Skip to main content

B-120060, AUG. 19, 1955

B-120060 Aug 19, 1955
Jump To:
Skip to Highlights

Highlights

HARPER: REFERENCE IS MADE TO YOUR LETTER OF APRIL 15. BY WHICH YOU WERE ALLOWED THE AMOUNT OF $50 AS INCENTIVE PAY FOR PARACHUTE DUTY FOR THE MONTH OF JUNE 1951 INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN. YOU WERE ADVISED THAT THE EVIDENCE OF RECORD AS FURNISHED BY THE DEPARTMENT OF ARMY FAILS TO SHOW THAT YOU MET THE REQUIREMENTS FOR SUCH PAY FOR THE MONTH OF JULY 1951. IN VIEW OF YOUR INSISTENCE IN THE MATTER THE ADJUTANT GENERAL OF THE ARMY WAS ADVISED OF THE INFORMATION REGARDING THE JUMPS UPON WHICH YOU BASE YOUR CLAIM. A FURTHER REPORT WAS REQUESTED CONCERNING YOUR RIGHT TO PARACHUTE PAY WITH PARTICULAR REFERENCE TO THE MONTH OF JULY 1951. IN RESPONSE IT WAS REPORTED THAT THE RECORD SHOWS THAT YOU QUALIFIED FOR DUTY AS A PARACHUTIST ON DECEMBER 6.

View Decision

B-120060, AUG. 19, 1955

TO MR. WARREN W. HARPER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1954, AND SUBSEQUENT CORRESPONDENCE, REGARDING SETTLEMENT OF MARCH 23, 1954, BY WHICH YOU WERE ALLOWED THE AMOUNT OF $50 AS INCENTIVE PAY FOR PARACHUTE DUTY FOR THE MONTH OF JUNE 1951 INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES ARMY, AND YOU WERE ADVISED THAT THE EVIDENCE OF RECORD AS FURNISHED BY THE DEPARTMENT OF ARMY FAILS TO SHOW THAT YOU MET THE REQUIREMENTS FOR SUCH PAY FOR THE MONTH OF JULY 1951.

IN YOUR REQUEST FOR REVIEW YOU REITERATE YOUR CONTENTION THAT YOU PERFORMED SUFFICIENT JUMPS TO QUALIFY FOR THE MONTHS OF JUNE AND JULY 1951 AND YOU ENUMERATE THE JUMPS YOU CONTEND YOU PERFORMED BETWEEN JUNE 1950 AND MARCH 1952.

IN VIEW OF YOUR INSISTENCE IN THE MATTER THE ADJUTANT GENERAL OF THE ARMY WAS ADVISED OF THE INFORMATION REGARDING THE JUMPS UPON WHICH YOU BASE YOUR CLAIM, AS FURNISHED IN YOUR LETTERS, AND A FURTHER REPORT WAS REQUESTED CONCERNING YOUR RIGHT TO PARACHUTE PAY WITH PARTICULAR REFERENCE TO THE MONTH OF JULY 1951. IN RESPONSE IT WAS REPORTED THAT THE RECORD SHOWS THAT YOU QUALIFIED FOR DUTY AS A PARACHUTIST ON DECEMBER 6, 1948, PURSUANT TO PARAGRAPH 1, SPECIAL ORDERS NO. 126, HEADQUARTERS, 11TH AIRBORNE INFANTRY, APO 468, BUT THAT OFFICIAL WAS UNABLE TO FURNISH ANY EVIDENCE TO ESTABLISH YOUR RIGHT TO PARACHUTE PAY FOR JULY 1951. MOREOVER, IT WAS CLEARLY INDICATED THAT AN EXAMINATION OF YOUR SERVICE RECORD, AS WELL AS THE MORNING REPORTS AND RETAINED RECORDS OF THE ORGANIZATIONS TO WHICH YOU WERE ASSIGNED, FAILS TO REVEAL ANY EVIDENCE TO SHOW YOU WERE ENTITLED TO SUCH PAY FOR THE MONTH OF JULY 1951. EXAMINATION WAS ALSO MADE OF YOUR PAY ACCOUNTS FOR ANY INFORMATION WHICH MIGHT SUPPORT YOUR CLAIM WITH NEGATIVE RESULTS. SUCH EXAMINATION SHOWED,HOWEVER, THAT ON VOUCHER NO. 6147, MAY 1949 ACCOUNT OF T. W. WEISS, REPRESENTING YOUR APRIL 1949 PAYROLL, YOU WERE PAID PARACHUTE PAY FOR THE MONTHS OF FEBRUARY AND MARCH 1949, AND THAT ON VOUCHER NO. 6647, JUNE 1949 ACCOUNT OF T. W. WEISS, REPRESENTING YOUR MAY 1949 PAYROLL, YOU WERE PAID PARACHUTE PAY FOR THE MONTHS OF MARCH, 1949, AND THAT ON VOUCHER NO. 6647, JUNE 1949 ACCOUNT OF T. W. WEISS, REPRESENTING YOUR MAY 1949 PAYROLL, YOU WERE PAID PARACHUTE PAY FOR THE MONTHS OF MARCH, APRIL AND MAY 1949. THE DUPLICATE PAYMENT OF PARACHUTE PAY FOR THE MONTH OF MARCH 1949 ON VOUCHERS NOS. 6147 AND 6647, OF COURSE, RESULTED IN AN ERRONEOUS PAYMENT OF $50. HENCE, THE RECORD NOW SHOWS THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $50 BECAUSE OF ERRONEOUS PAYMENT OF PARACHUTE PAY.

IN THE PRESENTATION OF YOUR CLAIM YOU FURNISHED A CERTIFICATE DATED DECEMBER 19, 1952, OF THE ADJUTANT, HEADQUARTERS, 188TH AIRBORNE INFANTRY REGIMENT, FORT CAMPBELL, KENTUCKY, THAT HE HAD PERSONAL KNOWLEDGE THAT YOU PERFORMED A JUMP AT TAEGU, KOREA, ON OR ABOUT APRIL 18, 1951, WHICH WAS ACCEPTED AS ESTABLISHING THAT YOU WERE ENTITLED TO PARACHUTE PAY FOR JUNE 1951, THE LAST MONTH OF THE THREE-MONTH PERIOD IN WHICH THE JUMP WAS PERFORMED, AND YOU WERE ALLOWED THE AMOUNT OF $50 BY THE SETTLEMENT OF MARCH 23, 1954, ON THAT BASIS. THE AMOUNT ALLOWED, HOWEVER, SHOULD HAVE BEEN APPLIED IN LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES.

YOUR REFERENCE TO A REGULATION WHICH PERMITTED A MEMBER TO PERFORM FOUR JUMPS A YEAR TO QUALIFY FOR PARACHUTE PAY FOR THE ENTIRE YEAR APPEARS TO PERTAIN TO PARAGRAPH 13, ARMY REGULATIONS 35-1250, DATED JULY 20, 1951, EFFECTIVE SEPTEMBER 1, 1950, WHICH PERMITTED A MEMBER TO COMPLY WITH THE MINIMUM JUMP REQUIREMENTS BY PERFORMING FOUR JUMPS DURING A PERIOD OF 12 CONSECUTIVE CALENDAR MONTHS IF HIS COMMANDING OFFICER CERTIFIES THAT "ON ACCOUNT OF THE ABSENCE OF JUMP EQUIPMENT OR AIRCRAFT OR ON ACCOUNT OF MILITARY OPERATIONS OF THE PARTICULAR COMMAND" THE MEMBER WAS UUNABLE TO MEET THE JUMP REQUIREMENTS OF ONE OR MORE JUMPS DURING THREE CONSECUTIVE MONTHS. THERE IS NOTHING IN THE RECORD TO INDICATE THAT SUCH REGULATION IS APPLICABLE IN YOUR CASE. ON THE CONTRARY, YOU NOW SAY THAT YOU "DIDN-T HAVE MUCH OF A CHANCE TO JUMP IN JULY" BECAUSE YOU HAD JUST RETURNED TO THE ZONE OF INTERIOR AND WERE GOING TO A HOSPITAL. IN SUCH CIRCUMSTANCES THE REGULATIONS MAKE NO EXCEPTION TO THE REQUIREMENT THAT A JUMP BE PERFORMED DURING ANY THREE CONSECUTIVE MONTHS IN ORDER THAT THE MEMBER QUALIFY FOR PARACHUTE PAY FOR THOSE MONTHS.

ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE THIS OFFICE THERE IS NO AUTHORITY TO CREDIT YOU WITH PARACHUTE PAY FOR THE MONTH OF JULY 1951 AND THAT PORTION OF THE SETTLEMENT OF MARCH 23, 1954, WHICH DENIED SUCH CLAIM IS SUSTAINED. SINCE THE RECORD NOW SHOWS THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $50 BECAUSE OF ERRONEOUS PAYMENT OF PARACHUTE PAY, YOU SHOULD FORWARD A CHECK OR MONEY ORDER IN THAT AMOUNT PAYABLE TO THE TREASURER OF THE UNITED STATES TO LIQUIDATE YOUR INDEBTEDNESS.

REGARDING THE STATEMENT IN YOUR LETTER OF JUNE 6, 1955, THAT YOU HAVE BEEN NOTIFIED THAT YOU HAVE SOME "LEAVE PAY" DUE, YOU ARE ADVISED THAT OUR RECORDS DO NOT DISCLOSE ANY CORRESPONDENCE WITH YOU CONCERNING SUCH MATTER.

THE ENCLOSURES WHICH ACCOMPANIED YOUR LETTER OF APRIL 15, 1954, ARE RETURNED AS REQUESTED.

GAO Contacts

Office of Public Affairs