A-33484, OCTOBER 8, 1930, 10 COMP. GEN. 159

A-33484: Oct 8, 1930

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PAY - AVIATION DUTY - NAVY ENLISTED MAN WHERE AN ENLISTED MAN OF THE NAVY IS CONTINUOUSLY DETAILED TO FLYING DUTY BUT BY REASON OF TRANSFER FROM ONE COMMAND TO ANOTHER IT HAS BEEN NECESSARY TO ISSUE A SECOND ORDER OF DETAIL DURING ANY MONTH. HIS RIGHT TO FLYING PAY IS FOR DETERMINATION BY THE NUMBER OF FLIGHTS MADE DURING THE ENTIRE MONTH. HE IS ENTITLED TO FLYING PAY FOR THE ENTIRE PERIOD UNDER SUCH DETAIL BY BOTH ORDERS. IT IS STATED THAT WOHLUTER WAS ATTACHED TO AND SERVING ON BOARD THE U.S.S. THE FLORIDA WAS EN ROUTE AS PART OF THE MIDSHIPMEN'S SQUADRON FROM EUROPE TO THE UNITED STATES. THERE WAS NO OPPORTUNITY TO FLY AND NO FLIGHTS WERE MADE BY WOHLUTER. TO WHICH WOHLUTER IS ATTACHED.

A-33484, OCTOBER 8, 1930, 10 COMP. GEN. 159

PAY - AVIATION DUTY - NAVY ENLISTED MAN WHERE AN ENLISTED MAN OF THE NAVY IS CONTINUOUSLY DETAILED TO FLYING DUTY BUT BY REASON OF TRANSFER FROM ONE COMMAND TO ANOTHER IT HAS BEEN NECESSARY TO ISSUE A SECOND ORDER OF DETAIL DURING ANY MONTH, HIS RIGHT TO FLYING PAY IS FOR DETERMINATION BY THE NUMBER OF FLIGHTS MADE DURING THE ENTIRE MONTH, AND, IF OTHERWISE QUALIFYING, HE IS ENTITLED TO FLYING PAY FOR THE ENTIRE PERIOD UNDER SUCH DETAIL BY BOTH ORDERS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, OCTOBER 8, 1930:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT, DATED SEPTEMBER 19, 1930, FORWARDING LETTER OF THE DISBURSING OFFICER, FLEET AIR BASE, NAVAL OPERATING BASE, HAMPTON ROADS, VA., OF SEPTEMBER 9, 1930, REQUESTING DECISION RELATIVE TO AVIATION PAY DUE FRED G. WOHLUTER, A.M.M. 1C, UNITED STATES NAVY, FOR THE MONTH OF AUGUST, 1930.

IT IS STATED THAT WOHLUTER WAS ATTACHED TO AND SERVING ON BOARD THE U.S.S. FLORIDA, UNDER FLIGHT ORDERS ISSUED JANUARY 2, 1930, AND THAT DURING THE PERIOD AUGUST 1 TO 14, 1930, THE FLORIDA WAS EN ROUTE AS PART OF THE MIDSHIPMEN'S SQUADRON FROM EUROPE TO THE UNITED STATES; THAT THE SHIP BEING AT SEA THIS ENTIRE PERIOD, THERE WAS NO OPPORTUNITY TO FLY AND NO FLIGHTS WERE MADE BY WOHLUTER; THAT ON AUGUST 15, 1930, THE AVIATION DETACHMENT OF THE U.S.S. FLORIDA, TO WHICH WOHLUTER IS ATTACHED, WAS TEMPORARILY TRANSFERRED ASHORE TO THE FLEET AIR BASE AT HAMPTON ROADS; THAT ON AUGUST 15, 1930, NEW FLIGHT ORDERS WERE ISSUED BY THE SQUADRON COMMANDER, AND DURING THE PERIOD AUGUST 15 TO 31, 1930, WOHLUTER MADE FLIGHTS TOTALING 4 HOURS AND 5 MINUTES AND WAS CREDITED WITH FLIGHT PAY FOR THE PERIOD AUGUST 15 TO 31, 1930.

THE FLIGHT ORDER OF JANUARY 2, 1930, ISSUED UNDER PARAGRAPH 8 OF THE EXECUTIVE ORDER OF MARCH 10, 1927, UNDER THAT PARAGRAPH AND BY ITS TERMS WAS AUTOMATICALLY REVOKED UPON TRANSFER TO ANOTHER COMMAND. UPON BEING TRANSFERRED TO THE FLEET AIR BASE, ON AUGUST 15, 1930, WOHLUTER'S DETAIL TO FLYING DUTY UNDER ORDERS OF JANUARY 2, 1930, WAS TERMINATED. THE QUESTION IS WHETHER THE FLIGHTS MADE DURING THE PERIOD AUGUST 15 TO 31, 1930, UNDER THE DETAIL OF AUGUST 15, 1930, APPLY SO AS TO ENTITLE WOHLUTER TO AVIATION PAY FOR THE PERIOD AUGUST 1 TO 14, 1930, DURING WHICH HE WAS UNDER DETAIL UNDER PRIOR ORDERS, BUT PERFORMED NO FLIGHTS.

WHERE AN ENLISTED MAN IS CONTINUOUSLY DETAILED TO FLYING DUTY BUT BY REASON OF TRANSFER FROM ONE COMMAND TO ANOTHER IT HAS BEEN NECESSARY BECAUSE OF THE LIMITED DURATION OF HIS DETAIL WHILE WITH THE COMMAND OF OF THE OFFICER WHO DETAILED HIM, TO ISSUE A SECOND ORDER OF DETAIL DURING ANY MONTH, HIS RIGHT TO FLYING PAY IS FOR DETERMINATION BY THE NUMBER OF FLIGHTS MADE DURING THE ENTIRE MONTH, 3 COMP. GEN. 384; 7 ID. 28, AND IF OTHERWISE QUALIFYING HE WILL BE ENTITLED TO FLYING PAY FOR THE ENTIRE PERIOD UNDER SUCH DETAIL BY BOTH ORDERS. THE RULE IS OTHERWISE WHERE A MAN IS DETAILED DURING A LIMITED PERIOD TO FLYING DUTY FOR A SINGLE SPECIFIC OBJECT AND BY REASON OF WEATHER OR OTHER CONDITIONS IT IS NOT POSSIBLE TO MAKE ANY OR SUFFICIENT FLIGHTS TO COMPLETE THE PROJECT AND HIS DETAIL FOR A FURTHER PERIOD IS MADE NECESSARY TO ACCOMPLISH THE PURPOSE. IN SUCH CASE THE FIRST DETAIL HAVING EXPIRED WITHOUT THE PERFORMANCE OF FLIGHTS ENTITLING TO PAY, NO RIGHT ARISES TO FLYING PAY UNDER SUCH DETAIL BY REASON OF FLIGHTS UNDER THE SECOND DETAIL, A-13594, APRIL 6, 1926, CASE OF STAFF SERGT. JOHN DOZIER, 56 MS. COMP. GEN. 215.

ACCORDINGLY, WOHLUTER IS ENTITLED TO AVIATION PAY FOR THE PERIOD AUGUST 1 TO 14, 1930. 7 COMP. GEN. 28.