A-61837, JUNE 10, 1935, 14 COMP. GEN. 883

A-61837: Jun 10, 1935

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PROHIBITS THE PAYMENT OF FLYING PAY TO ANY OFFICER OF THE RESERVE CORPS WHILE ON ACTIVE DUTY FOR TRAINING WHO IS NOT ELIGIBLE FOR AVIATION SERVICE AS AN AVIATION PILOT. DURING WHICH HE WAS ON ACTIVE DUTY UNDER ORDERS. THAT THE DUTIES OF A FLIGHT SURGEON ARE DEFINED IN PARAGRAPH 2-D. DO NOT CONTEMPLATE THAT HE WILL BE A PILOT OR OBSERVER. THAT THUS SEPARATED HE IS NOT SUBJECT TO THE RESTRICTIONS CONTAINED IN THE ACT OF FEBRUARY 23. THAT IT APPEARS AN ATTEMPT IS BEING MADE TO APPLY TO NONOPERATING PERSONNEL RULES OBVIOUSLY ESTABLISHED TO COVER OPERATING PERSONNEL. PRESUMABLY TO COVER WHICH ADDITIONAL PAY IS ALLOWED ANY OFFICER REQUIRED TO PERFORM A APART OF HIS SERVICE IN THE AIR. IT WAS STATED IN DECISION OF JUNE 1.

A-61837, JUNE 10, 1935, 14 COMP. GEN. 883

PAY - AVIATION DUTY - OFFICERS' RESERVE CORPS THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1277, PROHIBITS THE PAYMENT OF FLYING PAY TO ANY OFFICER OF THE RESERVE CORPS WHILE ON ACTIVE DUTY FOR TRAINING WHO IS NOT ELIGIBLE FOR AVIATION SERVICE AS AN AVIATION PILOT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CAPT. C. E. GRAY, UNITED STATES ARMY, JUNE 10, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 25, 1935 (132.6, GRAY, C. E.) REQUESTING FURTHER CONSIDERATION OF THE DISALLOWANCE IN YOUR DISBURSING ACCOUNTS OF THE ITEM OF $38.89, REPRESENTING FLYING PAY PAID BY YOU (VOUCHER 666 OF YOUR JULY 1931 ACCOUNTS) TO FIRST LT. JOHN V. L. CHAPMAN, MEDICAL RESERVE CORPS, FOR THE PERIOD JULY 5 TO 18, 1931, DURING WHICH HE WAS ON ACTIVE DUTY UNDER ORDERS.

YOU STATE THAT THE DECISION REPORTED IN FINANCE BULLETIN 19, 1931, COVERS THE CASE OF AN OBSERVER; THAT THE DUTIES OF A FLIGHT SURGEON ARE DEFINED IN PARAGRAPH 2-D, A.R. 40-10, AND DO NOT CONTEMPLATE THAT HE WILL BE A PILOT OR OBSERVER; THAT HE MUST NECESSARILY BE SEPARATED FROM THE OPERATING PERSONNEL OF AIRCRAFT; THAT THUS SEPARATED HE IS NOT SUBJECT TO THE RESTRICTIONS CONTAINED IN THE ACT OF FEBRUARY 23, 1931 (WAR DEPARTMENT BULLETIN NO. 18, MAR. 10, 1931), FOR THE FISCAL YEAR 1932; THAT IT APPEARS AN ATTEMPT IS BEING MADE TO APPLY TO NONOPERATING PERSONNEL RULES OBVIOUSLY ESTABLISHED TO COVER OPERATING PERSONNEL, IT BEING SUBMITTED THAT THE PROVISIONS OF LAW AS PUBLISHED IN PARAGRAPH 1, A.R. 35-3420, AMPLY COVER THE PAYMENT TO THIS FLIGHT SURGEON OF ADDITIONAL PAY WHILE ASSIGNED TO DUTY REQUIRING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS, IT BEING SHOWN BY THE VOUCHER THAT HE ACTUALLY DID PARTICIPATE IN SUCH FLIGHTS, WITH ALL THE HAZARDS ATTENDING SUCH DUTY, PRESUMABLY TO COVER WHICH ADDITIONAL PAY IS ALLOWED ANY OFFICER REQUIRED TO PERFORM A APART OF HIS SERVICE IN THE AIR.

PARAGRAPH 9, SPECIAL ORDERS 138, HEADQUARTERS SIXTH CORPS AREA, CHICAGO, ILL., DATED JUNE 12, 1931, ORDERED FIRST LT. JOHN VAN LIEW CHAPMAN, MEDICAL RESERVE, FIRST PURSUIT GROUP, TO ACTIVE DUTY EFFECTIVE JULY 5, 1931, AND DIRECTED THAT HE PROCEED TO SCOTT FIELD, BELLEVILLE, ILL., FOR TRAINING, AND THAT HE BE RELIEVED FROM DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME ON JULY 18, 1931, AND REVERT TO AN INACTIVE STATUS.

THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1277, MAKING APPROPRIATIONS FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, PROVIDES ON PAGE 1297, UNDER THE HEADING OF "ORGANIZED RESERVES," AS FOLLOWS:

* * * AND NO PART OF SUCH TOTAL SUM SHALL BE AVAILABLE FOR ANY EXPENSE INCIDENT TO GIVING FLIGHT TRAINING TO ANY OFFICER OF THE OFFICERS' RESERVE CORPS UNLESS HE SHALL BE FOUND PHYSICALLY AND PROFESSIONALLY QUALIFIED TO PERFORM AVIATION SERVICE AS AN AVIATION PILOT, BY SUCH AGENCY AS THE SECRETARY OF WAR MAY DESIGNATE * * *.

ADDITIONAL PAY FOR FLYING TO A RESERVE OFFICER ON ACTIVE DUTY FOR TRAINING AS AN EXPENSE INCIDENT TO FLIGHT TRAINING. IT WAS STATED IN DECISION OF JUNE 1, 1931, A-36568 (118 M.S. COMP. GEN. 63) THAT THE RESTRICTIVE CLAUSE IN THE APPROPRIATION ACT (ACT OF MAY 28, 1930, 46 STAT. 453, CONTAINING PROVISIONS SIMILAR TO THOSE IN THE ACT OF FEB. 23, 1931) IS THAT NO PART OF THE SUM MADE AVAILABLE FOR THE ORGANIZED RESERVES SHALL BE AVAILABLE FOR ANY EXPENSE INCIDENT TO GIVING FLIGHT TRAINING TO ANY OFFICER OF THE OFFICERS' RESERVE CORPS, EXCEPT THOSE FOUND TO BE PHYSICALLY AND PROFESSIONALLY QUALIFIED TO PERFORM "AVIATION SERVICE AS AN AVIATION PILOT.' THE LANGUAGE IS PLAIN AND CLEARLY ELIMINATES FROM FLIGHT TRAINING, ENTITLING TO ADDITIONAL PAY,"ANY" OFFICER WHO WOULD NOT BE ELIGIBLE FOR AVIATION SERVICE AS AN AVIATION PILOT.

THE FACT THAT LIEUTENANT CHAPMAN HAD QUALIFIED AS A FLIGHT SURGEON, HAD BEEN ASSIGNED TO ACTIVE DUTY, AND PARTICIPATED IN REGULAR AND FREQUENT AERIAL FLIGHTS, CANNOT, IN VIEW OF THE RESTRICTIVE PROVISIONS OF THE STATUTE MENTIONED ABOVE, ENTITLE HIM TO FLYING PAY. AS STATED, THE LEGISLATIVE INTENT WAS THAT THE FUNDS APPROPRIATED FOR THE ORGANIZED RESERVES SHOULD NOT BE AVAILABLE IN CASE OF OFFICERS WHO WERE NOT QUALIFIED TO SERVE AS AVIATION PILOTS, AND THIS HAD APPLICATION TO ALL OFFICERS NOT IN THAT CLASS. LIEUTENANT CHAPMAN, NOT COMING WITHIN THE SCOPE OF THE LAW, WAS NOT ENTITLED TO THE FLYING PAY PAID HIM. THE DISALLOWANCE OF THE ITEM IN QUESTION IN YOUR DISBURSING ACCOUNTS WAS CORRECT AND IS SUSTAINED.