A-66815, NOVEMBER 11, 1935, 15 COMP. GEN. 393

A-66815: Nov 11, 1935

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IS APPLICABLE TO AN OFFICER OF THE AIR CORPS WHOSE RATING AS AIRPLANE PILOT WAS TERMINATED BECAUSE OF UNFITNESS FOR PILOTING DUTIES. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPTAIN PARK HOLLAND. COVERING DIFFERENCE BETWEEN ADDITIONAL PAY FOR FLYING STATED TO HAVE BEEN RECEIVED AT THE RATE OF $120 PER MONTH. IT IS STATED THIS OFFICER WAS PROMOTED AUGUST 1. ARE AS FOLLOWS: EACH OF THE FOLLOWING-NAMED OFFICERS HAVING COMPLETED THE REQUIRED TESTS IN BOMBARDMENT IS. AN AIRCRAFT PILOT WHO IS UNFIT FOR PILOTING DUTIES BUT IS FIT AND DESIRED FOR OTHER FLYING DUTY. IS DETAILED TO DUTY INVOLVING FLYING. PROVIDES: THERE IS HEREBY CREATED AN AIR CORPS. * * * PROVIDED.

A-66815, NOVEMBER 11, 1935, 15 COMP. GEN. 393

PAY - AVIATION - NONFLYING ARMY OFFICERS THE PROVISION IN THE ACT OF APRIL 9, 1935, 49 STAT. 124, MAKING APPROPRIATION FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT, LIMITING INCREASED PAY FOR MAKING AERIAL FLIGHTS BY NONFLYING OFFICERS, IS APPLICABLE TO AN OFFICER OF THE AIR CORPS WHOSE RATING AS AIRPLANE PILOT WAS TERMINATED BECAUSE OF UNFITNESS FOR PILOTING DUTIES.

COMPTROLLER GENERAL MCCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, NOVEMBER 11, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 12, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPTAIN PARK HOLLAND, AIR CORPS, UNITED STATES ARMY, IN THE AMOUNT OF $36.25, COVERING DIFFERENCE BETWEEN ADDITIONAL PAY FOR FLYING STATED TO HAVE BEEN RECEIVED AT THE RATE OF $120 PER MONTH, AND 50 PERCENT OF HIS BASE PAY AND LONGEVITY, $156.25 PER MONTH, FROM AUGUST 1 TO 31, 1935.

THE OFFICIAL ARMY REGISTER, 1935, AT PAGE 327, SHOWS THE MILITARY HISTORY OF THIS OFFICER TO BE AS FOLLOWS:

PVT. 1 CL. AV. SEC. SIG. E.R.C. 1 JUNE 18 TO 11 NOV. 18; 2 LT. A.S. U.S.A. 12 NOV. 18; ACCEPTED 12 NOV. 18; VACATED 22 SEPT. 20.--- 2 LT. A.S. 1 JULY 20; ACCEPTED 22 SEPT. 20; 1 LT. 1 JULY 20; (B) (DISCHARGED AS FIRST LIEUTENANT AND APPOINTED SECOND LIEUTENANT DEC. 15, 22; ACTS JUNE 30, 22, AND SEPT. 14, 22.) 2 LT. (DEC. 15, 22); 1 LT. (17 DEC. 24).

IT IS STATED THIS OFFICER WAS PROMOTED AUGUST 1, 1935, TO THE RANK OF CAPTAIN IN THE AIR CORPS, AND MARGINAL NOTE OPPOSITE HIS MILITARY HISTORY SHOWS HIM "RATED: AIR PLT. AIR OBS.' PERSONNEL ORDERS NO. 261, OFFICE OF THE CHIEF OF AIR CORPS, DATED DECEMBER 10, 1921, PARAGRAPH 2, ARE AS FOLLOWS:

EACH OF THE FOLLOWING-NAMED OFFICERS HAVING COMPLETED THE REQUIRED TESTS IN BOMBARDMENT IS, UNDER THE PROVISIONS OF PARAGRAPH 1584 1/2, ARMY REGULATIONS, RATED AS AIRPLANE PILOT, EFFECTIVE THIS DATE:

1ST LIEUT. PARK HOLLAND, AIR SERVICE.

PARAGRAPH 6, PERSONNEL ORDERS NO. 306, OFFICE OF THE CHIEF OF AIR SERVICE, DATED DECEMBER 31, 1925, DIRECTED AS FOLLOWS:

PURSUANT TO GENERAL ORDERS 30 AND 46, WAR DEPARTMENT, 1922, EACH OF THE FOLLOWING AIR SERVICE OFFICERS, AN AIRCRAFT PILOT WHO IS UNFIT FOR PILOTING DUTIES BUT IS FIT AND DESIRED FOR OTHER FLYING DUTY, IS DETAILED TO DUTY INVOLVING FLYING, OTHER THAN AS A PILOT, EFFECTIVE JANUARY 1, 1926.

THE ACT OF APRIL 9, 1935, MAKING APPROPRIATION FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT, UNDER "PAY, AND SO FORTH, OF THE ARMY," 49 STAT. 124, PROVIDES:

FOR * * * AVIATION INCREASE TO COMMISSIONED AND WARRANT OFFICERS OF THE ARMY, INCLUDING NOT TO EXCEED FIVE MEDICAL OFFICERS, $2,033,029, NONE OF WHICH SHALL BE AVAILABLE FOR INCREASED PAY FOR MAKING AERIAL FLIGHTS BY NONFLYING OFFICERS AT A RATE IN EXCESS OF $1,440 PER ANNUM, WHICH SHALL BE THE LEGAL MAXIMUM RATE AS TO SUCH NONFLYING OFFICERS; * * *.

SECTION 13A OF THE NATIONAL DEFENSE ACT, AS AMENDED JULY 2, 1926, 44 STAT. 780, PROVIDES:

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: * * * PROVIDED FURTHER, THAT * * * THOSE FLYING OFFICERS WHO SHALL HAVE BECOME DISQUALIFIED FOR FLYING SHALL NOT BE INCLUDED AMONG THE 90 PERCENTUM OF 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. * * *

THE PURPOSE OF THE STATUTE IS TO INSURE THAT AT ALL TIMES 90 PERCENTUM IN EACH GRADE BELOW THAT OF BRIGADIER GENERAL OF THE OFFICERS OF THE AIR CORPS, WHO ARE RATED AS PILOTS IN TIME OF PEACE SHALL BE FULLY COMPETENT TO ACT AS COMBAT FLYERS IN EVENT OF AN EMERGENCY--- CONGRESSIONAL RECORD, VOL. 67, PART 9, PAGE 10405. THE MINIMUM TRAINING NECESSARY IN ORDER TO RECEIVE A RATING AS PILOT IN TIME OF PEACE AS THEREIN PRESCRIBED WAS EFFECTIVE AFTER THE DATE OF THE ACT, BUT IN ORDER TO OBVIATE ANY DIFFICULTY THAT MIGHT BE ENCOUNTERED IN LOCATING FLYING RECORDS OF AIR CORPS OFFICERS RATED AS PILOTS ON THE EFFECTIVE DATE OF THE ACT IT WAS PROVIDED THAT THEY SHOULD BE CONSIDERED AS FLYING OFFICERS. THIS PROVISION MERELY SAVED OFFICERS THEN HOLDING ANY RATING AS PILOT FROM THE NECESSITY OF REQUALIFYING ON THE BASIS OF THE STANDARDS PRESCRIBED BY THE ACT. IT GAVE NO PERMANENT RATING OF AVIATION PILOT TO OFFICERS WHO HELD SUCH RATING ON THE EFFECTIVE DATE OF THE ACT, OR WHO HAD HELD SUCH RATING, AS APPEARS TO BE THE CONTENTION OF THE CLAIMANT. AVIATION PILOTS HOLDING THE RATING ON THE EFFECTIVE DATE OF THE ACT, AS WELL AS THOSE WHO HAVE SINCE RECEIVED THE RATING AS PILOT OF SERVICE TYPES OF AIRCRAFT, ARE SUBJECT TO THE CONDITION THAT "THOSE FLYING OFFICERS WHO SHALL HAVE BECOME DISQUALIFIED FOR FLYING SHALL NOT BE INCLUDED AMONG THE 90 PERCENTUM OF FLYING OFFICERS.' THEY AUTOMATICALLY BECAME A PART OF THE 10 PERCENTUM OF NONFLYING OFFICERS PERMITTED IN THE AIR CORPS.

PERSONNEL ORDERS NO. 306 QUOTED, ANNOUNCED THAT CAPTAIN HOLLAND WAS UNFIT FOR PILOTING DUTIES, AND THE ORDER WOULD APPEAR TO HAVE TERMINATED HIS RATING AS PILOT EFFECTIVE JANUARY 1, 1926. WHILE HE ONCE WAS RATED AN AIRPLANE PILOT, THE NECESSARY EFFECT OF THAT ORDER WAS TO TERMINATE HIS RATING AS SUCH, AND IT INCLUDED HIM AMONG THE 10 PERCENTUM OF OFFICERS OF THE AIR CORPS CLASSIFIED BY THE ACT OF 1926 AS NONFLYING OFFICERS. WITHIN THE MEANING OF THE ACT OF APRIL 9, 1935, HE IS A NONFLYING OFFICER AND, IF OTHERWISE QUALIFIED, 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.