A-63506, JULY 19, 1935, 15 COMP. GEN. 47

A-63506: Jul 19, 1935

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WHO ARE TRANSFERRED TO THE U.S.S. WILL CONTINUE WHILE ON SUCH TEMPORARY DUTY TO BE ENTITLED TO THE SAME ADDITIONAL PAY FOR DIVING TO WHICH ENTITLED UNDER ASSIGNMENT WITH THE EXPERIMENTAL DIVING UNIT. THE TRANSFER ORDER OF THE MEN CONCERNED IS AS FOLLOWS: FROM: THE CHIEF OF THE BUREAU OF NAVIGATION. FALCON AND RETURN IS AUTHORIZED. YOU STATE "THE PAY ACCOUNTS OF THESE MEN WILL NOT BE TRANSFERRED FROM THIS ACTIVITY WHILE THE MEN ARE AWAY ON TEMPORARY DUTY.'. FALCON WERE ON DUTY WITH THE EXPERIMENTAL DIVING UNIT AT THE NAVY YARD. THE PURPOSE OF THIS TRANSFER IS EXPLAINED BY THE SECRETARY OF THE NAVY IN HIS INDORSEMENT AS FOLLOWS: 2. IT IS THE PRACTICE TO THOROUGHLY INVESTIGATE AND DEFINITELY DETERMINE THE PRACTICABILITY AND FEASIBILITY OF ANY IMPROVED METHOD OF DIVING.

A-63506, JULY 19, 1935, 15 COMP. GEN. 47

PAY - DIVING - NAVY ENLISTED MEN THE TEMPORARY ASSIGNMENT OF ENLISTED MEN OF THE NAVY ATTACHED TO THE EXPERIMENTAL DIVING UNIT, NAVY YARD, WASHINGTON, D.C., TO A NAVY VESSEL FOR THE PURPOSE OF CONTINUING THE SAME DUTIES IN MAKING FURTHER TESTS OF DIVING METHODS AND DIVING GEAR IN THE OPEN SEA DOES NOT AFFECT THE MEN'S RIGHT TO INCREASED COMPENSATION FOR DIVING DUTY BY REASON OF THEIR ORIGINAL ASSIGNMENT TO THE EXPERIMENTAL DIVING UNIT AS PROVIDED BY PARAGRAPH D-5321 (3) (D), BUREAU OF NAVIGATION MANUAL, AS MODIFIED MAY 16, 1935.

COMPTROLLER GENERAL MCCARL TO LIEUT. COMDR. T. M. SCHNOTALA, UNITED STATES NAVY, JULY 19, 1935:

BY DIRECTION OF THE SECRETARY OF THE NAVY IN FOURTH INDORSEMENT JULY 1, 1925, THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER MEN ATTACHED TO THE EXPERIMENTAL DIVING UNIT, NAVY YARD, WASHINGTON, WHO ARE TRANSFERRED TO THE U.S.S. FALCON FOR TEMPORARY DUTY, WILL CONTINUE WHILE ON SUCH TEMPORARY DUTY TO BE ENTITLED TO THE SAME ADDITIONAL PAY FOR DIVING TO WHICH ENTITLED UNDER ASSIGNMENT WITH THE EXPERIMENTAL DIVING UNIT, NAVY YARD, WASHINGTON, D.C.

THE TRANSFER ORDER OF THE MEN CONCERNED IS AS FOLLOWS: FROM: THE CHIEF OF THE BUREAU OF NAVIGATION. TO: COMMANDING OFFICER, RECEIVING STATION, NAVY YARD, WASHINGTON, D.C. SUBJECT: TRANSPORTATION FOR DIVERS CONDUCTING CONFIRMATORY DEEP-SEA

DIVING TESTS.

1. PLEASE TRANSFER THE FOLLOWING-NAMED MEN TO REPORT ON 1 JULY 1935, TO THE U.S.S. FALCON AT NEW LONDON, CONN., FOR TEMPORARY DUTY IN CONNECTION WITH DEEP-SEA DIVING TESTS:

MCDONALD, JAMES H. CMSMTH 371-43-42

BUGNER, GEORGE CMM 113-94-43

GALLONS, JAMES E. BM1C 233-58-48

MCNULTY, PATRICK C. GM1C 133-79-21

ZAMPIGLIONE, LOUIS GM1C 213-25-36

LARSON, ARNOLD L. GM1C 380-59-72

SQUIRE, WALTER H. TM1C 380-37-77

CRANDALL, ORSON L. BM1C 385-23-69

JONES, LESLIE BM2C 291-25-90

MIHALOWSKI, JOHN TM2C 201-33-85

2. UPON COMPLETION OF THIS TEMPORARY DUTY ON OR ABOUT 31 JULY 1935, THESE MEN TO RETURN TO THEIR PRESENT STATION AND DUTIES.

3. COMMERCIAL TRANSPORTATION OR TRAVEL VIA PRIVATELY OWNED MOTOR VEHICLE FROM WASHINGTON, .C., TO THE U.S.S. FALCON AND RETURN IS AUTHORIZED.

YOU STATE "THE PAY ACCOUNTS OF THESE MEN WILL NOT BE TRANSFERRED FROM THIS ACTIVITY WHILE THE MEN ARE AWAY ON TEMPORARY DUTY.' IT APPEARS THAT THESE MEN BEFORE TRANSFER TO THE U.S.S. FALCON WERE ON DUTY WITH THE EXPERIMENTAL DIVING UNIT AT THE NAVY YARD, WASHINGTON, D.C., AND ENTITLED TO DIVING PAY AT $30 PER MONTH UNDER PROVISIONS OF PARAGRAPH D-5321 (3) (D), BUREAU OF NAVIGATION MANUAL, AS MODIFIED MAY 16, 1935, PROVIDING:

(D) THE FOLLOWING MEN SHALL, IN ADDITION TO THE EXTRA COMPENSATION AUTHORIZED BY (A), (B), AND (C) OF THIS PARAGRAPH, AND PARAGRAPH (4) OF THIS ARTICLE, RECEIVE SUCH ADDITIONAL COMPENSATION AS SHALL BRING THE TOTAL EXTRA COMPENSATION TO $30.00 PER MONTH:

1. DIVERS, ANY CLASS, ASSIGNED TO DUTY WITH THE EXPERIMENTAL DIVING UNIT, NAVY YARD, WASHINGTON, D.C.

2. DIVERS, ANY CLASS, OR QUALIFIED SUBMARINE MEN, ASSIGNED TO DUTY IN CONNECTION WITH THE SUBMARINE ESCAPE TRAINING TANKS AT THE SUBMARINE BASES, NEW LONDON, CONN., AND PEARL HARBOR, T.H., NOT TO EXCEED FIVE MEN AT EACH OF THE ABOVE TRAINING TANKS.

THE PURPOSE OF THIS TRANSFER IS EXPLAINED BY THE SECRETARY OF THE NAVY IN HIS INDORSEMENT AS FOLLOWS:

2. IT IS THE PRACTICE TO THOROUGHLY INVESTIGATE AND DEFINITELY DETERMINE THE PRACTICABILITY AND FEASIBILITY OF ANY IMPROVED METHOD OF DIVING, DECOMPRESSION OR CONSTRUCTION OF DIVING GEAR, FIRST BY DEVELOPMENT WORK UNDER CONDITIONS SIMULATING AS CLOSELY AS POSSIBLE THOSE OF ACTUAL SERVICE. WHEN PRACTICABILITY AND SAFETY ARE INDICATED BY THE RESULTS OBTAINED UNDER SIMULATED SERVICE CONDITIONS, THE METHOD AND GEAR ARE TESTED IN THE OPEN SEA. IF THE LATTER TESTS INDICATE THAT THE METHODS AND/OR GEAR ARE SATISFACTORY, THE METHOD IS PROMULGATED AS STANDARD PRACTICE OR THE GEAR ADOPTED AS STANDARD GEAR FOR GENERAL SERVICE USE.

3. THE TESTS MENTIONED IN ATTACHED LETTERS ARE TO BE MADE TO DETERMINE THE PRACTICABILITY OF THE ELIMINATION OF WATER STAGE DECOMPRESSION BY BRINGING THE DIVER RAPIDLY TO THE SURFACE AND DECOMPRESSING HIM IN THE DECOMPRESSION CHAMBER. TESTS UNDER SIMULATED SERVICE CONDITIONS HAVE BEEN COMPLETED AT THE EXPERIMENTAL DIVING UNIT AND THE TEST ON THE FALCON IS TO PROVE THE RESULTS OBTAINED BY THE EXPERIMENTAL DIVING UNIT IN THESE PRELIMINARY TESTS. THE TESTS ON THE FALCON ARE TO BE CONDUCTED BY PERSONNEL OF THE EXPERIMENTAL DIVING UNIT. IN THIS CONNECTION THE TRANSFER OF THE MEN MENTIONED TO THE U.S.S. FALCON IS NOT TO A NEW DUTY BUT TO CONTINUE THEIR PRESENT DUTIES TEMPORARILY AT SEA FOR THE DURATION OF THESE TESTS.

4. ALL ORDINARY DIVING WORK INVOLVES CERTAIN RECOGNIZED RISKS. SUCH RISKS, HOWEVER, ARE ACCENTUATED IN THE WORK OF THE EXPERIMENTAL DIVING UNIT BY VIRTUE OF THE FACT THAT PERSONNEL MUST NECESSARILY SUBJECT THEMSELVES TO HITHERTO UNTRIED ABNORMAL CONDITIONS. THE EXTRA COMPENSATION MENTIONED HAS BEEN GRANTED BY THE NAVY DEPARTMENT IN RECOGNITION OF THE EXTRA HAZARDS ENDURED BY PERSONNEL OF THE EXPERIMENTAL DIVING UNIT IN THE EXECUTION OF SUCH EXPERIMENTS. THE EXTENT OF THE RISK INCURRED BY THE PERSONNEL IN CARRYING OUT DIVING EXPERIMENTAL WORK IS DEPENDENT SOMEWHAT ON THE EXTENT TO WHICH THE DIVER CAN BE CONTROLLED AND OBSERVED BY SUPERVISORY AND MEDICAL ATTENDANTS. THIS IS POSSIBLE IN THE PRELIMINARY WORK AT THE EXPERIMENTAL DIVING UNIT BY VIRTUE OF THE FACT THAT THE SIMULATED SERVICE CONDITIONS ARE OBTAINABLE IN SPECIALLY CONSTRUCTED DIVING TANKS WHERE THE PERSONNEL IS UNDER OBSERVATION AT ALL TIMES. IN THE OPEN SEA, HOWEVER, OBSERVATION IS NOT POSSIBLE AND THE DIVER OPERATES ON HIS OWN INITIATIVE TO A MORE OR LESS EXTENT AND THE CONTROL THAT CAN BE MAINTAINED BY HIS SURFACE ATTENDANTS IS PRACTICALLY LIMITED TO THAT WHICH CAN BE GIVEN OVER DIVING TELEPHONES. OBVIOUSLY, THE HAZARDS INVOLVED IN THE PRELIMINARY EXPERIMENTS AT THE EXPERIMENTAL DIVING UNIT INCREASE AT LEAST POTENTIALLY WHEN THE SAME EXPERIMENTS ARE FINALLY CONDUCTED IN THE OPEN SEA.

5. THE ABOVE-CITED CONDITIONS ARE APPLICABLE TO THE QUESTION AT ISSUE. THE WITHDRAWAL OF AN EXTRA COMPENSATION WHICH WAS GRANTED IN RECOGNITION OF ENDURING THE RECOGNIZED HAZARDS AT A STAGE WHERE THE POTENTIAL HAZARDS ARE OBVIOUSLY INCREASED APPEARS TO BE INCONSISTENT.

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

* * * AN ENLISTED MAN OF THE UNITED STATES NAVY ASSIGNED * * * 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: * * *

IT IS NOT UNDERSTOOD THAT THE ASSIGNMENT OF THESE MEN TO THE TEMPORARY DUTY IN QUESTION TERMINATES THEIR ASSIGNMENT TO THE EXPERIMENTAL DIVING UNIT BUT SIMPLY TRANSFERS THEM TEMPORARILY TO THE U.S.S. FALCON FOR THE PURPOSE OF CONTINUING THE SAME DUTIES IN MAKING FURTHER TESTS OF DIVING METHODS AND DIVING GEAR IN THE OPEN SEA WHERE THE HAZARDS INVOLVED ARE POTENTIALLY GREATER THAN AT THE NAVY YARD, WASHINGTON, D.C. SINCE THE RESULT OF THIS TEMPORARY ASSIGNMENT SIMPLY CHANGES THE FIELD OF OPERATION WITHOUT CHANGING THE CHARACTER OF DIVING DUTY TO WHICH THE MEN WERE ORIGINALLY ASSIGNED, THE TEMPORARY ASSIGNMENT OF THESE MEN TO THE U.S.S. FALCON DOES NOT OPERATE TO AFFECT THEIR RIGHT TO INCREASED COMPENSATION FOR DIVING DUTY SO FAR AS OTHERWISE CORRECT. YOUR QUESTION IS ANSWERED ACCORDINGLY.