B-136573, JUL. 17, 1958

B-136573, JUL. 17, 1958

TO MR. BLAS SARGADO:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 20, 1958, WITH ENCLOSURES, REFERRED HERE BY THE DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR COMBAT INFANTRYMAN BADGE PAY INCIDENT TO YOUR ENLISTED SERVICE IN THE ARMY OF THE UNITED STATES DURING THE PERIOD JUNE 2, 1945, TO JUNE 30, 1946.

YOUR CLAIM FOR SUCH PAY INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 9, 1950, OF OUR CLAIMS DIVISION FOR THE REASON THAT THE ORDER ANNOUNCING THE AWARD IN YOUR CASE WAS ISSUED ON A DATE SUBSEQUENT TO YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES AND MADE NO PROVISION FOR RETROACTIVE PAY. THERE WAS ENCLOSED WITH YOUR LETTER OF MARCH 20, 1958, A COPY OF GENERAL ORDERS NO. 17, DATED AUGUST 20, 1946, HEADQUARTERS, BASE M, UNITED STATES ARMY FORCES WESTERN PACIFIC, ANNOUNCING THE AWARD OF THE COMBAT INFANTRYMAN BADGE TO CERTAIN ENLISTED MEMBERS OF THE ARMY OF THE UNITED STATES FOR COMBAT DUTY WHILE MEMBERS OF THE PHILIPPINE SCOUTS AND AUTHORIZING PAYMENT OF COMBAT INFANTRYMAN BADGE PAY TO VARIOUS RETROACTIVE DATES. YOU CONTEND THAT SINCE YOU SERVED IN THE PHILIPPINE SCOUTS WITH CERTAIN OF THE PERSONS NAMED IN GENERAL ORDERS NO. 17, YOU SHOULD BE ENTITLED TO THE ALLOWANCE OF YOUR CLAIM.

THE OFFICIAL RECORDS SHOW THAT YOU SERVED IN THE ARMY OF THE UNITED STATES FROM JUNE 2, 1945, TO JUNE 30, 1946, AND THAT PRIOR TO SUCH PERIOD YOU WERE AN ENLISTED MEMBER OF THE PHILIPPINE SCOUTS. YOU WERE AWARDED THE COMBAT INFANTRYMAN BADGE BY ORDER OF THE ADJUTANT GENERAL'S OFFICE, DEPARTMENT OF THE ARMY, DATED MAY 27, 1947, FOR SATISFACTORY PERFORMANCE OF DUTY IN GROUND COMBAT AGAINST THE ENEMY WHILE ATTACHED OR ASSIGNED TO THE 43RD INFANTRY (PHILIPPINE SCOUTS). THE ORDER ALSO PROVIDED THAT THE EFFECTIVE DATE FOR PAY PURPOSES "IS NOT APPLICABLE.'

PAYMENT OF THE COMBAT INFANTRYMAN BADGE PAY PROVIDED FOR BY THE ACT OF JUNE 30, 1944, 58 STAT. 648, WAS, BY THE TERMS OF THAT ACT, RESTRICTED TO PERSONS ENTITLED TO WEAR THE COMBAT INFANTRYMAN BADGE UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR. THE REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR RELATING TO ADDITIONAL PAY TO ENLISTED MEN AWARDED SUCH BADGE, IN EFFECT ON THE DATE OF THE ORDER ANNOUNCING THE AWARD TO YOU, WERE CONTAINED IN AR-35-1510, DATED OCTOBER 10, 1946, EFFECTIVE JANUARY 1, 1947, AND PARAGRAPH 3 OF THE REGULATIONS PROVIDED THAT THE EFFECTIVE DATE OF ADDITIONAL INFANTRYMAN BADGE PAY WOULD BE THE DATE OF THE ORDER ANNOUNCING THE BADGE AWARD, UNLESS AN EARLIER SPECIFIC EFFECTIVE DATE WAS STATED IN THE ORDER.

SINCE THE AWARD TO YOU OF THE COMBAT INFANTRYMAN BADGE WAS DATED MAY 27, 1947, AND DID NOT STATE AN EARLIER SPECIFIC EFFECTIVE DATE, SUCH ORDER FOR THE PURPOSE OF PAY, WAS NOT EFFECTIVE FOR ANY PERIOD PRIOR TO MAY 27, 1947.