A-65971, OCTOBER 30, 1935, 15 COMP. GEN. 357

A-65971: Oct 30, 1935

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IS APPLICABLE TO ALL OFFICERS ASSIGNED TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS. WHO ARE NOT COMMISSIONED IN OR DETAILED WITH THE AIR CORPS OF THE REGULAR ARMY. 1935: THERE WAS RECEIVED OCTOBER 1. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. PROVIDES: * * * OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS. WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN.

A-65971, OCTOBER 30, 1935, 15 COMP. GEN. 357

PAY - AVIATION - NONFLYING ARMY OFFICERS THE PROVISION IN THE ACT OF APRIL 26, 1934, 48 STAT. 618, MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT, LIMITING INCREASED PAY FOR MAKING AERIAL FLIGHTS BY NONFLYING OFFICERS ABOVE THE GRADE OF CAPTAIN, IS APPLICABLE TO ALL OFFICERS ASSIGNED TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS, INCLUDING OFFICERS OF THE MEDICAL CORPS OF THE ARMY, WHO ARE NOT COMMISSIONED IN OR DETAILED WITH THE AIR CORPS OF THE REGULAR ARMY.

COMPTROLLER GENERAL MCCARL TO MAJOR E. T. COMEGYS, UNITED STATES ARMY, OCTOBER 30, 1935:

THERE WAS RECEIVED OCTOBER 1, 1935, YOUR LETTER OF JUNE 3, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. ANDREW W. SMITH, MEDICAL CORPS, UNITED STATES ARMY, FOR DIFFERENCE BETWEEN ADDITIONAL PAY FOR FLYING, RECEIVED AT THE RATE OF $120 PER MONTH, AND 50 PERCENT OF HIS BASE PAY AND LONGEVITY, $156.25 PER MONTH, FROM JULY 1, 1934, TO MAY 31, 1935.

SECTION 2 OF THE ACT OF JULY 2, 1926, 44 STAT. 781, PROVIDES:

* * * OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT; * * *

THE ACT OF APRIL 26, 1934, MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT, 48 STAT. 618, UNDER PAY, ETC., OF THE ARMY, PROVIDES FOR:

* * * AVIATION INCREASE TO COMMISSIONED AND WARRANT OFFICERS OF THE ARMY NOT TO EXCEED $1,579,410, NONE OF WHICH SHALL BE AVAILABLE FOR INCREASED PAY FOR MAKING AERIAL FLIGHTS BY NONFLYING OFFICERS ABOVE THE GRADE OF CAPTAIN AT A RATE IN EXCESS OF $1,440 PER ANNUM, WHICH SHALL BE THE LEGAL MAXIMUM RATE AS TO SUCH NONFLYING OFFICERS ABOVE THE GRADE OF CAPTAIN; * *

PARAGRAPH 2D, ARMY REGULATIONS 35-1480, NOVEMBER 21, 1932, IS AS FOLLOWS:

EACH OFFICER OF THE MEDICAL CORPS WHO IS DULY ASSIGNED TO DUTY WITH ANY AERONAUTIC HEADQUARTERS OR UNIT OR ASSIGNED TO DUTY AT A STATION WHERE THERE IS AN AERONAUTIC UNIT, AND WHO HAS QUALIFIED AS A FLIGHT SURGEON, MAY BE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS BY THE CHIEF OF THE AIR CORPS, AND ANY ORDERS FOR SUCH REQUIREMENT SHALL REMAIN IN FORCE FOR THE ENTIRE PERIOD OF SUCH ASSIGNMENT, EXCEPT AS HEREINAFTER PROVIDED IN J BELOW.

THE DUTIES OF FLIGHT SURGEONS ARE AS SET OUT IN PARAGRAPH 2D, A.R. 40- 10.

PERSONNEL ORDERS NO. 293, WAR DEPARTMENT, OFFICE CHIEF OF AIR CORPS, DATED DECEMBER 15, 1933, ASSIGNED MAJOR SMITH, AS FOLLOWS:

3. EFFECTIVE JANUARY 1, 1934, THE FOLLOWING MEDICAL CORPS OFFICERS, QUALIFIED FLIGHT SURGEONS, ARE DETAILED TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS, PURSUANT TO ARMY REGULATIONS 35- 1480, DURING SUCH PERIOD AS THEY MAY BE ASSIGNED TO DUTY WITH ANY AERONAUTIC HEADQUARTERS OR UNIT OR ASSIGNED TO DUTY AT A STATION WHERE THERE IS AN AERONAUTIC UNIT:

MAJOR ANDREW W. SMITH, MEDICAL CORPS

THIS DETAIL TO DUTY INVOLVING FLYING REQUIRES AERIAL FLIGHTS FOR THE PURPOSE OF STUDY AND OBSERVATION OF THE PHYSICAL AND PSYCHOLOGICAL CONDITIONS OF FLYING PERSONNEL.

IT APPEARS THAT DURING THE PERIOD IN QUESTION THIS OFFICER WAS STATIONED AT BROOKS FIELD, TEX., AN AERONAUTIC HEADQUARTERS, AND THE FLIGHT CERTIFICATE AND SCHEDULE, STANDARD FORM NO. 1051, SHOWS THAT HE PERFORMED THE FLIGHTS NECESSARY TO QUALIFY FOR FLYING PAY. THE QUESTION FOR DETERMINATION IS THE RATE TO WHICH HE IS ENTITLED.

INCREASED PAY FOR MAKING AERIAL FLIGHTS BY NONFLYING OFFICERS ABOVE THE GRADE OF CAPTAIN IS LIMITED BY THE ACT OF APRIL 26, 1934, TO $120 PER MONTH. A NONFLYING OFFICER IN THE AIR CORPS IS CHARACTERIZED IN SECTION 13A OF THE NATIONAL DEFENSE ACT, AS AMENDED JULY 2, 1926, 44 STAT. 780, AS AN OFFICER NOT QUALIFIED FOR FLYING BY HAVING COMPLETED THE AUTHORIZED FLYING TRAINING.

THAT SECTION, AS AMENDED BY SECTION 2 OF THE CITED ACT, ENTITLED "COMPOSITION OF THE AIR RPS," PROVIDED IN PART:

THERE IS HEREBY CREATED AN AIR CORPS. * * * PROVIDED, THAT THE CHIEF OF THE AIR CORPS, AT LEAST TWO BRIGADIER GENERALS, AND AT LEAST 90 PERCENTUM OF THE OFFICERS IN EACH GRADE BELOW THAT OF BRIGADIER GENERAL SHALL BE FLYING OFFICERS: * * * FLYING UNITS SHALL IN ALL CASES BE COMMANDED BY FLYING OFFICERS. WHEREVER USED IN THIS ACT A FLYING OFFICER IN TIME OF PEACE IS DEFINED AS ONE WHO HAS RECEIVED AN AERONAUTICAL RATING AS A PILOT OF SERVICE TYPES OF AIRCRAFT: PROVIDED, THAT ALL OFFICERS OF THE AIR CORPS NOW HOLDING ANY RATING AS A PILOT, SHALL BE CONSIDERED AS FLYING OFFICERS WITHIN THE MEANING OF THIS ACT: PROVIDED FURTHER, THAT HEREAFTER IN ORDER TO RECEIVE A RATING AS A PILOT IN TIME OF PEACE AN OFFICER OR AN ENLISTED MAN MUST FLY IN HEAVIER THAN-AIR CRAFT AT LEAST TWO HUNDRED HOURS WHILE ACTING AS A PILOT, SEVENTY-FIVE OF WHICH MUST BE ALONE, AND MUST SUCCESSFULLY COMPLETE THE COURSE PRESCRIBED BY COMPETENT AUTHORITY: AND PROVIDED FURTHER, THAT IN TIME OF WAR A FLYING OFFICER MAY INCLUDE ANY OFFICER WHO HAS RECEIVED AN AERONAUTICAL RATING AS A PILOT OF SERVICE TYPES OF AIRCRAFT AND ALSO IN TIME OF WAR MAY INCLUDE ANY OFFICER WHO HAS RECEIVED AN AERONAUTICAL RATING AS OBSERVER. * * *

THIS LAW DEFINING FLYING OFFICERS HAS APPLICATION TO THE OFFICERS AUTHORIZED TO BE COMMISSIONED IN, OR DETAILED WITH THE AIR CORPS OF THE REGULAR ARMY. OBVIOUSLY A MEDICAL OFFICER WHO HAD A PILOT'S RATING COULD NOT COMMAND A FLYING UNIT. IT FOLLOWS THAT NONFLYING OFFICERS ABOVE THE GRADE OF CAPTAIN ARE THOSE COMMISSIONED IN OR DIRECTLY DETAILED TO THE AIR CORPS WHO HAVE NOT RECEIVED AN AERONAUTICAL RATING AS A PILOT OF SERVICE TYPES OF AIRCRAFT, AND ALL OFFICERS DETAILED TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS, WHO ARE NOT COMMISSIONED IN OR DETAILED WITH THE AIR CORPS OF THE REGULAR ARMY. SEE IN THIS CONNECTION PAGE 15, HOUSE REPORT NO. 869, SEVENTY-THIRD CONGRESS, SECOND SESSION, AND TABLES ON PAGES 158 AND 159, HEARINGS BEFORE HOUSE COMMITTEE WAR DEPARTMENT APPROPRIATION BILL FOR 1935, REFERRED TO IN THE REPORT SHOWING THE NAMES OF OTHER THAN AIR CORPS OFFICERS DRAWING FLYING PAY, INCLUDING THE NAME OF MAJOR SMITH.

AN OFFICER OF THE MEDICAL CORPS WHO IS ASSIGNED TO DUTY WITH AN AERONAUTICAL HEADQUARTERS OR UNIT, AND WHO HAS QUALIFIED AS A FLIGHT SURGEON, AND IS AUTHORIZED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS IS NOT REQUIRED TO HAVE AN AERONAUTICAL RATING AS A PILOT OF SERVICE TYPES OF AIRCRAFT.

MAJOR SMITH WAS NOT DETAILED FOR DUTY WITH THE AIR CORPS; HE WAS, DURING THE PERIOD COVERED BY HIS CLAIM, A NONFLYING OFFICER WITHIN THE MEANING OF THE CITED PROVISION OF THE ACT OF APRIL 26, 1934, AND IS ENTITLED TO ADDITIONAL PAY FOR FLYING AT A RATE NOT TO EXCEED $1,440 PER ANNUM. YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.