B-115592, JANUARY 18, 1954, 33 COMP. GEN. 297

B-115592, JANUARY 18, 1954, 33 COMP. GEN. 297

PAY - ADDITIONAL - INCENTIVE PAY FOR GLIDER FLIGHTS, PARACHUTE JUMPING OR DEMOLITION OF EXPLOSIVES - PERIODS OF AUTHORIZED TRAVEL INCIDENT TO RELEASE FROM ACTIVE DUTY UNDER THE REGULATIONS ISSUED PURSUANT TO THE AUTHORITY IN SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949 AND IN THE ABSENCE OF REVOCATION OR OTHER TERMINATION OF ORDERS ASSIGNING A MEMBER OF THE AIR FORCE RESERVE TO HAZARDOUS DUTY INVOLVING GLIDER FLIGHTS OR PARACHUTE JUMPING PRIOR TO RELEASE FROM LAST DUTY STATION, THE MEMBER IS ENTITLED, IF OTHERWISE MEETING THE REQUIREMENTS PRESCRIBED, TO RECEIVE INCENTIVE PAY FOR GLIDER FLIGHTS OR PARACHUTE JUMPING AS MAY BE APPLICABLE FOR THE PERIOD OF AUTHORIZED TRAVEL TIME TO HIM FROM LAST DUTY STATION. UNDER SECTION 204 (A) (7) OF THE CAREER COMPENSATION ACT OF 1949 AND THE REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY THEREIN, A STATUS WHICH ENTITLES A MEMBER OF THE UNIFORMED SERVICES TO INCENTIVE PAY FOR DEMOLITION DUTY NECESSARILY WOULD TERMINATE NOT LATER THAN THE DATE THE MEMBER DEPARTS FROM LAST DUTY STATION EN ROUTE TO HOME INCIDENT TO RELIEF FROM ACTIVE DUTY, AND THEREFORE PAYMENT OF THE INCENTIVE PAY PRESCRIBED IN SAID SECTION OF THE ACT FOR SUCH DUTY MAY NOT PROPERLY BE MADE TO A MEMBER OF THE AIR FORCE RESERVE FOR THE PERIOD OF AUTHORIZED TRAVEL TIME FROM LAST DUTY STATION TO HOME UPON RELEASE FROM ACTIVE DUTY.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, JANUARY 18, 1954:

REFERENCE IS MADE TO LETTER OF JUNE 1, 1953, WITH ENCLOSURE, FROM THE ASSISTANT SECRETARY OF DEFENSE REQUESTING DECISION AS TO WHETHER INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY INVOLVING GLIDER FLIGHTS, PARACHUTE JUMPING, OR THE DEMOLITION OF EXPLOSIVES IS PAYABLE TO A MEMBER OF THE AIR FORCE RESERVE FOR THE PERIOD OF AUTHORIZED TRAVEL FROM LAST DUTY STATION TO HIS HOME UPON RELIEF FROM ACTIVE DUTY.

IT IS INDICATED THAT CLARIFICATION IS DESIRED OF THE RIGHT OF A MEMBER OF THE AIR FORCE RESERVE TO CONTINUE TO RECEIVE INCENTIVE DUTY PAY FOR GLIDER FLIGHTS, PARACHUTE JUMPING, OR DEMOLITION OF EXPLOSIVES DURING THE PERIOD OF ALLOWABLE TRAVEL TO HIS HOME UPON RELEASE FROM ACTIVE DUTY UNDER ORDERS PROVIDING FOR REVERSION TO AN INACTIVE STATUS UPON ARRIVAL AT HIS HOME, OR UPON RELEASE OF A MEMBER OF THE AIR FORCE RESERVE FROM A PERIOD OF ACTIVE DUTY IN EXCESS OF 30 DAYS' DURATION, PROVIDED THE PREREQUISITES OF ENTITLEMENT TO SAID INCENTIVE PAY ARE OTHERWISE PRESENT, AND THAT THE PERIOD OF REQUIRED TRAVEL DOES NOT EXTEND BEYOND THE END OF THE CALENDAR MONTH FOR WHICH QUALIFIED TO RECEIVE INCENTIVE PAY. IT IS STATED THAT THERE IS NOT INVOLVED A TRANSFER TO A SEPARATION CENTER BUT THAT THE MATTER RELATES SOLELY TO PERSONNEL WHO PROCEED DIRECTLY HOME FROM THEIR LAST PLACE OF DUTY.

SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, 810, 37 U.S.C. 235, PROVIDES IN PERTINENT PART AS FOLLOWS:

SECTION 204. (A) SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL, IN ADDITION THERETO, BE ENTITLED TO RECEIVE INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY REQUIRED BY COMPETENT ORDERS. THE FOLLOWING DUTIES SHALL CONSTITUTE HAZARDOUS DUTIES:

(4) DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN GLIDER FLIGHTS;

(5) DUTY INVOLVING PARACHUTE JUMPING AS AN ESSENTIAL PART OF MILITARY DUTY;

(7) DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES AS A PRIMARY DUTY, INCLUDING TRAINING FOR SUCH DUTY * * * .

EXECUTIVE ORDER NO. 10152, PROMULGATED AUGUST 17, 1950, IN ACCORDANCE WITH THE SAID PROVISIONS OF SECTION 204 (A), PROVIDES IN SECTION 2 THAT UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE ANY MEMBER OF THE UNIFORMED SERVICES, INCLUDING MEMBERS ASSIGNED TO SPECIAL, ADMINISTRATIVE, OR SCHOOL DUTIES, MAY BE REQUIRED BY COMPETENT ORDERS TO PERFORM HAZARDOUS DUTY. SECTION 7 (A) OF THE ORDER PROVIDES THAT MEMBERS WHO ARE QUALIFIED AS GLIDER PERSONNEL UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE, OR WHO ARE UNDERGOING TRAINING FOR SUCH QUALIFICATION, AND WHO ARE REQUIRED BY COMPETENT ORDERS TO PARTICIPATE FREQUENTLY AND REGULARLY IN GLIDER FLIGHTS, SHALL BE REQUIRED TO PERFORM ONE OR MORE GLIDER FLIGHTS, WITHOUT REGARD TO DURATION THEREOF, DURING ANY THREE CONSECUTIVE CALENDAR MONTHS IN ORDER TO BE ENTITLED TO RECEIVE INCENTIVE PAY FOR SUCH PERIOD. SIMILAR PROVISIONS WITH RESPECT TO THE RIGHT TO RECEIVE INCENTIVE PAY FOR DUTY INVOLVING PARACHUTE JUMPING AS AN ESSENTIAL PART OF MILITARY DUTY ARE CONTAINED IN SECTIONS 8 (A) AND 8 (D) OF THE ORDER.

PARAGRAPH 11149A (2), AIR FORCE MANUAL 173-20, PROVIDES THAT (OTHER CONDITIONS BEING MET) A GLIDER FLIGHT PERFORMED IN ANY CALENDAR MONTH QUALIFIES THE PERSON FOR INCENTIVE PAY FOR GLIDER DUTY FOR THAT MONTH AND ONE PRECEDING MONTH AND ONE SUCCEEDING MONTH, OR THE TWO PRECEDING MONTHS, OR THE TWO SUCCEEDING MONTHS. WITH RESPECT TO PARACHUTE DUTY A JUMP PERFORMED FROM AN AIRCRAFT IN AERIAL FLIGHT UNDER THE CONDITIONS PRESCRIBED IN PARAGRAPH 11170, AIR FORCE MANUAL 173-20, ENTITLES THE INDIVIDUAL CONCERNED TO INCENTIVE PAY FOR PARACHUTE JUMPING. UNDER PARAGRAPH 11173A, A PARACHUTE JUMP PERFORMED IN ANY CALENDAR MONTH QUALIFIES THE PARACHUTIST FOR INCENTIVE PAY FOR THAT MONTH AND ONE PRECEDING MONTH AND ONE SUCCEEDING MONTH, OR THE TWO PRECEDING MONTHS, OR THE TWO SUCCEEDING MONTHS. THUS, A GLIDER FLIGHT OR A PARACHUTE JUMP PERFORMED UNDER THE STATED CONDITIONS QUALIFIES THE INDIVIDUAL CONCERNED FOR INCENTIVE PAY FOR A PERIOD OF UP TO THREE CALENDAR MONTHS WITHOUT THE PERFORMANCE OF ANY FURTHER QUALIFYING DUTY. THE PERIOD OF TIME REQUIRED FOR TRAVEL TO HOME FROM THE PLACE OF ACTIVE DUTY IS REGARDED AS A PERIOD OF ACTIVE DUTY. PARAGRAPH 6A, AIR FORCE REGULATION NO. 35-76; SECTION 201 (E), CAREER COMPENSATION ACT OF 1949, 63 STAT. 807; EXECUTIVE ORDER NO. 10153 DATED AUGUST 17, 1950.

ON THE BASIS OF THE FOREGOING AND IN THE ABSENCE OF REVOCATION OR OTHER TERMINATION OF ORDERS ASSIGNING A MEMBER OF THE AIR FORCE RESERVE TO HAZARDOUS DUTY INVOLVING GLIDER FLIGHTS OR PARACHUTE JUMPING PRIOR TO RELEASE FROM LAST DUTY STATION, THE MEMBER IS ENTITLED, IF HE OTHERWISE MEETS THE REQUIREMENTS PRESCRIBED, TO RECEIVE INCENTIVE PAY FOR GLIDER FLIGHTS OR PARACHUTE JUMPING, AS MAY BE APPLICABLE, FOR THE PERIOD OF AUTHORIZED TRAVEL TIME TO HIS HOME FROM LAST DUTY STATION. COMPARE DECISION OF DECEMBER 9, 1947, B-70121.

THE TERM "DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES" CONTAINED IN SECTION 204 (A) (7) OF THE CAREER COMPENSATION ACT OF 1949 IS DEFINED IN SECTION 9 (B), EXECUTIVE ORDER NO. 10152, AS MEANING DUTY PERFORMED BY MEMBERS, INCLUDING MEMBERS IN TRAINING FOR SUCH DUTY WHO PURSUANT TO COMPETENT ORDERS AND AS A PRIMARY DUTY DEMOLISH EXPLOSIVES OR RECOVER AND RENDER HARMLESS EXPLOSIVES WHICH HAVE FAILED TO EXPLODE AS INTENDED. PARAGRAPH 11188, AIR FORCE MANUAL 173-20, PROVIDES THAT A MEMBER IS CONSIDERED ENTITLED TO RECEIVE INCENTIVE PAY FOR DEMOLITION DUTY UNDER THE CONDITIONS THEREIN STATED, AS FOLLOWS:

A. WHEN THAT PERSON IS ASSIGNED TO DEMOLITION DUTY BY COMPETENT ORDERS.

B. WHEN HE PERFORMS DEMOLITION DUTY AS A PRIMARY DUTY, OR

C. CONDUCTS OR ASSISTS IN DEMOLITION OPERATIONS AS A PRIMARY DUTY WITH EXPOSURE TO HAZARD IN SUBSTANTIALLY THE SAME DEGREE AS B ABOVE, OR

D. WHEN HE IS UNDERGOING TRAINING OR IS AN INSTRUCTOR FOR DEMOLITION DUTY AND SUCH TRAINING INVOLVES ACTUAL TRAINING WITH EXPLOSIVE CHARGES.

A STATUS UNDER SUBPARAGRAPHS A AND B, A AND C, OR A AND D, ABOVE, WHICH ENTITLED A MEMBER TO INCENTIVE PAY FOR DEMOLITION DUTY NECESSARILY WOULD TERMINATE NOT LATER THAN THE DATE THE MEMBER DEPARTS FROM HIS LAST DUTY STATION EN ROUTE TO HIS HOME INCIDENT TO RELIEF FROM ACTIVE DUTY, IT BEING EVIDENT THAT DURING SUCH TRAVEL THE MEMBER CONCERNED IS NO LONGER IN THE PERFORMANCE OF A PRIMARY DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES NOR IS HE UNDERGOING TRAINING OR ACTING AS AN INSTRUCTOR.

IT FOLLOWS THAT PAYMENT OF THE INCENTIVE PAY PRESCRIBED IN SECTION 204 (A) (7) OF THE CAREER COMPENSATION ACT OF 1949 FOR HAZARDOUS DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES MAY NOT PROPERLY BE MADE TO A MEMBER OF THE AIR FORCE RESERVE FOR THE PERIOD OF AUTHORIZED TRAVEL TIME FROM HIS LAST DUTY STATION TO HIS HOME UPON RELEASE FROM ACTIVE DUTY.