A-12706, FEBRUARY 11, 1926, 5 COMP. GEN. 620

A-12706: Feb 11, 1926

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THE RECORDS KEPT BY THE COMMANDING OFFICER OF SAID SCHOOL SHOW ONLY THE DATES ON WHICH FLIGHTS WERE MADE. IF THE EVIDENCE IS OTHERWISE CLEAR THAT THE OFFICER ACTUALLY PARTICIPATED IN AT LEAST THE NUMBER OF FLIGHTS. OR WAS IN THE AIR FOR THE TIME REQUIRED BY THE REGULATIONS. IS PROPERLY PAYABLE FROM APPROPRIATION "ARMING. " BUT IS DEFECTIVE IN THAT THE SCHEDULE OF FLIGHTS IS NOT PREPARED AS REQUIRED BY THE CIRCULAR JUST QUOTED. 3. DURATION OF ALL FLIGHTS IS CORRECT IN HIS CERTIFICATE. 4. IS REQUESTED. LIEUTENANT CHAPPELL WAS DIRECTED TO PROCEED FROM DENVER. IT WAS DIRECTED: 3. THE FOLLOWING-NAMED NATIONAL GUARD OFFICERS ARE HEREBY RELIEVED FROM FURTHER TRAINING. THE ATTENDANCE OF A LIMITED NUMBER OF SELECTED OFFICERS OF THE NATIONAL GUARD TO PURSUE A REGULAR COURSE OF STUDY AT MILITARY SERVICE SCHOOLS IS AUTHORIZED.

A-12706, FEBRUARY 11, 1926, 5 COMP. GEN. 620

NATIONAL GUARD PAY - AVIATION DUTY WHERE AN OFFICER OF THE NATIONAL GUARD UNDER PROPER ORDERS ATTENDED A COURSE OF TRAINING AT AN ARMY FLYING SCHOOL PRIOR TO THE ISSUANCE OF MILITIA BUREAU CIRCULAR NO. 46-B OF OCTOBER 12, 1925, CONTAINING THE REGULATIONS MADE TO CARRY INTO EFFECT THE PROVISIONS OF SECTION 4 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, RELATIVE TO INCREASED PAY FOR MEMBERS OF THE NATIONAL GUARD WHILE ON FLIGHT DUTY, AND THE RECORDS KEPT BY THE COMMANDING OFFICER OF SAID SCHOOL SHOW ONLY THE DATES ON WHICH FLIGHTS WERE MADE, THE TOTAL NUMBER OF FLIGHTS, AND THE TOTAL TIME IN THE AIR FOR EACH MONTH, IF THE EVIDENCE IS OTHERWISE CLEAR THAT THE OFFICER ACTUALLY PARTICIPATED IN AT LEAST THE NUMBER OF FLIGHTS, OR WAS IN THE AIR FOR THE TIME REQUIRED BY THE REGULATIONS, SUCH OTHER EVIDENCE MAY BE ACCEPTED IN LIEU OF THE EVIDENCE AS TO THE HOUR OF EACH FLIGHT.

COMPTROLLER GENERAL MCCARL TO MAJ. BENJAMIN L. JACOBSON, UNITED STATES ARMY, FEBRUARY 11, 1926:

THERE HAS BEEN RECEIVED WITH THE ATTACHED PAPERS YOUR 14TH INDORSEMENT OF JANUARY 13, 1926, AS FOLLOWS:

1. PARAGRAPH 5, M.B. CIRCULAR 46-B, DATED OCTOBER 12, 1925, REQUIRES THAT IN CONNECTION WITH CLAIMS FOR PARTICIPATION IN AERIAL FLIGHTS THE VOUCHER BE ACCOMPANIED BY A SCHEDULE SHOWING EACH FLIGHT BY DATE, HOUR, AND DURATION.

2. THE ATTACHED CLAIM, SUBMITTED BY FIRST LIEUTENANT EDGAR E. CHAPPELL, 120TH OBSERVATION SQUADRON COLORADO NATIONAL GUARD, FOR PARTICIPATION IN FLIGHTS DURING THE PERIOD SEPTEMBER 10, 1924, TO JANUARY 17, 1925, UNDER THE PROVISIONS OF SPECIAL ORDERS, NO. 74, OFFICE OF THE ADJUTANT GENERAL, DENVER, COLORADO, SEPTEMBER 10, 1924, IS PROPERLY PAYABLE FROM APPROPRIATION "ARMING, EQUIPPING AND TRAINING THE NATIONAL GUARD, F.Y. 1925," BUT IS DEFECTIVE IN THAT THE SCHEDULE OF FLIGHTS IS NOT PREPARED AS REQUIRED BY THE CIRCULAR JUST QUOTED.

3. I AM ADVISED BY THE COMMANDING OFFICER, BROOKS FIELD, TEXAS, THAT THE RECORDS OF HIS OFFICE DO NOT SHOW THE HOUR AND DURATION OF EACH FLIGHT, BUT THAT THE DATE, NUMBER, AND DURATION OF ALL FLIGHTS IS CORRECT IN HIS CERTIFICATE.

4. IN VIEW OF THE ABOVE, ADVANCE DECISION BEFORE PAYMENT, IS REQUESTED.

BY SPECIAL ORDERS, NO. 74, OFFICE OF THE ADJUTANT GENERAL OF COLORADO, DATED SEPTEMBER 10, 1924, BY DIRECTION OF THE SECRETARY OF WAR, LIEUTENANT CHAPPELL WAS DIRECTED TO PROCEED FROM DENVER, COLO., HIS HOME STATION, AT SUCH TIME AS WOULD ENABLE HIM TO REPORT TO THE COMMANDING OFFICER, BROOKS FIELD, TEX., NOT LATER THAN SEPTEMBER 13, 1924, FOR THE PURPOSE OF ATTENDING THE PRIMARY FLYING COURSE, AIR SERVICE, BEGINNING SEPTEMBER 15, 1924, AND UPON COMPLETION OF THIS COURSE OR WHEN RELIEVED BY THE COMMANDING OFFICER, TO RETURN TO HIS PROPER STATION.

BY SPECIAL ORDERS, NO. 10, HEADQUARTERS, BROOKS FIELD, SAN ANTONIO, TEX., DATED JANUARY 13, 1925, IT WAS DIRECTED:

3. HAVING COMPLETED THE FOUR MONTHS' COURSE OF TRAINING AT THE AIR SERVICE PRIMARY FLYING SCHOOL, THIS STATION, THE FOLLOWING-NAMED NATIONAL GUARD OFFICERS ARE HEREBY RELIEVED FROM FURTHER TRAINING, EFFECTIVE JANUARY 15, 1925:

1ST LIEUT. EDGAR E. CHAPPELL, 120TH OBSN.EQDN., COL. NAT-L GUARD.

BY SECTION 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1035, THE ATTENDANCE OF A LIMITED NUMBER OF SELECTED OFFICERS OF THE NATIONAL GUARD TO PURSUE A REGULAR COURSE OF STUDY AT MILITARY SERVICE SCHOOLS IS AUTHORIZED, AND PROVISION MADE FOR THEIR RECEIVING OUT OF ANY NATIONAL GUARD ALLOTMENT OF FUNDS AVAILABLE FOR THE PURPOSE FEDERAL PAY AND ALLOWANCES WHILE IN ACTUAL ATTENDANCE AT SUCH SCHOOL, AND FOR THE NECESSARY PERIOD OF TRAVEL FROM AND TO THE HOME STATION.

SECTION 4 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, EFFECTIVE FROM AND AFTER JULY 1, 1922, AMENDING SECTION 20 OF THE ACT OF JUNE 10, 1922, PROVIDES AMONG OTHER THINGS THAT OFFICERS OF THE NATIONAL GUARD PERFORMING DUTIES PROVIDED FOR BY SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SHALL RECEIVE AN INCREASE OF 50 PERCENT OF THEIR PAY WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND THAT REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT.

REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION ARE CONTAINED IN EXECUTIVE ORDER OF SEPTEMBER 14, 1925, IN WHICH IT IS PROVIDED:

1. OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD, WHO, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, ARE PHYSICALLY FIT FOR FLYING, AND WHO COME WITHIN THE FOLLOWING CLASSES, WILL BE CONSIDERED AS ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS.

E. OFFICERS AND ENLISTED MEN, WHO, UNDER AUTHORITY OF THE SECRETARY OF WAR ARE IN ATTENDANCE AT A COURSE OF INSTRUCTION IN AIRCRAFT PILOT DUTIES, AIRCRAFT OBSERVER DUTIES, OR FLIGHT SURGEON DUTIES AT A SERVICE SCHOOL.

3. EACH OFFICER AND ENLISTED MAN OF THE NATIONAL GUARD WHILE ON DUTY REQUIRING HIM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS SHALL, UNLESS EXCUSED THEREFROM BY HIS IMMEDIATE COMMANDING OFFICER BE REQUIRED:

A. WHEN PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTION 94, 97, OR 99, NATIONAL DEFENSE ACT, TO MAKE AT LEAST 10 AERIAL FLIGHTS OR BE IN THE AIR A TOTAL OF FOUR HOURS DURING EACH COMPLETE CALENDAR MONTH, AND DURING A FRACTIONAL PART OF A CALENDAR MONTH TO MAKE A PROPORTIONATE NUMBER OF AERIAL FLIGHTS OR BE IN THE AIR A PROPORTIONATE PERIOD OF TIME.

4. A. AN OFFICER OR ENLISTED MAN OF THE NATIONAL GUARD ON DUTY REQUIRING HIM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, WHO WHILE PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTION 94, 97, OR 99, NATIONAL DEFENSE ACT, PARTICIPATES IN AT LEAST 10 AERIAL FLIGHTS OR IS IN THE AIR A TOTAL OF FOUR HOURS DURING A COMPLETE CALENDAR MONTH, SHALL RECEIVE AN INCREASE OF 50 PERCENTUM IN THE PAY PRESCRIBED BY LAW FOR OFFICERS AND ENLISTED MEN PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99, NATIONAL DEFENSE ACT. DURING A FRACTIONAL PART OF A CALENDAR MONTH SUCH OFFICER OR ENLISTED MAN SHALL RECEIVE SUCH INCREASE OF PAY IF HE PARTICIPATES IN A PROPORTIONATE NUMBER OF AERIAL FLIGHTS OR IS IN THE AIR A PROPORTIONATE PERIOD OF TIME.

FURTHER REGULATIONS WERE MADE BY ORDER OF THE SECRETARY OF WAR PROMULGATED IN MILITIA BUREAU CIRCULAR NO. 46-B, DATED OCTOBER 12, 1925, IN WHICH IT IS PROVIDED:

4. PARTICIPATION IN AERIAL FLIGHTS WILL BE SHOWN IN THE CASE OF EACH OFFICER AND ENLISTED MAN BY A SCHEDULE SHOWING BY DATE, HOUR, AND DURATION EACH FLIGHT IN WHICH HE PARTICIPATED DURING THE PERIOD COVERED BY THE PAY ROLL.

THIS REQUIREMENT IS IN ACCORDANCE WITH DECISIONS OF THIS OFFICE. SEE 2 COMP. GEN. 185, 237, AND 370; 43 MS. COMP. GEN. 1304, MARCH 28, 1925. IS NECESSARY TO KEEP A RECORD OF THE INDIVIDUAL FLIGHTS AND THE DURATION OF EACH IN ORDER TO DETERMINE THE TOTAL NUMBER OF FLIGHTS MADE AND THE TOTAL TIME IN THE AIR. THE PURPOSE OF THE REQUIREMENT IS TO INSURE ACCURACY IN THE EVIDENCE SUBSTANTIATING THE CLAIM FOR FLYING PAY.

ATTACHED TO THE VOUCHER IN QUESTION ARE WHAT PURPORT TO BE SCHEDULES OF FLIGHTS FOR EACH MONTH SHOWING THE DATES ON WHICH FLIGHTS WERE MADE, THE TOTAL NUMBER OF FLIGHTS, AND THE TOTAL TIME IN THE AIR, AS FOLLOWS:

CHART

NUMBER TIME IN

DATE OF FLIGHTS AIR SEPT. 29, 30, 1924 ----------------------- 15 1.15 OCT. 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15,

17, 18, 20, 21, 24, 25, 27, 28, 29, 30,

31, 1924 ------------------------------ 58 13.35 NOV. 3, 4, 5, 6, 7, 10, 11, 12, 13, 14,

17, 18, 19, 20, 21, 24, 25, 26, 1924 -- 67 19.05 DEC. 1, 4, 5, 6, 8, 9, 10, 11, 12, 15,

16, 17, 22, 30, 1924 ------------------ 90 22.30 JAN. 3, 4, 5, 6, 7, 9, 12, 13, 14, 1925 -- 28 10.40

IT IS APPARENT THAT THE SAID SCHEDULES OF FLIGHTS DO NOT CONTAIN THE REQUIRED INFORMATION AS TO THE HOUR OF EACH FLIGHT IN THE FORM REQUIRED BY MILITIA BUREAU CIRCULAR NO. 46-B.

UNDER DATE OF DECEMBER 21, 1925, THE COMMANDING OFFICER OF THE AIR SERVICE PRIMARY FLYING SCHOOL, BROOKS FIELD, TEX., MADE THE FOLLOWING CERTIFICATE:

1. THIS TO TO CERTIFY THAT EDGAR E. CHAPPELL, 1ST LIEUTENANT, A.S., COLORADO NATIONAL GUARD, WAS A STUDENT OFFICER AT THIS SCHOOL FROM SEPTEMBER 15, 1924, TO JANUARY 15, 1925, TAKING THE REGULAR NATIONAL GUARD COURSE OF FLYING INSTRUCTION.

2. LIEUTENANT CHAPPELL SATISFACTORILY COMPLETED THE COURSE AT THIS SCHOOL ON JANUARY 15, 1925.

IN VIEW OF THE FACTS THAT THE RECORDS OF THE COMMANDING OFFICER AT BROOKS FIELD, TEX., DO NOT SHOW THE HOUR OF EACH FLIGHT AND THAT THE FLYING DUTY IN QUESTION WAS PERFORMED PRIOR TO THE ISSUANCE OF THE REGULATIONS ON THE SUBJECT, THE EVIDENCE SUBMITTED WILL BE ACCEPTED AS SHOWING THAT THE OFFICER PARTICIPATED IN AT LEAST THE MINIMUM NUMBER OF FLIGHTS REQUIRED BY SAID EXECUTIVE ORDER.

PAYMENT OF THE VOUCHER, IF OTHERWISE CORRECT, IS THEREFORE AUTHORIZED.