A-18766, JUNE 29, 1927, 6 COMP. GEN. 851

A-18766: Jun 29, 1927

Additional Materials:

Contact:

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

 

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

IS INJURED IN AN AVIATION ACCIDENT. SO FAR AS DISBURSEMENTS ARE INVOLVED. THE REVISED INSTRUCTIONS AND EXECUTIVE ORDER ARE AS FOLLOWS: ADDITIONAL PAY FOR OFFICERS AND ENLISTED MEN UNDER ORDERS REQUIRING AERIAL FLIGHTS 1. IS AS FOLLOWS: "SEC. 20. WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS. WHEN IN CONSEQUENCE SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN. SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. THE NUMBER OF OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT WHO MAY BE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN.

A-18766, JUNE 29, 1927, 6 COMP. GEN. 851

PAY - AVIATION DUTY THE EXECUTIVE ORDER OF MARCH 10, 1927, ISSUED UNDER SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AS AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, 44 STAT. 782, IN EXCUSING PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS, AS THEREIN DEFINED, FOR A PERIOD OF THREE MONTHS BY AN OFFICER OR ENLISTED MAN WHO, WHILE ASSIGNED TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS, IS INJURED IN AN AVIATION ACCIDENT, DOES NOT AUTHORIZE PAYMENT OF THE INCREASED PAY FOR FLYING DURING THE SAID THREE MONTHS WHILE EXCUSED FROM PERFORMANCE OF FLYING DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 29, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 3, 1926, REQUESTING APPROVAL, SO FAR AS DISBURSEMENTS ARE INVOLVED, OF REVISED INSTRUCTIONS IN SECTION F OF THE "PAY BILL INSTRUCTIONS," TO ACCORD WITH SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AS AMENDED BY THE ACT OF JULY 2, 1926, 44 STAT. 780, AND THE EXECUTIVE ORDER OF MARCH 10, 1927, PURSUANT THERETO.

THE REVISED INSTRUCTIONS AND EXECUTIVE ORDER ARE AS FOLLOWS:

ADDITIONAL PAY FOR OFFICERS AND ENLISTED MEN UNDER ORDERS REQUIRING

AERIAL FLIGHTS

1. (A) SECTION 20 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF JULY 2, 1926, IS AS FOLLOWS:

"SEC. 20. THAT ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF ALL BRANCHES OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT, SHALL RECEIVE THE SAME INCREASE OF THEIR PAY AND THE SAME ALLOWANCE FOR TRAVELING EXPENSES AS ARE AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. EXCLUSIVE OF THE ARMY AIR CORPS, AND STUDENT AVIATORS AND QUALIFIED AIRCRAFT PILOTS OF THE NAVY, MARINE CORPS, AND COAST GUARD, THE NUMBER OF OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT WHO MAY BE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT SHALL NOT AT ANY ONE TIME EXCEED 1 PERCENTUM OF THE TOTAL AUTHORIZED COMMISSIONED STRENGTH OF SUCH SERVICE. OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 92, 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND OF THE RESERVES OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT CALLED TO ACTIVE DUTY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT AND WHEN SUCH FLYING INVOLVES TRAVEL THEY SHALL ALSO RECEIVE THE SAME ALLOWANCES FOR TRAVELING EXPENSES AS ARE OR HEREAFTER MAYBE AUTHORIZED FOR THE REGULAR ARMY: PROVIDED, THAT WHEN OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD ARE ENTITLED TO ARMORY DRILL PAY, THE INCREASE OF 50 PERCENTUM THEREOF HEREIN PROVIDED SHALL BE BASED ON THE ENTIRE AMOUNT OF SUCH ARMORY DRILL PAY TO WHICH THEY SHALL BE ENTITLED FOR A CALENDAR MONTH OR FRACTIONAL PART THEREOF, AND THE REQUIRED AERIAL FLIGHTS MAY BE MADE AT ORDERED DRILLS OF AN AIR SERVICE ORGANIZATION, OR AT OTHER TIMES WHEN SO AUTHORIZED BY THE PRESIDENT. REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL THE SERVICES CONCERNED.'

(B) NOTE THAT THE WORDS "WHEN DETAILED TO DUTY INVOLVING FLYING" HAVE BEEN REPLACED BY THE FOLLOWING:

"WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT.'

THE WORDS "AS ARE AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY," REFER TO THE 50 PERCENT OF THE BASE PAY PLUS LONGEVITY.

(C) TWO FACTORS UNDERLIE THE RIGHT OF A MAN TO INCREASED PAY FOR FLYING, I.E.:

(A) THAT HE BE IN RECEIPT OF ORDERS FROM COMPETENT AUTHORITY REQUIRING AERIAL FLIGHTS.

(B) THAT HE PERFORM THE FLYING PRESCRIBED IN THE EXECUTIVE ORDER.

2. (A) THE EXECUTIVE ORDER (COPY ATTACHED), EMBODYING THE REGULATIONS REQUIRED BY SECTION 20 OF THE ACT, AS AMENDED, THEREFORE, HAS AS ITS UNDERLYING PRINCIPLES:

(A) THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN, ASSIGNED TO DUTY IN THE AERONAUTIC ORGANIZATION OF THE NAVY MUST RECEIVE ORDERS OF COMPETENT AUTHORITY WHICH REQUIRE HIM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS.

(B) THAT HE MUST PERFORM THE FLYING PRESCRIBED IN THE EXECUTIVE ORDER.

(B) IT IS EVIDENCE THAT CONGRESS INTENDED THE INCREASED PAY FOR FLYING AS A COMPENSATION FOR THE RISK INCURRED BY REASON OF FLYING AND THEREFORE A MINIMUM AMOUNT OF FLYING IS REQUIRED TO ENTITLE A PERSON, UNDER ORDERS REQUIRING AERIAL FLIGHTS, TO INCREASE IN PAY AND THIS MINIMUM IS THE SAME FOR ALL PERSONNEL.

(C) MEANS OF SUSPENDING FLIGHT PAY HAVE BEEN PROVIDED TO APPLY IN CASES WHERE IT IS IMPOSSIBLE FOR AN INDIVIDUAL TO MEET THE FLIGHT REQUIREMENTS.

3. (A) PARAGRAPHS TWO TO NINE, INCLUSIVE, OF THE EXECUTIVE ORDER COVER THE ASSIGNMENT AND INSTRUCTIONS RELATIVE TO THE ISSUE OF ORDERS REQUIRING AERIAL FLIGHTS OF ALL CLASSES. IT WILL BE NOTED THAT ORDERS REQUIRING AERIAL FLIGHTS IN THE CASE OF OFFICERS OR WARRANT OFFICERS, MUST BE ISSUED BY THE CHIEF OF THE BUREAU OF NAVIGATION FOR THE NAVY, IN THE CASE OF ENLISTED MEN, BY THE COMMANDING OFFICER. PARAGRAPH TWELVE PROVIDES THE MEANS OF SUSPENDING FLYING PAY AS WILL BE EXPLAINED HEREAFTER. OFFICERS AND WARRANT OFFICERS WILL HEREAFTER BE ORDERED TO DUTY IN THE AERONAUTIC ORGANIZATION OF THE NAVY, FOR DUTY IN THE UNIT IN WHICH THEY SHALL FLY. THEIR ORDERS REQUIRING AERIAL FLIGHTS MAY BE CONTAINED IN THE SAME ORDERS OR MAY BE IN THE FORM OF A SEPARATE ORDER, BUT WITHOUT SUCH ORDERS THEY CAN NOT BECOME ENTITLED TO FLIGHT PAY. QUALIFIED PERSONNEL ARE REQUIRED TO FILE A CERTIFIED COPY OF DESIGNATION OR APPOINTMENT AS PILOT, OBSERVER, ETC., WITH THE DISBURSING OFFICER AS A PAY-ROLL VOUCHER, BUT NO SUCH VOUCHER IS REQUIRED IN THE CASE OF UNQUALIFIED PERSONNEL. ORDERS TO ENLISTED MEN REQUIRING AERIAL FLIGHTS SHALL BE ISSUED BY COMMANDING OFFICERS AS HERETOFORE.

(B) EXISTING ORDERS, DESIGNATIONS, OR APPOINTMENTS SHALL REMAIN IN EFFECT UNTIL SUPERSEDED BY FURTHER ORDERS, DESIGNATIONS, OR APPOINTMENTS, BUT THE FLIGHT REQUIREMENTS PRESCRIBED BY PARAGRAPH 10 ARE EFFECTIVE FROM JULY 1, 1927.

4. (A) ORDERS REQUIRING AERIAL FLIGHTS CONTINUE IN EFFECT DURING THE ENTIRE PERIOD OF COMMISSION, ASSIGNMENT, OR ATTACHMENT WITH ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY EXCEPT AS PROVIDED IN PARAGRAPH 12 OF THE EXECUTIVE ORDER. THE EFFECTIVE DATE OF ORDERS REQUIRING AERIAL FLIGHTS AND THE DATE OF TERMINATION OF SUCH ORDERS MARK THE PERIOD DURING WHICH FLIGHT PAY MAY BE CREDITED. THEREFORE IF THE FLIGHT REQUIREMENTS (PAR. 10) ARE MET FOR THE MONTH OR FRACTION THEREOF IN WHICH THE ORDERS ARE EFFECTIVE, FLIGHT PAY IS DUE FROM THE EFFECTIVE DATE TO THE END OF THAT MONTH; SIMILARLY, IF THE FLIGHT REQUIREMENTS ARE MET UP TO AND INCLUDING THE MONTH OF FRACTION THEREOF IN WHICH THE ORDERS ARE TERMINATED, FLIGHT PAY IS DUE FROM THE FIRST OF SUCH MONTH TO AND INCLUDING THE DATE OF TERMINATION OF THE ORDERS.

(B) AN ORDER TO AN OFFICER REQUIRING AERIAL FLIGHTS, OTHER CONDITIONS BEING MET, IS EFFECTIVE PURSUANT TO ITS TERMS, FOR PURPOSES OF FLIGHT PAY, WHEN THE OFFICER NAMED REPORTS FOR AND ENTERS UPON DUTY THEREUNDER. WHERE AN OFFICER IS IN A NONDUTY STATUS, SUCH AS LEAVE, SICK, ETC., WHEN ORDERS REQUIRING AERIAL FLIGHTS ARE ISSUED, SUCH ORDERS SHALL NOT BE EFFECTIVE FOR PURPOSES OF PAY UNTIL HE SHALL HAVE RETURNED TO A DUTY STATUS AND REPORTED FOR AND ENTERED ON DUTY UNDER SUCH ORDERS REQUIRING AERIAL FLIGHTS.

EXAMPLES:

(1) OFFICER'S ORDERS REQUIRING AERIAL FLIGHTS DATED DECEMBER 1. ORDERS RECEIVED BY OFFICER DECEMBER 5, REPORTED FOR, ENTERED ON DUTY THEREUNDER SAME DATE. FOR PURPOSES OF PAY SUCH ORDERS ARE EFFECTIVE FROM DECEMBER 5.

(2) SAME ORDER AS IN EXAMPLE (1): RECEIVED DECEMBER 5, REPORTED FOR AND ENTERED ON DUTY THEREUNDER DECEMBER 7. FOR PURPOSES OF PAY ORDERS ARE EFFECTIVE DECEMBER 7.

(3) SAME ORDER AS IN EXAMPLE (1): OFFICER ON LEAVE EXPIRING WITH DECEMBER 15. REPORTED FOR AND ENTERED ON DUTY UNDER ORDERS DECEMBER 16. FOR PURPOSES OF PAY ORDERS ARE EFFECTIVE FROM DECEMBER 16. (DECISION COMP. GEN. A.D. 7543 OF MAY 11, 1923.)

5. PARAGRAPH 10 MAKES OBLIGATORY A MINIMUM AMOUNT OF FLYING AS FOLLOWS:

(A) DURING ONE CALENDAR MONTH: 10 FLIGHTS TOTALING AT LEAST 3 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF FOUR HOURS.

(B) DURING TWO CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBPARAGRAPH (A) HAVE NOT BEEN MET: 20 FLIGHTS TOTALING AT LEAST 6 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF EIGHT HOURS.

(C) DURING THREE CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBPARAGRAPH (B) ABOVE HAVE NOT BEEN MET: 30 FLIGHTS TOTALING AT LEAST 9 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF 12 HOURS.

(D) FOR FRACTIONS OF A CALENDAR MONTH THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF FLIGHTS AND THE TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

(E) FOR FRACTIONS OF TWO CONSECUTIVE CALENDAR MONTHS, THE PERIOD IN QUESTION SHALL BE CONSIDERED AS A UNIT AND THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF AERIAL FLIGHTS AND TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

NOTE.--- THE ABOVE REQUIREMENTS FOR ANY PARTICULAR PERIOD MAY BE MET AT ANY TIME DURING SUCH PERIOD.

6. (A) THE NORMAL FLIGHT REQUIREMENT IS 10 FLIGHTS TOTALING AT LEAST 3 HOURS OR 4 HOURS IN THE AIR EACH CALENDAR MONTH, AND THEREFORE THE ALTERNATIVE TWO OR THREE MONTHS' PERIOD IN WHICH THE FLIGHT REQUIREMENTS ARE PERMITTED TO BE MET MUST BEGIN WITH THE FIRST MONTH IN WHICH FLIGHT REQUIREMENTS ARE NOT MET.

(B) IT WILL BE NOTED THAT ONLY A PRO RATA NUMBER OF FLIGHTS MUST BE PERFORMED FOR FRACTIONS OF A CALENDAR MONTH AND FOR FRACTIONS OF TWO CONSECUTIVE CALENDAR MONTHS. THIS PROVISION HAS APPLICATION GENERALLY TO CASES OF RESERVES ON TRAINING DUTY FOR FRACTIONS OF A MONTH, CASES OF FIRST REPORTING UNDER AVIATION ORDERS DURING A MONTH, ETC. FOR PURPOSES OF COMPUTATION A MONTH WILL BE FIGURED ON A BASIS OF 30 DAYS.

EXAMPLES:

CASE 1

DAYS RESERVIST ON AVIATION DUTY JANUARY 10 TO 24 --------------------- 15 FLIGHTS PERFORMED -------------------- -------------------------- 5

CREDIT FLIGHT PAY FROM JANUARY 10 TO 24, INCLUSIVE.

CASE 2

DAYS RESERVIST ON AVIATION DUTY MARCH 29 TO APRIL 12 ----------------- 15

---- FLIGHTS IN MARCH ------------------------------------------------ 1 FLIGHTS IN APRIL ------------------------------------------------ 4

TOTAL ------------------------------------------------------ 5

CREDIT FLIGHT PAY FROM MARCH 29 TO APRIL 12, INCLUSIVE.

CASE 3 REPORTS FOR FLYING DUTY APRIL 8 (REGULAR NAVY):

DAYS FLIGHTS IN APRIL ---------------------------------------- ------- 6 FLIGHTS IN MAY ------------------------------------------- ------ 10

TOTAL ------------------------------------------------------ 16

CREDIT FLYING PAY FOR MAY ONLY (8 FLIGHTS ARE REQUIRED FOR APRIL PERIOD).

THE NUMBER OF FLIGHTS REQUIRED FOR A FRACTIONAL PART OF A MONTH MAY BE DETERMINED FROM THE FOLLOWING SCALE:

* * * * * * * * * * * * * * (CHART OMITTED) * * * * * * * * * * * * * *

SUSPENSION FOR FLIGHT PAY FOR FAILURE TO PERFORM FLIGHTS

7. FAILURE TO PERFORM THE REQUISITE FLIGHTS FOR ANY REASON, EXCEPT SICKNESS OR INJURY INCURRED IN LINE OF DUTY, RESULTS IN A SUSPENSION OF FLIGHT PAY FOR THE PERIOD BETWEEN THE FIRST DAY OF THE MONTH SUCCEEDING THAT IN WHICH THE FLIGHT REQUIREMENTS WERE LAST MET AND THE LAST DAY OF THE MONTH PRECEDING THAT IN WHICH THE FLIGHT REQUIREMENTS ARE AGAIN MET. THE PRACTICAL EFFECT ON FLIGHT PAY IS THAT IT IS LOST FOR THE ENTIRE PERIOD DURING WHICH FLIGHT REQUIREMENTS ARE NOT MET. THE THREE MONTHS' PERIOD ALLOWED FOR COMPLYING WITH THE FLIGHT REQUIREMENTS IS INTENDED TO COVER LEAVE, TEMPORARY DUTY AWAY FROM FLYING FACILITIES, ADVERSE WEATHER CONDITIONS PREVENTING FLYING, ETC. EXAMPLES (ORDERS REQUIRING AERIAL FLIGHTS EFFECTIVE JULY 21):

CASE 1

DAYS FLIGHT IN JULY ------------------------------------------------- 4 CREDIT FLIGHT PAY ON JULY 31 FROM JULY 21 TO 31 ----------------- 10

CASE 2 DAYS FLIGHTS IN JULY ------------------------- ------------------- ---- 2 FLIGHTS IN AUGUST ----------------------- ----------------------- 12

TOTAL ------------------------------------------------------ 14

CREDIT FLIGHT PAY ON AUGUST 31 FROM JULY 21 TO AUGUST 31, 1 MONTH 10 DAYS.

CASE 3

DAYS FLIGHTS IN JULY ------- ----------------------------------------- 1 FLIGHTS IN AUGUST ----- -----------------------------------------9

(NO CREDIT AT END OF JULY OR AUGUST.) FLIGHTS IN SEPTEMBER ----- ------- ------------------------------- 14

TOTAL ------------------------------------------------------ 24

CREDIT FLIGHT PAY ON SEPTEMBER 30 FROM JULY 21 TO SEPTEMBER 30, 2 MONTHS 10 DAYS.

CASE 4

DAYS FLIGHTS IN JULY ------------------------ ------------------------ 1 FLIGHTS IN AUGUST ---------------------- ------------------------ 10

(CREDIT FLIGHT PAY ON AUGUST 31 FOR MONTH OF AUGUST, HOLDING

CREDIT FOR JULY IN ABEYANCE PENDING FLIGHTS IN SEPTEMBER.) FLIGHTS IN SEPTEMBER -------------------------------------------- 13

TOTAL ------------------------------------------------------ 24

CREDIT FLIGHT PAY ON SEPTEMBER 30 FROM JULY 21 TO 31 AND FOR MONTH OF SEPTEMBER, 1 MONTH 10 DAYS.

CASE 5

DAYS FLIGHTS IN JULY ------------------------------------------------- 1 FLIGHTS IN AUGUST ----------------------------------------------- 10

(CREDIT FLIGHT PAY ON AUGUST 31 FOR AUGUST ONLY.) FLIGHTS IN SEPTEMBER - ------------------------------------------- 10

TOTAL ------------------------------------------------------ 21

CREDIT FLIGHT PAY ON SEPTEMBER 30 FOR SEPTEMBER ONLY; FLIGHT PAY FOR JULY HAS LAPSED BECAUSE THE FLIGHT REQUIREMENTS WERE NOT MET IN THE TWO MONTHS THEREAFTER SUCCEEDING.

CASE 6

DAYS FLIGHTS IN JULY ------------------------------------- ----------- 1 FLIGHTS IN AUGUST ----------------------------------- ----------- 8 FLIGHTS IN SEPTEMBER -------------------------------- ----------- 11 FLIGHTS IN OCTOBER ---------------------------------- ----------- 10

TOTAL ------------------------------------------------------ 30

CREDIT FLIGHT PAY FOR SEPTEMBER AND OCTOBER ONLY. FLIGHT PAY JULY AND AUGUST HAS LAPSED BECAUSE FLIGHT REQUIREMENTS WERE NOT MET WITHIN THE THREE-MONTH PERIOD ENDING SEPTEMBER 30. EVERY MONTH IN WHICH THERE IS A FAILURE OF FLIGHT REQUIREMENTS DOES NOT COMMENCE THE RUNNING OF A THREE- MONTH PERIOD. (COMP. DEC. MAY 22, 1925.) (4 COMP. GEN. 975.)

CASE 7

DAYS FLIGHTS IN JULY ---------- -------------------------------------- 1 FLIGHTS IN AUGUST -------- -------------------------------------- 4FLIGHTS IN SEPTEMBER ------- ------------------------------------ 9 FLIGHTS IN OCTOBER --------- ------------------------------------ 8 FLIGHTS IN NOVEMBER -------- ------------------------------------ 14

TOTAL ------------------------------------------------------ 36

CREDIT FLIGHT PAY FOR OCTOBER AND NOVEMBER ONLY. FLIGHT PAY FOR JULY, AUGUST, AND SEPTEMBER HAS LAPSED BECAUSE FLIGHT REQUIREMENTS WERE NOT MET WITHIN THE THREE-MONTH PERIOD, I.E., PRIOR TO SEPTEMBER 30. EVERY MONTH IN WHICH THERE IS A FAILURE OF FLIGHT REQUIREMENTS DOES NOT COMMENCE THE RUNNING OF A NEW THREE-MONTH PERIOD. (COMP. DEC. MAY 22, 1925.) FLIGHT REQUIREMENTS FOR OCTOBER WERE MET IN NOVEMBER, AS OCTOBER WAS THE BEGINNING OF A NEW THREE-MONTH PERIOD.

NOTE.--- THE ABOVE EXAMPLES ARE WORKED OUT ON THE BASIS OF FLIGHTS; THE SAME PRINCIPLES APPLYING TO THE ALTERNATE REQUISITE OF HOURS IN THE AIR.

AVIATION ACCIDENT

8. (A) PARAGRAPH 10 OF THE EXECUTIVE ORDER PROVIDES THAT ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO HAS BEEN REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY ORDERS OF COMPETENT AUTHORITY AND WHO AS A RESULT OF SUCH ORDERS HAS PARTICIPATED REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHO SUBSEQUENTLY BECOMES INCAPACITATED FOR LYING BY REASON OF AN AVIATION ACCIDENT SHALL NOT BE REQUIRED TO PERFORM SUCH AERIAL FLIGHTS DURING SUCH INCAPACITY FOR PERIOD NOT TO EXCEED THREE MONTHS FOLLOWING THE DATE OF SAID ACCIDENT. THE TERM "AVIATION ACCIDENT" SHALL BE CONSTRUED TO MEAN AN ACCIDENT IN WHICH AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS IS INJURED WHILE AN OCCUPANT OF AN AIRCRAFT OR AS THE RESULT OF JUMPING FROM, BEING THROWN FROM, OR BEING STRUCK BY AN AIRCRAFT OR ANY PART OR AUXILIARY THEREOF. THE PRACTICAL EFFECT ON FLIGHT PAY UNDER THESE CONDITIONS IS THAT FLYING PAY IS SAVED TO THE INDIVIDUAL FOR A PERIOD OF THREE MONTHS FOLLOWING THE DATE OF THE ACCIDENT, EVEN THOUGH NO FLIGHTS ARE PERFORMED DURING SUCH PERIOD BECAUSE OF PHYSICAL INABILITY.

EXAMPLES:

CASE 1 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS BETWEEN JULY 1 AND JULY 10 ---------------------------------- 1

(INJURED JULY 11.) FLIGHTS BETWEEN JULY 11 AND 31 -------------- ------- ---------------- 0

CREDIT FLIGHT PAY ON JULY 31 FOR MONTH OF JULY. FLIGHTS IN AUGUST ------ --------------------------------------------- 0

CREDIT FLIGHT PAY ON AUGUST 31 FOR MONTH OF AUGUST. FLIGHTS IN SEPTEMBER ------------------------------------------------ 0

CREDIT FLIGHT PAY ON SEPTEMBER 30 FOR MONTH OF SEPTEMBER. FLIGHTS IN OCTOBER -------------------------------------------------- 7

FLIGHT REQUIREMENTS BEGIN OCTOBER 11, AND WERE MET IN MONTH OF

OCTOBER.

CREDIT FLIGHT PAY ON OCTOBER 31 FOR MONTH OF OCTOBER.

CASE 2 SAME AS CASE 1 TO AND INCLUDING THE MONTH OF SEPTEMBER. FLIGHTS IN OCTOBER -------------------------------------------------- 0

NO CREDIT ON OCTOBER 31, AS FLIGHT REQUIREMENTS BEGAN OCTOBER

11, AND WERE NOT MET. FLIGHTS IN NOVEMBER -------------------- --------- ------------------- 10

CREDIT FLIGHT PAY ON NOVEMBER 30 FOR NOVEMBER ONLY. FLIGHTS IN DECEMBER ------------------------------------------------- 20

TOTAL ---------------------------------------------------------- 30

CREDIT FLIGHT PAY ON DECEMBER 31 FOR OCTOBER AND DECEMBER AS FLIGHT REQUIREMENTS FOR OCTOBER WERE MET WITHIN THREE MONTHS' PERIOD.

(B) IN CASES OF NONPERFORMANCE OF FLIGHTS BECAUSE OF AN AVIATION ACCIDENT, THE COMMANDING OFFICER SHALL PLACE THE FOLLOWING CERTIFICATE ON THE "FLIGHT CERTIFICATE AND SCHEDULE: "

"I, ------------------------------------------------------ CERTIFY

(NAME OF COMMANDING OFFICER) THAT -------------------------------- ------ -------, U.S.N., DURING

(NAME AND RANK OR RATING OF FLYER) THE PERIOD ----------- ----------- TO -------------------- PERFORMED NO FLIGHTS BECAUSE OF PHYSICAL DISABILITY AS THE RESULT OF AN AVIATION ACCIDENT WHICH OCCURRED ON ------------------

(DATE OF ACCIDENT)

SUSPENSION FROM FLYING

9. PARAGRAPH 12 PROVIDES THAT THE COMMANDING OFFICER SHALL SUSPEND FROM FLYING ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN UNDER HIS COMMAND WHO, IN HIS OPINION, IS UNFIT FOR FLYING EXCEPT AS A RESULT OF AN AVIATION ACCIDENT. SUCH A SUSPENSION MUST, IN THE CASE OF AN OFFICER OR WARRANT OFFICER, BE CONFIRMED BY THE AUTHORITY WHO ISSUED THE ORDER REQUIRING THE INDIVIDUAL CONCERNED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AND SUCH A CONFIRMATION RESULTS IN SUSPENDING THE ORDER TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS FROM THE DATE SUSPENDED BY THE COMMANDING OFFICER. WHEN THE COMMANDING OFFICER DEEMS THE INDIVIDUAL THUS SUSPENDED TO BE AGAIN FIT FOR FLYING HE IS AUTHORIZED TO REVOKE THE SUSPENSION FROM FLYING, AND SIMILARLY REPORT HIS ACTION TO THE PROPER AUTHORITY, WHICH, IF CONFIRMED, RESULTS IN THE TERMINATION OF THE SUSPENSION. IN THE CASE OF AN ENLISTED MAN THE SUSPENSION AND REVOCATION ARE BOTH MADE AND CONFIRMED BY HIS COMMANDING OFFICER. THE PRACTICAL EFFECT OF SUCH SUSPENSION ON FLIGHT PAY IS THAT NO FLIGHT PAY ACCRUES DURING THE PERIOD SO SUSPENDED EVEN THOUGH THE FLIGHT REQUIREMENTS ARE MET FOR THE MONTH OR MONTHS INVOLVED.

EXAMPLES:

CASE 1 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS BETWEEN JULY 1 AND 10 --------------------------------------- 11

(SUSPENDED, JULY 11.)

(SUSPENSION REVOKED, JULY 21.) FLIGHTS BETWEEN JULY 22 AND 31 -- ------- ---------------------------- 0

TOTAL ---------------------------------------------------------- 11

CREDIT FLIGHT PAY ON JULY 31 FOR PERIOD JULY 1 TO JULY 10 AND JULY 22 TO JULY 31, OR A TOTAL OF 19 DAYS.

CASE 2 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS BETWEEN JULY 1 AND 10 --------------------------------------- 4

(SUSPENDED, JULY 11.)

(SUSPENSION REVOKED, JULY 21.) FLIGHTS BETWEEN JULY 22 AND 31 -- ------- ---------------------------- 7

TOTAL ---------------------------------------------------------- 11

CREDIT FLIGHT PAY ON JULY 31 FOR PERIODS JULY 1 TO JULY 10 AND JULY 22 TO JULY 31, OR A TOTAL OF 19 DAYS.

CASE 3 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS BETWEEN JULY 1 AND JULY 10 --------------------- ------------ 4

(SUSPENDED, JULY 11.)

(SUSPENSION REVOKED, JULY 21.) FLIGHTS BETWEEN JULY 22 AND 31 -- ------- ---------------------------- 5 FLIGHTS DURING AUGUST --------- ----------- -------------------------- 8 FLIGHTS DURING SEPTEMBER ---- --------------- ------------------------ 14

TOTAL ---------------------------------------------------------- 31

CREDIT FLIGHT PAY ON SEPTEMBER 30 FOR PERIODS JULY 1 TO 10 AND JULY 22 TO 31 (19 DAYS IN ALL) AND FOR AUGUST AND SEPTEMBER. SUSPENSION FROM FLYING- -- SICKNESS OR INJURY INCURRED IN LINE OF DUTY---

(OTHER THAN AVIATION ACCIDENT)

10. SECTION 12 PROVIDES THAT IN THE CASE OF A SUSPENSION FROM FLYING BY REASON OF SICKNESS OR INJURY INCURRED IN LINE OF DUTY AND THE SUSPENSION IS SUBSEQUENTLY REMOVED, SUCH SUSPENSION SHALL BE CONSIDERED AS NULLIFIED FROM ITS BEGINNING AND THE INDIVIDUAL CONCERNED SHALL BE ENTITLED TO INCREASED PAY FOR FLYING DURING ANY SUCH PERIOD PROVIDED THE REQUIREMENTS OF PARAGRAPH 10 ARE OTHERWISE FULLY COMPLIED WITH. IF AN INDIVIDUAL IS SUSPENDED FROM FLYING BECAUSE OF SICKNESS OR INJURY INCURRED IN LINE OF DUTY AND SUCH SUSPENSION IS SUBSEQUENTLY REMOVED WITHIN A PERIOD OF THREE MONTHS AND THE FLIGHT REQUIREMENTS ARE MET WITHIN SUCH PERIOD HE IS ENTITLED TO FLIGHT PAY FOR THE ENTIRE PERIOD FOR WHICH FLIGHT REQUIREMENTS HAVE BEEN MET. IF THE SUSPENSION IS NOT REVOKED WITHIN A PERIOD OF THREE MONTHS OR IF HE FAILS TO MEET THE FLIGHT REQUIREMENTS WITHIN THREE MONTHS FROM THE FIRST DAY OF THE MONTH SUCCEEDING THE MONTH IN WHICH HE LAST MET THEM, HE IS ENTITLED TO NO FLIGHT PAY UNTIL THE MONTH IN WHICH HE AGAIN MEETS THE FLIGHT REQUIREMENTS.

EXAMPLES:

CASE 1 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS IN JULY ----------- ----------------------------- ------------ 8

(SUSPENDED BECAUSE OF SICKNESS IN LINE OF DUTY, AUGUST 14.) FLIGHTS IN AUGUST (BEFORE SUSPENSION) ------------------------------- 5

(SUSPENSION REVOKED, AUGUST 25.) FLIGHTS IN AUGUST (SUBSEQUENT TO REVOCATION OF SUSPENSION) ---------- 2 FLIGHTS IN SEPTEMBER ------ ------- ---------------------------------- 16

TOTAL ---------------------------------------------------------- 31 CREDIT FLIGHT PAY ON SEPTEMBER 30 FOR ALL OF JULY, AUGUST, AND SEPTEMBER.

CASE 2 FLIGHT REQUIREMENTS MET THROUGH JUNE. FLIGHTS IN JULY ----------- ----------------------------- ------------ 8

(SUSPENDED BECAUSE OF SICKNESS IN LINE OF DUTY, AUGUST 14.) FLIGHTS IN AUGUST (BEFORE SUSPENSION) ------------------------------- 5

(SUSPENSION REVOKED, AUGUST 25.) FLIGHTS IN AUGUST (SUBSEQUENT TO REVOCATION OF SUSPENSION) ---------- 2 FLIGHTS IN SEPTEMBER ------ ------- ---------------------------------- 12

--- TOTAL -------------------------------------------------- ------- 27

CREDIT FLIGHT PAY FOR SEPTEMBER ONLY.

11. (A) COMMANDING OFFICERS SHALL IMMEDIATELY INFORM THE DISBURSING OFFICER IN WRITING OF EACH SUSPENSION FROM FLYING DUTY, GIVING THE NAME OF THE INDIVIDUAL CONCERNED, THE DATE SUSPENDED, AND THE REASON. HE SHALL SIMILARLY INFORM THE DISBURSING OFFICER OF REVOCATION OF SUSPENSIONS. THE EVENT THAT AN INDIVIDUAL IS TRANSFERRED WHILE UNDER A SUSPENSION FROM FLYING DUTY, THE COMMANDING OFFICER SHALL FORWARD A FULL STATEMENT OF FACTS IN THE CASE, INCLUDING THE DATE THE SUSPENSION WAS MADE, TO THE COMMANDING OFFICER OF THE PLACE OF NEW DUTY. IN THIS CASE THE DISBURSING OFFICER SHALL NOTE ON THE TRANSFER PAY ACCOUNT:

"ORDERS INVOLVING FLYING DUTY SUSPENDED -------------------.'

(DATE)

(B) COMMANDING OFFICERS OF ALL NAVAL AERONAUTIC ORGANIZATION UNITS WILL REQUIRE THAT EACH OFFICER, WARRANT OFFICER, AND ENLISTED MAN UNDER HIS COMMAND WHO IS ISSUED ORDERS REQUIRING AERIAL FLIGHTS ACCURATELY MAINTAIN AN "AVIATOR'S FLIGHT LOG BOOK.' IN THE COLUMN HEADED "FLIGHT NUMBER" EACH ACTUAL FLIGHT WILL BE ENTERED, ACCOMPANIED BY AN EXACT NOTATION OF THE DURATION OF EACH FLIGHT, I.E., THE INTERVAL BETWEEN LEAVING THE GROUND OR WATER AND AGAIN COMING TO REST. EACH FLIGHT SHALL BE ENTERED SEPARATELY WITH THE DATE AND DURATION. AT THE END OF EACH CALENDAR MONTH, OR UPON DETACHMENT OF THE OFFICER OR ENLISTED MAN CONCERNED, THE COMMANDING OFFICER SHALL BRING THE "AVIATOR'S FLIGHT LOG BOOK" OF EACH INDIVIDUAL INTO AGREEMENT WITH THE "OFFICIAL AIRCRAFT LOG BOOKS" AND WILL PLACE THE FOLLOWING CERTIFICATE IMMEDIATELY AFTER THE LAST ENTRY IN EACH "AVIATOR'S FLIGHT LOG BOOK: " "I CERTIFY THAT THE FOREGOING FLIGHT RECORD IS CORRECT," AND HE SHALL SIGN HIS NAME AND RANK.

(C) ON THE LAST DAY OF EACH MONTH THE COMMANDING OFFICER SHALL FURNISH THE DISBURSING OFFICER WITH THE FOLLOWING FORM OF "FLIGHT CERTIFICATE AND SCHEDULE," FOR EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN UNDER HIS COMMAND WHO IS ENTITLED TO FLIGHT PAY FOR THE MONTH. IN THE CASE OF AN OFFICER OR WARRANT OFFICER DETACHED FROM DUTY PRIOR TO EXPIRATION OF THE MONTH, NO CERTIFICATE SHALL BE FURNISHED, AS NO PAY IS DUE UNTIL THE END OF THE CALENDAR MONTH. THE PERFORMANCE OF FLIGHTS PREVIOUS TO DETACHMENT AND THE CERTIFICATE COVERING THEM IN THE "AVIATOR'S FLIGHT LOG BOOK" WILL ENABLE THE NEXT COMMANDING OFFICER TO FURNISH "FLIGHT CERTIFICATE AND SCHEDULE" FOR THE MONTH IN WHICH THE DETACHMENT OCCURRED:

CHART S. AND A. FORM NO. 64. APPROVED BY COMP. GEN.

FLIGHT CERTIFICATE AND SCHEDULE ------------------------------ ---

1 2 3 PAY NO. -------- -----

PERIOD IN THE AIR

------------------------ FLIGHT DATE ------------- ---

(PLACE) NO.

------------------------ HRS. MIN.

(DATE) ------------------------------ --- TO: DISBURSING OFFICER.

I, ------------------------------,

(NAME OF COMMANDING OFFICER) CERTIFY THAT ---------------------- --,

(NAME AND RANK OR RATING OF FLYER) U.S.N., DURING THE

PERIOD -------- TO ---------------- FULFILLED THE

FLYING REQUIREMENTS PRESCRIBED BY EXECUTIVE ORDER OF MARCH 10, 1927, UNDER CONDITIONS THEREIN SPECIFIED AND UNDER ORDERS INVOLVING FLYING ISSUED BY ---------------------------------------

(BUR.NAV. IN CASE OF OFFICER) -------------------------------- ------

("MYSELF" IN CASE OF ENLISTED MAN) 1 NO. ------------- DATED ---- ------- 19 -------. EFFECTIVE ----------------

(DATE OF REPORTING ---------------- 19 ------- . THIS AND ENTERING ON DUTY) CERTIFICATE IS MADE AFTER CHECKING THE FLIGHT LOG BOOK OF INDIVIDUAL CONCERNED WITH THE AIRCRAFT LOG BOOKS OF THE AIRCRAFT IN WHICH HE MADE THE FLIGHTS LISTED HEREON SUSPENDED FROM FLYING DUTY ---------------- 19 -----

(DATE) SUSPENSION REVOKED ON ----------- 19 --.

(DATE)

FOLLOWING CERTIFICATE TO BE FILLED IN BY COMMANDING OFFICER ONLY IN CASE OF NONPERFORMANCE OF FLIGHTS BECAUSE OF AVIATION ACCIDENT:

I, -----------------------------,

(NAME OF COMMANDING OFFICER) CERTIFY THAT --------------------- --,

(NAME AND RANK OR RATING OF FLYER) U.S.N., DURING THE

PERIOD -------- TO ---------- PERFORMED NO FLIGHTS

BECAUSE OF PHYSICAL DISABILITY AS THE RESULT OF AN AVIATION ACCIDENT WHICH OCCURRED ON ----------------------------.

(DATE OF ACCIDENT) TOTAL FLIGHTS: ---------------. TOTAL PERIOD IN THE AIR: ------ HRS. --------- MIN.

(SIGNATURE)

----------------------------- U.S.N.,

(RANK)

COMMANDING.

COPY OF ORDERS FILED HEREWITH OR WITH MY RETURNS FOR THE ------ QUARTER,

19 ---.

DISBURSING OFFICER.

(D) THE CERTIFICATES REQUIRED BY SUBPARAGRAPHS (B) AND (C) ABOVE MAY BE SIGNED EITHER BY THE COMMANDING OFFICER OF, IF HE SO ORDERS, AND SUCH ORDERS ARE SHOWN ON THE CERTIFICATE, HIS EXECUTIVE OFFICER, OR THE OFFICER IN DIRECT CHARGE OF AERIAL OPERATIONS. THE CERTIFICATE MUST BE, HOWEVER, BY A RESPONSIBLE SUPERVISORY OFFICER HAVING KNOWLEDGE OF THE FACTS. (COMP. DEC. 12/17/26.)

12. (A) IT WILL BE NOTED FROM THE FOREGOING THAT FLIGHT PAY MUST BE EARNED BEFORE IT CAN BE PAID, AND IN THE CASE OF OFFICERS AND WARRANT OFFICERS NO FLIGHT PAY IS TO BE CREDITED EXCEPT AT THE END OF A MONTH. WHERE THE FLIGHT REQUIREMENTS (PAR. 10) ARE NOT MET UNTIL THE SECOND MONTH, THE FLIGHT CERTIFICATE SHALL BE MADE TO COVER TWO MONTHS; SIMILARLY, WHEN THE FLIGHT REQUIREMENTS (PAR. 10) ARE NOT MET UNTIL THE THIRD MONTH, THE FLIGHT CERTIFICATE SHALL COVER THREE MONTHS. WHEN AN OFFICER OR WARRANT OFFICER IS TRANSFERRED DURING A MONTH, A STATEMENT OF ACCOUNT SHALL BE FURNISHED COVERING THE PERIOD NECESSARY TO ENABLE THE DISBURSING OFFICER NEXT TAKING UP THE PAY ACCOUNT TO CREDIT FLIGHT PAY DUE. THIS STATEMENT SHALL ALSO BE FURNISHED FOR OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN WHEN THE DISBURSING OFFICER IS RELIEVED.

(B) WHEN AN OFFICER OR WARRANT OFFICER IS TRANSFERRED FROM ONE PLACE OF DUTY IN THE AERONAUTIC ORGANIZATION TO ANOTHER, THE COMMANDING OFFICER OR OFFICER AUTHORIZED UNDER PARAGRAPH 11 (D) ABOVE WILL CERTIFY THE "AVIATOR'S FLIGHT LOG BOOK," AS PRESCRIBED IN PARAGRAPH 11 (B), AND DELIVER IT TO THE INDIVIDUAL CONCERNED. WHEN AN ENLISTED MAN IS TRANSFERRED TO ANOTHER SHIP OR STATION, HIS ORDERS INVOLVING FLYING DUTY ARE AUTOMATICALLY REVOKED UPON DATE OF DETACHMENT AND HE SHALL BE CREDITED WITH FLIGHT PAY FROM THE FIRST OF THE MONTH TO THE DATE OF DETACHMENT BY THE DISBURSING OFFICER WHO CLOSES HIS ACCOUNTS, PROVIDED THE PRO RATA NUMBER OF FLIGHTS HAVE BEEN PERFORMED FOR THE PERIOD ELAPSING FROM THE FIRST OF THE MONTH TO THE DATE OF DETACHMENT. WHEN FLIGHT REQUIREMENTS HAVE BEEN MET FOR THE ENTIRE MONTH AND THE MAN IS ISSUED ORDERS REQUIRING AERIAL FLIGHTS AT HIS NEW STATION DURING THE MONTH IN WHICH TRANSFERRED, HE SHALL BE CREDITED WITH FLIGHT PAY BY THE DISBURSING OFFICER TO WHOM HIS ACCOUNTS HAVE BEEN TRANSFERRED, FROM THE DATE HE IS ISSUED ORDERS REQUIRING AERIAL FLIGHTS DURING THE REMAINING PORTION OF THE CALENDAR MONTH IN WHICH TRANSFERRED. (COMP. DEC. 12/18/25.) IN THE LATTER CASE IF FLIGHT REQUIREMENTS HAD NOT BEEN MET AT THE OLD STATION FOR THE ENTIRE MONTH, HE SHALL BE CREDITED WITH FLIGHT PAY FROM THE DATE ORDERED TO FLYING DUTY BY THE NEW COMMANDING OFFICER TO THE END OF THE MONTH, PROVIDED HE PERFORMS THE PRO RATA NUMBER OF FLIGHTS REQUIRED FOR THE PERIOD ELAPSING FROM THE DATE OF NEW ORDERS TO FLYING DUTY TO THE END OF THE MONTH.

CHANGE PARAGRAPH 14 OF THE PRESENT SECTION F OF THE "PAY BILL INSTRUCTIONS" TO READ PARAGRAPH 13 AND CHANGE FIRST SENTENCE TO READ AS FOLLOWS:

"OFFICERS AND WARRANT OFFICERS OF THE NAVY WHEN TRAVELING IN A CONTINUOUS JOURNEY BY AIR (OTHER THAN UPON AERIAL SURVEY DUTY) ON DUTY WITHOUT TROOPS, UNDER COMPETENT ORDERS, WILL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES DURING NECESSARY DELAYS IN A CONTINUOUS VOYAGE NOT TO EXCEED EIGHT DOLLARS ($8) PER DAY, WHICH SHALL BE SPECIFIED IN THE TRAVEL ORDERS, WHICH ORDERS ARE TO BE ISSUED BY THE BUREAU OF NAVIGATION.'

CHANGE PARAGRAPH 15 OF THE PRESENT SECTION F OF THE "PAY BILL INSTRUCTIONS" TO READ PARAGRAPH 14. SUBSTITUTE THE FOLLOWING EXECUTIVE ORDER FOR THE EXECUTIVE ORDER NOW APPEARING IN SECTION F OF THE "PAY BILL INSTRUCTIONS: "

EXECUTIVE ORDER

FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF SECTION 20 OF THE ACT OF CONGRESS APPROVED JUNE 10, 1922, AS AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, PUBLIC 446, 69TH CONGRESS, RELATIVE TO INCREASED PAY FOR PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS, AND FOR ALLOWANCES FOR TRAVELING EXPENSES INCIDENT THERETO, THE FOLLOWING REGULATIONS, EFFECTIVE FOR THE NATIONAL GUARD APRIL 1, 1927, AND EFFECTIVE FOR ALL OTHER SERVICES JULY 1, 1927, ARE HEREBY PROMULGATED AND MADE APPLICABLE TO ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF ALL BRANCHES OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD.

1. DEFINITIONS.--- (A) THE TERM "QUALIFIED AIRCRAFT PILOT," AS USED IN THESE REGULATIONS, SHALL BE CONSTRUED TO INCLUDE ANY COMMISSIONED OR WARRANT OFFICER OR ENLISTED MAN OF ANY BRANCH OF HIS RESPECTIVE SERVICE WHO ON JULY 2, 1926 HELD THE RATING OF AIRPLANE PILOT OR AIRSHIP PILOT IN THE ARMY AIR CORPS, OR WHO MAY THEREAFTER BY COMPETENT AUTHORITY BE RATED AN AIRPLANE PILOT IN THE ARMY OR THE NATIONAL GUARD, OR WHO HAS BEEN OR MAY HEREAFTER BE DESIGNATED OR APPOINTED A NAVAL AVIATOR OR NAVAL AVIATION PILOT BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO HAS BEEN, OR MAY HEREAFTER BE, DESIGNATED OR APPOINTED A COAST GUARD AVIATOR OR COAST GUARD AVIATION PILOT BY COMPETENT AUTHORITY IN THE COAST GUARD.

(B) THE TERM "QUALIFIED AIRCRAFT OBSERVER," AS USED IN THESE REGULATIONS SHALL BE CONSTRUED TO INCLUDE ANY COMMISSIONED OR WARRANT OFFICER OR ENLISTED MAN OF ANY BRANCH OF HIS RESPECTIVE SERVICE WHO HASBEEN, OR MAY HEREAFTER BE, RATED AN AIRPLANE OBSERVER OR BALLOON OBSERVER BY COMPETENT AUTHORITY IN THE ARMY OR THE NATIONAL GUARD, OR WHO HAS BEEN, OR MAY HEREAFTER BE, APPOINTED A NAVAL AVIATION OBSERVER BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO HAS BEEN, OR MAY HEREAFTER BE, APPOINTED A COAST GUARD AVIATION OBSERVER BY COMPETENT AUTHORITY IN THE COAST GUARD.

(C) THE TERM "STUDENT AVIATOR," AS USED IN THESE REGULATIONS, SHALL BE CONSTRUED TO INCLUDE ANY OFFICER OR WARRANT OFFICER IN ANY BRANCH OF HIS RESPECTIVE SERVICE WHO IS APPOINTED A STUDENT NAVAL AVIATOR BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO IS APPOINTED A STUDENT COAST GUARD AVIATION PILOT BY COMPETENT AUTHORITY IN THE COAST GUARD, AND WHO IS DULY ASSIGNED TO A COURSE OF INSTRUCTION IN AIRCRAFT PILOT DUTIES.

(D) THE TERM "STUDENT AVIATION PILOT," AS USED IN THESE REGULATIONS, SHALL BE CONSTRUED TO INCLUDE ANY ENLISTED MAN IN ANY BRANCH OF HIS RESPECTIVE SERVICE WHO IS APPOINTED A STUDENT NAVAL AVIATION PILOT BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO IS APPOINTED A STUDENT COAST GUARD AVIATION PILOT BY COMPETENT AUTHORITY IN THE COAST GUARD, AND WHO IS DULY ASSIGNED TO A COURSE OF INSTRUCTION IN AIRCRAFT PILOT DUTIES.

(E) THE TERM "STUDENT AVIATION OBSERVER," AS USED IN THESE REGULATIONS, SHALL BE CONSTRUED TO INCLUDE ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN IN ANY BRANCH OF HIS RESPECTIVE SERVICE WHO IS APPOINTED A STUDENT NAVAL AVIATION OBSERVER BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO IS APPOINTED A STUDENT COAST GUARD AVIATION OBSERVER BY COMPETENT AUTHORITY IN THE NAVY OR MARINE CORPS, OR WHO IS APPOINTED A STUDENT COAST GUARD AVIATION OBSERVER BY COMPETENT AUTHORITY IN THE COAST GUARD, AND WHO IS DULY ASSIGNED TO A COURSE OF INSTRUCTION IN AIRCRAFT OBSERVER DUTIES.

(F) THE TERM "AERIAL FLIGHT" IS DEFINED AS A JOURNEY IN AN AIRCRAFT. BEGINS WHEN THE AIRCRAFT TAKES OFF FROM REST AT ANY POINT OF SUPPORT AND TERMINATES WHEN IT NEXT COMES TO A COMPLETE STOP AT A POINT OF SUPPORT.

(G) THE TERM "TRAVEL BY AIR" IS DEFINED AS A JOURNEY IN AN AIRCRAFT MADE BY ORDERS OF COMPETENT AUTHORITY AND REQUIRING ONE OR MORE LANDINGS AWAY FROM THE STARTING POINT.

(H) THE TERM "CONTINUOUS JOURNEY BY AIR" IS DEFINED AS ANY JOURNEY MADE IN AN AIRCRAFT BY ORDERS OF COMPETENT AUTHORITY, FROM AND RETURN TO THE PLACE OF INITIAL DEPARTURE OR TO OTHER FINAL DESTINATION SPECIFIED IN THE ORDERS, WHICH REQUIRES ONE OR MORE LANDINGS, PROVIDED THAT ANY STOP, EXCEPT THAT DUE TO NECESSARY DELAY, IN ANY ONE LOCALITY DOES NOT EXCEED SEVENTY-TWO HOURS.

(I) THE TERM "NECESSARY DELAY" IS DEFINED AS A DELAY INCIDENT TO ONE OR MORE OF THE FOLLOWING CONDITIONS DURING A CONTINUOUS JOURNEY BY AIR:

(1) UNFAVORABLE WEATHER CONDITIONS.

(2) NECESSARY REPAIRS TO AERIAL EQUIPMENT.

(J) THE TERM "AVIATION ACCIDENT" AS USED IN THESE REGULATIONS SHALL BE CONSTRUED TO MEAN AN ACCIDENT IN WHICH AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS IS INJURED WHILE AN OCCUPANT OF AN AIRCRAFT OR AS THE RESULT OF JUMPING FROM, BEING THROWN FROM, OR BEING STRUCK BY AN AIRCRAFT OR ANY PART OR AUXILIARY THEREOF.

2. EACH OFFICER OR WARRANT OFFICER WHO IS A QUALIFIED AIRCRAFT PILOT AND WHO IS NOT UNFIT FOR DUTIES AS SUCH, WHO IS COMMISSIONED IN OR DULY ASSIGNED OR ATTACHED TO THE AIR CORPS OF THE ARMY, OR WHO IS DULY ASSIGNED TO DUTY IN ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, MARINE CORPS, OR COAST GUARD, INCLUDING THOSE ASSIGNED TO SPECIAL ADMINISTRATIVE OR SCHOOL DUTIES, SHALL BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS; ORDERS REQUIRING SUCH FLIGHTS SHALL BE ISSUED BY THE CHIEF OF AIR CORPS FOR THE ARMY, THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, THE MAJOR GENERAL COMMANDANT FOR THE MARINE CORPS, OR BY THE COMMANDANT FOR THE COAST GUARD, AND SUCH ORDERS SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH COMMISSION, ASSIGNMENT, OR ATTACHMENT, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12.

3. EACH OFFICER OR WARRANT OFFICER WHO IS A QUALIFIED AIRCRAFT OBSERVER OR A QUALIFIED AIRCRAFT PILOT WHO IS UNFIT FOR PILOTING DUTIES BUT IS FIT AND DESIRED FOR OTHER FLYING DUTY, AND WHO IS COMMISSIONED IN, OR DULY ASSIGNED OR ATTACHED TO, THE AIR CORPS OF THE ARMY, OR WHO IS DULY ASSIGNED TO DUTY IN ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, MARINE CORPS, OR COAST GUARD, MAY BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS; ORDERS, REQUIRING SUCH FLIGHTS SHALL BE ISSUED THE CHIEF OR CORPS FOR THE ARMY, THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, THE MAJOR GENERAL COMMANDANT FOR THE MARINE CORPS, OR BY THE COMMANDANT FOR THE COAST GUARD, AND SUCH ORDERS SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH COMMISSION, ASSIGNMENT, OR ATTACHMENT, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12.

4. EACH OFFICER OF THE MEDICAL CORPS OF THE ARMY OR OF THE NAVY WHO IS DULY ASSIGNED TO DUTY WITH ANY AERONAUTIC HEADQUARTERS OR UNIT OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR ASSIGNED TO DUTY AT A STATION WHERE THERE IS AN AERONAUTIC UNIT, AND WHO HAS QUALIFIED AS A FLIGHT SURGEON, MAY BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY THE CHIEF OF THE AIR CORPS FOR THE ARMY, OR BY THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY AND MARINE CORPS, AND ANY ORDERS FOR SUCH REQUIREMENT SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH ASSIGNMENT, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12. 5. EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE ARMY WHO IS DULY ASSIGNED TO A COURSE OF INSTRUCTION FOR QUALIFICATION AS AIRCRAFT PILOT OR AIRCRAFT OBSERVER, AND EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE NAVY, MARINE CORPS, OR COAST GUARD WHO IS DULY APPOINTED A STUDENT AVIATOR, A STUDENT AVIATION PILOT, OR A STUDENT AVIATION OBSERVER, SHALL BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS; ORDERS FOR SUCH REQUIREMENT SHALL BE ISSUED BY THE CHIEF OF THE AIR CORPS FOR THE ARMY, THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, THE MAJOR GENERAL COMMANDANT FOR THE MARINE CORPS, OR BY THE COMMANDANT FOR THE COAST GUARD, AND ORDERS FOR SUCH REQUIREMENT SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF HIS COURSE OF INSTRUCTION, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12.

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

7. EACH ENLISTED MAN WHO IS SERVING IN THE AIR CORPS OF THE ARMY, OR IN ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, MARINE CORPS, OR COAST GUARD, AND WHO IS A QUALIFIED AIRCRAFT PILOT, SHALL BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY HIS COMMANDING OFFICER; ORDERS FOR SUCH REQUIREMENT SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH SERVICE, EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12; ORDERS FOR SUCH REQUIREMENT AND THEIR REVOCATION SHALL BE REPORTED TO THE CHIEF OF THE AIR CORPS FOR THE ARMY, THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, THE MAJOR GENERAL COMMANDANT FOR THE MARINE CORPS, OR TO THE COMMANDANT FOR THE COAST GUARD.

8. EACH ENLISTED MAN WHO IS SERVING IN THE AIR CORPS OF THE ARMY OR IN ANY PART OF THE AERONAUTIC ORGANIZATION OF THE NAVY, MARINE CORPS, OR COAST GUARD, AND WHO IS NOT A QUALIFIED AIRCRAFT PILOT OR OBSERVER, MAY BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY HIS COMMANDING OFFICER, AND ORDERS FOR SUCH REQUIREMENT SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH ASSIGNMENT EXCEPT AS HEREINAFTER PROVIDED IN PARAGRAPH 12; ORDERS FOR SUCH REQUIREMENT AND THEIR REVOCATION SHALL BE REPORTED TO THE CHIEF OF THE AIR CORPS FOR THE ARMY, THE CHIEF OF BUREAU OF NAVIGATION FOR THE NAVY, THE MAJOR GENERAL COMMANDANT FOR THE MARINE CORPS, OR THE COMMANDANT FOR THE COAST GUARD.

9. OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO COME WITHIN THE FOLLOWING CLASSES WILL BE CONSIDERED AS ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND NO FURTHER ORDERS REQUIRING PARTICIPATION REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS WILL BE REQUIRED FOR THOSE ENUMERATED IN (A), (B), (C), AND (E):

(A) OFFICERS AND WARRANT OFFICERS BELONGING TO AIR CORPS ORGANIZATIONS OF THE NATIONAL GUARD WHO BY APPLICABLE TABLES OF ORGANIZATION ARE CLASSIFIED PILOTS OR OBSERVERS.

(B) ENLISTED MEN BELONGING TO AIR CORPS ORGANIZATIONS OF THE NATIONAL GUARD WHO BY APPLICABLE TABLES OF ORGANIZATION ARE CLASSIFIED AS FLIGHT CHIEFS, CREW CHIEFS, OR MASTER PHOTOGRAPHERS.

(C) OFFICERS OF THE MEDICAL CORPS ATTACHED TO AIR CORPS ORGANIZATIONS OF THE NATIONAL GUARD, WHO BY APPLICABLE TABLES OF ORGANIZATION ARE CLASSIFIED AS FLIGHT SURGEONS.

(D) IN ADDITION TO THE ABOVE, SUCH OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN BELONGING TO OR ATTACHED TO AIR CORPS ORGANIZATIONS OF THE NATIONAL GUARD AS MAY BE DETAILED TO SUCH DUTY BY WRITTEN ORDERS ISSUED BY THE SENIOR AIR CORPS COMMANDER OF EACH STATE: PROVIDED, THAT THE NUMBER OF ADDITIONAL ENLISTED MEN SO DETAILED IN ANY ORGANIZATION SHALL NOT EXCEED 10 PERCENTUM OF THE MAINTENANCE ENLISTED STRENGTH OF SUCH ORGANIZATION INCLUDING ATTACHED PERSONNEL.

(E) OFFICERS, WARRANT 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.

10. FOR PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR OF THE NATIONAL GUARD WHEN PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT AS AMENDED, WHO ARE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, THE FOLLOWING REQUIREMENTS ARE PRESCRIBED: PROVIDED, THAT ANY OFFICER, WARRANT OFFICER OR ENLISTED MAN WHO HAS BEEN REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY ORDERS OF COMPETENT AUTHORITY AND WHO AS A RESULT OF SUCH ORDERS HAS PARTICIPATED REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AS DEFINED IN THIS EXECUTIVE ORDER, AND WHO SUBSEQUENTLY BECOMES INCAPACITATED FOR FLYING BY REASON OF AN AVIATION ACCIDENT SHALL NOT BE REQUIRED TO PERFORM SUCH AERIAL FLIGHTS DURING SUCH INCAPACITY FOR A PERIOD NOT TO EXCEED THREE MONTHS FOLLOWING/THE DATE OF SAID ACCIDENT.

(A) DURING ONE CALENDAR MONTH: 10 FLIGHTS TOTALING AT LEAST 3 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF 4 HOURS.

(B) DURING 2 CONSECUTIVE CALENDAR MONTHS, WHEN THE REQUIREMENTS OF SUBPARAGRAPH (A) ABOVE, HAVE NOT BEEN MET: 20 FLIGHTS TOTALING AT LEAST 6 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF 8 HOURS.

(C) DURING 3 CONSECUTIVE CALENDAR MONTHS, WHEN THE REQUIREMENTS OF SUBPARAGRAPH (B) ABOVE, HAVE NOT BEEN MET: 30 FLIGHTS TOTALING AT LEAST 9 HOURS, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF 12 HOURS.

(D) FOR FRACTIONS OF A CALENDAR MONTH THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF FLIGHTS AND THE TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

(E) FOR FRACTIONS OF TWO CONSECUTIVE CALENDAR MONTHS THE PERIOD IN QUESTION SHALL BE CONSIDERED AS A UNIT AND THE NUMBER OF AERIAL FLIGHTS AND TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF AERIAL FLIGHTS AND TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

NOTE.--- THE ABOVE REQUIREMENTS FOR ANY PARTICULAR PERIOD MAY BE MET AT ANY TIME DURING SUCH PERIOD.

(F) EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS AND WHO IS A QUALIFIED AIRCRAFT PILOT, AND WHO IS FIT FOR DUTY AS SUCH, SHALL MAKE THE FLIGHTS ABOVE REQUIRED AS PILOT, EXCEPT THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS BOTH A QUALIFIED PILOT OF LIGHTER-THAN-AIR AIRCRAFT AND A QUALIFIED AIRCRAFT OBSERVER SHALL MAKE THE FLIGHTS ABOVE REQUIRED EITHER AS PILOT OR AS OBSERVER AS MAY BE DIRECTED BY COMPETENT AUTHORITY.

(G) EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY INAERIAL FLIGHTS, AND WHO IS A QUALIFIED AIRCRAFT OBSERVER, BUT IS NOT A QUALIFIED AIRCRAFT PILOT SHALL MAKE THE FLIGHTS ABOVE REQUIRED AS OBSERVER.

11. EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE NATIONAL GUARD WHO IS IN ARMORY DRILL PAY STATUS AND WHO IS REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS SHALL MAKE AT LEAST 4 AERIAL FLIGHTS TOTALING 72 MINUTES, OR BE IN THE AIR IN LIEU THEREOF A TOTAL OF 96 MINUTES DURING A CALENDAR MONTH:

(A) SUCH REQUIRED FLIGHTS MAY BE MADE AT ORDERED DRILLS OF THE AIR CORPS ORGANIZATION TO WHICH SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN BELONGS OR IS ATTACHED, OR WHEN SO AUTHORIZED BY THE SENIOR AIR CORPS COMMANDING OFFICER OF THE STATE, AT ANY TIME DURING THE CALENDAR MONTH IN QUESTION.

(B) FOR FRACTIONS OF A CALENDAR MONTH, THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF FLIGHTS AND THE TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO THE ENTIRE MONTH.

(C)THE DUTIES PRESCRIBED ABOVE SHALL BE IN ADDITION TO ANY OTHER DUTY OR DUTIES WHICH MAY BE REQUIRED OF SUCH OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN WHILE IN ATTENDANCE AT ASSEMBLIES FOR DRILL AND INSTRUCTION, AND WHILE PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT AS AMENDED:

NOTE.--- THE ABOVE REQUIREMENTS FOR ANY PARTICULAR PERIOD MAY BE MET AT ANY TIME DURING SUCH PERIOD.

12. A COMMANDING OFFICER SHALL SUSPEND FROM FLYING ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN UNDER HIS COMMAND, WHO, IN HIS OPINION, IS UNFIT FOR FLYING, EXCEPT AS A RESULT OF AN AVIATION ACCIDENT. SUCH ACTION SHALL BE REPORTED WITH THE REASONS THEREFOR FOR CONFIRMATION TO THE AUTHORITY WHO ISSUED THE ORDER REQUIRING THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS. THE CONFIRMATION OF SUCH ACTION SHALL HAVE THE EFFECT OF SUSPENDING THE ORDER TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS OF THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED FROM THE DATE SUCH SUSPENSION FROM FLYING WAS MADE. WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN, SO SUSPENDED FROM FLYING, BECOMES, IN THE OPINION OF HIS COMMANDING OFFICER, AGAIN FIT FOR FLYING THE COMMANDING OFFICER SHALL REVOKE HIS SUSPENSION FROM FLYING, AND SUCH ACTION SHALL BE REPORTED, WITH REASONS THEREFOR, FOR CONFIRMATION TO THE AUTHORITY WHO CONFIRMED THE SUSPENSION FROM FLYING; THE CONFIRMATION OF SUCH REVOCATION SHALL HAVE THE EFFECT OF TERMINATING THE SUSPENSION OF THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED FROM THE DATE OF SUCH REVOCATION BY HIS COMMANDING OFFICER. PROVIDED THAT IN THE CASE OF SUSPENSION FROM FLYING BY REASON OF SICKNESS OR INJURY INCURRED IN LINE OF DUTY AND THE SUSPENSION IS SUBSEQUENTLY REMOVED, SUCH SUSPENSION SHALL BE CONSIDERED NULLIFIED FROM ITS BEGINNING AND THE INDIVIDUAL CONCERNED SHALL BE ENTITLED TO INCREASED PAY FOR FLYING PROVIDING THE REQUIREMENTS OF PARAGRAPH 10 ABOVE ARE COMPLIED WITH.

13. AUTHORIZED LEAVES OF ABSENCE OF PERSONNEL REQUIRED BY ORDERS OF COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS SHALL NOT SUSPEND SUCH ORDERS FOR PAY PURPOSES.

14. WHEN TRAVELING IN A CONTINUOUS JOURNEY BY AIR ON DUTY WITHOUT TROOPS, UNDER COMPETENT ORDERS, ACTUAL AND NECESSARY EXPENSES, NOT TO EXCEED $8.00 PER DAY, SHALL BE PAID TO OFFICERS, CONTRACT SURGEONS, WARRANT OFFICERS, AND ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND THE NATIONAL GUARD. WHEN TRAVELING BY AIR UNDER COMPETENT ORDERS, TO AND FROM ENCAMPMENTS HELD UNDER SECTION 94, NATIONAL DEFENSE ACT, OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD SHALL BE REIMBURSED AS PROVIDED HEREIN.

15. COMPLIANCE WITH THE FOREGOING REQUIREMENTS CONSTITUTES PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS WITHIN THE MEANING OF THE ACT APPROVED JULY 2, 1926, 44 STAT. 780, AND NO FLIGHT PAY SHALL ACCRUE TO ANY PERSON DURING ANY PERIOD IN WHICH THE PROVISIONS OF THIS ORDER ARE NOT COMPLIED WITH.

CALVIN COOLIDGE.

THE WHITE HOUSE,

MARCH 10, 1927.

(NO. 4610)

THE OPENING SENTENCE OF SECTION 20, AS AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, 44 STAT. 782, CONTEMPLATES FLIGHTS TO ENTITLE TO THE INCREASED PAY, LEAVING TO THE EXECUTIVE THE DETERMINATION OF WHAT CONSTITUTES REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS. THOSE THERE NAMED MAY BY COMPETENT ORDERS BE REQUIRED "TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS," AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY "DO PARTICIPATE" IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY EXECUTIVE ORDER THEY ARE ENTITLED TO INCREASE OF PAY. THE DEFINITION TO BE MADE BY EXECUTIVE ORDER IS OF "REGULAR AND FREQUENT FLIGHTS"--- REGULAR IN THE SENSE OF ORDERLY AND FORMAL AND FROM TIME TO TIME, AND NOT ISOLATED AND CASUAL. NO DEFINITION OF REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS WHICH NEGATIVES ACTUAL PARTICIPATION IN AERIAL FLIGHTS WOULD COME WITHIN THE LAW. PARAGRAPH 10 OF THE EXECUTIVE ORDER DEFINES REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS AND BY THE PROVISO EXCEPTS FROM PERFORMING FLIGHTS OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN WHO HAD PARTICIPATED REGULARLY AND FREQUENTLY BUT BECAUSE OF INJURY IN AN AVIATION ACCIDENT BECOME INCAPACITATED FOR FLYING. PARAGRAPH 8 OF THE NAVY INSTRUCTIONS INTERPRETS THIS PROVISO OF PARAGRAPH 10 OF THE EXECUTIVE ORDER AS AUTHORIZING FLYING PAY DURING THE PERIOD THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN IS EXCUSED FROM PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS AND NOTWITHSTANDING THE NONPERFORMANCE OF FLIGHTS.

THE BASIC PROVISION FOR FLYING PAY IS CONTAINED IN SECTION 13A OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 2 OF THE ACT OF JULY 2, 1926, 44 STAT. 781, AND IS AS FOLLOWS:

* * * OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT. * * * THE CONDITION FOR PAYMENT IS FLIGHTS, NOT A DETERMINATION THAT DURING A PERIOD WHEN NO FLIGHTS ARE MADE PAY SHALL BE PAID IF THE REASON FOR NOT MAKING FLIGHTS IS DUE TO A PARTICULAR CIRCUMSTANCE; AND THE EXECUTIVE ORDER MAKES NO SUCH DETERMINATION; IT MERELY EXCUSES THE PERFORMANCES OF THE REQUIRED FLIGHTS. NOT ONLY IS SUCH A CONSTRUCTION OF THE EXECUTIVE ORDER AS MADE IN PARAGRAPH 8 OF THE NAVY INSTRUCTIONS NOT WARRANTED BY THE LANGUAGE OF THE EXECUTIVE ORDER AND THE LANGUAGE OF THE LAW UNDER WHICH IT IS ISSUED, BUT SUCH A CONSTRUCTION OF THE EXECUTIVE ORDER IS IN DIRECT CONFLICT WITH RIGHTS GIVEN BY SECTION 6 OF THE ACT OF MARCH 4, 1923, AS AMENDED BY SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, WHICH AUTHORIZES FOR MEMBERS OF THE NATIONAL GUARD, THE OFFICERS RESERVE CORPS, AND THE ENLISTED RESERVE CORPS OF THE ARMY INJURED IN LINE OF DUTY AS THEREIN INDICATED "A CONTINUATION OF THE PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THEY WERE RECEIVING AT THE TIME OF SUCH INJURIES UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES" WITH A LIMITATION AS TO PAYMENT OF PAY AND ALLOWANCES THEREIN PROVIDED TO SIX MONTHS. THE CONSTRUCTION OF THE EXECUTIVE ORDER, PROPOSED IN THE NAVY INSTRUCTIONS, THEREFORE, HAS THE EFFECT OF REDUCING THE PERIOD FIXED BY AN ACT OF CONGRESS DURING WHICH MEMBERS OF THE NATIONAL GUARD, OF THE OFFICERS RESERVE CORPS, AND OF THE ENLISTED RESERVE CORPS MAY CONTINUE IN RECEIPT OF THE PAY AND ALLOWANCES THEY WERE RECEIVING AT THE TIME OF INJURY IN AN AVIATION ACCIDENT IN LINE OF DUTY. PARAGRAPH8 OF THE NAVY INSTRUCTIONS WILL NOT, THEREFORE, BE FOLLOWED IN THE AUDIT OF ACCOUNTS INVOLVING PAYMENT OF FLYING PAY.

OTHERWISE THAN AS HEREIN INDICATED NO OBJECTION IS PERCEIVED AT THIS TIME TO THE INSTRUCTIONS, IT BEING UNDERSTOOD THAT THEY WILL BE SUBJECT TO SUCH INTERPRETATION AS MAY BE REQUIRED IN THE APPLICATION OF THE LAW AND THE EXECUTIVE ORDER TO PARTICULAR CASES THAT MAY ARISE.