A-4134, JULY 23, 1924, 4 COMP. GEN. 98

A-4134: Jul 23, 1924

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FROM HIS PRESENT STATION AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED HIM WITH DIRECTION TO REPORT TO A NEW STATION FOR DUTY. IT APPEARS THAT CLAIMANT WAS DESIGNATED AS NAVAL AVIATOR NOVEMBER 1. WHICH DESIGNATION AND DETAIL WAS APPROVED BY THE SECRETARY OF THE NAVY ON NOVEMBER 20. YOUR DETACHMENT FROM DUTY AT YOUR PRESENT STATION AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU IS EFFECTIVE AS INDICATED BELOW. YOU WILL PROCEED TO THE DESTINATION GIVEN VIA NEW YORK. THIS EMPLOYMENT ON SHORE DUTY BEYOND THE SEAS IS REQUIRED BY THE PUBLIC INTERESTS. 7. THE INDORSEMENTS THEREON SHOW THAT THE ORDER WAS DELIVERED TO HIM AND THAT HE WAS DETACHED FEBRUARY 26. IS THE PROVISION IN THE ACT OF MARCH 3.

A-4134, JULY 23, 1924, 4 COMP. GEN. 98

NAVAL PAY - AVIATION DUTY - EN ROUTE TO NEW STATION ORDERS DETACHING A NAVAL OFFICER, LAWFULLY IN RECEIPT OF AVIATION DUTY PAY, FROM HIS PRESENT STATION AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED HIM WITH DIRECTION TO REPORT TO A NEW STATION FOR DUTY, DO NOT REVOKE HIS GENERAL DETAIL TO FLYING DUTY IN THE ABSENCE OF OTHER FACTS INDICATING SUCH A REVOCATION, AND HE CONTINUES ENTITLED TO THE AVIATION- DUTY PAY WHILE EN ROUTE TO HIS NEW STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 23, 1924:

CLARENCE A. HAWKINS, LIEUTENANT (J.G.), UNITED STATES NAVY, APPLIED DECEMBER 3, 1923, FOR REVIEW OF SETTLEMENT NO. M-14151-N, DATED OCTOBER 20, 1923, DISALLOWING HIS CLAIM FOR THE AMOUNT CHECKED AGAINST ACCOUNT ON ROLLS OF E. D. FOSTER, LIEUTENANT (S.C.), UNITED STATES NAVY, FIRST QUARTER, 1922, AS ADDITIONAL PAY FOR AVIATION DUTY FROM FEBRUARY 27 TO MARCH 23, 1918, WHILE EN ROUTE FROM PENSACOLA, FLA., TO MOUTCHIC, FRANCE, UNDER ORDERS OF FEBRUARY 19, 1918.

IT APPEARS THAT CLAIMANT WAS DESIGNATED AS NAVAL AVIATOR NOVEMBER 1, 1917, FROM OCTOBER 2, 1917, AND DETAILED TO DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT BY THE COMMANDING OFFICER NAVAL AIR STATION, PENSACOLA, FLA., WHICH DESIGNATION AND DETAIL WAS APPROVED BY THE SECRETARY OF THE NAVY ON NOVEMBER 20, 1917.

WHILE ON THIS DUTY AT THE NAVAL AIR STATION, PENSACOLA, FLA., HE RECEIVED SAID ORDERS OF FEBRUARY 19, 1918, AS FOLLOWS:

1. YOUR DETACHMENT FROM DUTY AT YOUR PRESENT STATION AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU IS EFFECTIVE AS INDICATED BELOW, AND YOU WILL PROCEED TO THE DESTINATION GIVEN VIA NEW YORK, N.Y., AND LIVERPOOL, ENGLAND, FOR THE FOLLOWING DUTY:

HEREBY DETACHED; TO PARIS, FRANCE, AND REPORT TO THE COMMANDER U.S. NAVAL AVIATION FORCES ABROAD, AND BY LETTER TO THE COMMANDER U.S. NAVAL FORCES OPERATING IN EUROPEAN WATERS, FOR SUCH DUTY AS MAY BE ASSIGNED YOU.

5. THIS EMPLOYMENT ON SHORE DUTY BEYOND THE SEAS IS REQUIRED BY THE PUBLIC INTERESTS.

7. YOUR DESIGNATION AS A NAVAL AVIATOR REMAINS IN FORCE UNTIL SPECIFICALLY REVOKED.

THE INDORSEMENTS THEREON SHOW THAT THE ORDER WAS DELIVERED TO HIM AND THAT HE WAS DETACHED FEBRUARY 26, 1918; THAT HE PROCEEDED AS DIRECTED AND REPORTED MARCH 19, 1918, TO THE COMMANDER UNITED STATES NAVAL AVIATION FORCES ABROAD AT PARIS, FRANCE, WHO FURTHER DIRECTED HIM TO PROCEED AND REPORT TO THE COMMANDING OFFICER UNITED STATES NAVAL AIR STATION AT MOUTCHIC, FRANCE, FOR DUTY. HE REPORTED AS THUS DIRECTED ON MARCH 24, 1918.

THE LAW PROVIDING ADDITIONAL PAY FOR OFFICERS OF THE NAVY ON AVIATION DUTY IN EFFECT DURING THE PERIOD IN QUESTION, IS THE PROVISION IN THE ACT OF MARCH 3, 1915, 38 STAT. 939, AS FOLLOWS:

HEREAFTER OFFICERS OF THE NAVY AND MARINE CORPS APPOINTED STUDENT NAVAL AVIATORS, WHILE LAWFULLY DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT, INCLUDING BALLOONS, DIRIGIBLES, AND AEROPLANES, SHALL RECEIVE THE PAY AND ALLOWANCES OF THEIR RANK AND SERVICE PLUS THIRTY-FIVE PERCENTUM INCREASE THEREOF; AND THOSE OFFICERS WHO HAVE HERETOFORE QUALIFIED, OR MAY HEREAFTER QUALIFY, AS PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL, WHILE LAWFULLY DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT, RECEIVE THE PAY AND ALLOWANCES OF THEIR RANK AND SERVICE PLUS FIFTY PERCENTUM INCREASE THEREOF.

CLAIMANT IS ENTITLED UNDER SAID ACT TO INCREASE OF PAY AND ALLOWANCES "WHILE LAWFULLY DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT.' SEE UNITED STATES V. LUSKEY, 262 U.S. 62.

THE ONLY QUESTION PRESENT IN THIS CASE IS WHETHER DURING THE PERIOD OF TRAVEL FROM PENSACOLA, FLA., TO MOUTCHIC, FRANCE, FEBRUARY 27, TO MARCH 23, 1918, CLAIMANT WAS DETAILED TO DUTY INVOLVING FLYING; IF SO, HE IS ENTITLED TO PAY CLAIMED, OTHERWISE NOT. THE ORDER RECITES THAT HIS DESIGNATION AND DETAIL ARE NOT SYNONYMOUS. HIS DETAIL TO DUTY OF NOVEMBER 1, 1917, IS AS FOLLOWS:

1. YOU ARE HEREBY DESIGNATED AS NAVAL AVIATOR (SEAPLANE) FROM OCTOBER 2, 1917, AND DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIR CRAFT, INCLUDING BALLOONS, DIRIGIBLES, AND AIRPLANES, IN ACCORDANCE WITH ACTS OF CONGRESS APPROVED MARCH 3, 1915, AND AUGUST 29, 1916; AND IN ACCORDANCE WITH BUREAU OF NAVIGATION'S THIRD INDORSEMENT N6KN, 5570 436, OF OCTOBER 26, 1917.

THIS DETAIL TO DUTY INVOLVING FLYING WAS NOT LIMITED BY ANY TERMS OF THE ORDER TO THE PERIOD OF DUTY AT PENSACOLA, FLA. UPON CLAIMANT'S ARRIVAL IN FRANCE HE WAS ASSIGNED TO FLYING DUTY WITHOUT ADDITIONAL DETAIL, AND IF THE INCREASED PAY PAID TO HIM AFTER MARCH 23, 1918, WAS PROPER IT MUST HAVE BEEN UNDER THE DETAIL OF NOVEMBER 1, 1917. THE ONLY IMPLICATION IN THE ORDER OF FEBRUARY 19, 1918, OF A REVOCATION OF CLAIMANT'S DETAIL INVOLVING FLYING IS THE LANGUAGE,"YOUR DETACHMENT FROM DUTY AT YOUR PRESENT STATION, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU.'

A DETAIL TO DUTY INVOLVING FLYING IN EFFECT SETS THE OFFICER APART AS AVAILABLE FOR ASSIGNMENT TO FLYING DUTY WHEN NECESSITY THEREFOR ARISES. THE OFFICER HAS A DUAL STATUS. HE IS AN OFFICER AVAILABLE FOR ASSIGNMENT TO THE USUAL DUTIES OF AN OFFICER OF HIS RANK AND IN ADDITION IS AVAILABLE FOR ASSIGNMENT TO FLYING DUTY. WHEN DETACHED FROM STATION AND FROM ADDITIONAL DUTIES ASSIGNED HIM, IN THE ABSENCE OF OTHER FACTS INDICATING A REVOCATION OF THE DETAIL IT IS A DETACHMENT ONLY FROM DUTIES ASSIGNED TO HIM PERTAINING TO THE STATION FROM WHICH DETACHED AND IS NOT INTENDED TO REVOKE HIS DETAIL TO FLYING DUTY. THIS SEEMS TO HAVE BEEN THE UNDERSTANDING OF CLAIMANT'S SUPERIOR OFFICER IN FRANCE, AS HE WAS IMMEDIATELY ASSIGNED TO FLYING DUTY UPON ARRIVAL THERE. IT WAS ALSO APPARENTLY THE PURPOSE OF THE NAVY DEPARTMENT, AS IN THIS CASE THE DEPARTMENT WAS REQUESTED OCTOBER 4, 1923, TO INFORM THIS OFFICE "THE EFFECTIVE DATES FOR DETAIL AS AVIATOR" OF CLAIMANT AND THE DEPARTMENT REPLIED OCTOBER 12, 1923:

REPLYING TO YOUR LETTER OF 4 OCTOBER, 1923, NO. M-14151-RAP, LIEUTENANT CLARENCE A. HAWKINS, U.S.N., WAS DESIGNATED A NAVAL AVIATOR FROM 2 OCTOBER, 1917, WHILE HOLDING AN APPOINTMENT AS BOATSWAIN. THIS DESIGNATION HAS BEEN IN EFFECT CONTINUOUSLY SINCE THAT DATE AND STILL REMAINS IN EFFECT.

THE PRESENT CASE IS TO BE DISTINGUISHED FROM THE CASE OF OTTAWAY, 28 MS. COMP. GEN. 763, DECEMBER 17, 1923, WHERE A RESERVIST WHO, WHEN ON ACTIVE DUTY IN 1918, WAS DETAILED TO FLYING DUTY AND WAS RELIEVED FROM ACTIVE DUTY IN FEBRUARY, 1919, WAS ORDERED TO ACTIVE DUTY IN JULY, 1920, AND DETAILED TO DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT AT THE NAVAL AIR STATION, ROCKAWAY BEACH, LONG ISLAND, N.Y., UPON THE OFFICER'S SUBSEQUENT DETACHMENT FROM THAT STATION, ASSIGNMENT TO DUTY ON A VESSEL, AND UPON ARRIVAL IN HAWAII WAS DETACHED FROM THE VESSEL AND DIRECTED TO REPORT TO THE COMMANDANT FOURTEENTH NAVAL DISTRICT "FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT AT THE NAVAL AIR STATION, PEARL HARBOR, T.H., " IT WAS HELD THAT THE OFFICER WAS NOT DETAILED TO DUTY INVOLVING FLYING UNDER HIS DETAIL OF 1918, THAT DETAIL HAVING LAPSED WITH HIS RELIEF FROM ACTIVE DUTY IN 1919, THAT HIS DETAIL TO FLYING DUTY AT ROCKAWAY BEACH BEING LIMITED TO DUTY AT THAT STATION TERMINATED WITH HIS DETACHMENT THEREFROM, AND THAT HE WAS NOT ENTITLED TO FLYING PAY AFTER DETACHMENT UNTIL REPORTING UNDER HIS SUBSEQUENT DETAIL TO FLYING DUTY AT PEARL HARBOR.

IN THE PRESENT CASE THERE WAS NO DETAIL TO A PARTICULAR STATION AND NO REVOCATION OF THE DETAIL TO FLYING DUTY, EITHER INTENDED OR IMPLIED, BY THE ORDER DETACHING CLAIMANT FROM THE NAVAL AIR STATION, PENSACOLA, FLA., AND ASSIGNING HIM TO DUTY IN FRANCE, AND HE IS ACCORDINGLY ENTITLED TO THE INCREASED PAY AUTHORIZED FOR FLYING DUTY. UPON REVIEW OF THE MATTER THE SETTLEMENT IS MODIFIED, AND THERE IS CERTIFIED DUE CLAIMANT, $70.12, BEING TWENTY-SEVEN THIRTIETHS OF $77.92, AMOUNT OF HIS FLIGHT PAY FOR ONE MONTH.