A-46803, NOVEMBER 10, 1934, 14 COMP. GEN. 374

A-46803: Nov 10, 1934

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FLIGHT ORDERS ISSUED BY COMMANDING OFFICERS ARE EFFECTIVE ONLY SO LONG AS THE MAN OR MEN ARE ATTACHED TO THE COMMANDS OF THE OFFICERS WHO ISSUED SUCH ORDERS. WHERE THE AVIATION UNIT ATTACHED TO A PARTICULAR VESSEL IS TEMPORARILY TRANSFERRED TO A SHORE STATION OR TO ANOTHER VESSEL FOR AVIATION DUTY. IN ORDER TO BE ENTITLED TO AVIATION PAY DURING THE PERIOD THEY ARE ON SUCH TEMPORARY DUTY AND NOT UNDER THE COMMAND OF THE VESSEL TO WHICH THE AVIATION UNIT IS ATTACHED. THE MAN OR MEN MUST BE ISSUED FLIGHT ORDERS COVERING SUCH PERIOD BY THE COMMANDING OFFICER OF THE SHORE STATION OR VESSEL WHERE SUCH TEMPORARY DUTY IS PERFORMED. THE GROUND FOR DISALLOWANCE WAS THAT FLIGHT ORDERS ISSUED BY THE COMMANDING OFFICER OF THE U.S.S.

A-46803, NOVEMBER 10, 1934, 14 COMP. GEN. 374

AVIATION PAY - ENLISTED MEN OF THE NAVY UNDER NAVY REGULATIONS RELATIVE TO COMPETENCY OF ORDERS, FLIGHT ORDERS ISSUED BY COMMANDING OFFICERS ARE EFFECTIVE ONLY SO LONG AS THE MAN OR MEN ARE ATTACHED TO THE COMMANDS OF THE OFFICERS WHO ISSUED SUCH ORDERS; AND WHERE THE AVIATION UNIT ATTACHED TO A PARTICULAR VESSEL IS TEMPORARILY TRANSFERRED TO A SHORE STATION OR TO ANOTHER VESSEL FOR AVIATION DUTY, IN ORDER TO BE ENTITLED TO AVIATION PAY DURING THE PERIOD THEY ARE ON SUCH TEMPORARY DUTY AND NOT UNDER THE COMMAND OF THE VESSEL TO WHICH THE AVIATION UNIT IS ATTACHED, THE MAN OR MEN MUST BE ISSUED FLIGHT ORDERS COVERING SUCH PERIOD BY THE COMMANDING OFFICER OF THE SHORE STATION OR VESSEL WHERE SUCH TEMPORARY DUTY IS PERFORMED.

COMPTROLLER GENERAL MCCARL TO WILLIAM MCKINLEY PROVANCE, UNITED STATES NAVY, NOVEMBER 10, 1934:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT OF NOVEMBER 8, 1933, DISALLOWING YOUR CLAIM FOR FLIGHT PAY RECEIVED BY YOU FOR THE PERIOD SEPTEMBER 10 TO DECEMBER 21, 1931, AND SUBSEQUENTLY REFUNDED BY YOU.

THE GROUND FOR DISALLOWANCE WAS THAT FLIGHT ORDERS ISSUED BY THE COMMANDING OFFICER OF THE U.S.S. HOUSTON, SEPTEMBER 1, 1931, WERE AUTOMATICALLY TERMINATED BY YOUR TRANSFER TO THE U.S.S. JASON ON SEPTEMBER 10, 1931. YOU SUBMIT EVIDENCE SHOWING THAT YOU WERE TRANSFERRED TO THE U.S.S. JASON WITH THE AVIATION UNIT WITH WHICH SERVING FOR TEMPORARY DUTY ONLY; THAT THE AVIATION UNIT WHILE ON THE U.S.S. JASON MAINTAINED ITS INTEGRITY AS SUCH AND MERELY OPERATED FROM THE JASON INSTEAD OF FROM THE HOUSTON FROM SEPTEMBER 10 TO DECEMBER 21, 1931, ON WHICH LATER DATE THE UNIT RETURNED TO THE U.S.S. HOUSTON. FOR THESE REASONS, YOU CLAIM THERE WAS NO TERMINATION OF YOUR FLIGHT ORDERS ISSUED BY THE COMMANDING OFFICER OF THE U.S.S. HOUSTON BY REASON OF THE TEMPORARY DUTY ON THE JASON.

YOUR FLIGHT ORDERS ISSUED BY THE COMMANDING OFFICER OF THE U.S.S. HOUSTON, SEPTEMBER 1, 1931, CONTAINED THE FOLLOWING:

THESE ORDERS ARE AUTOMATICALLY REVOKED UPON DISCHARGE, OR UPON TRANSFER TO ANOTHER COMMAND.

RELATIVE TO THE COMPETENCY OF FLIGHT ORDERS, THE REGULATIONS, PARAGRAPH F -2 (B), SECTION F OF PAY BILL INSTRUCTIONS, PROVIDES:

THAT HE MUST PERFORM THE FLYING PRESCRIBED IN THE EXECUTIVE ORDER. THE TERM "ORDERS FROM COMPETENT AUTHORITY," MEANS FLIGHT ORDERS ISSUED BY THE BUREAU OF NAVIGATION, COMMANDING OFFICERS OF AERONAUTICAL UNITS, OR COMMANDANTS OF NAVAL DISTRICTS. FLIGHT ORDERS ISSUED BY THE BUREAU OF NAVIGATION ARE KNOWN AS PERMANENT FLIGHT ORDERS AND CONTINUE IN FORCE REGARDLESS OF SHIPS OR STATIONS ON WHICH FLYING DUTY IS PERFORMED UNLESS ORDERS INDICATE LIMITED DURATION. THESE ORDERS ARE NOT REVOKED WHEN THE OFFICER OR MAN IS ORDERED FROM ONE SHIP OR STATION TO ANOTHER, UNLESS THE OFFICER OR MAN IS ORDERED TO DUTY NOT INVOLVING FLYING, IN WHICH CASE THE RIGHT TO FLIGHT PAY TERMINATES WITH DETACHMENT. FLIGHT ORDERS ISSUED BY COMMANDING OFFICERS, EVEN THOUGH THEY BEAR THE APPROVAL OF THE BUREAU OF NAVIGATION, ARE AUTOMATICALLY REVOKED WHEN THE ENLISTED MAN OR MEN ARE DETACHED FROM THE COMMAND OF THE OFFICER WHO ISSUED THE ORDERS. UPON REPORTING TO ANOTHER AERONAUTICAL UNIT FLIGHT ORDERS ARE ISSUED BY THE NEW COMMANDING OFFICER. THE DIFFERENCE BETWEEN FLIGHT ORDERS ISSUED BY THE BUREAU OF NAVIGATION AND THOSE ISSUED BY COMMANDING OFFICERS IS THAT ,FLIGHT PAY" DEPENDENT UPON THE FORMER IS CONTINUOUS REGARDLESS OF DETACHMENTS PROVIDED OTHER FLYING REQUIREMENTS ARE MET, WHILE FLIGHT ORDERS ISSUED BY COMMANDING OFFICERS ARE EFFECTIVE ONLY SO LONG AS THE MAN OR MEN ARE ATTACHED TO THE COMMANDS OF THE OFFICERS WHO ISSUED SUCH ORDERS. ,FLIGHT PAY" IS NOT CONTINGENT UPON RANK, RATING, OR DESIGNATION; HOWEVER, IT IS THE POLICY OF THE NAVY DEPARTMENT TO ISSUE PERMANENT FLIGHT ORDERS TO COMMISSIONED OFFICERS, WARRANT OFFICERS, CHIEF AVIATION PILOTS, AVIATION PILOTS, FIRST-CLASS, AND THOSE MEN WHO HAVE SATISFACTORILY COMPLETED THE COURSE OF INSTRUCTION BUT WHO HAVE NOT BEEN RATED CHIEF AVIATION PILOTS OR AVIATION PILOTS, FIRST-CLASS. FLIGHT ORDERS TO ENLISTED MEN OTHER THAN SPECIFIED ABOVE ARE ISSUED BY COMMANDING OFFICERS. * * * WHERE THE AVIATION UNIT ATTACHED TO A SHIP IS TRANSFERRED AS A UNIT TEMPORARILY TO A SHORE STATION, ENLISTED MEN ATTACHED TO THE UNIT WHO ARE NOT IN RECEIPT OF PERMANENT FLIGHT ORDERS, IN ORDER TO BE ENTITLED TO AVIATION PAY DURING THE ENTIRE PERIOD MUST BE ISSUED FLIGHT ORDERS AS FOLLOWS: (A) BY THE COMMANDING OFFICER OF THE SHIP COVERING THE PERIOD PRIOR TO LEAVING THE SHIP; (B) BY THE COMMANDING OFFICER OF THE UNIT FOR THE PERIOD REQUIRED IN PROCEEDING TO AND FROM THE SHORE STATION AND WHILE TEMPORARILY AT THE SHORE STATION (ART. 669 (11), (12), N.R.).

IT IS OBVIOUS THAT THE FLIGHT ORDERS ISSUED TO YOU ON SEPTEMBER 1, 1931, BY THE COMMANDING OFFICER OF THE U.S.S. HOUSTON WERE NOT OF THAT CLASS OF ORDERS DESIGNATED IN THE REGULATIONS AS ,CONTINUOUS REGARDLESS OF DETACHMENTS" AND, THEREFORE, THEY WERE EFFECTIVE ONLY SO LONG AS YOU WERE ATTACHED TO THE COMMAND OF THE OFFICER WHO ISSUED THE ORDERS. UNDER THE REGULATIONS WHERE THE AVIATION UNIT IS TRANSFERRED TEMPORARILY FROM A SHIP TO A SHORE STATION, FLIGHT ORDERS ISSUED BY THE COMMANDING OFFICER OF THE SHIP COVER ONLY THE PERIOD PRIOR TO LEAVING THE SHIP AND THE COMMANDING OFFICER OF THE UNIT MUST ISSUE FLIGHT ORDERS FOR THE PERIOD WHILE TEMPORARILY AT THE SHORE STATION. THIS REQUIREMENT SHOWS CLEARLY A PURPOSE IN THE REGULATION WHEN FLIGHT ORDERS ARE NOT THE CHANGE IN COMMAND IS TEMPORARY. UPON YOUR TRANSFER TO THE U.S.S. JASON ON SEPTEMBER 10, 1931, YOU WERE NOT UNDER COMMAND OF THE COMMANDING OFFICER OF THE U.S.S. HOUSTON. THE ORDERS ISSUED BY THE COMMANDING OFFICER OF THE U.S.S. HOUSTON ON SEPTEMBER 1, 1931, BOTH UNDER THEIR TERMS AND THE REGULATIONS AUTOMATICALLY TERMINATED UPON YOUR TRANSFER FROM THAT VESSEL SEPTEMBER 10, 1931, AND NO ORDERS HAVING BEEN ISSUED BY THE COMMANDING OFFICER OF THE AVIATION UNIT OR THE COMMANDING OFFICER OF THE U.S.S. JASON, FLIGHTS MADE BY YOU SUBSEQUENT TO THE TRANSFER WERE NOT MADE UNDER "ORDERS FROM COMPETENT AUTHORITY" WITHIN THE LAW AND REGULATIONS.