B-170445, SEP. 9, 1970

B-170445, SEP. 9, 1970

PARACHUTE PAY SETTLEMENT DATED JULY 30, 1954, IS SUSTAINED WHICH ALLOWED $150 AS PARACHUTE PAY FOR PERIOD, FEBRUARY TO APRIL 1951, INCIDENT TO SERVICES IN THE U.S. ARMY. FORMER UNIFORMED SERVICE MEMBER WHO CLAIMS PARACHUTE PAY AS ENLISTED MEMBER OF THE U.S. ARMY, ON BASIS THAT HE MET THE PARACHUTE JUMP REQUIREMENTS FOR MARCH 12, 1952, IS DENIED CLAIM ON BASIS THAT THE RECORD DOES NOT SUBSTANTIATE ANY PARACHUTE JUMPS FOR PERIOD CLAIMED. ACCORDINGLY, SINCE THE MEMBER RECEIVED ALL PAY AND ALLOWANCES DUE, IN SETTLEMENT OF JULY 30, 1954, CLAIM IS DISALLOWED.

TO MR. ELIAS B. GONZALES:

FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION, POSTMARKED JULY 1, 1970, ENCLOSING A COPY OF A CERTIFICATE OF SETTLEMENT BY OUR CLAIMS DIVISION DATED JULY 30, 1954, WHICH ALLOWED YOU $150 AS PARACHUTE PAY FOR THE PERIOD FROM FEBRUARY 1951 THROUGH APRIL 1951, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY.

YOU NOTED ON THE CERTIFICATE OF SETTLEMENT THAT ALL YOU RECEIVED WAS $150, WITH A STATEMENT THAT "FROM JAN 51 TO MAR 52 NO JUMP PAY AND PART OF BASE PAY PLEASE CHECK."

THE CERTIFICATE OF SETTLEMENT DATED JULY 30, 1954, ISSUED ON YOUR CLAIM OF MAY 27, 1951, FOR PARACHUTE PAY AND YOUR PRESENT COMMUNICATION WILL BE REGARDED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE SETTLEMENT WAS BASED ON THE RECORD FURNISHED BY THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, WHICH INCLUDED PHOTOSTATIC COPIES OF YOUR PAY RECORDS FROM JANUARY 1, 1950, THROUGH DATE OF DISCHARGE, MAY 14, 1952. THE PAY RECORDS DISCLOSED THAT YOU MET PARACHUTE JUMP PAY REQUIREMENTS FROM JANUARY 1950 THROUGH OCTOBER 1951 AND THAT YOU HAD BEEN PAID INCENTIVE PAY FOR PARACHUTE DUTY FOR THAT ENTIRE PERIOD WITH THE EXCEPTION OF THE MONTHS OF FEBRUARY, MARCH AND APRIL, 1951. WHILE YOU SAID THAT YOU HAD MADE A JUMP ON MARCH 12, 1952, WHILE YOU WERE AT FORT BRAGG, NORTH CAROLINA, THE ARMY PERSONNEL AUTHORITIES REPORTED THAT NO RECORD HAD BEEN FOUND OF ANY PARACHUTE JUMPS PERFORMED BY YOU AFTER JANUARY 1, 1952. THE SETTLEMENT THEREFORE ALLOWED YOU PAY FOR PARACHUTE DUTY AT $50 PER MONTH FOR THE THREE MONTHS' PERIOD, FEBRUARY THROUGH APRIL 1951 FOR WHICH YOU HAD QUALIFIED BUT HAD NOT BEEN PAID.

REGARDING YOUR PRESENT COMMENT ABOUT PART OF BASE PAY, YOUR PAY RECORDS SHOW THAT YOU WERE PAID ALL THE PAY DUE YOU FOR YOUR MILITARY SERVICE WITH THE EXCEPTION OF THE PARACHUTE PAY ALLOWED YOU BY THE SETTLEMENT OF JULY 30, 1954. HOWEVER, EVEN IF ANY BASE PAY REMAINED DUE YOU UPON DISCHARGE, CONSIDERATION OF A CLAIM THEREFORE IS BARRED UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 43 STAT. 1061, 31 U.S.C. 71A (COPY ENCLOSED), WHICH ACT BARS CONSIDERATION OF CLAIMS NOT RECEIVED IN THIS OFFICE WITHIN TEN FULL YEARS FROM DATE OF ACCRUAL. YOUR CLAIM FOR SUCH PAY ACCRUED AT DATE OF DISCHARGE MAY 14, 1952, MORE THAN 18 YEARS PRIOR TO THE RECEIPT OF YOUR PRESENT COMMUNICATION.

UNDER APPLICABLE ARMY REGULATIONS, TO BE ELIGIBLE FOR INCENTIVE PAY FOR PARACHUTE DUTY, ENLISTED MEMBERS WHO WERE ASSIGNED TO PARACHUTE DUTY, WERE REQUIRED TO PERFORM ONE OR MORE PARACHUTE JUMPS FROM AN AIRCRAFT IN FLIGHT DURING ANY THREE CONSECUTIVE CALENDAR MONTHS. CREDIT ENTRIES ON THE MILITARY PAY RECORDS WERE TO BE SUBSTANTIATED BY CERTIFICATES INDICATING THAT THE PARACHUTE REQUIREMENTS WERE MET. THE NOTATIONS CONTAINED IN THE PAY RECORDS FOR THE PERIOD UNDER CONSIDERATION SUPPORT THE ARMY REPORT THAT NO JUMPS WERE PERFORMED AFTER JANUARY 1, 1952, IN THAT THEY SHOW THAT PARACHUTE PAY REQUIREMENTS WERE MET ONLY UP TO OCTOBER 31, 1951. IN THE ABSENCE OF SOME OFFICIAL EVIDENCE THAT PARACHUTE JUMPS WERE MADE AFTER JANUARY 1, 1952, THERE IS NO LEGAL AUTHORITY FOR THE PAYMENT OF ANY ADDITIONAL PARACHUTE PAY TO YOU.

ACCORDINGLY, ON THE PRESENT RECORD YOU HAVE BEEN PAID ALL THE PAY AND ALLOWANCES DUE YOU FOR YOUR MILITARY SERVICE AND THE SETTLEMENT OF JULY 30, 1954, IS SUSTAINED.