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B-186639 1 (1976-09-01)

handle is hein.gao/gaobadvjl0001 and id is 1 raw text is: 3 THE COMPTROLLER GENERAL 38 DECISION . OF THE UNITED STATES _ ' . , W A S H I N G T O N , EDI . C - 2 013 5 4 8 FILE: B-IS6O39 DATE: -SEP 1 1976 -1 MATTER OF: DOIGEST: The Claim of a former member of the Air Force for lost ivilia earnings and prOmotion in his civillan job and lost flight trainthg incident to his medical diseirlment from Air Force flight trainirg due to exoess height, is not legplly payable. Further, the claim does not Contain the recuisite elements which wold wrrant submission to the Comgress for consideration under -- the Merltorious Claims Act of 1928. This is is response to a letter dated May 21, 1976, from Colonel Wflam- A. Martin, UTSAF, Chief, Claims and Tort Litigatio. Dvision Ofice of he Judge Advocate General, United --_ States Air Force. transmitting for our con4ideration the claim _____ of . a former enlisted member (officer trainee) in the Air Force, under the proyio4ions of the Meritorious Claims Act of 1928, 31 U. S.C. 236 N1970), arising from his medical disqualificatIon for flight training and subse- -- quent disehargo fr=m the Ufted States Air Force. The claim - i for $2,, 00 in lost civilia earnings and promotion and $8* 000 --_._ for lost flight tr-Aiig,. The record indicLtes that in anuary 1975, prior to entry on active duty, M. was given a flight physical examinatlon _ by the Air Force and found qualified for flying. During the physical, he w4 measured for height in the standing position _ only, In August of 1075 he was selected for navigator traiing and In October of ISV5 he entered the Air Force Reserves on a A delayed enlistment program. On October 31, 1975, he took a leave of absence from his civiliat employment. to cotection r with his entry into the- Reserve program, he was given an addi- tionml physical. He again was Measu_ for height W the standi-g positicm only. On December 8# 1975, he was placed on active _- - duty In the Air Force and was given a third physical examination. A ,Again he was only given the height measurements in a standing Position. Following his enlistment he was ordered to San Antonio, Texas, for Officer Training School (CTS) and was given an additional ta ~........... .... .....,.................. ...... .S: . . ..,,::4 .':7 : .,Y .:'T ? ' ,/7 ;: 7.: Q _:... .

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