A-5687, MARCH 7, 1925, 4 COMP. GEN. 739

A-5687: Mar 7, 1925

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MARINE CORPS PAY - AVIATION DUTY WHERE AN OFFICER OF THE MARINE CORPS DETAILED TO DUTY INVOLVING FLYING WAS KILLED IN AN AIRPLANE ACCIDENT BEFORE HAVING PERFORMED THE MINIMUM NUMBER OF FLIGHTS REQUIRED DURING A CALENDAR MONTH BY EXECUTIVE ORDER OF JULY 1. FLYING PAY IS PAYABLE TO THE DATE OF HIS DEATH IF THE FACTS SHOW THAT THE OFFICER WAS PARTICIPATING IN REGULAR AND FREQUENT AERIAL FLIGHTS AT THE TIME DEATH OCCURRED. 1925: THERE IS BEFORE THIS OFFICE FOR SETTLEMENT THE CLAIM OF JAMES P. WHEREIN THERE IS INVOLVED THE QUESTION OF ALLOWANCE OF 50 PERCENT ADDITIONAL PAY FOR FLYING DUTY FOR THE PERIOD JUNE 1 TO 10. IT APPEARS THAT LIEUTENANT HAIL WAS KILLED IN AN AIRPLANE CRASH AT 9.55 A.M. CERTIFIED THAT LIEUTENANT HAIL WAS DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT JULY 25.

A-5687, MARCH 7, 1925, 4 COMP. GEN. 739

MARINE CORPS PAY - AVIATION DUTY WHERE AN OFFICER OF THE MARINE CORPS DETAILED TO DUTY INVOLVING FLYING WAS KILLED IN AN AIRPLANE ACCIDENT BEFORE HAVING PERFORMED THE MINIMUM NUMBER OF FLIGHTS REQUIRED DURING A CALENDAR MONTH BY EXECUTIVE ORDER OF JULY 1, 1922, ISSUED PURSUANT TO SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, FLYING PAY IS PAYABLE TO THE DATE OF HIS DEATH IF THE FACTS SHOW THAT THE OFFICER WAS PARTICIPATING IN REGULAR AND FREQUENT AERIAL FLIGHTS AT THE TIME DEATH OCCURRED.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 7, 1925:

THERE IS BEFORE THIS OFFICE FOR SETTLEMENT THE CLAIM OF JAMES P. HAIL, ADMINISTRATOR, FOR AMOUNT DUE AND UNPAID AT THE DATE OF DEATH OF HAROLD D. HAIL, LATE SECOND LIEUTENANT, UNITED STATES MARINE CORPS, WHEREIN THERE IS INVOLVED THE QUESTION OF ALLOWANCE OF 50 PERCENT ADDITIONAL PAY FOR FLYING DUTY FOR THE PERIOD JUNE 1 TO 10, 1924.

IT APPEARS THAT LIEUTENANT HAIL WAS KILLED IN AN AIRPLANE CRASH AT 9.55 A.M., JUNE 10, 1924, AT GARRISONVILLE, VA. THE COMMANDING OFFICER OF DIVISION 1 (VF SQUADRON 1), FIRST AVIATION GROUP, MARINE BARRACKS, QUANTICO, VA., JUNE 10, 1924, CERTIFIED THAT LIEUTENANT HAIL WAS DETAILED FOR DUTY INVOLVING ACTUAL FLYING IN AIRCRAFT JULY 25, 1923, AND UNDER THIS DETAIL HE PERFORMED DURING THE PERIOD IN QUESTION FOUR FLIGHTS OF AN AGGREGATE DURATION OF 2 HOURS AND 20 MINUTES. DURING THE MONTH OF MAY, 1924, IT APPEARS HE PERFORMED 35 FLIGHTS AND WAS IN THE AIR 22 HOURS 45 MINUTES.

SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, PROVIDES:

THAT ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF ALL BRANCHES OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, WHEN DETAILED TO DUTY INVOLVING FLYING, SHALL RECEIVE THE SAME INCREASE OF THEIR PAY * * * AS ARE NOW AUTHORIZED FOR THE PERFORMANCE OF LIKE DUTIES IN THE ARMY. * * * REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL BE UNIFORM FOR ALL THE SERVICES CONCERNED.

SECTION 13A OF THE ACT OF JUNE 4, 1920, 41 STAT. 769, PROVIDES, IN PART:

* * * OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS; * * *.

PARAGRAPH 9 OF EXECUTIVE ORDER 3705-B, DATED JULY 1, 1922, ISSUED IN PURSUANCE OF SECTION 20 OF THE ACT OF JUNE 10, 1922, PROVIDES:

9. EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, WHO IS DETAILED TO DUTY INVOLVING FLYING, SHALL BE REQUIRED TO MAKE AT LEAST TEN FLIGHTS OR BE IN THE AIR A TOTAL OF FOUR HOURS DURING EACH CALENDAR MONTH; PROVIDED THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN SO DETAILED, WHO IS UNABLE TO MEET THESE REQUIREMENTS DURING ANY CALENDAR MONTH FOR ANY REASON OTHER THAN SICKNESS OR INJURY, SHALL BE REGARDED AS HAVING MET THEM IF HE PERFORMS A MINIMUM OF TWENTY FLIGHTS OR IS IN THE AIR A MINIMUM OF EIGHT HOURS PRIOR TO THE END OF THE FOLLOWING CALENDAR MONTH; PROVIDED FURTHER, THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN SO DETAILED, WHO IS UNABLE TO MEET THIS ALTERNATIVE REQUIREMENT FOR ANY REASON OTHER THAN SICKNESS OR INJURY, SHALL BE REGARDED AS HAVING MET THIS REQUIREMENT IF HE PERFORMS A MINIMUM OF THIRTY FLIGHTS OR IS IN THE AIR A MINIMUM OF TWELVE HOURS PRIOR TO THE END OF THE CALENDAR MONTH THERETO SUCCEEDING. FAILURE TO COMPLY WITH THE FOREGOING REQUIREMENTS SHALL HAVE THE EFFECT OF SUSPENDING THE DETAIL TO DUTY INVOLVING FLYING, BUT ONLY FOR THE PERIOD DURING WHICH THE FOREGOING REQUIREMENTS AS TO FLIGHTS ARE NOT COMPLIED WITH; PROVIDED THAT, IN THE CASE OF ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN, WHO, BY REASON OF SICKNESS OR INJURY INCURRED IN THE LINE OF DUTY, IS UNABLE TO COMPLY WITH THE FOREGOING REQUIREMENTS, HIS DETAIL TO DUTY INVOLVING FLYING SHALL BE CONSIDERED AS TEMPORARILY SUSPENDED FROM THE DAY FOLLOWING THAT ON WHICH THE DISABILITY OCCURRED; IF THE FLIGHT REQUIREMENTS ARE SUBSTANTIALLY MET WITHIN THE THREE MONTHS' PERIOD HEREIN PRESCRIBED, THE TEMPORARY SUSPENSION SHALL BE CONSIDERED NULLIFIED, OTHERWISE IT SHALL REMAIN IN EFFECT UNTIL HE RESUMES FLIGHTS IN CONFORMITY WITH THE FOREGOING REQUIREMENTS. EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN, WHO IS DETAILED TO DUTY INVOLVING FLYING, AND WHO IS A QUALIFIED AIRCRAFT PILOT, AND WHO IS FIT FOR DUTY AS SUCH, SHALL MAKE THE FLIGHTS HEREIN REQUIRED AS PILOT. EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO IS DETAILED TO DUTY INVOLVING FLYING AND WHO IS A QUALIFIED AIRCRAFT OBSERVER, BUT IS NOT A QUALIFIED AIRCRAFT PILOT, SHALL MAKE THE FLIGHTS HEREIN REQUIRED AS OBSERVER.

THE EXECUTIVE ORDER OF JULY 1, 1922, FIXES THE MINIMUM FLYING NECESSARY TO ESTABLISH REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS, VIZ, 10 FLIGHTS, OR A TOTAL OF FOUR HOURS IN THE AIR DURING EACH CALENDAR MONTH, AND PRESCRIBES THAT FAILURE TO MEET SUCH MINIMUM REQUIREMENTS IN ANY PARTICULAR MONTH SHALL HAVE THE EFFECT OF SUSPENDING THE DETAIL TO DUTY INVOLVING FLYING, WITH A PROVISION FOR COMPLIANCE WITH THE REQUIREMENTS BY INCREASED FLIGHTS IN THE TWO SUCCEEDING MONTHS. IT FURTHER PROVIDES THAT WHEN THE FAILURE TO MEET THE REQUIREMENTS IS DUE TO SICKNESS OR INJURY INCURRED IN LINE OF DUTY THE DETAIL TO DUTY INVOLVING FLYING SHALL BE CONSIDERED AS TEMPORARILY SUSPENDED FROM THE DAY FOLLOWING THAT ON WHICH THE DISABILITY OCCURS.

THERE IS NO PROVISION IN THE EXECUTIVE ORDER COVERING CASES OF DEATH IN AVIATION ACCIDENTS, AND THE REQUIREMENTS FOR 10 FLIGHTS, OR A TOTAL OF FOUR HOURS IN THE AIR DURING EACH CALENDAR MONTH, CAN HAVE NO APPLICATION THERETO.

THE OFFICER IN THIS CASE WAS DETAILED TO DUTY INVOLVING FLYING, AND HIS FLYING LOG TO DATE OF DEATH SHOWS HE WAS ASSIGNED TO AND WAS IN THE PERFORMANCE OF DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS ON A PRO RATA BASIS AS ESTABLISHED FOR A CALENDAR MONTH BY THE EXECUTIVE ORDER. THE REGULATIONS NOT BEING APPLICABLE OTHERWISE, FLYING PAY IS ALLOWABLE UNDER THE LAW DURING THE PERIOD JUNE 1 TO 10, 1924.