A-65001, SEPTEMBER 11, 1935, 15 COMP. GEN. 195

A-65001: Sep 11, 1935

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ARE NOT SUBJECT TO INCREASE FOR QUALIFICATION IN THE USE OF ARMS PRESCRIBED FOR USE IN THE AVIATION COURSE FOR WHICH THEY HAVE BEEN ENLISTED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON VOUCHERS TRANSMITTED THEREWITH IN FAVOR JAMES C. HAVE THE STATUS OF ENLISTED MEN OF THE AIR CORPS OF THE ARMY. WHO ARE ENLISTED IN THE ARMY FOR A SPECIFIC AND LIMITED PURPOSE. THAT IS. THE DEFINITELY PRESCRIBED PAY AND ALLOWANCES SO FIXED BY STATUTE ARE NOT SUBJECT TO INCREASE FOR QUALIFICATION IN THE USE OF ARMS PRESCRIBED FOR USE IN THE AVIATION COURSE THEY HAVE BEEN ENLISTED IN THE ARMY TO PURSUE. YOU ARE ADVISED THAT PAYMENT OF ADDITIONAL QUALIFICATION PAY IS NOT AUTHORIZED ON THE VOUCHERS WHICH WILL BE RETAINED IN THIS OFFICE.

A-65001, SEPTEMBER 11, 1935, 15 COMP. GEN. 195

PAY, ADDITIONAL - FLYING CADETS - QUALIFICATION IN ARMS THE DEFINITELY PRESCRIBED PAY AND ALLOWANCES FIXED BY THE ACT OF JULY 11, 1919, 41 STAT. 109, FOR FLYING CADETS OF THE AIR CORPS OF THE ARMY, ARE NOT SUBJECT TO INCREASE FOR QUALIFICATION IN THE USE OF ARMS PRESCRIBED FOR USE IN THE AVIATION COURSE FOR WHICH THEY HAVE BEEN ENLISTED.

COMPTROLLER GENERAL MCCARL TO MAJOR W. M. DIXON, UNITED STATES ARMY, SEPTEMBER 11, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 8, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON VOUCHERS TRANSMITTED THEREWITH IN FAVOR JAMES C. MCGEHEE, 6382591, AND DAVID B. KUHN, 6823697, FLYING CADETS, AIR CORPS, UNITED STATES ARMY, EACH IN THE AMOUNT OF $15.64, COVERING ADDITIONAL PAY FOR QUALIFICATION AS EXPERT AERIAL GUNNER FOR THE PERIOD MARCH 27, 1935, TO JUNE 30, 1935.

IT HAS BEEN HELD THAT FLYING CADETS ENLISTED UNDER THE PROVISIONS OF THE ACT OF JULY 11, 1919, 41 STAT. 109, HAVE THE STATUS OF ENLISTED MEN OF THE AIR CORPS OF THE ARMY, 10 COMP. GEN. 264. THAT ACT, HOWEVER, ESTABLISHED THE GRADE OF FLYING CADET, AS A SEPARATE GRADE, FOR A PARTICULAR PURPOSE, AS AVIATION STUDENTS, AND PROVIDED, THAT "THE BASE PAY OF A FLYING CADET SHALL BE $75 PER MONTH, INCLUDING EXTRA PAY FOR FLYING RISK AS PROVIDED BY LAW. THE RATION ALLOWANCE OF A FLYING CADET SHALL NOT EXCEED $1 PER DAY AND HIS OTHER ALLOWANCES SHALL BE THOSE OF A PRIVATE, FIRST CLASS, AIR SERVICE.' THE PAY AND ALLOWANCES SO FIXED CONSTITUTE THE ENTIRE PAY AND ALLOWANCES OF AVIATION CADETS, WHO ARE ENLISTED IN THE ARMY FOR A SPECIFIC AND LIMITED PURPOSE, THAT IS, AS AVIATION STUDENTS AND NOT FOR GENERAL AND UNLIMITED DUTY AS ENLISTED MEN. THE DEFINITELY PRESCRIBED PAY AND ALLOWANCES SO FIXED BY STATUTE ARE NOT SUBJECT TO INCREASE FOR QUALIFICATION IN THE USE OF ARMS PRESCRIBED FOR USE IN THE AVIATION COURSE THEY HAVE BEEN ENLISTED IN THE ARMY TO PURSUE, AND FOR WHICH A DEFINITE AND COMPLETE PAY HAS BEEN FIXED IN THE STATUTE.

ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF ADDITIONAL QUALIFICATION PAY IS NOT AUTHORIZED ON THE VOUCHERS WHICH WILL BE RETAINED IN THIS OFFICE.