESENTING A FORM OF STATEMENT (IN BLANK) PROPOSED TO BE USED FOR MAKING AND RECORDING DETERMINATIONS OF FACT REQUIRED TO BE MADE IN THE ADMINISTRATION OF THE COMBAT DUTY PAY ACT OF 1952 (TITLE VII OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, PUBLIC LAW 488, APPROVED JULY 10, 1952), AND EXPRESSLY AUTHORIZED BY SECTION 707(A) OF SUCH ACT WHICH PROVIDES AS FOLLOWS:

"THE SECRETARY OF THE SERVICE CONCERNED, OR SUCH SUBORDINATE AS HE MAY SPECIFY, MAY MAKE SUCH DETERMINATION OF FACT AS MAY BE REQUIRED FOR THE ADMINISTRATION OF THIS ACT, AND ANY SUCH DETERMINATION SHALL BE FINAL."

THE PROPOSED STATEMENT IS AS FOLLOWS:

"PURSUANT TO A DELEGATION OF AUTHORITY MADE IN ACCORDANCE WITH THE COMBAT DUTY PAY ACT OF 1952, AND ACTING UNDER THE PROVISIONS OF THAT ACT AND REGULATIONS ISSUED THEREUNDER, I HEREBY MAKE THE FOLLOWING DETERMINATION OF FACTS CONCERNING THE SERVICE OF THE ABOVE NAMED PERSON.

HE SERVED AS A MEMBER OF COMBAT UNIT IN KOREA:

A. FOR NOT LESS THAN 6 DAYS DURING EACH OF THE FOLLOWING MONTHS .

B. FOR NOT LESS THAN 6 CONSECUTIVE DAYS BEGINNING IN THE PRECEDING MONTHS AND ENDING DURING THE MONTHS OF .

C. AND WHILE SO SERVING WAS KILLED IN ACTION ON .

D. AND WHILE SO SERVING WAS INJURED OR WOUNDED IN ACTION ON AND WAS HOSPITALIZED FOR SUCH INJURY OR WOUND FROM TO .

E. AND WHILE SO SERVING WAS CAPTURED OR ENTERED A MISSING-IN-ACTION STATUS ON AND CONTINUED IN SUCH STATUS UNTIL .

(SIGNATURE AND TITLE)"

YOU REQUEST A DECISION AS TO WHETHER SUCH STATEMENT WILL MEET THE REQUIREMENTS OF THE COMBAT DUTY PAY ACT OF 1952 AND OF THIS OFFICE WITH RESPECT TO RECITATION OF APPLICABLE FACTS REQUIRED FOR DETERMINATION OF ENTITLEMENT TO COMBAT PAY.

THE SAID STATEMENT WHEN COMPLETED IN ANY INDIVIDUAL CASE, AND SIGNED BY A PERSON HAVING A PROPER DELEGATION OF AUTHORITY, WOULD APPEAR SUFFICIENT TO MEET THE REQUIREMENTS OF THE COMBAT DUTY PAY ACT AND OF THIS OFFICE RESPECTING DETERMINATIONS OF THE FACTS RECITED THEREIN AND, IN THE ABSENCE OF OTHER OBJECTION, WILL BE SO ACCEPTED BY THIS OFFICE, IT BEING ASSUMED THAT THE REGULATIONS AND INSTRUCTIONS ISSUED TO CARRY OUT THE PROVISIONS OF SUCH ACT WILL INCLUDE, FOR READY USE BY ALL PERSONS DELEGATED TO MAKE SUCH DETERMINATIONS, THE DEFINITIONS CONTAINED IN THE ACT AS WELL AS THE OTHER STATUTORY REQUIREMENTS AND CONDITIONS FOR PAYMENT OF COMBAT PAY.

THERE IS ONE SUGGESTION THIS OFFICE HAS TO OFFER REGARDING THE WORDING OF THE PHRASE DESIGNATED "B" IN THE PROPOSED STATEMENT. IT IS BELIEVED THAT SUCH PHRASE WOULD BE IMPROVED IF IT WERE CHANGED TO READ: "FOR PERIODS OF NOT LESS THAN 6 CONSECUTIVE DAYS EACH BEGINNING IN THE PRECEDING MONTHS AND ENDING DURING THE MONTHS OF ."