Skip to main content

B-111704, NOVEMBER 30, 1962, 42 COMP. GEN. 266

B-111704 Nov 30, 1962
Jump To:
Skip to Highlights

Highlights

PAY - SUBMARINE DUTY - ERRONEOUS PAYMENTS CREW MEMBERS WHO HAVE UNBROKEN PERIODS OF COMBINED TEMPORARY ADDITIONAL DUTY AND AUTHORIZED LEAVE AWAY FROM THEIR PERMANENT DUTY ON BOARD SUBMARINES. ARE ENTITLED TO INCENTIVE PAY FOR A LEAVE PERIOD NOT EXCEEDING 30 DAYS IF IN A SUBMARINE PAY STATUS WHEN THE LEAVE BEGINS. A MEMBER WHOSE LESS THAN 30 DAYS' AUTHORIZED LEAVE FOLLOWS MORE THAN 15 DAYS TEMPORARY ADDITIONAL DUTY MAY NOT HAVE INCENTIVE PAY FOR THE PERIOD OF THE LEAVE. A MEMBER WHOSE LESS THAN 30 DAYS LEAVE IS FOLLOWED BY TEMPORARY DUTY EXCEEDING 15 DAYS IS ENTITLED TO THE INCENTIVE PAY FOR THE PERIOD OF THE LEAVE. NAVY REGULATIONS IS REQUIRED TO BE DISCONTINUED WHEN A MEMBER IS ABSENT ON TEMPORARY ADDITIONAL DUTY IN EXCESS OF 15 DAYS.

View Decision

B-111704, NOVEMBER 30, 1962, 42 COMP. GEN. 266

PAY - SUBMARINE DUTY - ABSENCE PERIODS. PAY - SUBMARINE DUTY - ABSENCE PERIODS. PAY - SUBMARINE DUTY - ERRONEOUS PAYMENTS CREW MEMBERS WHO HAVE UNBROKEN PERIODS OF COMBINED TEMPORARY ADDITIONAL DUTY AND AUTHORIZED LEAVE AWAY FROM THEIR PERMANENT DUTY ON BOARD SUBMARINES, A DUTY WHICH ENTITLES THEM TO INCENTIVE PAY UNDER 37 U.S.C. 301 (A) (2), UNLESS ABSENT ON TEMPORARY ADDITIONAL DUTY IN EXCESS OF 15 DAYS, OR ON AUTHORIZED LEAVE EXCEEDING 30 DAYS, AS PROVIDED IN EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, AND NAVY REGULATIONS, ARE ENTITLED TO INCENTIVE PAY FOR A LEAVE PERIOD NOT EXCEEDING 30 DAYS IF IN A SUBMARINE PAY STATUS WHEN THE LEAVE BEGINS; THEREFORE, A MEMBER WHOSE LESS THAN 30 DAYS' AUTHORIZED LEAVE FOLLOWS MORE THAN 15 DAYS TEMPORARY ADDITIONAL DUTY MAY NOT HAVE INCENTIVE PAY FOR THE PERIOD OF THE LEAVE, THE GRANT OF LEAVE NOT OPERATING TO RESTORE HIS SUBMARINE PAY STATUS, WHEREAS, A MEMBER WHOSE LESS THAN 30 DAYS LEAVE IS FOLLOWED BY TEMPORARY DUTY EXCEEDING 15 DAYS IS ENTITLED TO THE INCENTIVE PAY FOR THE PERIOD OF THE LEAVE, THE BREAK IN THE CONTINUITY OF HIS SUBMARINE PAY STATUS OCCURRING AFTER THE PERIOD OF THE LEAVE. THE INCENTIVE PAY AUTHORIZED BY SECTION 204 (A) (2) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 301 (A) (2), FOR CREW MEMBERS ASSIGNED TO PERMANENT DUTY ON BOARD A SUBMARINE, WHICH UNDER EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, AND NAVY REGULATIONS IS REQUIRED TO BE DISCONTINUED WHEN A MEMBER IS ABSENT ON TEMPORARY ADDITIONAL DUTY IN EXCESS OF 15 DAYS, OR IS IN AN AUTHORIZED LEAVE STATUS EXCEEDING 30 DAYS, MAY BE PAID TO MEMBERS WHO FOLLOWING A PERIOD OF TEMPORARY ADDITIONAL DUTY OF 15 DAYS OR LESS REPORT BACK TO THE SUBMARINE BEFORE DEPARTURE ON AUTHORIZED LEAVE NOT TO EXCEED 30 DAYS, AS WELL AS TO MEMBERS WHO DO NOT REPORT ON BOARD THE SUBMARINE BEFORE DEPARTING FOR A PERIOD OF ABSENCE, FOLLOWING EITHER TEMPORARY ADDITIONAL DUTY FOR 15 DAYS OR LESS, OR AN AUTHORIZED LEAVE OF ABSENCE NOT EXCEEDING 30 DAYS, THE MEMBERS MAINTAINING THE CONTINUITY OF THEIR SUBMARINE DUTY STATUS WHEN THE TOTAL CONTINUOUS ABSENCE FROM SUBMARINE DUTY DOES NOT EXCEED 45 DAYS. THE GENERAL ACCOUNTING OFFICE EXCEPTIONS TO THE ERRONEOUS PAYMENTS OF THE INCENTIVE PAY PROVIDED FOR CREW MEMBERS UNDER 37 U.S.C. 301 (A) (2) FOR DUTY ON BOARD A SUBMARINE BECAUSE THE MEMBERS WERE NOT IN A SUBMARINE PAY STATUS WERE PROPERLY ISSUED IN VIEW OF THE EXPRESS DUTY PERFORMANCE REQUIREMENTS OF THE LAW AND REGULATIONS FOR ENTITLEMENT TO INCENTIVE PAY; THEREFORE, THE GENERAL ACCOUNTING OFFICE NOT HAVING AUTHORITY TO APPROVE INCENTIVE PAY FOR THE PERIODS THE MEMBERS WERE NOT IN A SUBMARINE DUTY PAY STATUS, THE EXCEPTIONS WILL BE CONTINUED.

TO THE SECRETARY OF THE NAVY, NOVEMBER 30, 1962:

IN LETTER OF AUGUST 28, 1962, FROM THE ASSISTANT SECRETARY OF THE NAVY (INSTALLATIONS AND LOGISTICS), REVIEW IS REQUESTED OF FIVE NOTICES OF EXCEPTION ISSUED BY OUR NAVY AUDIT BRANCH INVOLVING CERTAIN PAYMENTS OF INCENTIVE PAY FOR SUBMARINE DUTY.

EXCEPT FOR THE NOTICE OF EXCEPTION TAKEN IN THE CASE OF THEODOREB. POWELL, 282 56 28, TM2, USN, THE CASE OF DANIEL W. OSBORNE, 524 60 70, SOSN (SS), IS REPRESENTATIVE OF THE EXCEPTIONS IN QUESTION. THE RECORD SHOWS THAT OSBORNE DEPARTED FROM HIS DUTY STATION ON BOARD THE U.S.S. BLUEGILL (SS-242) ON JUNE 29, 1960, FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION AT SAN DIEGO, CALIFORNIA, UNTIL OCTOBER 21, 1960, WHEN HE WENT ON AUTHORIZED LEAVE OF ABSENCE. HE REPORTED BACK TO HIS DUTY STATION ON BOARD THE SUBMARINE ON NOVEMBER 24, 1960. SINCE HIS TEMPORARY ADDITIONAL DUTY WAS FOR MORE THAN 15 DAYS, SUBMARINE PAY WAS TERMINATED ON JUNE 29, 1960, AND COMMENCED AGAIN ON OCTOBER 22, 1960, THE DATE HE ENTERED INTO A LEAVE STATUS. EXCEPTION IN THE AMOUNT OF $58.67 WAS TAKEN TO THE INCENTIVE PAY FOR THE PERIOD HE WAS ON LEAVE AND IMMEDIATELY PRIOR TO REPORTING TO THE SUBMARINE (OCTOBER 22 TO NOVEMBER 23, 1960) SUBSTANTIALLY FOR THE REASON THAT THE MEMBER'S ABSENCE FROM THE SUBMARINE ON TEMPORARY ADDITIONAL DUTY AND LEAVE EXCEEDED THAT AUTHORIZED BY REGULATIONS.

IN REQUESTING RECONSIDERATION OF THE EXCEPTIONS, THE ASSISTANT SECRETARY EXPRESSES THE VIEW THAT PERIODS OF ABSENCE ON AUTHORIZED LEAVE AND TEMPORARY DUTY SHOULD BE COMPUTED SEPARATELY IN DETERMINING ENTITLEMENT TO SUBMARINE PAY, REGARDLESS OF WHETHER THE TEMPORARY ADDITIONAL DUTY AND AUTHORIZED LEAVE FROM A SUBMARINE RUN CONSECUTIVELY. IT IS STATED THAT IF EITHER THE ABSENCE OF THE MEMBER ON TEMPORARY ADDITIONAL DUTY OR ABSENCE ON AUTHORIZED LEAVE EXCEEDS 15 DAYS OR 30 DAYS, RESPECTIVELY, SUBMARINE PAY SHOULD BE FORFEITED ONLY FOR THE TEMPORARY ADDITIONAL DUTY OR LEAVE PERIOD AS THE CASE MAY BE, BUT NOT FOR THE ENTIRE PERIOD OF ABSENCE.

INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY IS AUTHORIZED BY SECTION 204 (A) (2) OF THE CAREER COMPENSATION ACT OF 1949, NOW CODIFIED IN 37 U.S.C. 301 (A) (2), FOR THOSE ON DUTY ON BOARD SUBMARINE. SECTION 11 OF EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950, IMPLEMENTING THE PROVISIONS OF SECTION 204, AUTHORIZES INCENTIVE PAY TO QUALIFIED MEMBERS OF THE UNIFORMED SERVICES DURING AUTHORIZED LEAVES OF ABSENCE. SECTION 12 OF THE EXECUTIVE ORDER AUTHORIZES THE SECRETARIES CONCERNED TO PRESCRIBE SUCH SUPPLEMENTARY REGULATIONS NOT INCONSISTENT THEREWITH AS THEY MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT THESE REGULATIONS. IN CONSTRUING THE STATUTORY PROVISIONS AND THE APPLICABLE PROVISIONS OF EXECUTIVE ORDER NO. 10152, WE HELD IN DECISION OF DECEMBER 17, 1952, 32 COMP. GEN. 287, THAT THE PAY ACCRUES TO A PERSON ATTACHED TO A SUBMARINE FOR DUTY ON BOARD A SUBMARINE, AND THAT THE LAW CONTEMPLATED ONLY BRIEF ABSENCES WITHOUT BREAKING THE CONTINUITY OF DUTY ON BOARD A SUBMARINE. SINCE SUBMARINE DUTY IS FACTUALLY CLOSELY RELATED TO SEA DUTY AND SINCE SEA DUTY PAY AND SUBMARINE DUTY PAY ARE PROVIDED BY THE SAME ACT, IT WAS CONSIDERED THAT REGULATIONS ISSUED BY THE PRESIDENT IN SECTION 2 OF EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, GOVERNING PERIODS OF ABSENCE A MEMBER COULD BE ON TEMPORARY ADDITIONAL DUTY WITHOUT AFFECTING HIS RIGHT TO SEA DUTY PAY PRESENTED A FAIR BASIS FOR COMPARISON IN DETERMINING A REASONABLE LIMIT ON ABSENCES FROM A SUBMARINE DURING WHICH THE RIGHT TO SUBMARINE PAY MIGHT CONTINUE. SINCE THE PRESIDENT HAD DETERMINED IN SECTION 2 OF EXECUTIVE ORDER NO. 10168 THAT TEMPORARY DUTY ASHORE FOR PERIODS IN EXCESS OF 15 DAYS BROKE THE CONTINUITY OF SEA DUTY FOR SEA PAY PURPOSES, WE CONCLUDED THAT BY THE SAME REASONING ABSENCE FROM THE SUBMARINE TO WHICH ATTACHED FOR MORE THAN 15 DAYS ON TEMPORARY ADDITIONAL DUTY, AUTHORIZED LEAVE, OR OTHERWISE, BROKE THE CONTINUITY OF DUTY ON BOARD A SUBMARINE FOR PURPOSES OF SUBMARINE PAY.

SUBSEQUENTLY, UPON REPRESENTATIONS OF THE DEPARTMENT OF THE NAVY THAT MEMBERS ASSIGNED TO NUCLEAR-POWERED SUBMARINES--- WHICH REMAIN AT SEA FOR PROLONGED PERIODS OF TIME--- SHOULD BE AFFORDED THE MAXIMUM OPPORTUNITY FOR EXTENDED PERIODS OF LEAVE AS PROVIDED UNDER THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, 37 U.S.C., 31A (NOW CONTAINED IN 10 U.S.C. 701-704 AS ADDED BY SECTION 3 OF THE ACT OF SEPTEMBER 7, 1962, 76 STAT. 492), WE CONCURRED IN DECISION OF DECEMBER 2, 1959, 39 COMP. GEN. 412, WITH THE ADMINISTRATIVE RECOMMENDATION THAT A 30-DAY LIMIT BE ESTABLISHED FOR PAYMENT OF INCENTIVE PAY FOR SUBMARINE DUTY TO MEMBERS WHILE ON AUTHORIZED LEAVES OF ABSENCE. IN THAT DECISION WE STATED THAT WE PERCEIVED NO OBJECTION TO THE ISSUANCE OF REGULATIONS CREDITING INCENTIVE PAY FOR SUBMARINE DUTY TO MEMBERS WHILE ON AUTHORIZED LEAVES OF ABSENCE NOT TO EXCEED 30 DAYS AND THAT IF SUCH REGULATIONS WERE DULY PROMULGATED THE 15- DAY LIMIT ON INCENTIVE PAY DURING LEAVES OF ABSENCE FROM A SUBMARINE ADOPTED ON 32 COMP. GEN. 287 WOULD NO LONGER BE FOR APPLICATION WITH RESPECT TO LEAVES OF ABSENCE. INCENTIVE PAY FOR SUBMARINE DUTY, HOWEVER, ACCRUES ONLY FOR THE PERFORMANCE OF THE SPECIFIED DUTY--- THE 15-DAY TEMPORARY DUTY PERIOD BEING VIEWED AS THE PERFORMANCE OF SUBMARINE DUTY--- AND THAT DECISION WAS FOUNDED ON THE UNDERSTANDING THAT (1) THE MEMBERS CONCERNED WERE IN A SUBMARINE PAY STATUS WHEN THEY ENTERED A LEAVE STATUS, (2) THE EXPRESS PROVISIONS OF THE ARMED FORCES LEAVE ACT AUTHORIZING 30 DAYS' LEAVE WITH PAY ANNUALLY AND DIRECTING THAT MEMBERS BE PERMITTED GENERALLY TO USE THEIR LEAVE AS IT ACCRUES, AND (3) THE ABSENCE OF LIMITATION IN THE SUBMARINE PAY PROVISIONS LIMITING THE ACCRUAL OF SUCH PAY WHILE ON AUTHORIZED LEAVE OF ABSENCE.

THUS, WHILE A MEMBER WHO ENTERS ON AUTHORIZED LEAVE WHILE IN A SUBMARINE PAY STATUS INCLUDING PERIODS OF TEMPORARY DUTY ASHORE OF 15 DAYS OR LESS IS ENTITLED TO RECEIVE SUBMARINE PAY FOR THE PERIOD OF HIS AUTHORIZED LEAVE WITH PAY, A GRANT OF LEAVE TO A MEMBER AFTER HE HAS CEASED TO BE IN A DUTY STATUS ENTITLING HIM TO SUBMARINE PAY DOES NOT OPERATE TO RESTORE HIS SUBMARINE PAY DUTY STATUS AND WE ARE NOT AWARE OF ANY STATUTORY AUTHORITY PROVIDING SUBMARINE PAY FOR MEMBERS OF THE CREWS OF SUBMARINES DURING PERIODS OF AUTHORIZED LEAVE WHO ARE NOT IN A SUBMARINE PAY STATUS WHEN THEY ENTER A LEAVE STATUS. IN OTHER WORDS, INCENTIVE PAY FOR SUBMARINE DUTY ACCRUES DURING PERIODS OF AUTHORIZED LEAVE ONLY IN THOSE CASES WHEN THE MEMBER IS INA SUBMARINE DUTY PAY STATUS WHEN HIS PERIOD OF LEAVE BEGINS. IN VIEW OF THE EXPRESS DUTY PERFORMANCE REQUIREMENTS OF THE LAW AND THE REGULATIONS, IT IS OUR VIEW THAT WHERE TEMPORARY ADDITIONAL DUTY IN EXCESS OF 15 DAYS IS FOLLOWED BY A PERIOD OF AUTHORIZED LEAVE NOT EXCEEDING 30 DAYS, THE ENTIRE PERIOD OF ABSENCE MUST BE CONSIDERED AS AN UNBROKEN PERIOD OF ABSENCE FROM DUTY ON BOARD A SUBMARINE FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO SUBMARINE PAY. WE FIND NOTHING IN THE LAW OR THE EXECUTIVE ORDER WHICH WOULD SUPPORT THE VIEW IN THE ASSISTANT SECRETARY'S LETTER THAT A PERIOD OF TEMPORARY ADDITIONAL DUTY AND A PERIOD OF AUTHORIZED LEAVE OF ABSENCE SHOULD BE COMPUTED SEPARATELY IN DETERMINING ENTITLEMENT TO SUBMARINE PAY.

SUPPLEMENTARY REGULATIONS GOVERNING ENTITLEMENT TO INCENTIVE PAY FOR SUBMARINE DUTY WHILE ABSENT ON TEMPORARY ADDITIONAL DUTY OR ON AUTHORIZED LEAVES OF ABSENCE ARE CONTAINED IN PARAGRAPHS 1044100-2A AND 1044100-2C, NAVY COMPTROLLER MANUAL, WHICH PROVIDE, IN PERTINENT PART, AS FOLLOWS:

2. ABSENCE FROM SUBMARINE DUTY

A. CONVENTIONAL SUBMARINES, ONE-CREW MANNED NUCLEAR SUBMARINES, AND SUBMERSIBLES. MEMBERS WILL BE ENTITLED TO AN OTHERWISE PROPER CREDIT OF SUBMARINE PAY FOR ANY PERIOD OF ABSENCE AWAY FROM THE SUBMARINE ON TEMPORARY ADDITIONAL DUTY, IF NOT DETACHED FROM THE SUBMARINE AND PROVIDED THAT THE PERIOD OF ABSENCE IS 15 DAYS OR LESS. NO SUBMARINE PAY WILL BE CREDITED FOR ANY PORTION OF A PERIOD OF ABSENCE ON TEMPORARY ADDITIONAL DUTY IF THE ABSENCE IS IN EXCESS OF 15 DAYS. * * *

C. AUTHORIZED LEAVES OF ABSENCE. SUBSEQUENT TO 21 DECEMBER 1959, MEMBERS WHO DEPART ON AUTHORIZED LEAVES OF ABSENCE, WHO ARE ATTACHED TO A SUBMARINE, AND WHO ARE OTHERWISE ENTITLED, WILL BE ENTITLED TO RECEIVE SUBMARINE PAY DURING AUTHORIZED LEAVES OF ABSENCE NOT IN EXCESS OF 30 DAYS. SUBMARINE PAY WILL NOT BE CREDITED FOR ANY PORTION OF A PERIOD OF AUTHORIZED LEAVE OF ABSENCE IF THE LEAVE IS IN EXCESS OF 30 DAYS. THE PERIOD OF ABSENCE CONNECTED WITH AUTHORIZED LEAVE WILL BE DETERMINED BY THE NUMBER OF DAYS LEAVE CHARGEABLE TO A MEMBER'S LEAVE RECORD.

IN THE CASE OF DANIEL W. OSBORNE, 254 60 70, SOSN (SS), THE RECORD SHOWS THAT ON JUNE 29, 1960, HE DEPARTED FROM HIS DUTY STATION ON BOARD THE U.S.S. BLUEGILL (SS-242) FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION AT SAN DIEGO, CALIFORNIA, UNTIL OCTOBER 21, 1960, WHEN HE WENT ON AUTHORIZED LEAVE OF ABSENCE. SINCE HIS TEMPORARY ADDITIONAL DUTY PERIOD WAS FOR MORE THAN 15 DAYS, HIS ENTITLEMENT TO INCENTIVE PAY ENDED ON JUNE 29, 1960, AND HIS RIGHT TO SUCH PAY DID NOT AGAIN ACCRUE UNTIL NOVEMBER 24, 1960, WHEN HE REPORTED FOR DUTY ON BOARD THE U.S.S. BLUEGILL (SS- 242). COMPARE 33 COMP. GEN. 436. HENCE, HE WAS NOT IN A SUBMARINE DUTY PAY STATUS WHEN HIS PERIOD OF LEAVE BEGAN AND ACCORDINGLY, THE EXCEPTION IN HIS CASE WAS PROPERLY ISSUED. FOR THE SAME REASON, EXCEPTIONS WERE ALSO PROPERLY ISSUED IN THE CASES OF CHARLES E. ALEXANDER, 462 49 91, TM1; JAMES F. HEFFERNAN, 510 72 20, TM3; AND DAN L. LAFLEUR, 536 37 69, SN. REGARDING THE CASE OF THEODORE B. POWELL, 282 56 28, TM2, HOWEVER, IT IS SHOWN THAT THE MEMBER DEPARTED ON AUGUST 5, 1960, FROM HIS DUTY STATION ON BOARD THE SUBMARINE FOR A PERIOD OF AUTHORIZED LEAVE ENDING ON SEPTEMBER 3, 1960- - THE PAY RECORD SHOWS THE MEMBER WAS CREDITED WITH LEAVE RATIONS FOR 29 DAYS' LEAVE. ON SEPTEMBER 4, 1960, HE ENTERED INTO A TEMPORARY DUTY STATUS AND RETURNED TO THE SUBMARINE ON NOVEMBER 4, 1960. SINCE A BREAK IN THE CONTINUITY OF HIS SUBMARINEPAY STATUS DID NOT OCCUR UNTIL SEPTEMBER 3, 1960, THE EXCEPTION TAKEN IN THIS CASE AGAINST CREDIT OF SUBMARINE PAY FOR THE PERIOD HE WAS IN A LEAVE STATUS WILL BE REMOVED.

IN ADDITION, THE ASSISTANT SECRETARY REQUESTS THAT WE DETERMINE THE PERIODS FOR WHICH SUBMARINE PAY IS CREDITABLE IN THE FOLLOWING CASES:

(1) A MEMBER WAS ORDERED TO CONUS FOR 10 DAYS EMERGENCY LEAVE. UPON TERMINATION OF LEAVE, HE REPORTED TO SUBADMIN, MARE ISLAND, CALIFORNIA, FOR TRANSPORTATION BACK TO VESSEL HOMEPORTED IN PEARL HARBOR, AT WHICH TIME HE RECEIVED TAD ORDERS TO WASHINGTON, D.C., AND UPON COMPLETION OF 4 DAYS TAD, RETURNED TO THE VESSEL. TOTAL ABSENCE FROM THE SUBMARINE DUE TO LEAVE, TRANSPORTATION, AND TAD TOTALED 20 DAYS.

(2) A MEMBER WAS DETACHED FROM SUBMARINE AT PEARL HARBOR AT 10800 6/1/62 FOR TAD IN CONUS. HE REPORTED TO HIS TAD STATION 10800 6/3/62AND COMPLETED TAD 1800 6/14/62. HE IMMEDIATELY DEPARTED ON LEAVE FOR 20 DAYS, AND REPORTED BACK TO HIS SHIP 10800 ON 7/6/62. LEAVE WAS CHARGED FROM 6/15/62 TO 7/4/62.

(3) A MEMBER DEPARTED SUBMARINE (HOMEPORT HAWAII) ON 20 DAYS LEAVE PRIOR TO REPORTING TO TEMPORARY DUTY STATION IN CONUS. LEAVE WAS CHARGED FROM 6/2/62 TO 6/21/62. HE REPORTED TO TAD STATION 10800 6/22/62 AND DEPARTED 10800 7/1/62, REPORTING BACK TO HIS SHIP 1300 7/2/62.

(4) SAME SITUATION AS IN (3), EXCEPT THAT THE MEMBER COMPLETED TAD AND DEPARTED 10800 7/20/62, REPORTING BACK TO HIS SHIP 1300 7/22/62.

(5) A MEMBER DEPARTED SUBMARINE IN HAWAII FOR EMERGENCY LEAVE IN CONUS, COMMENCING 1000 6/1/62, UPON REPORTING TO COMSUBRON 1 (PEARL HARBOR). WHILE AWAITING RETURN OF HIS SHIP TO PORT, HE WAS AUTHORIZED 15 DAYS LEAVE (HAWAII) BY COMSUBRON 1, COMMENCING 10800 6/30/62 AND TERMINATING 1400 7/15/62. UPON COMPLETION OF LEAVE, HE WAS ORDERED FOR TAD AND FOR FURTHER TRANSFER TO ANOTHER SUBMARINE TO AWAIT THE ARRIVAL OF HIS SHIP, REPORTING BACK ON 7/21/62.

(6) A MEMBER DEPARTED SUBMARINE (HOMEPORT HAWAII) ON 5/23/62 FOR LEAVE TO BE TAKEN IN HAWAII. HE WAS ON LEAVE FROM 5/24/62 TO 6/3/62. ON 6/4/62 HE WAS ORDERED TO SAN DIEGO, CALIFORNIA, FOR TAD AND REPORTED 6/6/62 AT TAD STATION. HE COMPLETED HIS TAD 6/17/62 AND RETURNED TO HAWAII 6/18/62 (SHIP NOT IN PORT). HE WAS GRANTED LEAVE UNTIL 7/1/62, WHEN HE REPORTED BACK ON BOARD SHIP.

A MEMBER WHO COMPLETES A PERIOD OF TEMPORARY ADDITIONAL DUTY OF 15 DAYS OR LESS AND RETURNS TO HIS PERMANENT DUTY STATION AND IMMEDIATELY DEPARTS ON AN AUTHORIZED LEAVE OF ABSENCE NOT TO EXCEED 30 DAYS IN DURATION WOULD CONTINUE IN RECEIPT OF SUBMARINE DUTY PAY. A MEMBER WHO IS ON TEMPORARY ADDITIONAL DUTY ASHORE FOR A PERIOD OF 15 DAYS OR LESS CAN MAINTAIN THE CONTINUITY OF HIS SUBMARINE DUTY STATUS IF UPON THE COMPLETION OF HIS TEMPORARY ADDITIONAL DUTY HE IS AUTHORIZED TO DEPART ON HIS LEAVE OF ABSENCE WITHOUT FIRST REPORTING ON BOARD THE VESSEL. ALSO, IT IS OUR VIEW THAT A MEMBER WHO DEPARTS THE SUBMARINE IN AN AUTHORIZED LEAVE STATUS NOT EXCEEDING 30 DAYS, FOLLOWED BY A PERIOD OF TEMPORARY ADDITIONAL DUTY NOT IN EXCESS OF 15 DAYS WOULD BE CONSIDERED AS BEING IN A SUBMARINE DUTY PAY STATUS PROVIDED THE TOTAL CONTINUOUS ABSENCE FROM THE SUBMARINE DID NOT EXCEED 45 DAYS. BASED ON THE FOREGOING, IT APPEARS THAT IN CASES (1), (2), AND (3), THE MEMBER CONTINUED IN A SUBMARINE DUTY PAY STATUS DURING HIS ABSENCE FROM THE SUBMARINE. IN CASE (4), A BREAK IN CONTINUITY OF THE MEMBER'S SUBMARINE PAY STATUS OCCURRED UPON TERMINATION OF 20 DAYS' LEAVE. THE ACTUAL LEAVE AND DUTY STATUS OF THE MEMBER IN CASE (5) DURING THE PERIOD BETWEEN THE EXPIRATION OF HIS EMERGENCY LEAVE AND THE 15-DAY LEAVE PERIOD COMMENCING JUNE 30, 1962, IS NOT CLEAR. ON THE ASSUMPTION, HOWEVER, THAT THE LEAVE AUTHORIZATION COMMENCING JUNE 1, 1962, WAS FOR A PERIOD OF 30 DAYS, THE SUBMARINE PAY STATUS WOULD TERMINATE JUNE 30, 1962, AT THE EXPIRATION OF THE 30 DAYS' LEAVE. IN CASE (6), SINCE THE MEMBER'S TOTAL ABSENCE FROM THE SUBMARINE DID NOT EXCEED 45 DAYS AND SINCE THE TEMPORARY ADDITIONAL DUTY DID NOT EXCEED 15 DAYS, IT APPEARS HE CONTINUED IN A SUBMARINE DUTY PAY STATUS DURING HIS TOTAL ABSENCE FROM THE SUBMARINE.

IN HIS LETTER THE ASSISTANT SECRETARY REQUESTS THAT IN THE EVENT WE DETERMINE THE EXCEPTIONS TO HAVE BEEN PROPERLY ISSUED THAT THE PAYMENTS MADE IN SUCH CASES BE PASSED TO CREDIT IN THE ACCOUNTS OF THE DISBURSING OFFICERS AND THAT A CUT-OFF DATE BE ESTABLISHED AFTER APPROPRIATE CHANGES HAVE BEEN MADE IN THE REGULATIONS. IN VIEW OF THE EXPRESS DUTY PERFORMANCE REQUIREMENTS OF THE LAW AND REGULATIONS, WE ARE WITHOUT AUTHORITY TO AUTHORIZE INCENTIVE PAY TO MEMBERS FOR PERIODS WHEN THEY WERE NOT IN A SUBMARINE DUTY PAY STATUS. ACCORDINGLY, EXCEPT FOR THE NOTICE OF EXCEPTION TAKEN IN THE CASE OF THEODORE B. POWELL, 282 56 28, TM2, USN, MENTIONED ABOVE, WE ARE REQUIRED TO CONTINUE THE EXCEPTIONS.

GAO Contacts

Office of Public Affairs