B-114196, APRIL 8, 1953, 32 COMP. GEN. 442

B-114196: Apr 8, 1953

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A RESERVE OFFICER WHO HAS BEEN ORDERED TO ACTIVE DUTY AND DIRECTED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF AVIATION DUTY IS NOT ENTITLED TO FLIGHT PAY PRIOR TO THE DATE HE FIRST REPORTS AT THE STATION WHERE SUCH DUTY IS TO BE PERFORMED. 1953: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12. REQUESTING A DECISION AS TO WHEN ENTITLEMENT TO INCENTIVE PAY FOR THE PERFORMANCE OF AERIAL FLIGHTS COMMENCES IN THE CASE OF AIR FORCE RESERVE OFFICER WHO IS RECALLED TO EXTENDED ACTIVE DUTY UNDER THE FACTS AND CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION NO. 63. THE QUESTION PRESENTED FOR CONSIDERATION IN SAID COMMITTEE ACTION IS AS FOLLOWS: WHEN A RATED AIR FORCE OFFICER IN A FLYING STATUS IS ORDERED TO EXTENDED ACTIVE DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHT UNDER ORDERS WHICH REQUIRE HIM TO PROCEED FROM HIS HOME.

B-114196, APRIL 8, 1953, 32 COMP. GEN. 442

PAY - ADDITIONAL - AVIATION DUTY - RESERVE OFFICER ORDERED TO FLIGHT DUTY - EFFECTIVE DATE OF ORDERS FOR FLIGHT PAY PURPOSES IN VIEW OF THE FLIGHT PAY RESTRICTIONS IN THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, A RESERVE OFFICER WHO HAS BEEN ORDERED TO ACTIVE DUTY AND DIRECTED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF AVIATION DUTY IS NOT ENTITLED TO FLIGHT PAY PRIOR TO THE DATE HE FIRST REPORTS AT THE STATION WHERE SUCH DUTY IS TO BE PERFORMED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, APRIL 8, 1953:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 12, 1953, REQUESTING A DECISION AS TO WHEN ENTITLEMENT TO INCENTIVE PAY FOR THE PERFORMANCE OF AERIAL FLIGHTS COMMENCES IN THE CASE OF AIR FORCE RESERVE OFFICER WHO IS RECALLED TO EXTENDED ACTIVE DUTY UNDER THE FACTS AND CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION NO. 63, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE, ENCLOSED WITH YOUR LETTER.

THE QUESTION PRESENTED FOR CONSIDERATION IN SAID COMMITTEE ACTION IS AS FOLLOWS:

WHEN A RATED AIR FORCE OFFICER IN A FLYING STATUS IS ORDERED TO EXTENDED ACTIVE DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHT UNDER ORDERS WHICH REQUIRE HIM TO PROCEED FROM HIS HOME, THREE DAYS TRAVEL TIME BEING PROVIDED FOR IN HIS ORDERS, TO A PROCESSING STATION WHERE NO FACILITIES FOR FLYING EXIST AND AT WHICH HE UNDERGOES SEVERAL DAYS OF PROCESSING BEFORE REPORTING TO HIS FIRST STATION OF ASSIGNMENT, DOES HIS ENTITLEMENT TO INCENTIVE PAY FOR AERIAL FLIGHTS, CONDITIONS OTHERWISE BEING MET, COMMENCE UPON THE DATE OF ENTRANCE UPON EXTENDED ACTIVE DUTY, UPON THE DATE OF REPORTING TO THE PROCESSING STATION OR UPON THE DATE OF REPORTING TO HIS FIRST STATION OF ASSIGNMENT?

UNDER THE PROVISIONS OF SECTION 204 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, AND SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY ARE ALSO ENTITLED TO RECEIVE INCENTIVE PAY FOR THE PERFORMANCE OF DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS WHEN REQUIRED BY COMPETENT ORDERS. PARAGRAPH 11 OF AIR FORCE REGULATIONS NO. 173-128, FEBRUARY 8, 1951, PROVIDES:

11. DETERMINATION OF ENTITLEMENT TO INCENTIVE PAY:

A. INCENTIVE PAY DUE FROM DATE OF REPORTING FOR DUTY.--- A FLYING STATUS ORDER, OTHER CONDITIONS BEING MET, IS EFFECTIVE PURSUANT TO ITS TERMS, FOR PURPOSES OF INCENTIVE PAY, ONLY WHEN THE MEMBER NAMED REPORTS FOR, AND ENTERS UPON DUTY THEREUNDER. A MEMBER IN A NONDUTY STATUS, SUCH AS LEAVE, SICK, ETC., WHEN SUCH AN ORDER IS ISSUED, IS NOT, FOR PURPOSES OF PAY, DETAILED TO DUTY INVOLVING AERIAL FLIGHTS UNTIL HE SHALL HAVE REPORTED TO HIS DUTY STATION AND ENTERED ON DUTY UNDER THE ORDER DETAILING HIM TO SUCH DUTY. SEE MS COMP. GEN. A.D. 7543, 11 MAY 1923; 2 ID. 370.

IN DECISION OF DECEMBER 9, 1949, B-70121, IT WAS STATED WITH REFERENCE TO SIMILAR ARMY REGULATIONS THAT:

THE ARMY REGULATIONS QUOTED ABOVE SPECIFICALLY PROVIDE THAT AN OFFICER IS NOT ENTITLED TO AVIATION INCREASE IN PAY FOR FLYING--- NOTWITHSTANDING HIS DETAIL TO DUTY INVOLVING FLYING--- UNTIL HE SHALL HAVE REPORTED TO HIS DUTY STATION AND ENTERED UPON DUTY UNDER THE ORDERS DETAILING HIM TO DUTY INVOLVING FLYING. UNDER THIS PROVISION OF THE REGULATIONS, A MEMBER OF THE OFFICERS' RESERVE CORPS HOLDING AN AERONAUTICAL RATING, WHO IS ISSUED ORDERS TO ACTIVE DUTY WHICH SPECIFICALLY INCLUDE A PROVISION FOR REGULAR AND FREQUENT AERIAL FLIGHTS WOULD NOT BE ENTITLED TO INCREASED PAY FOR FLYING UNTIL HE ACTUALLY REPORTED TO HIS DUTY STATION. * * *

OBVIOUSLY A RESERVE OFFICER WHO HAS BEEN ORDERED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF EXTENDED ACTIVE DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS HAS NOT ENTERED UPON THE PERFORMANCE OF SUCH DUTY WHILE TRAVELING TO SUCH DUTY STATION OR WHILE AT AN INTERMEDIATE PROCESSING STATION WHERE THE PERFORMANCE OF DUTY INVOLVING PARTICIPATION IN AERIAL FLIGHTS IS NOT REQUIRED AND WHERE FACILITIES FOR SUCH DUTY MAY NOT EVEN EXIST. IN THAT CONNECTION IT SHOULD BE NOTED THAT SECTION 631 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, 66 STAT. 537, CONTAINS A RESTRICTION ON THE PAYMENT OF FLYING PAY AS FOLLOWS:

NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR THE PAYMENT OF FLIGHT PAY TO PERSONNEL WHOSE ACTUAL ASSIGNED DUTIES DO NOT INVOLVE OPERATIONAL OR TRAINING FLIGHTS.

AN IDENTICAL RESTRICTION IS CONTAINED IN SECTION 633 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT OF 1952, 65 STAT. 450. IT WOULD APPEAR THAT A RESERVE OFFICER WHO HAS BEEN ORDERED TO EXTENDED ACTIVE DUTY AND DIRECTED TO REPORT AT A DESIGNATED STATION FOR THE PERFORMANCE OF AVIATION DUTY REASONABLY COULD NOT BE CONSIDERED AS HAVING ACTUAL ASSIGNED DUTIES INVOLVING OPERATIONAL OR TRAINING FLIGHTS WITHIN THE MEANING OF THE RESTRICTION PRIOR TO THE DATE HE FIRST REPORTS AT THE STATION WHERE SUCH DUTY IS TO BE PERFORMED.

ACCORDINGLY, ANSWERING THE QUESTION PRESENTED IN THE SAID COMMITTEE ACTION NO. 63, YOU ARE ADVISED THAT UNDER THE FACTS AND CIRCUMSTANCES THEREIN SET FORTH, THE OFFICER WOULD NOT BE ENTITLED TO INCENTIVE PAY FOR THE PERFORMANCE OF AERIAL FLIGHTS PRIOR TO THE DATE THAT HE REPORTS TO THE STATION OF ASSIGNMENT FOR THE PERFORMANCE OF SUCH DUTY.