A-57514, SEPTEMBER 21, 1934, 14 COMP. GEN. 242

A-57514: Sep 21, 1934

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WHEN AN ENLISTED MAN ASSIGNED TO DIVING DUTY IS SENT TO A HOSPITAL FOR TREATMENT AND IS RETURNED TO THE SAME DIVING DUTY WITHIN 30 DAYS HE IS ENTITLED TO DIVING PAY FOR THE PERIOD WHILE IN THE HOSPITAL. IF NOT RETURNED TO DUTY WITHIN 30 DAYS HE IS NOT ENTITLED TO ADDITIONAL PAY FOR DIVING FOR THE PERIOD HE IS IN THE HOSPITAL. IN CIRCUMSTANCES AS FOLLOWS: ROSS WAS DESIGNATED DIVER FIRST CLASS ON JUNE 25. HE WAS TRANSFERRED FROM THE U.S.S. WAS RETURNED TO THE U.S.S. WIDGEON WAS NOT TERMINATED WHILE ROSS WAS IN THE HOSPITAL FOR TREATMENT AND DIRECTED THE DISBURSING OFFICER TO CREDIT ROSS WITH DIVING PAY AT THE RATE OF $15 PER MONTH FROM DECEMBER 25. PROVIDES: ENLISTED MEN ARE ENTITLED TO EXTRA PAY FOR SUBMARINE DUTY OR DIVING DUTY WHILE ON AUTHORIZED LEAVE.

A-57514, SEPTEMBER 21, 1934, 14 COMP. GEN. 242

PAY - DIVING DUTY - NAVY ENLISTED MEN THE RULE APPLIED TO MEN "ASSIGNED TO DUTY ABOARD SUBMARINES" UNDER THE ACT OF APRIL 9, 1928, 45 STAT. 412, AUTHORIZING ADDITIONAL PAY FOR SUBMARINE DUTY AND DIVING DUTY APPLIES TO MEN "ASSIGNED TO THE DUTY OF DIVING" UNDER THE SAME ACT. WHEN AN ENLISTED MAN ASSIGNED TO DIVING DUTY IS SENT TO A HOSPITAL FOR TREATMENT AND IS RETURNED TO THE SAME DIVING DUTY WITHIN 30 DAYS HE IS ENTITLED TO DIVING PAY FOR THE PERIOD WHILE IN THE HOSPITAL; BUT IF NOT RETURNED TO DUTY WITHIN 30 DAYS HE IS NOT ENTITLED TO ADDITIONAL PAY FOR DIVING FOR THE PERIOD HE IS IN THE HOSPITAL.

COMPTROLLER GENERAL MCCARL TO LT. E. H. BRADLEY, UNITED STATES NAVY, SEPTEMBER 21, 1934:

BY DIRECTION OF THE SECRETARY OF THE NAVY IN SECOND ENDORSEMENT OF AUGUST 31, 1934, THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION AS TO THE RIGHT OF HARRY WILBUR ROSS, T.M. 3C, UNITED STATES NAVY, TO DIVING PAY FOR PERIOD DECEMBER 25, 1933 TO JUNE 24, 1934, IN CIRCUMSTANCES AS FOLLOWS:

ROSS WAS DESIGNATED DIVER FIRST CLASS ON JUNE 25, 1931, AND WHILE ON DUTY ON THE U.S.S. WIDGEON, JULY 1 TO NOVEMBER 17, 1933, PERFORMED DIVES TO DEPTH OF NOT LESS THAN 150 FEET FOR THE PURPOSE OF RETAINING HIS QUALIFICATION AS DIVER FIRST CLASS ON THE FOLLOWING DAYS:

JULY 6, AUGUST 29, OCTOBER 9, AND NOVEMBER 11, 1933.

ON NOVEMBER 17, 1933, HE WAS TRANSFERRED FROM THE U.S.S. WIDGEON TO THE NAVAL HOSPITAL, PEARL HARBOR, T.H., AND WAS RETURNED TO THE U.S.S. WIDGEON ON JUNE 6, 1934. UNDER DATE OF JUNE 14, 1934, THE COMMANDING OFFICER OF THE U.S.S. WIDGEON CERTIFIED THAT THE DETAIL INVOLVING DIVING AND ASSIGNMENT TO DUTY ABOARD THE U.S.S. WIDGEON WAS NOT TERMINATED WHILE ROSS WAS IN THE HOSPITAL FOR TREATMENT AND DIRECTED THE DISBURSING OFFICER TO CREDIT ROSS WITH DIVING PAY AT THE RATE OF $15 PER MONTH FROM DECEMBER 25, 1933, UNTIL FURTHER ORDERS.

THE ACT OF APRIL 9, 1928, 45 STAT. 412, PROVIDES:

* * * AN ENLISTED MAN OF THE UNITED STATES NAVY ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY, OR TO THE DUTY OF DIVING, SHALL, IN LIEU OF THE ADDITIONAL PAY NOW AUTHORIZED, RECEIVE PAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, AT THE RATE OF NOT LESS THAN $5 PER MONTH, AND NOT EXCEEDING $30 PER MONTH, IN ADDITION TO THE PAY AND ALLOWANCES OF HIS RATING AND SERVICE. * * *

SECTION I-6, PAY BILL INSTRUCTIONS, PROVIDES:

ENLISTED MEN ARE ENTITLED TO EXTRA PAY FOR SUBMARINE DUTY OR DIVING DUTY WHILE ON AUTHORIZED LEAVE. (COMP. GEN. MAY 16, 1928.)

THE RIGHT TO ADDITIONAL PAY FOR DIVING DUTY CEASES UPON DATE OF DETACHMENT FROM SHIP OR STATION, AND SUCH RIGHT DOES NOT AGAIN COMMENCE UNTIL AN ENLISTED MAN HAS REPORTED TO A NEW SHIP OR STATION AND HAS BEEN DETAILED OR ASSIGNED TO THE DUTY OF DIVING. (COMP. GEN. NOV. 13, 1929, ART. 2145-1, S. AND A. MEMO.)

WHERE AN ENLISTED MAN ASSIGNED TO DUTY ABOARD A SUBMARINE IS SENT TO A HOSPITAL FOR TREATMENT, SUBMARINE PAY WILL NOT BE CREDITED WHILE IN THE HOSPITAL. IF HE IS RETURNED TO DUTY ABOARD THE SAME SUBMARINE WITHIN 30 DAYS OF HIS TRANSFER THEREFROM, HE WILL BE CREDITED WITH SUBMARINE PAY FOR THE PERIOD WHILE IN THE HOSPITAL. SUCH CREDIT MUST BE SUBSTANTIATED BY CERTIFICATE FROM THE COMMANDING OFFICER THAT THE ASSIGNMENT TO DUTY ABOARD THE SUBMARINE WAS NOT TERMINATED WHILE IN THE HOSPITAL.

THE RIGHT TO THE ADDITIONAL PAY IS WHILE THE MAN IS "ASSIGNED * * * TO THE DUTY OF DIVING," AND WHEN ABSENT IN HOSPITAL FOR AN EXTENDED PERIOD IT IS OBVIOUS HE IS NOT "ASSIGNED TO THE DUTY OF DIVING" OR ANY OTHER DUTY. THE RULE APPLIED TO MEN "ASSIGNED TO DUTY ABOARD SUBMARINES" WHEN SENT TO HOSPITAL FOR TREATMENT IS APPLICABLE TO "MEN ASSIGNED TO DUTY OF DIVING" UNDER THE SAME STATUTE. ROSS WAS IN THE HOSPITAL AND WAS ASSIGNED TO NO DUTY FROM NOVEMBER 18, 1933, TO JUNE 5, 1934, INCLUSIVE, A PERIOD IN EXCESS OF 30 DAYS. HE IS NOT THEREFORE ENTITLED TO ADDITIONAL PAY FOR DIVING DUTY DURING SAID PERIOD.