B-123821, AUG. 17, 1955

B-123821, AUG. 17, 1955

TO MR. JAMES G. WOLFE:

YOUR LETTER OF APRIL 14, 1955, REQUESTS REVIEW OF SETTLEMENT DATED JANUARY 13, 1955, WHICH ALLOWED YOU THE SUM OF $40 AS REFUND OF ERRONEOUS DEDUCTION OF CLASS E ALLOTMENT FOR NOVEMBER 1950, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES ARMY, AND APPLIED SUCH AMOUNT IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $100 BECAUSE OF NONDEDUCTION OF AN AUTHORIZED CLASS E ALLOTMENT FOR NOVEMBER 1950, THEREBY REDUCING THE INDEBTEDNESS TO $60. YOU WERE ADVISED BY THE SETTLEMENT THAT THE DEPARTMENT OF THE ARMY HAS BEEN UNABLE TO FURNISH ANY EVIDENCE TO SHOW THAT YOU WERE ENTITLED TO PARACHUTE PAY FOR JULY 1950 OR NOVEMBER 1950 THROUGH MAY 1951, AND, THEREFORE, THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR PARACHUTE PAY FOR THOSE MONTHS.

THE CHIEF, SETTLEMENTS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, HAS NOW FURNISHED COPIES OF MILITARY PAY ORDERS WHICH SHOW THAT YOU WERE ENTITLED TO PARACHUTE PAY FOR THE MONTHS OF JULY 1950 THROUGH DECEMBER 1950. THUS, THE RECORD NOW SHOWS THAT YOU ARE ENTITLED TO AN ADDITIONAL $150 AS PARACHUTE PAY FOR THE MONTHS OF JULY, NOVEMBER AND DECEMBER 1950, WHICH WAS NOT CREDITED CONTEMPORANEOUSLY ON YOUR PAY RECORDS. IT WAS REPORTED THAT AN EXAMINATION OF YOUR SERVICE RECORD AND THE 201 FILE, AS WELL AS THE RETAINED RECORDS OF THE ORGANIZATIONS TO WHICH YOU WERE ASSIGNED AND THE RETAINED ACCOUNTS OF THE DISBURSING OFFICERS WHO HANDLED YOUR ACCOUNT, FAILED TO REVEAL ANY EVIDENCE TO ESTABLISH THAT YOU WERE ENTITLED TO PARACHUTE PAY FOR THE PERIOD JANUARY THROUGH MAY 1951. A THOROUGH EXAMINATION OF YOUR PAY ACCOUNT SHOWS ITEMS IN THE AGGREGATE OF $206.95 THAT SHOULD HAVE BEEN CHARGED AGAINST YOUR ACCOUNT AS FOLLOWS: THE AMOUNT OF $60 MENTIONED ON THE SETTLEMENT OF JANUARY 13, 1955; A PAYMENT OF $129 ON VOUCHER NO. 726 IN AUGUST 1950, WHICH WAS NEVER CHARGED AGAINST YOUR ACCOUNT; AN OVERPAYMENT OF $17.32 BECAUSE THE TEMPORARY PAY RECORD OPENED JANUARY 1, 1951, SHOWED THE AMOUNT CARRIED FORWARD AS $31.35 WHEREAS THE PROPER AMOUNT WAS $14.03, AND AN OVERPAYMENT OF $0.63 BECAUSE THE PAY RECORD OPENED JANUARY 1, 1952, SHOWED AN OVERPAYMENT CARRIED FORWARD FROM LAST ACCOUNT OF $32.40 WHEREAS THE PROPER AMOUNT WAS $33.03. YOUR PAY ACCOUNT ALSO REFLECTS AN UNDERPAYMENT IN THE SUM OF $9 AS FOLLOWS: AN UNDERPAYMENT OF CLOTHING MAINTENANCE ALLOWANCE IN THE AMOUNT OF $8.40 DURING THE PERIOD JULY 1, 1952, TO JANUARY 31, 1953, AND $0.60 BECAUSE THE PAY RECORD OPENED JANUARY 1, 1953, SHOWS THE AMOUNT CARRIED FORWARD AS $0.64 WHEREAS THE PROPER AMOUNT WAS $1.24.

ASIDE FROM THE ADDITIONAL PARACHUTE PAY OF $150 WHICH THE RECORD NOW SHOWS IS DUE, THE PROPER BASIS FOR COMPUTING YOUR PAY ACCOUNT FOR THE PERIOD JUNE 28, 1950, TO JANUARY 31, 1953, IS AS FOLLOWS:

TABLE:

CREDITS REENLISTMENT BONUS $ 360.00 JUNE 28, 1950, TO OCTOBER 30,

1951. PAY AS CORPORAL WITH

OVER 2 YEARS' SERVICE, 16

MONTHS, 3 DAYS AT $124.95 A

MONTH 2,011.70 OCTOBER 31, 1951, TO APRIL 30,

1952. PAY AS CORPORAL WITH

OVER 4 YEARS' SERVICE, 6 MONTHS

AT $132.30 A MONTH 793.80 MAY 1, 1952, TO JANUARY 31, 1953.

PAY AS CORPORAL WITH OVER 4 YEARS'

SERVICE, 9 MONTHS AT $137.59 A

MONTH 1,238.31 SEPTEMBER 6, 1950, TO OCTOBER 3,

1951. FOREIGN SERVICE PAY AS

CORPORAL, 12 MONTHS, 28 DAYS

AT $13 A MONTH 168.13 AUGUST 1 TO OCTOBER 31, 1950, AND

JUNE 1, TO SEPTEMBER 26, 1951.

PARACHUTE PAY, 6 MONTHS, 26 DAYS

AT $50 A MONTH 343.33 AUGUST 1, 1950, TO APRIL 30, 1952.

BASIC ALLOWANCE FOR QUARTERS

FOR DEPENDENTS, 21 MONTHS

AT $67.50 A MONTH 1,417.50 MAY 1, 1952, TO JANUARY 31, 1953.

BASIC ALLOWANCE FOR QUARTERS

FOR DEPENDENTS, 9 MONTHS

AT $77.10 A MONTH 693.90 OCTOBER 4, 1951, TO JUNE 30,

1952. CLOTHING MAINTENANCE

ALLOWANCE (STANDARD). 8 MONTHS,

27 DAYS AT $6.60 A MONTH 58.74 JULY 1, 1952, TO JANUARY 31, 1953.

CLOTHING MAINTENANCE ALLOWANCE

(STANDARD), 7 MONTHS AT $5.40 A

MONTH 37.80 AUGUST 4 TO 30, 1950. BASIC

ALLOWANCE FOR SUBSISTENCE (SEPARATE RATIONS) 27 DAYS AT $1.05 28.35 JANUARY 12 TO FEBRUARY 26, 1952,

AND AUGUST 4, 1952, TO JANUARY 31,

1953. BASIC ALLOWANCE FOR

SUBSISTENCE (SEPARATE RATIONS)

226 DAYS AT $1.20 271.20 OCTOBER 15 TO 31, 1951. BASIC

ALLOWANCE FOR SUBSISTENCE (LEAVE)

17 DAYS AT $1.05 17.85 NOVEMBER 1 TO 13, 1951, DECEMBER 23,

1951, TO JANUARY 1, 1952, AND

JUNE 21 TO JULY 20, 1952. BASIC

ALLOWANCE FOR SUBSISTENCE (LEAVE),

52 DAYS AT $1.20 62.40 MILEAGE FROM MCCHORD AIR FORCE BASE,

WASHINGTON, TO CAMP BRECKINRIDGE,

KENTUCKY, 2,482 MILES AT $0.06 A

MILE 148.92 LUMP-SUM PAYMENT FOR 30 DAYS' UNUSED

ACCRUED LEAVE AT DATE OF DISCHARGE 137.59 MONETARY ALLOWANCE IN LIEU OF

SUBSISTENCE FOR SUCH UNUSED ACCRUED

LEAVE 21.00 TRAVEL PAY ON DISCHARGE

9.00 MUSTERING-OUT PAY PAID AT TIME OF

DISCHARGE 100.00

--------- TOTAL CREDITS

$7,919.52

DEBITS

------ CLASS N (INSURANCE) ALLOTMENT,

JULY THROUGH SEPTEMBER 1950,

3 MONTHS AT $3.25 $ 9.75 CLASS N ALLOTMENT, ADVANCE

PREMIUM 3.25 CLASS N ALLOTMENT, OCTOBER 1950

THROUGH DECEMBER 1951,

15 MONTHS AT $6.50 97.50 CLASS E ALLOTMENT, SEPTEMBER

THROUGH NOVEMBER 1950,

3 MONTHS AT $100 300.00 CLASS E ALLOTMENT, DECEMBER 1950

THROUGH JANUARY 1953, 26 MONTHS

AT $40 1,040.00 CLASS E ALLOTMENT, JULY 1952

THROUGH JANUARY 1953, 7 MONTHS

AT $10 70.00 CLASS Q ALLOTMENT, NOVEMBER 1950

THROUGH JULY 1952, 21 MONTHS

AT $127.50 2,677.50 CLASS Q ALLOTMENT, AUGUST 1952

THROUGH JANUARY 1953, 6 MONTHS

AT $137.10 822.60 WITHHOLDING TAX - 1950 $122.70

1951 10.50

1952 .00

1953 21.90 155.10 REPLACING QUARTERMASTER SUPPLIES,

ARMY 13.05 DEDUCTION FOR MAINTENANCE UNITED

STATES SOLDIERS' HOME, JULY 1950

THROUGH JANUARY 1953, 31 MONTHS

AT $0.10 3.10 PAYMENTS TO SOLDIER

2,925.62 --------

TOTAL DEBITS $8,117.47

--------- AMOUNT OVERPAID

$ 197.95

THUS, AN OVERPAYMENT OF $197.95 ($206.95 LESS $9) WAS MADE IN YOUR PAY ACCOUNT FOR THE PERIOD JUNE 28, 1950, TO JANUARY 31, 1953, AS EXPLAINED ABOVE. AFTER APPLYING THE ADDITIONAL PARACHUTE PAY OF $150 DUE YOU FOR THE MONTHS OF JULY, NOVEMBER AND DECEMBER 1950 IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS, IT WILL BE SEEN THAT THE BALANCE OF YOUR INDEBTEDNESS TO THE UNITED STATES AMOUNTS TO $47.95 RATHER THAN $60 AS STATED IN THE SETTLEMENT OF JANUARY 13, 1955, AND THE RECORDS WILL BE ADJUSTED ACCORDINGLY.

IN A LETTER DATED DECEMBER 29, 1954, TO THE HONORABLE CECIL M. HARDEN, HOUSE OF REPRESENTATIVES, YOU SAY THAT YOU PERFORMED PARACHUTE JUMPS ON JUNE 28, JULY 21, AUGUST 24 AND OCTOBER 21, 1950, AND YOU CONTEND THAT ON THE BASIS OF THOSE FOUR JUMPS YOU ARE ENTITLED TO PARACHUTE PAY FROM JUNE 1, 1950, TO MAY 31, 1951, UNDER A REGULATION WHICH PERMITTED A MEMBER TO PERFORM FOUR JUMPS A YEAR TO QUALIFY FOR PARACHUTE PAY FOR THE ENTIRE YEAR. IT APPEARS THAT YOU HAVE REFERENCE 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 CALENDER 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 UNABLE TO MEET JUMP REQUIREMENTS OF ONE OR MORE JUMPS DURING A THREE-MONTH PERIOD. THE REGULATION SPECIFICALLY PROVIDES THAT "THE 12 MONTH PERIOD DOES NOT COMMENCE UNTIL 1 SEPTEMBER 1950 IN ANY CASE.' THE CERTIFICATE REQUIRED BY SUCH REGULATION HAS NOT BEEN FURNISHED IN CONNECTION WITH YOUR CLAIM. IF SUCH A CERTIFICATE COULD NOW BE FURNISHED, HOWEVER, SUCH REGULATION WOULD FORM NO BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM FOR THE MONTHS OF JANUARY THROUGH MAY 1951, BECAUSE THREE OF THE JUMPS UPON WHICH YOUR CLAIM IS BASED WERE PERFORMED PRIOR TO THE DATE THE REGULATION BECAME OPERATIVE.