B-153957, MAY 26, 1964
Highlights
COLEMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29. YOU WERE PLACED ON PARACHUTE STATUS AND THAT YOUR ORDERS REMAINED IN EFFECT FOLLOWING THE TRANSFER OF YOUR ORGANIZATION TO FORT GULICK. YOU WERE PERMITTED TO PROCEED ON OR ABOUT SEPTEMBER 12. DURING THE PERIOD YOU WERE AUTHORIZED TO BE ON TEMPORARY DUTY AT OMAHA. AT FRANCE FIELD AND THAT YOU HAVE BEEN PAID PARACHUTE PAY FOR FEBRUARY. YOUR CLAIM FOR PARACHUTE PAY FOR THE MONTHS OF NOVEMBER AND DECEMBER 1962 AND JANUARY 1963 WAS DISALLOWED FOR THE REASON THAT YOUR DUTY AT THE UNIVERSITY OF OMAHA FOR THE PURPOSE OF FULFILLING REQUIREMENTS FOR A DEGREE IN ECONOMICS WAS CLEARLY NOT COMPARABLE TO DUTY ASSIGNMENT WITH AN AIRBORNE UNIT AS REQUIRED BY PARAGRAPH 2-14C (2) (B) OF AR 37-104.
B-153957, MAY 26, 1964
TO CAPTAIN RONALD R. COLEMAN:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 29, 1964, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 11, 1964, WHICH DISALLOWED YOUR CLAIM FOR PARACHUTE PAY FOR THE PERIOD NOVEMBER 1, 1962, THROUGH JANUARY 31, 1963.
THE DEPARTMENT OF THE ARMY REPORTED THAT EFFECTIVE NOVEMBER 28, 1959, YOU WERE PLACED ON PARACHUTE STATUS AND THAT YOUR ORDERS REMAINED IN EFFECT FOLLOWING THE TRANSFER OF YOUR ORGANIZATION TO FORT GULICK, CANAL ZONE, IN JULY 1962. BY PERMISSIVE TRAVEL ORDERS DATED JULY 6, 1962, YOU WERE PERMITTED TO PROCEED ON OR ABOUT SEPTEMBER 12, 1962, TO THE UNIVERSITY OF OMAHA, OMAHA, NEBRASKA, ON TEMPORARY DUTY FOR APPROXIMATELY 184 DAYS FOR THE PURPOSE OF FULFILLING REQUIREMENTS OFA DEGREE. YOU STATE THAT YOU PERFORMED A PARACHUTE JUMP ON AUGUST 21, 1962, AT FRANCE FIELD, CANAL ZONE, WHICH QUALIFIED YOU FOR PARACHUTE PAY FOR THE MONTHS OF AUGUST, SEPTEMBER AND OCTOBER 1962. YOU FURNISHED A COPY OF DA FORM 1306 EVIDENCING YOUR PERFORMANCE OF A PARACHUTE JUMP AT FORT BRAGG, NORTH CAROLINA, ON DECEMBER 20, 1962, DURING THE PERIOD YOU WERE AUTHORIZED TO BE ON TEMPORARY DUTY AT OMAHA. YOU FURTHER STATED THAT YOU PERFORMED A PARACHUTE JUMP ON APRIL 2, 1963, AT FRANCE FIELD AND THAT YOU HAVE BEEN PAID PARACHUTE PAY FOR FEBRUARY, MARCH AND APRIL 1963. YOUR CLAIM FOR PARACHUTE PAY FOR THE MONTHS OF NOVEMBER AND DECEMBER 1962 AND JANUARY 1963 WAS DISALLOWED FOR THE REASON THAT YOUR DUTY AT THE UNIVERSITY OF OMAHA FOR THE PURPOSE OF FULFILLING REQUIREMENTS FOR A DEGREE IN ECONOMICS WAS CLEARLY NOT COMPARABLE TO DUTY ASSIGNMENT WITH AN AIRBORNE UNIT AS REQUIRED BY PARAGRAPH 2-14C (2) (B) OF AR 37-104. IN YOUR LETTER OF MARCH 29, 1964, YOU CONTEND THAT EXAMPLE (A) OF PARAGRAPH 2-14C (2) RATHER THAN EXAMPLE (B) APPLIES TO YOUR CASE.
PARAGRAPH 2-10 OF AR 37-104, PROVIDES:
"PARACHUTE JUMPS MUST BE PERFORMED WHILE THE MEMBER IS ON PARACHUTE DUTY. PARACHUTE JUMPS PERFORMED WHILE A MEMBER IS ON LEAVE, PERMANENT CHANGE OF STATION, OR TEMPORARY DUTY WITH A UNIT OTHER THAN THOSE LISTED IN 2-2B ABOVE MAY NOT BE CONSIDERED AS QUALIFYING JUMPS IN DETERMINING A MEMBER'S ENTITLEMENT TO PARACHUTE PAY (SEE MS. COMP. GEN. B-112720, 3 FEB. 1953). PERFORMANCE OF PARACHUTE JUMPS FOR PROFICIENCY PURPOSES IS NOT CONSIDERED PARACHUTE DUTY IN DETERMINING ENTITLEMENT TO PARACHUTE PAY.'
UNDER THE ABOVE-QUOTED REGULATIONS AND PARAGRAPH 2-14C (2) (A) OF SUCH REGULATIONS ON WHICH YOU RELY, A MEMBER IS NOT ENTITLED TO PARACHUTE PAY FOR A PARACHUTE JUMP PERFORMED WHILE ON TEMPORARY DUTY UNLESS HE IS "ON PARACHUTE DUTY" DURING THE PERIOD OF TEMPORARY DUTY AND HE CANNOT BE IN A PARACHUTE DUTY STATUS DURING THAT PERIOD UNLESS TEMPORARY DUTY IS PERFORMED WITH A MILITARY UNIT LISTED IN PARAGRAPH 2 2B OF THE CITED REGULATIONS. SINCE IT SEEMS CLEAR THAT YOU WERE ON TEMPORARY DUTY WITH NO MILITARY UNIT DURING THE TEMPORARY DUTY PERFORMED AT THE UNIVERSITY OF OMAHA FOR THE PURPOSE OF FULFILLING THE REQUIREMENTS FOR A DEGREE IN ECONOMICS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.