A-17197, JULY 12, 1927, 7 COMP. GEN. 28

A-17197: Jul 12, 1927

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IS DISCHARGED AS AN ENLISTED MAN TO ACCEPT A COMMISSION IN THE AIR CORPS OF THE ARMY AND IS IMMEDIATELY DETAILED TO DUTY INVOLVING FLYING. HE IS ENTITLED TO FLYING PAY FOR THE ENTIRE PORTION OF THE CALENDAR MONTH SERVED AS A COMMISSIONED OFFICER. ALTHOUGH THE ORDER EVIDENCING HIS ASSIGNMENT TO FLYING DUTY WAS NOT RECEIVED BY HIM UNTIL THE LAST DAY OF THE CALENDAR MONTH DURING WHICH HE MADE THE REQUIRED FLIGHTS AS AN ENLISTED MAN. FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER THEREWITH TRANSMITTED IN FAVOR OF SECOND LIEUT. LIEUTENANT O-CONNOR WAS A STAFF SERGEANT. ON HIS APPOINTMENT AS AN OFFICER HE WAS BY PERSONNEL ORDER NO. 209. LIEUTENANT O-CONNOR WAS DIRECTED TO PROCEED TO WRIGHT FIELD.

A-17197, JULY 12, 1927, 7 COMP. GEN. 28

PAY - AVIATION DUTY - ENLISTED MAN OF ARMY COMMISSIONED AN OFFICER WHERE AN ENLISTED MAN OF THE ARMY HOLDING A RATING AS AIRPLANE PILOT MAKES 10 FLIGHTS DURING THE CALENDAR MONTH, IS DISCHARGED AS AN ENLISTED MAN TO ACCEPT A COMMISSION IN THE AIR CORPS OF THE ARMY AND IS IMMEDIATELY DETAILED TO DUTY INVOLVING FLYING, IN VIEW OF THE MANDATORY REQUIREMENTS OF LAW AND REGULATION THAT 90 PERCENT OF THE OFFICERS OF THE AIR CORPS SHALL BE FLYING OFFICERS AND THAT FLYING OFFICERS SHALL BE DETAILED TO DUTY INVOLVING FLYING, HE IS ENTITLED TO FLYING PAY FOR THE ENTIRE PORTION OF THE CALENDAR MONTH SERVED AS A COMMISSIONED OFFICER, ALTHOUGH THE ORDER EVIDENCING HIS ASSIGNMENT TO FLYING DUTY WAS NOT RECEIVED BY HIM UNTIL THE LAST DAY OF THE CALENDAR MONTH DURING WHICH HE MADE THE REQUIRED FLIGHTS AS AN ENLISTED MAN.

COMPTROLLER GENERAL MCCARL TO MAJ. D. W. MOREY, UNITED STATES ARMY, JULY 12, 1927:

THERE HAS BEEN RECEIVED BY FIRST INDORSEMENT OF JANUARY 25, 1927, YOUR REQUEST OF JANUARY 20, 1927, FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER THEREWITH TRANSMITTED IN FAVOR OF SECOND LIEUT. CHARLES W. O- CONNOR, AIR CORPS, FOR 50 PERCENT INCREASE OF PAY FOR FLYING FOR THE PERIOD SEPTEMBER 7 TO SEPTEMBER 30, 1926. PRIOR TO SEPTEMBER 7, 1926, LIEUTENANT O-CONNOR WAS A STAFF SERGEANT, FIRST OBSERVATION SQUADRON (R.S.), AIR CORPS, AND DETAILED TO DUTY INVOLVING FLYING, HAVING BEEN DISCHARGED SEPTEMBER 6, 1926, TO ACCEPT A COMMISSION AS A SECOND LIEUTENANT, AIR CORPS, REGULAR ARMY. THE FLIGHT CERTIFICATE ATTACHED TO HIS FINAL STATEMENT SHOWS HE MADE 11 FLIGHTS OF A DURATION OF 1 HOUR AND 25 MINUTES SEPTEMBER 1, AND 2 FLIGHTS OF 2 HOURS 15 MINUTES' DURATION SEPTEMBER 3, 1926. ON HIS APPOINTMENT AS AN OFFICER HE WAS BY PERSONNEL ORDER NO. 209, DATED OFFICE, CHIEF OF AIR CORPS, WASHINGTON, SEPTEMBER 7, 1926, DETAILED TO DUTY INVOLVING FLYING. BY PARAGRAPH 4 OF SPECIAL ORDER NO. 214, DATED HEADQUARTERS, MITCHELL FIELD, LONG ISLAND, N.Y., SEPTEMBER 8, 1926, LIEUTENANT O-CONNOR WAS DIRECTED TO PROCEED TO WRIGHT FIELD, FAIRFIELD, OHIO, AND REPORT TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY, 30 DAYS' DELAY EN ROUTE BEING AUTHORIZED (CHANGED TO 20 DAYS BY PARAGRAPH 3 OF SPECIAL ORDER 215, SAME HEADQUARTERS, SEPTEMBER 9, 1926).

IT APPEARS FROM THE FLYING CERTIFICATE ATTACHED TO THE VOUCHER YOU HAVE PRESENTED THAT ON SEPTEMBER 8, 1926, LIEUTENANT O-CONNOR MADE 3 FLIGHTS OF 15 MINUTES' DURATION, AND ON SEPTEMBER 14, 10 FLIGHTS OF 50 MINUTES' DURATION. THE ORDER OF SEPTEMBER 7, 1926, DETAILING LIEUTENANT O-CONNOR TO FLYING DUTY WAS NOT RECEIVED BY HIM UNTIL SEPTEMBER 30, 1926, AND YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT IS BECAUSE OF DECISIONS HOLDING THAT WHERE AN OFFICER IS DETAILED TO DUTY INVOLVING FLYING HE IS NOT ENTITLED TO THE INCREASED PAY UNTIL HE REPORTS FOR AND ENTERS UPON DUTY UNDER THE ORDER DETAILING HIM TO DUTY INVOLVING FLYING. 2 COMP. GEN. 370; 21 MS. COMP. GEN. 438, A.D. 7543, TO THE SECRETARY OF THE NAVY, MAY 11, 1923; AND A-11921, TO YOU, MAY 4, 1926. THE RULE IS THAT AN OFFICER IS NOT DETAILED TO OR ON DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS UNTIL HE RECEIVES NOTICE OF THE DETAIL OR ASSIGNMENT AND ENTERS UPON THE DUTY. THE FACTS OF THIS CASE SHOW THAT THE OFFICER AS AN OFFICER AND AS AN ENLISTED MAN WAS DURING THE MONTH OF SEPTEMBER, 1926, CONTINUOUSLY UNDER DETAIL TO DUTY INVOLVING FLYING AND THAT AS AN ENLISTED MAN HE MADE THE REQUIRED FLIGHTS FOR THE MONTH OF SEPTEMBER. IN 3 COMP. GEN. 384 WAS CONSIDERED THE CASE OF AN ENLISTED MAN WHOSE DETAIL TO DUTY INVOLVING FLYING WAS REVOKED BY HIS DISCHARGE, ON EXPIRATION OF ENLISTMENT, AFTER MAKING THE REQUIRED FLIGHTS FOR THE MONTH AND WHO UPON REENLISTMENT TWO DAYS LATER WAS AGAIN DETAILED TO FLYING DUTY BUT WHO DURING THE REMAINDER OF THE CALENDAR MONTH MADE NO FURTHER FLIGHTS. THAT CASE IT WAS SAID:

* * * IT IS APPARENT THAT A CALENDAR MONTH IS THE UNIT FOR DETERMINING THE MINIMUM FLIGHT PERFORMANCE, BUT IT IS NOT APPARENT FROM THE LANGUAGE THEREOF THAT THE (EXECUTIVE) ORDER CONTEMPLATES IN ANY CONDITION TO REQUIRE DOUBLE MEASURE OF PERFORMANCE FOR ANY CALENDAR MONTH. ACCORDINGLY, THE FACT OF A BREAK IN THE DETAIL WITHIN ANY PARTICULAR MONTH WOULD NOT FORFEIT RIGHT TO INCREASE PAY DURING ANY PART OF THAT MONTH IN WHICH A DETAIL IS IN EFFECT.

IN THIS CASE CLAIMANT HAVING PERFORMED THE MINIMUM MONTHLY REQUIREMENT FOR AUGUST, 1922, PRIOR TO EXPIRATION OF ENLISTMENT AND TERMINATION OF HIS DETAIL THEREUNDER, CREDIT THEREFOR IS APPLICABLE TO THE PERIOD AUGUST 28 TO 31, 1922, IN WHICH A SUBSEQUENT DETAIL WAS IN EFFECT. * *

IN THAT CASE THERE WAS NO QUESTION AS TO WHEN THE SECOND DETAIL BECAME EFFECTIVE AND IN VIEW OF ALL THE CIRCUMSTANCES OF THE PRESENT CASE THERE IS NO QUESTION AS TO THE EFFECTIVE DATE OF LIEUTENANT O CONNOR'S DETAIL TO DUTY INVOLVING FLYING. THE MILITARY HISTORY OF LIEUTENANT O-CONNOR FURNISHED BY THE ADJUTANT GENERAL SHOWS THAT HE QUALIFIED AS AN AIRPLANE PILOT DECEMBER 21, 1922; THAT HE WAS APPOINTED A SECOND LIEUTENANT, AIR SERVICE, OFFICERS' RESERVE CORPS, DECEMBER 20, 1922; THAT HE HELD A CERTIFICATE OF CAPACITY AS A FIRST LIEUTENANT, AIR SERVICE RESERVE, DATED JANUARY 8, 1926, AND WAS PLACED ON DUTY INVOLVING FLYING FOR SUCH PERIODS AS HE MIGHT BE CALLED TO ACTIVE DUTY PER PARAGRAPH 1, PERSONNEL ORDERS, NO. 76, OFFICE CHIEF OF AIR SERVICE, DATED APRIL 1, 1925. SECTION 13A OF THE NATIONAL DEFENSE ACT AS AMENDED, 44 STAT. 780, REQUIRES THAT OF THE OFFICERS OF THE AIR CORPS "AT LEAST 90 PERCENTUM OF THE OFFICERS IN EACH GRADE BELOW THAT OF BRIGADIER GENERAL SHALL BE FLYING OFFICERS," AND THAT "A FLYING OFFICER IN TIME OF PEACE IS DEFINED AS ONE WHO HAS RECEIVED AN AERONAUTICAL RATING AS A PILOT OF SERVICE TYPES OF AIRCRAFT.' PARAGRAPH 2 OF THE EXECUTIVE ORDER OF JULY 1, 1922, PROVIDES:

EACH OFFICER OR WARRANT OFFICER WHO IS A QUALIFIED AIRCRAFT PILOT AND WHO IS NOT UNFIT FOR DUTIES AS SUCH, AND WHO IS COMMISSIONED IN, OR DULY ASSIGNED OR ATTACHED TO THE AIR SERVICE OF THE ARMY, * * * SHALL BE DETAILED TO DUTY INVOLVING FLYING; * * * AND SUCH DETAIL SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH COMMISSION, ASSIGNMENT, OR ATTACHMENT, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPHS 9 AND 10.

THE OFFICER IN THIS CASE HAD JUST PASSED A PHYSICAL EXAMINATION FOR COMMISSION IN THE REGULAR ARMY. THERE COULD BE NO QUESTION OF HIS PHYSICAL FITNESS. HE WAS A QUALIFIED AIRPLANE PILOT AND THESE MANDATORY PROVISIONS OF LAW AND REGULATIONS REQUIRED HIS IMMEDIATE DETAIL TO DUTY INVOLVING FLYING. WHILE IT IS NOT INTENDED TO SUGGEST THAT THESE PROVISIONS OF LAW AND REGULATION COUPLED WITH HIS PHYSICAL EXAMINATION WILL TAKE THE PLACE OF A DETAIL TO DUTY INVOLVING FLYING, YET WHERE THE DETAIL IS ACTUALLY MADE AND THE OFFICER HAVING THE QUALIFICATIONS ACTS ON THAT THE FORMAL DETAIL WILL BE ISSUED AND WILL BE COMMUNICATED TO HIM, THE DELAY IN THE RECEIPT OF THE ORDER EVIDENCING THE DETAIL WILL NOT DEPRIVE HIM OF THE INCREASE OF PAY FOR FLYING FROM THE EFFECTIVE DATE OF THE DETAIL IF THERE HAS BEEN A COMPLIANCE WITH THE OTHER REQUISITES FOR PAYMENT OF INCREASED PAY FOR FLYING DUTY. THE FLIGHTS MADE WHILE AN ENLISTED MAN DURING THE MONTH OF SEPTEMBER, THERE HAVING BEEN A CONTINUOUS DETAIL TO FLYING DUTY, ENTITLE THE OFFICER TO FLYING PAY SEPTEMBER 7 TO SEPTEMBER 30, 1926, AND IF THE VOUCHER IS OTHERWISE CORRECT IT MAY BE PAID. IN THIS VIEW OF THE CASE IT IS NOT NECESSARY TO CONSIDER WHETHER THE FLIGHTS MADE WHILE ON LEAVE AND NOT ON DUTY WOULD ENTITLE HIM TO FLYING PAY.