B-125037, MAY 24, 1971, 50 COMP GEN 813

B-125037, MAY 24, 1971, 50 COMP GEN 813

PAY - AVIATION DUTY - FLIGHT PERFORMANCE EVIDENCE - RESERVISTS THE REQUIREMENT FOR THE SUBMISSION OF MONTHLY FLIGHT CERTIFICATES TO SUPPORT THE PAYMENT OF THE AERIAL FLIGHT PAY AUTHORIZED IN 37 U.S.C. 301(F) FOR MEMBERS OF THE RESERVE FORCES PERFORMING INACTIVE-DUTY TRAINING OR ACTIVE-DUTY TRAINING MAY BE DISCONTINUED AND THE APPLICABLE REGULATIONS AMENDED ACCORDINGLY PROVIDED PROCEDURES ARE ESTABLISHED WHICH WILL INSURE THAT ADMINISTRATIVE RECORDS ARE MAINTAINED AT THE BASE LEVEL TO SUPPORT THE PAYMENTS OF FLIGHT PAY TO RESERVISTS AND WILL PROVIDE AN ADEQUATE BASIS FOR SUBSEQUENT REVIEW BY THE UNITED STATES GENERAL ACCOUNTING OFFICE IN VIEW OF THE FACT THAT THE REGULATIONS CONTAINED IN PARAGRAPH 80231(A) OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE ENTITLEMENTS MANUAL PROVIDE THAT FLIGHT PAY TO RESERVISTS SHALL BE GOVERNED BY THE PROVISIONS AND CONDITIONS ESTABLISHED FOR REGULAR MEMBERS AND THE CERTIFICATES ARE NO LONGER REQUIRED FOR SUCH MEMBERS.

TO THE SECRETARY OF DEFENSE, MAY 24, 1971:

FURTHER REFERENCE IS MADE TO LETTER DATED FEBRUARY 13, 1971, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) REQUESTING A DECISION AS TO WHETHER MONTHLY FLIGHT CERTIFICATES ARE REQUIRED IN SUPPORT OF PAYMENT OF AERIAL FLIGHT PAY TO MEMBERS OF THE RESERVE FORCES PERFORMING INACTIVE- DUTY TRAINING OR ACTIVE-DUTY TRAINING. THE CIRCUMSTANCES GIVING RISE TO THE REQUEST ARE SET FORTH AND DISCUSSED IN DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES COMMITTEE ACTION NO. 448.

THE COMMITTEE REFERS TO OUR DECISION OF MAY 27, 1964, B-125037, IN WHICH WE STATED THAT NO OBJECTION WOULD BE RAISED TO DISCONTINUING THE REQUIREMENT THAT MONTHLY FLIGHT CERTIFICATES BE PREPARED AND SUBMITTED TO SUPPORT AERIAL FLIGHT PAY IF SUFFICIENT RECORDS ARE MAINTAINED AT BASE LEVEL TO AUTHORIZE SUCH PAYMENTS.

IN ITS DISCUSSION THE COMMITTEE STATES THAT IT IS RECOGNIZED THAT THE DECISION WAS RENDERED IN RESPONSE TO A PROPOSED AMENDMENT TO EXECUTIVE ORDER NO. 10152, DATED AUGUST 17, 1950. ALSO, IT IS STATED THAT THE CONTENT OF THE DECISION SEEMS TO ADDRESS ITSELF PRIMARILY TO MEMBERS ON EXTENDED ACTIVE DUTY, BUT THAT IF THE DECISION APPLIES TO RESERVE MEMBERS, IT IS DEEMED ADVISABLE TO AMEND PRESENT RESERVE PAY PROCEDURES WHICH REQUIRE THE MONTHLY CERTIFICATE.

SUBSECTION (A) OF SECTION 301, TITLE 37, U.S.C. AUTHORIZES THE PAYMENT OF INCENTIVE PAY, INCLUDING AERIAL FLIGHT PAY, TO MEMBERS OF THE UNIFORMED SERVICES WHO ARE "ENTITLED TO BASIC PAY" UNDER THE CIRCUMSTANCES THERE PRESCRIBED.

SUBSECTION (F) PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE PRESIDENT AND TO THE EXTENT PROVIDED BY APPROPRIATIONS, WHEN A MEMBER OF A RESERVE COMPONENT OF A UNIFORMED SERVICE, OR OF THE NATIONAL GUARD, WHO IS ENTITLED TO COMPENSATION UNDER SECTION 206 OF TITLE 37, PERFORMS UNDER ORDERS, ANY DUTY DESCRIBED IN SUBSECTION (A)(1)-(12) OF SECTION 301 FOR MEMBERS ENTITLED TO BASIC PAY, HE IS ENTITLED TO AN INCREASE IN COMPENSATION EQUAL TO 1/30 OF THE MONTHLY INCENTIVE PAY AUTHORIZED BY SUBSECTION (B) OR (C) OF SECTION 301, AS THE CASE MAY BE, FOR THE PERFORMANCE OF THAT HAZARDOUS DUTY BY A MEMBER OF A CORRESPONDING GRADE WHO IS ENTITLED TO BASIC PAY.

IT IS FURTHER PROVIDED THAT SUCH MEMBER IS ENTITLED TO THE INCREASE FOR AS LONG AS HE IS QUALIFIED FOR IT, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH HE IS ENGAGED FOR AT LEAST 2 HOURS, INCLUDING THAT PERFORMED ON A SUNDAY OR HOLIDAY, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, DUTY, OR APPROPRIATE DUTIES, AS THE SECRETARY MAY PRESCRIBE UNDER SECTION 206(A).

SECTION 104 OF EXECUTIVE ORDER NO. 11157, JUNE 29, 1964, PRESCRIBES MINIMUM FLIGHT REQUIREMENTS FOR QUALIFICATION FOR INCENTIVE PAY UNDER 37 U.S.C. 301, SUBSECTION (B) OF SECTION 104 BEING APPLICABLE TO MEMBERS OF THE RESERVE COMPONENTS OF THE UNIFORMED SERVICES ON INACTIVE DUTY TRAINING WHO ARE COVERED BY 37 U.S.C. 301(F). REGULATIONS CONTAINED IN PARAGRAPH 80231(A) OF THE DEPARTMENT OF DEFENSE MILITARY PAY ALLOWANCE ENTITLEMENTS MANUAL - ISSUED UNDER AUTHORITY OF SECTION 113 OF EXECUTIVE ORDER NO. 11157 - PROVIDE THAT FLIGHT PAY TO RESERVISTS FOR PERIODS OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING SHALL BE GOVERNED BY THE PROVISIONS AND CONDITIONS ESTABLISHED FOR MEMBERS SERVING ON EXTENDED ACTIVE DUTY, WITH CERTAIN EXCEPTIONS THERE PRESCRIBED.

NO PROVISION OF LAW OR REGULATIONS HAS BEEN FOUND WHICH REQUIRES THAT THE MEMBER CONCERNED MUST PROVE THAT HE HAS MET THE REQUIREMENTS ENTITLING HIM TO FLIGHT PAY IN DIFFERENT WAYS DEPENDING ON WHETHER HE IS A MEMBER OF A REGULAR OR RESERVE COMPONENT OF THE UNIFORMED SERVICES.

THE REGULATIONS GOVERNING PRESENT RESERVE PAY PROCEDURES WHICH ARE SAID TO REQUIRE THE SUBMISSION OF MONTHLY FLIGHT CERTIFICATES, ARE NOT CITED OR OTHERWISE IDENTIFIED IN THE COMMITTEE ACTION DISCUSSION AND IT IS BELIEVED THAT REGULATIONS TO THAT EFFECT ARE NOT PRESENTLY IN EFFECT IN ALL OF THE MILITARY SERVICES.

IN VIEW OF THE CONCLUSIONS REACHED IN OUR DECISION OF MAY 27, 1964, THE QUESTION SUBMITTED IS ANSWERED BY SAYING THAT TO THE EXTENT THAT APPLICABLE REGULATIONS (SEE IN THIS CONNECTION PARAGRAPHS 2-11 AND 2 13, ARMY REGULATIONS 95-64) REQUIRE THE SUBMISSION OF MONTHLY FLIGHT CERTIFICATES AS A PREREQUISITE TO THE PAYMENT OF FLIGHT PAY TO MEMBERS OF THE RESERVE FORCES, SUCH REGULATIONS MAY BE AMENDED IN A MANNER WHICH WILL PERMIT THE DISCONTINUANCE OF THAT PRACTICE, PROVIDED PROCEDURES ARE ESTABLISHED WHICH WILL INSURE THAT ADMINISTRATIVE RECORDS ARE MAINTAINED AT THE BASE LEVEL TO SUPPORT THE PAYMENTS OF FLIGHT PAY TO SUCH MEMBERS AND WILL PROVIDE AN ADEQUATE BASIS FOR SUBSEQUENT REVIEW BY THIS OFFICE.