B-114759, SEPTEMBER 23, 1953, 33 COMP. GEN. 124

B-114759, SEPTEMBER 23, 1953, 33 COMP. GEN. 124

PAY - SEA DUTY - TEMPORARY SHORE DUTY EXCEEDING FIFTEEN DAYS UNDER SECTION 206 OF THE CAREER COMPENSATION ACT OF 1949, AND EXECUTIVE ORDER NO. 10168 ISSUED PURSUANT THERETO, AN ENLISTED MEMBER OF THE UNIFORMED SERVICES ATTACHED TO A VESSEL AND ASSIGNED TO TEMPORARY ADDITIONAL DUTY ASHORE EXCEEDING FIFTEEN CONSECUTIVE DAYS IS NOT ENTITLED TO SEA DUTY PAY FOR ANY PART OF SUCH DUTY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF DEFENSE, SEPTEMBER 23, 1953:

THERE IS BEFORE THIS OFFICE THE MATTER OF PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF SEA-DUTY PAY, NOT IN EXCESS OF 15 DAYS, DURING PERIODS OF TEMPORARY ADDITIONAL DUTY ASHORE, IRRESPECTIVE OF THE FACT THAT SUCH TEMPORARY ADDITIONAL DUTY MAY EXCEED 15 DAYS.

SECTION 206 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 811, PROVIDES THAT:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ENLISTED PERSONS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL, IN ADDITION THERETO, WHILE ON SEA DUTY OR WHILE ON DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, BE ENTITLED TO RECEIVE PAY AT THE FOLLOWING MONTHLY RATES: * * *

EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, WAS ISSUED PURSUANT TO AUTHORITY OF THE ABOVE SECTION AND PROVIDES, IN PERTINENT PART---

SECTION 1. ENLISTED MEMBERS ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE, ADDITIONALLY, SEA-DUTY PAY WHILE ON SEA DUTY AS DEFINED IN SECTION 2 HEREOF, THE PERIOD OF SUCH DUTY TO INCLUDE THE DATE OF REPORTING AND THE DATE OF DETACHMENT AS STATED IN ORDERS.

SECTION 2. FOR ADDITIONAL-PAY PURPOSES, AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 3 HEREOF, SEA DUTY SHALL MEAN DUTY PERFORMED BY ENLISTED MEMBERS:

(A) WHILE PERMANENTLY ASSIGNED TO A VESSEL, OTHER THAN A VESSEL RESTRICTED TO SERVICE IN THE INLAND WATERS OF THE UNITED STATES OR A NON- SELF-PROPELLED VESSEL, PURSUANT TO ORDERS ISSUED BY COMPETENT AUTHORITY, INCLUDING PERIODS NOT IN EXCESS OF FIFTEEN CONSECUTIVE DAYS EACH WHILE ON TEMPORARY ADDITIONAL DUTY ASHORE.

SECTION 8. THE SECRETARIES CONCERNED (WITHIN THE MEANING OF SECTION 102 (F) OF THE SAID CAREER COMPENSATION ACT OF 1949), WITH RESPECT TO PERSONNEL OF THE UNIFORMED SERVICES WITHIN THEIR RESPECTIVE DEPARTMENTS, ARE HEREBY AUTHORIZED TO PRESCRIBE SUCH SUPPLEMENTARY REGULATIONS, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM NECESSARY OR DESIRABLE FOR CARRYING OUT THESE REGULATIONS, AND SUCH SUPPLEMENTARY REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES TO THE FULLEST EXTENT PRACTICABLE.

SUPPLEMENTARY REGULATIONS RELATIVE TO ADDITIONAL PAY FOR SEA DUTY, ISSUED BY THE SECRETARY OF THE NAVY UNDER THE AUTHORITY OF THE ABOVE SECTION 8, ARE CONTAINED IN PARAGRAPH 54060, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. PRIOR TO THE ISSUANCE OF INSTRUCTION MEMORANDUM 23-6, DECEMBER 4, 1952, SUBPARAGRAPH 54060-22A1 OF THE SAID MANUAL READ AS FOLLOWS:

2. SEA DUTY

A. AUTHORIZED PAYMENTS. FOR PURPOSES OF THIS SUBPARAGRAPH, THE DEFINITION OF INLAND WATERS CONTAINED IN COAST GUARD PUBLICATIONS 169, 172, AND 184 WILL GOVERN. SUBJECT TO THE LIMITATIONS OF SUBPAR. B., SPECIAL PAY FOR SEA DUTY SUBSEQUENT TO 1 NOVEMBER 1950 INCLUDES THE FOLLOWING SERVICE:

1. WHILE PERMANENTLY ASSIGNED TO A VESSEL, OTHER THAN A VESSEL RESTRICTED TO SERVICE IN THE INLAND WATERS OF THE UNITED STATES OR A NONSELFPROPELLED VESSEL, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS NOT IN EXCESS OF 15 CONSECUTIVE DAYS EACH WHILE ON TEMPORARY ADDITIONAL DUTY ASHORE;

SEA DUTY IS SIMILARLY DEFINED IN PARAGRAPHS 12A (1) AND 13A, ARMY REGULATIONS NO. 35-1230, MARCH 5, 1951, AND PARAGRAPHS 11220A (1) AND 11221A, AIR FORCE MANUAL NO. 173-20, JULY 1, 1952.

SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 360, AUTHORIZED ADDITIONAL PAY FOR MILITARY AND NAVAL PERSONNEL ON SEA DUTY AS SUCH DUTY MAY BE DEFINED BY THE HEAD OF THE DEPARTMENT CONCERNED. PURSUANT TO SUCH AUTHORITY THE SECRETARY OF THE NAVY, BY ALNAV 131, JUNE 29, 1942, DEFINED SEA DUTY, INSOFAR AS PERTINENT HEREIN, TO BE "DUTY AS REGULAR OR RELIEF CREW OF VESSELS AND WHILE STILL ATTACHED TO A VESSEL OR ASSIGNED DUTY AS REGULAR OR RELIEF CREW FOR NOT EXCEEDING 30 CONSECUTIVE DAYS WHEN ON TEMPORARY ADDITIONAL DUTY ASHORE.' ALSO SEE ARTICLE 2140 (E) (1) (A) (1), BUREAU OF SUPPLIES AND ACCOUNTS MEMORANDA NO. 516, SEPTEMBER 1945.

IT APPEARS TO HAVE BEEN THE POLICY OF THE DEPARTMENT OF THE NAVY, UNDER THE REGULATIONS IN EFFECT PRIOR TO EXECUTIVE ORDER NO. 10168, SUPRA, TO CREDIT MEMBERS WITH SEA-DUTY PAY FOR THE FIRST 30 CONSECUTIVE DAYS OF A PERIOD OF TEMPORARY ADDITIONAL DUTY ASHORE EVEN THOUGH SUCH DUTY ASHORE EXTENDED FOR MORE THAN 30 CONSECUTIVE DAYS, AND IT APPEARS THAT SUCH POLICY HAS BEEN CONTINUED UNDER THE PROVISIONS OF THE SAID EXECUTIVE ORDER AND REGULATIONS ISSUED PURSUANT THERETO, EXCEPT FOR THE LIMITATION OF 15 CONSECUTIVE DAYS INSTEAD OF 30 DAYS (SEE LETTER DATED JUNE 23, 1952 (FILE F342, L16-4/3), FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, WASHINGTON 25, D.C., TO THE CHIEF, FIELD BRANCH, BUREAU OF SUPPLIES AND ACCOUNTS, CLEVELAND 14, OHIO). HOWEVER, SECTION 206 OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, PROVIDES THAT " UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE," ENLISTED PERSONS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO ADDITIONAL PAY WHILE ON SEA DUTY. IT WILL BE NOTED THAT SEA DUTY IS DEFINED IN SECTION 2 OF EXECUTIVE ORDER NO. 10168, SUPRA, AS "INCLUDING PERIODS NOT IN EXCESS OF FIFTEEN CONSECUTIVE DAYS EACH WHILE ON TEMPORARY ADDITIONAL DUTY ASHORE.' ( ITALICS SUPPLIED.) IT SEEMS CLEAR THAT THE SAID EXECUTIVE ORDER LIMITS THE PAYMENT OF SEA-DUTY PAY TO THOSE PERIODS OF TEMPORARY ADDITIONAL DUTY ASHORE WHICH ARE NOT IN EXCESS OF 15 CONSECUTIVE DAYS EACH. IN THAT RESPECT THE CONTROLLING PROVISIONS OF THE CURRENT AUTHORITY FOR SEA-DUTY PAY ARE DIFFERENT FROM THE PRIOR REGULATIONS AND HENCE IT MUST BE CONCLUDED THAT AN ENLISTED MEMBER ATTACHED TO A VESSEL AND ASSIGNED TO TEMPORARY ADDITIONAL DUTY ASHORE IS NOT ENTITLED TO SEA DUTY PAY FOR ANY PART OF SUCH DUTY, IF THE PERIOD OF TEMPORARY ADDITIONAL DUTY ASHORE EXCEEDS 15 CONSECUTIVE DAYS.

ACCORDINGLY, THIS OFFICE WILL TAKE EXCEPTION TO PAYMENTS HEREAFTER MADE ON SEA-DUTY PAY IN ALL CASES WHERE THE TEMPORARY ADDITIONAL DUTY ASHORE IS IN EXCESS OF 15 CONSECUTIVE DAYS, REGARDLESS OF THE FACT THAT THE MEMBER MAY CONTINUE TO BE ATTACHED TO A VESSEL. IN THIS CONNECTION, COMPARE DECISION OF DECEMBER 17, 1952, B-111704, 32 COMP. GEN. 287, TO THE SECRETARY OF DEFENSE.