A-59908, FEBRUARY 21, 1935, 14 COMP. GEN. 635

A-59908: Feb 21, 1935

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WHERE AN OFFICER BY HIS ORDERS IS FORMALLY ATTACHED TO A SUBMARINE BUT DOES NOT ACTUALLY COME IN PHYSICAL CONTACT THEREWITH. HE IS NOT IN SUCH CIRCUMSTANCES PERFORMING DUTY ON BOARD A SUBMARINE OF THE NAVY SUCH AS TO ENTITLE HIM TO INCREASED PAY FOR SUBMARINE DUTY. ORDERS WERE ISSUED TO LIEUTENANT BROCKMAN. YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THE U.S.S. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU. WILL PROCEED TO WASHINGTON. ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS. 3. YOU WILL REGARD YOURSELF DETACHED. WILL PROCEED AND REPORT TO THE COMMANDER SUBMARINE DIVISION FOUR FOR DUTY. ON WHICH DATE HE WAS DIRECTED BY THE COMMANDANT OF THE NAVY YARD TO REPORT TO THE COMMANDER OF SUBMARINE DIVISION 4.

A-59908, FEBRUARY 21, 1935, 14 COMP. GEN. 635

SUBMARINE DUTY PAY - OFFICERS OF THE NAVY TO ENTITLE AN OFFICER OF THE NAVY TO INCREASE OF PAY PROVIDED FOR SUBMARINE DUTY UNDER THE ACT OF APRIL 9, 1928, 45 STAT. 412, HE MUST ACTUALLY SERVE ON BOARD A SUBMARINE OF THE NAVY; AND WHERE AN OFFICER BY HIS ORDERS IS FORMALLY ATTACHED TO A SUBMARINE BUT DOES NOT ACTUALLY COME IN PHYSICAL CONTACT THEREWITH, HE IS NOT IN SUCH CIRCUMSTANCES PERFORMING DUTY ON BOARD A SUBMARINE OF THE NAVY SUCH AS TO ENTITLE HIM TO INCREASED PAY FOR SUBMARINE DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 21, 1935:

BY YOUR DIRECTION IN FIFTH ENDORSEMENT, JANUARY 5, 1935, THERE HAS BEEN RECEIVED THE REQUEST OF LT. COMDR. I. W. GORTON (SC) UNITED STATES NAVY, FOR REMOVAL OF DISALLOWANCE OF CREDIT IN HIS DISBURSING ACCOUNT FOR THE PERIOD SEPTEMBER 9 TO 30, 1933, FOR $27.27 PAID LIEUT. (J.G.) WM. H. BROCKMAN, UNITED STATES NAVY, AS EXTRA COMPENSATION FOR SUBMARINE DUTY.

ON AUGUST 11, 1933, ORDERS WERE ISSUED TO LIEUTENANT BROCKMAN, AS FOLLOWS:

SUBJECT: CHANGE OF DUTY.

1. WHEN DIRECTED BY THE COMMANDER SUBMARINE DIVISION FOUR, YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THE U.S.S. R-10, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU; WILL PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT, NAVY YARD, FOR TEMPORARY DUTY UNDER INSTRUCTION AT THE DIVING SCHOOL.

2. THE SECRETARY OF THE NAVY HAS DETERMINED THAT THIS EMPLOYMENT, ON SHORE DUTY IS REQUIRED BY THE PUBLIC INTERESTS.

3. UPON THE COMPLETION OF THIS DUTY AND WHEN DIRECTED BY THE COMMANDANT, NAVY YARD, YOU WILL REGARD YOURSELF DETACHED; WILL PROCEED AND REPORT TO THE COMMANDER SUBMARINE DIVISION FOUR FOR DUTY, AND ON BOARD A SUBMARINE OF THAT DIVISION.

4. REPORT TO THE COMMANDING OFFICER, SUBMARINE BASE, NEW LONDON, CONNECTICUT, FOR ADDITIONAL DUTY AT THE SUBMARINE BASE IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK.

ENDORSEMENT ON THESE ORDERS SHOW DUTY COMPLETED AT THE NAVY YARD,WASHINGTON, D.C., SEPTEMBER 8, 1933, ON WHICH DATE HE WAS DIRECTED BY THE COMMANDANT OF THE NAVY YARD TO REPORT TO THE COMMANDER OF SUBMARINE DIVISION 4. ENDORSEMENTS ALSO SHOW THAT HE REPORTED TO THE COMMANDER OF SUBMARINE DIVISION 4, SEPTEMBER 9, 1933, AND TO THE COMMANDING OFFICER OF THE U.S.S. R-14, NEW LONDON, CONN., ON SEPTEMBER 9, 1933. ON THE SAME DATE, HE REPORTED TO THE COMMANDER OF THE SUBMARINE BASE, NEW LONDON, CONN., AND WAS ASSIGNED "ADDITIONAL DUTY AS ASSISTANT OFFICER IN CHARGE OF SUBMARINE TRAINING TANK.'

IT IS STATED BY THE COMMANDING OFFICER OF THE SUBMARINE BASE THAT LIEUTENANT BROCKMAN "WAS REGULARLY ATTACHED TO THE U.S.S. R-14.' RELATIVE TO THE NATURE OF THE ADDITIONAL DUTY ASSIGNED LIEUTENANT BROCKMAN, THE CHIEF, BUREAU OF NAVIGATION, IN REPORT OF JULY 19, 1934, STATES:

3. THE BUREAU MAINTAINS DIVING TANKS AT NEW LONDON AND PEARL HARBOR FOR THE PURPOSE OF TRAINING SUBMARINE PERSONNEL IN THE METHODS OF ESCAPE FROM SUBMERGED SUBMARINES. THESE TANKS, WHICH ARE 115 FEET HIGH, AND ARE FILLED WITH WATER, HAVE PLATFORMS AT SUBMERGED DEPTHS OF 18, 50, AND 100 FEET WHICH ARE CONSTRUCTED TO SIMULATE AN ESCAPE COMPARTMENT OF A SUBMARINE. PERSONNEL UNDERGOING INSTRUCTION ENTER THE COMPARTMENTS, WHICH ARE THEN FLOODED, AND ESCAPE BY A VERTICAL ASCENT THROUGH A COLUMN OF WATER WHICH IS SOMETIMES AS GREAT AS 100 FEET. THE OFFICER IN CHARGE OF THIS TANK TRAINING NOT ONLY INSTRUCTS THE PERSONNEL IN THE PROPER PROCEDURE, BUT HE MUST ACTUALLY PERFORM THE ASCENT WITH EACH SECTION OF THE CLASS HE IS INSTRUCTING, AND HE IS ACCORDINGLY EXPOSED TO ALL THE HARDSHIPS AND HAZARDS THAT WOULD BE ENCOUNTERED WERE THE ESCAPE TRAINED IN THESE TANKS, AND ONLY OFFICERS WHO ARE QUALIFIED IN SUBMARINES AND ATTACHED THERETO ARE CONSIDERED AS BEING ELIGIBLE FOR INSTRUCTORS IN THIS TRAINING, WHICH IS AN INTEGRAL PART OF THE SYSTEM OF SUBMARINE INDOCTRINATION AND NECESSARY FOR THE EDUCATION OF SUBMARINE PERSONNEL. THE ONLY LOGICAL SOURCE OF INSTRUCTORS IS FROM OFFICER PERSONNEL ATTACHED TO SUBMARINES, AND THIS BUREAU CONSIDERS THAT AN OFFICER ATTACHED TO A SUBMARINE WHO IS ORDERED TO PERFORM ADDITIONAL DUTY IN CONNECTION WITH LUNG TRAINING, WHICH IS ITSELF AS MUCH A PART OF SUBMARINE TRAINING AS IF THE ESCAPES WERE PERFORMED FROM A SUBMERGED SUBMARINE INSTEAD OF A TANK FLOODED AND RIGGED TO REPRESENT A SUBMARINE, IS ENTITLED TO EXTRA COMPENSATION UNDER THE LAW FOR DUTY IN SUBMARINES, IRRESPECTIVE OF WHETHER THE PREPONDERANCE OF HIS DUTY IS PERFORMED ON THE SUBMARINE TO WHICH HE IS ATTACHED OR IN THE TANK.

4. ORDERS ISSUED TO THIS OFFICER (REFERENCE B) REQUIRED HIS REPORTING TO THE COMMANDING OFFICER, U.S.S. R-14, FOR DUTY, AND HIS FURTHER REPORTING TO THE COMMANDER, SUBMARINE BASE, FOR ADDITIONAL DUTY IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK. COMMANDING OFFICER, U.S.S. R-14, EIGHTH ENDORSEMENT OF SEPTEMBER 9, 1933, INDICATES THAT HE REPORTED TO THIS VESSEL FOR DUTY, AND WAS ON THE SAME DATE ASSIGNED ADDITIONAL DUTY IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK, IN ACCORDANCE WITH HIS ORIGINAL ORDERS. UNDER THE CIRCUMSTANCES THIS BUREAU FEELS THAT THIS OFFICER IS LEGALLY ENTITLED TO EXTRA COMPENSATION FOR DUTY IN SUBMARINES DURING THE PERIOD IN QUESTION, AND RECOMMENDS THAT THIS AMOUNT BE CREDITED.

IN RESPONSE TO REQUEST OF THE DISBURSING OFFICER FOR A CERTIFICATE THAT LIEUTENANT BROCKMAN ,WAS ASSIGNED TO DUTY AND ACTUALLY SERVED ON BOARD A SUBMARINE" DURING THE PERIOD IN QUESTION, THE COMMANDING OFFICER OF THE R- 14, ON OCTOBER 20, 1934, STATED:

2.AS THE RECORDS OF THIS VESSEL FAIL TO SHOW THAT THE SUBJECT OFFICER DID ACTUALLY SERVE ON BOARD, THE COMMANDING OFFICER REGRETS HIS INABILITY TO FURNISH THE CERTIFICATE REQUESTED.

COMMANDER I. G. SOWELL, WHO WAS COMMANDER OF SUBMARINE DIVISION 4 DURING THE PERIOD IN QUESTION, IN COMMUNICATION DATED NOVEMBER 12, 1934, STATED:

1. LIEUTENANT (JUNIOR GRADE) WILLIAM H. BROCKMAN, JR., U.S. NAVY, IS SHOWN IN THE 8TH ENDORSEMENT OF REFERENCE (B) TO HAVE REPORTED FOR DUTY ON BOARD THE U.S.S. R-14 ON SEPTEMBER 9, 1933, AND ON THE SAME DATE TO HAVE FURTHER REPORTED TO THE COMMANDER OF THE SUBMARINE BASE, NEW LONDON, FOR ADDITIONAL DUTY AS ASSISTANT OFFICER IN CHARGE OF SUBMARINE TRAINING TANK.

2. THE 3RD ENDORSEMENT OF REFERENCE (D) SHOWS THAT LIEUTENANT BROCKMAN WAS DETACHED FROM THE U.S.S. R-14 ON MAY 21, 1934.

3. DURING THIS PERIOD OF TIME LIEUTENANT BROCKMAN PERFORMED THE DUTIES INTENDED FOR HIM TO PERFORM BY THE CHIEF OF THE BUREAU OF NAVIGATION AND IN ACCORDANCE WITH THE CHIEF OF THE BUREAU OF NAVIGATION ORDERS. THIS DUTY WAS IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK. THE PERSONNEL SO TRAINED WAS THE PERSONNEL ATTACHED TO AND SERVING ON BOARD THE U.S.S. R-14 AND THE OTHER SUBMARINES OF SUBMARINE DIVISION FOUR. MY OPINION, ALTHOUGH LIEUTENANT BROCKMAN WAS NOT ACTUALLY IN PHYSICAL CONTACT WITH THE U.S.S. R-14, HE WAS, NEVERTHELESS, PERFORMING THE DUTIES IN CONNECTION WITH THE TRAINING OF THAT VESSEL'S PERSONNEL AS INTENDED BY THE CHIEF OF THE BUREAU OF NAVIGATION AND WAS THEREFORE "SERVING ON BOARD" THE U.S.S. R-14.

4. THE COMMANDING OFFICER OF THE U.S.S. R-14, WAS, IN ACCORDANCE WITH ORDERS, LIEUTENANT BROCKMAN'S COMMANDING OFFICER; AND FOR PURPOSES OF DISCIPLINE, LIEUTENANT BROCKMAN WAS RESPONSIBLE TO THAT COMMANDING OFFICER. FREQUENTLY IN THE NAVAL SERVICE OFFICERS PERFORM ADDITIONAL DUTY THAT DOES NOT DIRECTLY CONCERN THE SHIP TO WHICH THEY ARE ATTACHED, OR THEIR COMMANDING OFFICER. IT DOES NOT FOLLOW, HOWEVER, THAT THIS ADDITIONAL DUTY IS NOT WITHIN THE MEANING "SERVING ON RD.' THERE ARE NO SUBMARINE OFFICERS WHO ACTUALLY REMAIN AT ALL TIMES ON BOARD THE VESSEL TO WHICH THEY ARE ATTACHED IN PERFORMING ALL THEIR SUBMARINE DUTIES AND, THEREFORE, IT CANNOT BE CONSTRUED, THAT SIMPLY BECAUSE THEY ARE NOT ACTUALLY ON BOARD THEY ARE NOT "SERVING ON BOARD.'

5. IN REFERENCE (G) THE COMMANDING OFFICER OF THE U.S.S. R-14 STATES: "AS THE RECORDS OF THIS VESSEL FAIL TO SHOW THAT THE SUBJECT OFFICER DID ACTUALLY SERVE ON BOARD, THE COMMANDING OFFICER REGRETS HIS INABILITY TO FURNISH THE CERTIFICATE REQUESTED.' THE MEANING OF THE COMMANDING OFFICER OF THE U.S.S. R-14 IN THIS STATEMENT MERELY INDICATES HIS MISUNDERSTANDING OF THE WORDS ,SERVING ON BOARD.'

6. THE INTENTION OF THE CHIEF OF THE BUREAU OF NAVIGATION IN REGARD TO THE DUTY TO BE PERFORMED BY LIEUTENANT BROCKMAN WHILE ATTACHED TO THE U.S.S. R-14 IS CLEARLY INDICATED IN PARAGRAPH FOUR OF REFERENCE (B). PARAGRAPH 3 OF THE SAME REFERENCE LIEUTENANT BROCKMAN WAS DIRECTED BY THE CHIEF OF THE BUREAU OF NAVIGATION TO REPORT TO SUBMARINE DIVISION FOUR FOR DUTY ON BOARD A SUBMARINE OF THAT DIVISION. THE COMMANDER, SUBMARINE DIVISION 4, WHEN LIEUTENANT BROCKMAN REPORTED FOR DUTY, DIRECTED HIM TO FURTHER REPORT TO THE COMMANDING OFFICER, U.S.S. R-14 FOR DUTY ON BOARD THAT SUBMARINE. THE 8TH INDORSEMENT OF THIS SAME REFERENCE SHOWS THAT HE DID SO REPORT AND THE INDORSEMENT IS SIGNED BY THE THEN COMMANDING OFFICER.

9. LIEUTENANT BROCKMAN BETWEEN THE DATES IN QUESTION PERFORMED SUBMARINE DUTY IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK AND WAS ATTACHED TO THE U.S.S. R-14. OFFICIAL COMMUNICATIONS TO THIS OFFICER AND FROM THIS OFFICER WERE FORWARDED VIA THE COMMANDING OFFICER OF THE U.S.S. R-14 IN ACCORDANCE WITH NAVY REGULATIONS. THIS OFFICER THEN WAS "SERVING ON BOARD.'

THE ACT OF APRIL 9, 1928, 45 STAT. 412, 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; * * *

TO ENTITLE AN OFFICER OF THE NAVY TO THE 25 PERCENTUM INCREASE THUS PROVIDED, HE MUST NOT ONLY BE ASSIGNED BY COMPETENT ORDERS TO DUTY ON BOARD A SUBMARINE OF THE NAVY, BUT IT MUST AFFIRMATIVELY APPEAR THAT DURING THE PERIOD FOR WHICH THE INCREASE IS CLAIMED THE OFFICER ACTUALLY SERVED ON BOARD A SUBMARINE UNDER HIS ORDERS (8 COMP. GEN. 162; DECISION A -24698, SEPTEMBER 28, 1929; AND A-54137, DECEMBER 18, 1934). THE ORDERS OF LIEUTENANT BROCKMAN SHOW THAT HE REPORTED TO THE COMMANDING OFFICER OF THE U.S.S. R-14 ON SEPTEMBER 9, 1933, AND THAT HE WAS FORMALLY DETACHED FROM SAID VESSEL ON MAY 21, 1934, BUT FROM THE FACTS STATED IT APPEARS THAT HE WAS NOT ACTUALLY IN PHYSICAL CONTACT WITH THE U.S.S. R-14, AND, THEREFORE, DID NOT ACTUALLY SERVE ON BOARD THAT VESSEL.

ALTHOUGH THE ADDITIONAL DUTY ACTUALLY PERFORMED BY LIEUTENANT BROCKMAN AS INSTRUCTOR IN CONNECTION WITH LUNG TRAINING AND TRAINING TANK MAY HAVE EXPOSED HIM TO ALL THE HARDSHIPS AND HAZARDS THAT WOULD BE ENCOUNTERED IN THE PERFORMANCE OF LIKE DUTY ON A SUBMERGED SUBMARINE SUCH WAS NOT DUTY ON BOARD A SUBMARINE AND THEREFORE NOT DUTY FOR WHICH THE LAW PROVIDES ADDITIONAL COMPENSATION.