A-97563, SEPTEMBER 21, 1938, 18 COMP. GEN. 248

A-97563: Sep 21, 1938

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

1938: THERE IS FOR CONSIDERATION THE CLAIM OF VINCENT A. THE FINANCE OFFICER CARRYING THIS SOLDIER'S PAY ACCOUNT STATED THAT NO PAYMENT OF FLYING PAY WAS MADE TO PRIVATE. COST LOW FOR THE REASON THE ORDERS WERE CONSTRUED AS PLACING THE SOLDIER ON DUTY FOR THE ENTIRE MONTH OF FEBRUARY. THE FLIGHTS WERE NOT SUFFICIENT TO QUALIFY FOR SUCH PERIOD. WERE WITHOUT EFFECT IN MODIFYING THE PERIOD OF ASSIGNMENT MADE BY THE ORIGINAL ORDERS. THE SPECIFIC PERIOD OF ASSIGNMENT OF SOME OF THE PERSONNEL FOR FEBRUARY 1938 WAS INDICATED AS "1-30. " WHILE OTHERS WERE ASSIGNED FOR VARYING PERIODS FROM "1-7" TO "1-28. THE ORDERS IN THIS INSTANCE WILL BE ACCEPTED AS ASSIGNING COST LOW TO FLYING DUTY FOR 28/30 OF A MONTH ONLY.

A-97563, SEPTEMBER 21, 1938, 18 COMP. GEN. 248

PAY - AVIATION DUTY - FLIGHT PERFORMANCE REQUIREMENTS FOR FLIGHT DETAILS OF 28 DAYS IN FEBRUARY AN ASSIGNMENT TO FLYING DUTY FOR A PERIOD OF 28 DAYS IN FEBRUARY NOT INVOLVING A LEAP YEAR, MUST BE CONSTRUED AS BEING FOR A CALENDAR MONTH AND FLIGHT PERFORMANCE REQUIRED ON THE BASIS OF A FULL MONTH, AND NOT 28/30 OF A MONTH ONLY, FOR FLYING PAY CREDIT PURPOSES.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, SEPTEMBER 21, 1938:

THERE IS FOR CONSIDERATION THE CLAIM OF VINCENT A. COST LOW, PRIVATE, FIRST-CLASS, BASE HEADQUARTERS AND FOURTH AIR BASE SQUADRON, GHQ AIR FORCE, MARCH FIELD, CALIFORNIA, FOR ADDITIONAL PAY FOR FLYING FOR 28 DAYS, UNDER SPECIAL ORDERS NO. 17/3, AIR BASE HEADQUARTERS, MARCH FIELD, CALIF., DATED FEBRUARY 1, 1938, WHICH DETAILED HIM TO DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS DURING FEBRUARY 1938, FOR INCLUSIVE DATES "1 TO 28," AND SPECIAL ORDERS NO. 38/5, SAME HEADQUARTERS DATED MARCH 8, 1938, AMENDING SPECIAL ORDERS NO. 17 FROM 1-28" TO "28 DAYS ONLY.'

THE FLIGHT CERTIFICATE AND SCHEDULE ISSUED IN CLAIMANT'S CASE SHOWS THAT CLAIMANT PERFORMED THREE FLIGHTS, INVOLVING A PERIOD IN THE AIR OF 3 HOURS AND 50 MINUTES. THE FINANCE OFFICER CARRYING THIS SOLDIER'S PAY ACCOUNT STATED THAT NO PAYMENT OF FLYING PAY WAS MADE TO PRIVATE, FIRST-CLASS, COST LOW FOR THE REASON THE ORDERS WERE CONSTRUED AS PLACING THE SOLDIER ON DUTY FOR THE ENTIRE MONTH OF FEBRUARY, AND THE FLIGHTS WERE NOT SUFFICIENT TO QUALIFY FOR SUCH PERIOD.

THE ORDERS OF MARCH 8, 1938, WERE WITHOUT EFFECT IN MODIFYING THE PERIOD OF ASSIGNMENT MADE BY THE ORIGINAL ORDERS, HOWEVER, IT WOULD APPEAR THAT IN PARAGRAPH 2 OF SPECIAL ORDERS NO. 17, THE SPECIFIC PERIOD OF ASSIGNMENT OF SOME OF THE PERSONNEL FOR FEBRUARY 1938 WAS INDICATED AS "1-30," WHILE OTHERS WERE ASSIGNED FOR VARYING PERIODS FROM "1-7" TO "1-28," THE APPARENT INTENTION BEING TO DETAIL THOSE INDICATED FOR THE PERIOD "1-30" FOR THE CALENDAR MONTH OF FEBRUARY, AND THOSE INDICATED FOR THE PERIOD OF 28 DAYS OR LESS, FOR A FRACTIONAL PART OF SUCH MONTH ONLY. WHILE AN ASSIGNMENT TO FLYING DUTY FROM FEBRUARY 1 TO 28, IN A YEAR NOT INVOLVING LEAP YEAR, MUST NECESSARILY BE CONSIDERED AS AN ASSIGNMENT FOR A CALENDAR MONTH, THE ORDERS IN THIS INSTANCE WILL BE ACCEPTED AS ASSIGNING COST LOW TO FLYING DUTY FOR 28/30 OF A MONTH ONLY, AND THE FLIGHT REQUIREMENTS HAVING BEEN MET FOR SUCH FRACTIONAL PART OF A CALENDAR MONTH, SETTLEMENT WILL ISSUE IN HIS FAVOR FOR 28 DAYS' FLYING PAY.

THE ORDERS IN THIS CASE WERE IMPROPERLY ISSUED. CLEARLY IN A 28-DAY MONTH THERE CANNOT BE AN ASSIGNMENT FROM THE 1ST TO THE 30TH, AND AN ASSIGNMENT FOR A PERIOD OF 28 DAYS IN FEBRUARY, NOT INVOLVING LEAP YEAR, IN THE SETTLEMENT OF CLAIMS AND ACCOUNTS WILL HEREAFTER BE CONSTRUED AS BEING FOR A CALENDAR MONTH.