A-54137, DECEMBER 18, 1934, 14 COMP. GEN. 470

A-54137: Dec 18, 1934

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1934: REFERENCE IS HAD TO YOUR REQUEST OF NOVEMBER 21. IN WHICH IT WAS HELD THAT THE OFFICERS AND ENLISTED MEN THEREIN CONCERNED WERE NOT ENTITLED TO ADDITIONAL PAY FOR SUBMARINE DUTY WHEN ATTENDING THE BUILDER'S TRIALS OF THE CUTTLEFISH AT PROVINCETOWN. IT WAS STATED IN THAT DECISION: THE OFFICERS' ORDERS CONTAINED NO INDORSEMENTS AND IT CANNOT BE ASCERTAINED FROM THE STATEMENTS MADE WHETHER THESE OFFICERS WERE ACTUALLY SERVING ON BOARD THE SUBMARINE FOR ANY PERIOD. FROM THE PAPERS IT DOES NOT DEFINITELY APPEAR THAT ANY OF THE OFFICERS NAMED WERE SERVING ON BOARD A SUBMARINE OF THE NAVY OR THAT ANY OF THE ENLISTED MEN WERE ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY AND IN THE ABSENCE OF EVIDENCE THAT THERE WAS COMPLIANCE WITH THE LAW AND REGULATIONS ADDITIONAL PAY FOR SUBMARINE DUTY IS NOT PROPERLY FOR CREDITING.

A-54137, DECEMBER 18, 1934, 14 COMP. GEN. 470

NAVY PAY - SUBMARINE DUTY ORDERS DIRECTING NAVAL OFFICERS AND ENLISTED MEN TO ATTEND BUILDER'S TRIALS OF A SUBMARINE PRIOR TO ITS ACCEPTANCE AND COMMISSIONING IN THE NAVY, AND WHILE UNDER CONSTRUCTION BY A PRIVATE CONTRACTOR DO NOT ENTITLE SUCH OFFICERS AND ENLISTED MEN TO THE ADDITIONAL PAY PROVIDED BY STATUTE FOR "DUTY ON BOARD A SUBMARINE OF THE NAVY.'

COMPTROLLER GENERAL MCCARL TO SECRETARY OF THE NAVY, DECEMBER 18, 1934:

REFERENCE IS HAD TO YOUR REQUEST OF NOVEMBER 21, 1934, FOR RECONSIDERATION OF THE DECISION OF MARCH 12, 1934, IN WHICH IT WAS HELD THAT THE OFFICERS AND ENLISTED MEN THEREIN CONCERNED WERE NOT ENTITLED TO ADDITIONAL PAY FOR SUBMARINE DUTY WHEN ATTENDING THE BUILDER'S TRIALS OF THE CUTTLEFISH AT PROVINCETOWN, MASS. IT WAS STATED IN THAT DECISION:

THE OFFICERS' ORDERS CONTAINED NO INDORSEMENTS AND IT CANNOT BE ASCERTAINED FROM THE STATEMENTS MADE WHETHER THESE OFFICERS WERE ACTUALLY SERVING ON BOARD THE SUBMARINE FOR ANY PERIOD; NOR DO THE ORDERS RELATIVE TO THE ENLISTED MEN CONTAIN THE INFORMATION REQUIRED IN THE QUOTED REGULATIONS.

FROM THE PAPERS IT DOES NOT DEFINITELY APPEAR THAT ANY OF THE OFFICERS NAMED WERE SERVING ON BOARD A SUBMARINE OF THE NAVY OR THAT ANY OF THE ENLISTED MEN WERE ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY AND IN THE ABSENCE OF EVIDENCE THAT THERE WAS COMPLIANCE WITH THE LAW AND REGULATIONS ADDITIONAL PAY FOR SUBMARINE DUTY IS NOT PROPERLY FOR CREDITING.

IN SUPPORT OF YOUR REQUEST FOR REVIEW THERE IS FORWARDED A STATEMENT FROM THE CHIEF, BUREAU OF NAVIGATION, AS FOLLOWS:

2. THE FOUR OFFICERS NAMED WERE ORDERED BY BUREAU OF NAVIGATION TO DUTY IN CONNECTION WITH FITTING OUT THE U.S.S. CUTTLEFISH AND ON BOARD THAT VESSEL WHEN COMMISSIONED, ORDERS DATED AS FOLLOWS:

CHART

LT.COMDR. CHARLES W. STYER, U.S.N ----------------------- 12 APR. 1933.

LIEUT. ADRIAN M. HURST, U.S.N --------------------------- 6 JUNE 1933.

LIEUT. THOMAS A. PARFITT, U.S.N ------------------------- 17 JUNE 1933.

ENSIGN CHARLES C. KIRKPATRICK, U.S.N -------------------- 8 NOV. 1933.

FURTHER ORDERS WERE ISSUED THE ABOVE-NAMED OFFICERS BY BUREAU OF NAVIGATION, DATED DECEMBER 9, 1933 (INCLOSURES A TO D INCLUSIVE), DIRECTING THEM TO PROCEED TO PROVINCETOWN, MASS., FOR ADDITIONAL TEMPORARY DUTY FOR THE PURPOSE OF OBSERVING THE BUILDER'S TRIALS OF THE U.S.S. CUTTLEFISH.

3. ACCORDING TO THE STATEMENT OF THE COMMANDING OFFICER, LIEUTENANT COMMANDER CHARLES W. STYER, U.S.N., THE ABOVE FOUR OFFICERS WERE ON BOARD THE U.S.S. CUTTLEFISH FROM DAY TO DAY FROM 23 JANUARY, 1934, ON WHICH DATE THAT VESSEL BEGAN BUILDER'S TRIALS AND SUBMERGED OPERATIONS, UNTIL HER COMMISSIONING ON 8 JUNE, 1934. ACCORDING TO THE COMMANDING OFFICER'S INDORSEMENTS ON INCLOSURES A TO D, THEY WERE ON BOARD IN OBEDIENCE TO ORDERS OF 9 DECEMBER, 1933, ON BUILDER'S TRIALS ON THE DATES SHOWN IN INCLOSURES DURING THE PERIOD 25 MARCH TO 19 APRIL, 1934.

4. THE ACT OF 9 APRIL, 1928, PROVIDES,"THAT HEREAFTER ALL OFFICERS OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY SHALL, WHILE SO SERVING, RECEIVE 25 PERCENTUM ADDITIONAL OF THE PAY FOR THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW.' THE POINT AT ISSUE IN THIS PARTICULAR CLAIM IS WHETHER A SUBMARINE, UNDER PROCESS OF CONSTRUCTION BY A PRIVATE CONTRACTOR, CAN BE CONSIDERED A "SUBMARINE OF THE NAVY," PRIOR TO ITS ACCEPTANCE BY THE GOVERNMENT. AT THE PRESENT TIME ABOUT HALF THE SUBMARINES ARE BEING BUILT BY U.S. NAVY YARDS, THE OTHER HALF BY A PRIVATE CONTRACTOR. IN ASSIGNING OFFICER PERSONNEL TO SHIPS UNDERGOING CONSTRUCTION, THEY MUST BE SENT WELL IN ADVANCE OF THE ACTUAL DATE OF COMPLETION, IN ORDER TO FAMILIARIZE THEMSELVES WITH THE VESSELS, AND BE PRESENT AT ALL THE TRIALS, BOTH SURFACE AND SUBMERGED. THE ORDERS ISSUED THESE OFFICERS BY THE BUREAU OF NAVIGATION ARE SIMILAR, WHETHER THE VESSEL IS BEING BUILT AT A NAVY YARD, OR BY A PRIVATE CONTRACTOR; THEY PROVIDE FOR DUTY IN CONNECTION WITH FITTING OUT AND ON BOARD WHEN COMMISSIONED. SUBMARINES UNDER CONSTRUCTION AT A NAVY YARD ARE COMMISSIONED PRIOR TO THE SURFACE AND SUBMERGED TRIALS, AND THERE IS NO QUESTION AS TO WHETHER OR NOT THE PERSONNEL IS ENTITLED TO EXTRA COMPENSATION FOR SUBMARINE DUTY DURING THESE TRIALS, AS THEY CLEARLY COME UNDER THE PROVISIONS OF THE ACT. SUBMARINES BUILDING BY A PRIVATE CONTRACTOR, ON THE OTHER HAND, ARE NOT COMMISSIONED UNTIL AFTER THE COMPLETION OF THE TRIALS AND UNTIL THEY ARE FINALLY ACCEPTED BY THE GOVERNMENT. THE PRESENCE OF EXPERIENCED SUBMARINE OFFICERS IS NECESSARY DURING THE PROGRESS OF THESE TRIALS, AND THEY ARE SO ORDERED BY THE BUREAU OF NAVIGATION. THEY ARE SUBJECTED TO THE SAME HAZARDS AND HARDSHIPS, THE SAME ADDITIONAL EXPENSE, AND THE SAME DIFFICULTIES WITH REGARD TO THE PROCUREMENT OF PERSONAL INSURANCE AS IF THEY WERE SERVING ON A SUBMARINE BUILDING AT A YARD, OR ON ONE ALREADY IN ACTIVE OPERATION.

5. IT IS ACCORDINGLY RECOMMENDED THAT EXTRA COMPENSATION BE CREDITED THESE OFFICERS FROM THE DATE OF COMMENCEMENT OF TRIALS ON 23 JANUARY, 1934, UNTIL DATE OF COMMISSIONING ON 8 JUNE, 1934.

THE ACT OF APRIL 9, 1928, 45 STAT. 412, GIVES TO OFFICERS OF THE NAVY "ON DUTY ON BOARD A SUBMARINE OF THE NAVY" AND TO ENLISTED MEN "ASSIGNED TO DUTY ON BOARD A SUBMARINE OF THE NAVY" ADDITIONAL PAY WHILE SO SERVING. IN THE PRESENT CASE THE SUBMARINE HAD NOT BEEN COMMISSIONED NOR ACCEPTED BY THE UNITED STATES AND, ACCORDINGLY, IT COULD NOT BE CONSIDERED A "SUBMARINE OF THE NAVY" WITHIN THE PURVIEW OF THE ACT OF APRIL 9, 1928, SUPRA. THE LAW HAS RELATION TO A SUBMARINE IN SERVICE AS SUCH AND NOT TO A BOAT UNDER CONSTRUCTION AS IN THE INSTANT MATTER.

UPON RECONSIDERATION THE DECISION OF MARCH 12, 1934, MUST BE AND IS ADHERED TO. ..END :