B-131197, MAY 6, 1957

B-131197, MAY 6, 1957

TO MASTER SERGEANT CARLOS GARZA:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19, 1957, WITH ENCLOSURES, REGARDING YOUR CLAIM FOR INCENTIVE PAY FOR DEMOLITION DUTY PERFORMED FROM APRIL 1948 TO APRIL 1951. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 29, 1953. THE PORTION COVERING THE PERIOD FROM APRIL 1948 THROUGH SEPTEMBER 30, 1949, WAS DISALLOWED FOR THE REASON THAT THERE WAS NO AUTHORITY FOR INCENTIVE PAY FOR DEMOLITION DUTY PRIOR TO OCTOBER 1, 1949, THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802. THE REMAINING PORTION OF THE CLAIM COVERING THE PERIOD FROM OCTOBER 1, 1949, UNTIL APRIL 1951, WAS DISALLOWED IN THE ABSENCE OF OFFICIAL RECORDS ESTABLISHING YOUR RIGHT TO RECEIVE SUCH PAY.

IT NOW APPEARS FROM PARAGRAPH 3, SPECIAL ORDERS NO. 199, HEADQUARTERS, UNITED STATES ARMY, EUROPE, APO 403, DATED NOVEMBER 6, 1956, CONFIRMING VERBAL ORDERS OF THAT COMMAND, THAT YOU WERE ASSIGNED TO DEMOLITION DUTY EFFECTIVE OCTOBER 1, 1949, AND RELEASED FROM SUCH DUTY "APR 51.' ALSO, IT APPEARS FROM SEVERAL CERTIFICATES EXECUTED BY VARIOUS OFFICERS WHO AT THE TIME INVOLVED WERE MEMBERS OF YOUR ORGANIZATION, THAT YOU ACTUALLY PERFORMED DEMOLITION DUTIES WITH THE PIONEER AND AMMUNITION PLATOON OF HEADQUARTERS COMPANY, 2ND BATTALION, 16TH INFANTRY REGIMENT, 1ST INFANTRY DIVISION, FROM OCTOBER 1, 1949, UNTIL APRIL 1951; THAT YOU WERE ASSIGNED TO THE UNIT AS A SQUAD LEADER AND PERFORMED DEMOLITION DUTY AS A PRIMARY DUTY; AND THAT AMONG THOSE DUTIES YOU DISARMED DUDS, ANTI-TANK MINES, AND OTHER EXPLOSIVES THAT FAILED TO EXPLODE. IN THE CIRCUMSTANCES, SUCH EVIDENCE WILL BE ACCEPTED AS ESTABLISHING THAT YOU PERFORMED DEMOLITION DUTY AS A PRIMARY DUTY, PURSUANT TO COMPETENT ORDERS, DURING THE PERIOD INVOLVED.

IT APPEARS FROM COPIES OF YOUR MILITARY PAY RECORDS ON FILE HERE THAT YOU WERE IN A "SAVED PAY" STATUS UNDER SECTION 515 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 831, FOR THE PERIOD FROM OCTOBER 1, 1949, THROUGH MARCH 15, 1950, WHEN YOU WERE PROMOTED TO SERGEANT FIRST CLASS EFFECTIVE MARCH 16, 1950. THAT IS, FOR SUCH PERIOD YOU WERE PAID AT THE RATES IN EFFECT ON SEPTEMBER 30, 1949, RATHER THAN AT THE RATES ESTABLISHED BY THE CAREER COMPENSATION ACT OF 1949, EFFECTIVE OCTOBER 1, 1949, SINCE THE AMOUNT YOU WOULD HAVE RECEIVED UNDER THE 1949 ACT--- NOT INCLUDING INCENTIVE PAY FOR DEMOLITION DUTY--- WAS LESS THAN THE AMOUNT YOU WERE ENTITLED TO RECEIVE, INCLUDING THE GOVERNMENT'S CONTRIBUTION OF $118 A MONTH FOR FAMILY ALLOWANCE, UNDER THE LAWS IN EFFECT IMMEDIATELY PRIOR TO ENACTMENT OF THE 1949 ACT.

INCENTIVE PAY FOR DEMOLITION DUTY, AUTHORIZED BY THE CAREER COMPENSATION ACT OF 1949, MAY NOT BE ALLOWED IN ADDITION TO THE AMOUNT YOU RECEIVED ON A SAVED-PAY BASIS UNDER THE PRIOR LAWS. YOUR PAY, HOWEVER, WILL BE RECOMPUTED UNDER THE 1949 ACT, INCLUDING THE AMOUNT DUE AS INCENTIVE PAY, AND IN A SETTLEMENT TO FOLLOW YOU WILL BE ALLOWED ANY AMOUNT DUE IN EXCESS OF THE AMOUNT YOU RECEIVED ON A SAVED PAY BASIS. SUCH SETTLEMENT ALSO WILL INCLUDE THE AMOUNT OF INCENTIVE PAY DUE FOR THE PERIOD FROM MARCH 16, 1950, UP TO APRIL 1951.

THE DISALLOWANCE OF YOUR CLAIM FOR THE PERIOD FROM APRIL 1948, THROUGH SEPTEMBER 30, 1949, PRIOR TO THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, BEING OBVIOUSLY CORRECT, IS SUSTAINED.