A-11496, NOVEMBER 17, 1925, 5 COMP. GEN. 352

A-11496: Nov 17, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

NAVY PAY - AVIATION DUTY WHERE THE DETAIL OF AN ENLISTED MAN OF THE NAVY TO FLYING DUTY BY HIS COMMANDING OFFICER WAS NOT MADE IN ACCORDANCE WITH REGULATIONS. OR WAS IN EXCESS OF THE LIMITS FIXED BY THE DEPARTMENT. THERE IS NO DETAIL TO DUTY INVOLVING FLYING DURING THE INTERIM AND THE MAN IS NOT ENTITLED TO THE INCREASED PAY THEREFOR. 1925: THERE ARE BEFORE THIS OFFICE SEVERAL CLAIMS OF ENLISTED MEN OF THE NAVY FOR FLYING PAY BETWEEN DATE OF DETAIL TO FLYING DUTY BY THEIR COMMANDING OFFICERS AND DATE SUCH ORDERS WERE DISAPPROVED AND REVOKED AS OF THEIR DATE OF ISSUANCE OR APPROVED EFFECTIVE AT A LATER DATE BY THE BUREAU OF NAVIGATION. ALTHOUGH THE ORDERS OF DETAIL ARE AS STATED AND PAYMENTS SEEM NOT TO HAVE BEEN MADE BY DISBURSING OFFICERS OF THE NAVY FOR FLYING PAY DURING THE INTERIM INDICATED.

A-11496, NOVEMBER 17, 1925, 5 COMP. GEN. 352

NAVY PAY - AVIATION DUTY WHERE THE DETAIL OF AN ENLISTED MAN OF THE NAVY TO FLYING DUTY BY HIS COMMANDING OFFICER WAS NOT MADE IN ACCORDANCE WITH REGULATIONS, OR WAS IN EXCESS OF THE LIMITS FIXED BY THE DEPARTMENT, AND THE DEPARTMENT REVOKED THE DETAIL AS OF ITS EFFECTIVE DATE, EITHER DIRECTLY OR IN EFFECT BY APPROVING THE DETAIL AS EFFECTIVE AT A LATER DATE, THERE IS NO DETAIL TO DUTY INVOLVING FLYING DURING THE INTERIM AND THE MAN IS NOT ENTITLED TO THE INCREASED PAY THEREFOR.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 17, 1925:

THERE ARE BEFORE THIS OFFICE SEVERAL CLAIMS OF ENLISTED MEN OF THE NAVY FOR FLYING PAY BETWEEN DATE OF DETAIL TO FLYING DUTY BY THEIR COMMANDING OFFICERS AND DATE SUCH ORDERS WERE DISAPPROVED AND REVOKED AS OF THEIR DATE OF ISSUANCE OR APPROVED EFFECTIVE AT A LATER DATE BY THE BUREAU OF NAVIGATION, THE ACTION OF THE BUREAU BEING WITH A VIEW TO CONFINING ENLISTED PERSONNEL DETAILED TO FLYING DUTY WITHIN THE LIMITS PREVIOUSLY PRESCRIBED BY THE BUREAU AND TO CONSERVE THE PAY APPROPRIATION. ALTHOUGH THE ORDERS OF DETAIL ARE AS STATED AND PAYMENTS SEEM NOT TO HAVE BEEN MADE BY DISBURSING OFFICERS OF THE NAVY FOR FLYING PAY DURING THE INTERIM INDICATED, IT HAS BEEN SUGGESTED THAT UNDER THE STRICT LANGUAGE OF PARAGRAPH 8 OF THE EXECUTIVE ORDER OF JULY 1, 1922, THE MEN ARE ENTITLED TO THE INCREASED PAY. SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, PROVIDES:

THAT ALL * * * ENLISTED MEN OF ALL BRANCHES OF THE * * * NAVY * * * WHEN DETAILED TO DUTY INVOLVING FLYING, SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES ARE NOW AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. * * * REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL BE UNIFORM FOR ALL THE SERVICES CONCERNED.

INCREASE OF PAY FOR FLYING WAS AUTHORIZED FOR ENLISTED MEN OF THE ARMY BY SECTION 13A OF THE NATIONAL DEFENSE ACT AS AMENDED JUNE 4, 1920, 41 STAT. 769, AS FOLLOWS:

* * * ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS; * * *

PARAGRAPH 8 OF THE EXECUTIVE ORDER OF JULY 1, 1922, PROVIDES:

EACH ENLISTED MAN WHO IS SERVING IN * * * ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, * * * AND WHO IS NOT A QUALIFIED AIRCRAFT PILOT OR OBSERVER, BUT ASSIGNED TO DUTY THAT INCLUDES FLIGHTS IN AIRCRAFT, SHALL BE DETAILED TO DUTY INVOLVING FLYING BY HIS COMMANDING OFFICER; SUCH DETAIL SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH ASSIGNMENT, EXCEPT AS HEREINAFTER PROVIDE IN PARAGRAPHS 9 AND 10, OR UNTIL REVOKED BY HIS COMMANDING OFFICER; SUCH DETAIL AND ITS REVOCATION SHALL BE REPORTED TO * * * THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, * * *

PARAGRAPH 9 PROVIDES FOR SUSPENSION OF DETAIL WHERE THERE IS A FAILURE TO MAKE FLIGHTS THEREIN PRESCRIBED AND PARAGRAPH 10 PROVIDES FOR SUSPENSION OF DETAIL BY A COMMANDING OFFICER OF ANY ENLISTED MAN UNDER HIS COMMAND WHO, IN HIS OPINION, IS UNFIT FOR FLYING FOR ANY REASON OTHER THAN SICKNESS OR INJURY.

PARAGRAPH D 4570 BUREAU OF NAVIGATION MANUAL PROVIDES:

FLIGHT ORDERS WILL BE ISSUED TO ENLISTED MEN DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT TO ENABLE THEM TO DRAW 50 PERCENT ADDITIONAL PAY UPON APPROVAL BY THE BUREAU OF NAVIGATION ON FORM N.NAV. 413. THE AUTHORIZED NUMBER OF SUCH FLIGHT ORDERS FOR EACH AVIATION COMMAND WILL NOT BE EXCEEDED. THE REVOCATION OF FLIGHT ORDERS FOR ANY REASON, INCLUDING TRANSFER, DEATH, OR DISCHARGE, WILL BE REPORTED TO THE BUREAU.

BUREAU OF NAVIGATION CIRCULAR LETTERS 54-24 OF 1924, AND 38-25 OF JULY 10, 1925, PRESCRIBE THE NUMBER OF ENLISTED MEN THAT MAY BE DETAILED TO FLYING DUTY IN THE VARIOUS ORGANIZATIONS AND AT THE VARIOUS STATIONS. THE CASE OF HARRY W. ROLLINS, A.M.M. 1C., THE DETAIL BY THE COMMANDING OFFICER OF JUNE 25, 1925, WAS INDORSED BY THE BUREAU OF NAVIGATION UNDER DATE OF SEPTEMBER 2, 1925, AS FOLLOWS:

1. RETURNED, DISAPPROVED. AS NO VACANCY EXISTS ON U.S.S. SHENANDOAH, DESIGNATION REVOKED FROM JUNE 25, 1925.

THE QUESTION THUS PRESENTED IS WHETHER THE REGULATION OF THE PRESIDENT CONTAINED IN THE EXECUTIVE ORDER OF JULY 1, 1922, PERMITS COMMANDING OFFICERS TO MAKE DETAILS NOTWITHSTANDING THE LIMITATION IN THE NUMBER OF DETAILS BY THE REGULATIONS OF THE DEPARTMENT. THE ASSIGNMENT OF THE PERSONNEL, THE FIXING OF THE COMPLEMENT, AND THE SUPERVISION OF THE ACTIVITIES OF THE NAVY ARE FUNCTIONS APPERTAINING TO THE SECRETARY OF THE NAVY, AND REGULATIONS TO THAT EFFECT ARE NOT INCONSISTENT WITH THE PROVISIONS OF THE EXECUTIVE ORDER. UNDER THE ACT OF JUNE 4, 1920, THE INCREASED PAY AUTHORIZED IS PAYABLE ONLY WHILE ON DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS AND THE DETERMINATION BY THE SECRETARY OF THE NAVY THROUGH THE AUTHORIZED BUREAU WHETHER AN ENLISTED MAN SHALL BE ASSIGNED TO SUCH DUTY IS CONTROLLING.

THERE APPEARS NOTHING IN THE PROVISIONS OF THE EXECUTIVE ORDER IN PROVIDING FOR DETAIL OF ENLISTED MEN TO FLYING DUTY BY THEIR COMMANDING OFFICERS WHICH WOULD PERMIT DETAILS BY THE COMMANDING OFFICERS INDEPENDENT OF GENERAL REGULATIONS OF THE DEPARTMENT NOT INCONSISTENT WITH THE EXECUTIVE ORDER. SUCH REGULATIONS ARE ADMINISTRATIVE. IN A CASE OF A DETAIL MADE BY A COMMANDING OFFICER NOT IN ACCORDANCE WITH SUCH REGULATIONS AND IN EXCESS OF THE LIMITS FIXED BY THE DEPARTMENT, WHERE THE DEPARTMENT REVOKES THE DETAIL AS OF ITS EFFECTIVE DATE, EITHER DIRECTLY OR IN EFFECT BY APPROVING THE DETAIL EFFECTIVE AT A LATER DATE, THERE IS NO DETAIL TO DUTY INVOLVING FLYING DURING THE INTERIM AND THE MAN IS NOT ENTITLED TO THE INCREASED PAY FOR FLYING DUTY. CLAIMS OF THIS CHARACTER WILL BE SETTLED ACCORDINGLY.