A-42995, JULY 5, 1932, 12 COMP. GEN. 3

A-42995: Jul 5, 1932

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PAY - AVIATION DUTY WHERE AN OFFICER OF THE ARMY WAS SUSPENDED FROM ALL DUTY INVOLVING FLYING BY REASON OF HAVING BEEN FOUND. THE FACT THAT THE ORDER SUSPENDING THE OFFICER FROM FLYING DUTY WAS NOT RECEIVED AT THE FLYING FIELD UNTIL AFTER FLIGHTS HAD BEEN MADE DOES NOT CHANGE THE STATUS OF THE OFFICER. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. IS SUSPENDED FROM ALL DUTY INVOLVING FLYING. WILL REMAIN SO SUSPENDED UNTIL SUCH TIME AS A REEXAMINATION (FORM 64 A.G.O.). SHOWS HIM TO BE PHYSICALLY QUALIFIED FOR FLYING DUTY AND THE SUSPENSION IS REMOVED BY ORDERS FROM THIS OFFICE. IS REMOVED IN SO FAR AS FLYING DUTY AS OBSERVER ONLY IS CONCERNED.

A-42995, JULY 5, 1932, 12 COMP. GEN. 3

PAY - AVIATION DUTY WHERE AN OFFICER OF THE ARMY WAS SUSPENDED FROM ALL DUTY INVOLVING FLYING BY REASON OF HAVING BEEN FOUND, WHILE UNDERGOING HOSPITALIZATION AT AN ARMY HOSPITAL, PHYSICALLY DISQUALIFIED FOR FLYING DUTY, FLIGHTS THEREAFTER PERFORMED BEFORE REMOVAL OF THE SUSPENSION DO NOT QUALIFY THE OFFICER FOR ADDITIONAL FLYING PAY, AND THE FACT THAT THE ORDER SUSPENDING THE OFFICER FROM FLYING DUTY WAS NOT RECEIVED AT THE FLYING FIELD UNTIL AFTER FLIGHTS HAD BEEN MADE DOES NOT CHANGE THE STATUS OF THE OFFICER.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, JULY 5, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 28, 1932, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. HAROLD W. GRANT, A.C., UNITED STATES ARMY, IN THE AMOUNT OF $187.50 FOR ADDITIONAL PAY FOR FLYING FROM DECEMBER 1, 1931, TO FEBRUARY 29, 1932.

THE FLIGHT CERTIFICATE AND SCHEDULE ATTACHED TO THE VOUCHER SHOWS FLIGHTS PERFORMED DURING THE PERIOD DECEMBER 1, 1931, TO FEBRUARY 29, 1932 AS FOLLOWS:

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

PERSONNEL ORDERS NO. 35, OFFICE CHIEF OF THE AIR CORPS, WASHINGTON, D.C., DATED FEBRUARY 11, 1932, PROVIDED:

1. SECOND LIEUTENANT HAROLD W. GRANT, AIR CORPS, HAVING BEEN FOUND PHYSICALLY DISQUALIFIED FOR FLYING DUTY, IS SUSPENDED FROM ALL DUTY INVOLVING FLYING, AND WILL REMAIN SO SUSPENDED UNTIL SUCH TIME AS A REEXAMINATION (FORM 64 A.G.O.) SHOWS HIM TO BE PHYSICALLY QUALIFIED FOR FLYING DUTY AND THE SUSPENSION IS REMOVED BY ORDERS FROM THIS OFFICE.

PERSONNEL ORDERS NO. 48, THE SAME OFFICE, DATED FEBRUARY 27, 1932, PROVIDED:

8. SECOND LIEUTENANT HAROLD W. GRANT, AIR CORPS, HAVING COMPLETED THE PHYSICAL EXAMINATION FOR FLYING (FORM 64, A.G.O.), AND FOUND TO BE PHYSICALLY QUALIFIED FOR FLYING DUTY AS OBSERVER, HIS SUSPENSION FROM FLYING DUTY PER PARAGRAPH 1, PERSONNEL ORDERS NO. 35, OFFICE OF THE CHIEF OF THE AIR CORPS, DATED FEBRUARY 11, 1932, IS REMOVED IN SO FAR AS FLYING DUTY AS OBSERVER ONLY IS CONCERNED. LIEUTENANT GRANT WILL NOT PERFORM FLYING DUTY AS PILOT UNTIL SUCH TIME AS ORDERS ARE ISSUED BY THIS OFFICE RESTORING HIM TO DUTY INVOLVING PILOTING.

IT IS CERTIFIED BY THE COMMANDING OFFICER, BOLLING FIELD, D.C., THAT THE FLIGHTS MADE ON THE 13TH, 15TH, AND 16TH OF FEBRUARY, 1932, WERE ORDERED AND PERFORMED BEFORE PERSONNEL ORDERS NO. 35, CITED, WERE RECEIVED IN THE OPERATIONS OFFICE OF THAT STATION. THE CHIEF OF THE AIR CORPS STATED JUNE 13, 1932, RESPECTING THE DELAY IN RECEIPT AT BOLLING FIELD OF THE SUSPENSION ORDERS, AS FOLLOWS:

1. AT THE TIME ACTION WAS INITIATED WHICH TERMINATED IN THE ISSUANCE OF THE ORDER REFERRED TO IN PRECEDING FIRST INDORSEMENT LIEUTENANT GRANT WAS A PATIENT AT THE WALTER REED GENERAL HOSPITAL, HIS PERMANENT STATION BEING SCOTT FIELD, ILLINOIS, AND HIS TEMPORARY DUTY STATION BOLLING FIELD, D.C. COPIES OF THE ORDER SUSPENDING HIM FROM FLYING WERE MAILED TO THE OFFICER AT WALTER REED GENERAL HOSPITAL AND TO HIS COMMANDING OFFICER, SCOTT FIELD, ILLINOIS, BUT DUE TO AN OVERSIGHT IN THIS OFFICE COPIES WERE NOT MAILED TO BOLLING FIELD AT THE TIME THE ORDER WAS ISSUED. THIS OVERSIGHT WAS DISCOVERED LATER AND COPIES MAILED TO THAT OFFICE ABOUT FEBRUARY 15, 1932. IT APPEARS THAT LIEUTENANT GRANT WAS RETURNED TO HIS TEMPORARY DUTY STATION, BOLLING FIELD, FROM THE HOSPITAL AT ABOUT THE SAME TIME THE ORDER WAS ISSUED IN THIS OFFICE, AND COPIES MAILED TO HIM WERE FORWARDED FROM WALTER REED HOSPITAL TO BOLLING FIELD AND THEREFORE DELIVERY NECESSARILY DELAYED.

IT HAS BEEN INFORMALLY ASCERTAINED THAT THIS OFFICER WAS ADMITTED JANUARY 23, 1932, AS A PATIENT TO WALTER REED GENERAL HOSPITAL FROM BOLLING FIELD, AND THAT HE WAS DISCHARGED THEREFROM AND RETURNED TO BOLLING FIELD FEBRUARY 11, 1932.

THERE APPEARS NOTHING TO SHOW WHETHER THE PHYSICAL EXAMINATION ON WHICH THE SUSPENSION ORDER WAS BASED WAS THE ONE REQUIRED DURING JANUARY OF EACH YEAR OR WHETHER IT WAS A SPECIAL EXAMINATION DUE TO THE CIRCUMSTANCES IN HIS PARTICULAR CASE, AS REQUIRED BY PARAGRAPH 4, ARMY REGULATIONS 40-110. IT IS SHOWN THAT SUCH ACTION WAS INITIATED WHILE LIEUTENANT GRANT WAS A PATIENT AT WALTER REED GENERAL HOSPITAL.

ARMY REGULATIONS 40-110, PARAGRAPH 4-D, PROVIDE THAT---

REEXAMINATION AND REPORT ON W.D., A.G.O. FROM NO. 64 (PHYSICAL EXAMINATION FOR FLYING) WILL BE MADE OF ANY OFFICER, FLYING CADET, OR ENLISTED MAN ON FLYING STATUS AFTER HOSPITALIZATION FOR CAUSE OTHER THAN MINOR ILLNESS OR INJURY, AFTER RETURN FROM SICK LEAVE OR AFTER HEAD INJURY WITH ACTUAL OR SUSPECTED INTRACRANIAL DAMAGE; AND SUCH AN INDIVIDUAL WILL NOT BE ALLOWED TO RESUME FLYING UNTIL THE FLIGHT SURGEON REPORTS HIM PHYSICALLY QUALIFIED. * * *

PARAGRAPH 10-D OF THE SAME REGULATIONS PROVIDES THAT THE RECORDS OF PHYSICAL EXAMINATIONS SENT TO THE CHIEF OF THE AIR CORPS FOR ACTION THEREON SHALL IN NO CASE BE CONSIDERED COMPLETE UNTIL FINAL ACTION HAS BEEN HAD BY AND RECEIVED FROM THE CHIEF OF THE AIR CORPS. SUCH RECORDS ARE REQUIRED BY PARAGRAPH 12 TO BE TRANSFERRED, WHEN TRANSFER OF THE OFFICER IS MADE, AND PARAGRAPH 15 REQUIRES THAT THE COMMANDING OFFICER WILL NOT PERMIT FLYING UNTIL THE PHYSICAL QUALIFICATIONS HAVE BEEN PROPERLY DETERMINED, RECORDED, AND CERTIFIED AS REQUIRED BY THE REGULATIONS.

THE REGULATIONS CITED, AS APPLIED TO THIS CASE BY REASON OF THE OFFICER'S HOSPITALIZATION, AND THE INCOMPLETE CONDITION OF HIS RECORD PENDING RECEIPT OF ACTION ON REPORT AS TO HIS PHYSICAL CONDITION, SEEN TO HAVE FOR THEIR PURPOSE PROHIBITING FLIGHTS UNTIL ACTION IS COMPLETED ON THE REPORT OF PHYSICAL CONDITION.

THE ORDERS RECITED THAT THE OFFICER HAD BEEN FOUND PHYSICALLY DISQUALIFIED FOR FLYING AND HE WAS SUSPENDED FROM FLYING FOR THAT REASON. HIS SUSPENSION, BASED ON REPORT OF HIS PHYSICAL EXAMINATION IN CONNECTION WITH THE REGULATIONS, MUST BE REGARDED AS EFFECTIVE FROM THE DATE STATED IN THE ORDER OF THE CHIEF OF THE AIR CORPS.

THE FLIGHT CERTIFICATE AND SCHEDULE SHOWS THAT THE MINIMUM FLIGHTS REQUIRED TO QUALIFY THE OFFICER FOR FLIGHT PAY FOR THE MONTH OF JANUARY, 1932, WERE PERFORMED BEFORE HE WAS ADMITTED TO WALTER REED GENERAL HOSPITAL. THE SUSPENSION BY THE REGULATIONS OF FLIGHTS BY AN OFFICER ADMITTED FOR HOSPITALIZATION IS INTENDED TO PREVENT FLYING UNTIL HE HAS BEEN DETERMINED TO BE PHYSICALLY QUALIFIED FOR FLYING, BUT DOES NOT PROHIBIT PAYMENT OF FLYING PAY FOR A MONTH IN WHICH THE OFFICER IS HOSPITALIZED, NO FORMAL ACTION HAVING BEEN TAKEN TO SUSPEND HIS FLYING STATUS, WHERE THE MINIMUM QUALIFICATIONS FOR SUCH MONTH HAVE BEEN MET PRIOR TO THE DATE THAT HE IS ADMITTED FOR HOSPITALIZATION. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF FLYING PAY IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH FOR THE MONTH OF JANUARY, 1932, IF IT IS OTHERWISE CORRECT, BUT QUALIFICATION NOT HAVING BEEN ESTABLISHED BY FLIGHTS FOR THE MONTHS OF DECEMBER, 1931, AND FEBRUARY, 1932, PAYMENT OF FLYING PAY FOR THESE TWO MONTHS IS NOT AUTHORIZED.