A-29611, DECEMBER 6, 1929, 9 COMP. GEN. 234

A-29611: Dec 6, 1929

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PAY - AVIATION DUTY - NAVY OFFICERS AN OFFICER OF THE NAVY WHOSE FLYING DETAIL IS SUSPENDED BECAUSE OF INJURY INCURRED IN LINE OF DUTY. WHICH SUSPENSION WAS TERMINATED WITHIN THREE MONTHS FROM THE DATE THEREOF. IS ENTITLED TO FLIGHT PAY FOR THE PERIOD DURING WHICH THE FLIGHT REQUIREMENTS ARE MET. IT APPEARS THAT LIEUTENANT HURD WAS DETAILED FOR DUTY INVOLVING FLYING BY ORDERS DATED APRIL 24. THAT HIS FLYING DETAIL WAS SUSPENDED AUGUST 9. THAT SUCH SUSPENSION WAS TERMINATED OCTOBER 29. IS UNFIT FOR FLYING. THE CONFIRMATION OF SUCH ACTION SHALL HAVE THE EFFECT OF SUSPENDING THE ORDER TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS OF THE OFFICER. OR ENLISTED MAN CONCERNED FROM THE DATE SUCH SUSPENSION FROM FLYING WAS MADE.

A-29611, DECEMBER 6, 1929, 9 COMP. GEN. 234

PAY - AVIATION DUTY - NAVY OFFICERS AN OFFICER OF THE NAVY WHOSE FLYING DETAIL IS SUSPENDED BECAUSE OF INJURY INCURRED IN LINE OF DUTY, WHICH SUSPENSION WAS TERMINATED WITHIN THREE MONTHS FROM THE DATE THEREOF, AND WHO OTHERWISE MEETS THE REQUIREMENTS PRESCRIBED IN PARAGRAPH 10 OF THE EXECUTIVE ORDER OF MARCH 10, 1927, IS ENTITLED TO FLIGHT PAY FOR THE PERIOD DURING WHICH THE FLIGHT REQUIREMENTS ARE MET.

COMPTROLLER GENERAL MCCARL TO LIEUT. WALTER W. GILMORE, UNITED STATES NAVY, DECEMBER 6, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 7, 1929, REQUESTING DECISION AS TO WHETHER FLIGHT MAY BE CREDITED TO THE ACCOUNT OF LAURENCE EGBERT HURD, LIEUTENANT (JUNIOR GRADE), UNITED STATES NAVY, FOR THE PERIOD AUGUST 9 TO NOVEMBER 30, 1929.

IT APPEARS THAT LIEUTENANT HURD WAS DETAILED FOR DUTY INVOLVING FLYING BY ORDERS DATED APRIL 24, 1926; THAT HIS FLYING DETAIL WAS SUSPENDED AUGUST 9, 1929, BECAUSE OF INJURY INCURRED IN LINE OF DUTY, AND THAT SUCH SUSPENSION WAS TERMINATED OCTOBER 29, 1929.

ACCORDING TO THE FLIGHT CERTIFICATES SUBMITTED, LIEUTENANT HURD PERFORMED FLIGHTS AS FOLLOWS:

AUGUST 1 TO 5, PRIOR TO SUSPENSION, 4 FLIGHTS, TOTALING 4 HOURS AND 50 MINUTES; SEPTEMBER, NO FLIGHTS; OCTOBER, NO FLIGHTS; NOVEMBER 1 TO 5, 30 FLIGHTS, TOTALING 12 HOURS AND 50 MINUTES.

PARAGRAPH 12 OF 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, PROVIDES AS FOLLOWS:

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 THEREFORE 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 THEREFORE, 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 AS 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.

PARAGRAPH 10 OF THE EXECUTIVE ORDER REFERRED TO PRESCRIBES AS NECESSARY TO ENTITLE TO FLYING PAY (A) DURING ONE CALENDAR MONTH 10 FLIGHTS TOTALING AT LEAST 3 HOURS, OR TO BE IN THE AIR A TOTAL OF 4 HOURS; (B) DURING TWO CONSECUTIVE CALENDAR MONTHS, IF (A) NOT MET 20 FLIGHTS TOTALING AT LEAST 6 HOURS, OR BE IN THE AIR A TOTAL OF 8 HOURS; (C) DURING THREE CONSECUTIVE CALENDAR MONTHS, IF (B) NOT MET, 30 FLIGHTS TOTALLY AT LEAST 9 HOURS, OR BE IN THE AIR A TOTAL OF 12 HOURS.

LIEUTENANT HURD HAVING BEEN SUSPENDED FROM FLYING BY REASON OF INJURY INCURRED IN LINE OF DUTY AND SUCH SUSPENSION HAVING BEEN REVOKED WITHIN THREE MONTHS FROM THE DATE OF SUSPENSION, HE COMES WITHIN THE PROVISO IN PARAGRAPH 12 OF THE EXECUTIVE ORDER AND IS ENTITLED THEREUNDER TO FLIGHT PAY PROVIDED HE MET THE REQUIREMENTS OF PARAGRAPH 10 OF THE EXECUTIVE ORDER. SEE 8 COMP. GEN. 384.

THE MINIMUM REQUIREMENTS IN ORDER TO QUALIFY HAVE APPLICATION TO THE CALENDAR MONTHS, AND THE THREE-MONTHS PERIOD IN WHICH FLIGHTS MUST BE MADE COMMENCES WITH THE MONTH IN WHICH THE DEFICIENCY OR FAILURE TO QUALIFY ARISES. 4 COMP. GEN. 975.

LIEUTENANT HURD MET THE MINIMUM REQUIREMENTS FOR THE MONTH OF AUGUST PRIOR TO HIS SUSPENSION BY PERFORMING FLIGHTS TOTALING MORE THAN 4 HOURS.

BY PERFORMING 30 FLIGHTS FROM NOVEMBER 1 TO 5, TOTALING MORE THAN 12 HOURS, HE QUALIFIED AS TO THE REQUIRED NUMBER OF FLIGHTS FOR SEPTEMBER, OCTOBER, AND NOVEMBER.

UNDER THE FACTS APPEARING HE IS ENTITLED TO FLIGHT PAY FROM AUGUST 9 TO NOVEMBER 5, 1929, AND IF HE CONTINUED IN A FLYING STATUS TO NOVEMBER 30, 1929, HE WOULD ASLO BE ENTITLED TO SUCH PAY FOR THE REMAINDER OF THAT MONTH.