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B-185426 1 (1977-11-21)

handle is hein.gao/gaobadfgk0001 and id is 1 raw text is: I -'V * THE COMPTROLLER ~ OF THE1 UNITE! WASHINGTON. ITI A-W J.L03JEAL c- .0A49 Ito 1~~ 0~ 'a.' .4. C MATTER OF: Major Pedro J. A cevedo Torreb, USAR DIGEST: Army Reserve member's claim of entitlement to administrative function pay for period September 3, 1958, to February 14, 1965, during which period the regulations required con- temporaneous affirmation on quarterly gayroll that member actually performed required duties, was previously denied since such payroll affirmation was not made. It has now been de'ermined that during the whole period of the membei 's claim the TO&E of the 369th Station Hospital to which he was assigned as Complement Commander did not recog- nize the Complement or any other part of the organization as a separate unit. Thus, the official responsibility for and control of the administrative func- tion of the Complement remaincd with the 369th, and the member did not command a separate unit for which pay- ment of administrative function pay is authorized. This action is in response to letters dated October 13, 1976, and February 22, 1977, from Ismael Cardona, Esq., on behalf of Major Pedro J. Acevedo Torres, USAR, requesting reconsideration nf our decision B-185426, September 21, 1976, which disallowed his claim for administrative function pay for the period September 5, 1958, to Deuember 31, 1968, as Complement Commander of, among other units, the 369th 'tation Hospital (300B) MSC-USAR, San Juan, Puerto Rico. In that decision, we stated that the member's entitlement to administrative function pay was dependent upon whether the require- ments of Army Regulation (AR) 37-104, in effect during the period in question, were satisfied. Paragraph 20-46 of the 1957 edition of AR 37-104 (which was 'L effect until February 14, 1965), provides that eligibility for admi-istrative function pay is dependent upon the r I fECISION FILE: B-1854 DATE: November 21, 19n 'a' I 26

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