B-118473, JUN. 15, 1955

B-118473, JUN. 15, 1955

TO MR. ARNOLD B. BRYANT:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 11, 1954, CONCERNING THE ACTION TAKEN IN DECISION DATED SEPTEMBER 21, 1954, WHICH SUSTAINED THAT PART OF SETTLEMENT DATED MAY 5, 1953, WHICH DISALLOWED YOUR CLAIM FOR FLYING PAY FOR OCTOBER 1950, INCIDENT TO YOUR SERVICE AS STAFF SERGEANT, UNITED STATES AIR FORCE RESERVE.

IT WAS POINTED OUT IN THE DECISION OF SEPTEMBER 21, 1954, THAT SECTION 204 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, AND SECTION 4 OF EXECUTIVE ORDER NO. 10152, AUTHORIZE FLYING PAY ONLY ON THE BASIS OF COMPETENT ORDERS TO PARTICIPATE FREQUENTLY AND REGULARLY IN AERIAL FLIGHTS. IT WAS FURTHER STATED THAT PARAGRAPHS 11105 AND 11122, AIR FORCE MANUAL 173-20, CONTEMPLATE THAT A MEMBER WHO IS CONTINUOUSLY ON FLYING STATUS AND WHO IS TRANSFERRED FROM ONE DEPARTMENT, SERVICE, OR COMMAND, TO ANOTHER WOULD BE ENTITLED TO INCENTIVE PAY FOR DUTY INVOLVING AERIAL FLIGHTS ONLY UPON THE ISSUANCE OF COMPETENT ORDERS TO PERFORM SUCH DUTY AT THE NEW STATION. PARAGRAPH 14, AIR FORCE REGULATION 173-128 DATED FEBRUARY 8, 1951, EFFECTIVE SEPTEMBER 1, 1950, CONTAINS SUBSTANTIALLY THE SAME LANGUAGE. IT WAS CONCLUDED, ON THE BASIS OF THE RECORD BEFORE US AT THAT TIME, THAT YOU WERE RELIEVED FROM ACTIVE DUTY WITH THE 2347TH AFRTC AND ASSIGNED TO THE 452ND BOMB WING, GEORGE AIR FORCE BASE AND, HENCE, FOLLOWING THAT ASSIGNMENT PAYMENT FOR AERIAL FLIGHTS PERFORMED BY YOU ON AND AFTER AUGUST 10, 1950, COULD NOT BE MADE IN THE ABSENCE OF NEW COMPETENT ORDERS TO PERFORM SUCH DUTY.

PRIOR TO THAT DECISION AND IN VIEW OF THE DOUBT IN THE MATTER, WE ATTEMPTED TO OBTAIN FROM THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, A STATEMENT AS TO THE ORGANIZATION TO WHICH YOU WERE ATTACHED WHEN THE FLYING TIME WAS PERFORMED IN OCTOBER 1950. THE REPORT FURNISHED BY THAT OFFICE WAS NOT RESPONSIVE. YOU NOW STATE THAT THE 452ND BOMB WING WAS A RESERVE UNIT STATIONED AT THE 2347TH AFRTC, LONG BEACH, CALIFORNIA, WHICH WAS ALSO TRANSFERRED TO GEORGE AIR FORCE BASE.

PARAGRAPH 8, SPECIAL ORDERS NO. 72, DATED APRIL 1, 1950, HEADQUARTERS, 2347TH AF RESERVE TRAINING CENTER, LONG BEACH, CALIFORNIA, RECITED THAT YOUR ASSIGNMENT TO PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS WAS MADE UNDER THE PROVISIONS OF AIR FORCE REGULATION 35-16 EFFECTIVE APRIL 1, 1950. PARAGRAPH 7 OF THAT REGULATION PERMITS FLYING STATUS ORDERS TO REMAIN IN EFFECT UNTIL AUTOMATICALLY TERMINATED BY TERMINATION OF APPOINTMENT, RETIREMENT, OR SEPARATION FROM THE AIR FORCE. UNDER THAT REGULATION, FLYING ORDERS WOULD NOT APPEAR TO BE AFFECTED BY A TRANSFER SUCH AS THE ONE HERE INVOLVED, NOTWITHSTANDING THE PROVISIONS OF AIR FORCE MANUAL 173-20 AND AIR FORCE REGULATION 173-128 CITED ABOVE. HENCE, SINCE IT NOW APPEARS THAT YOUR TRANSFER FROM THE 2347TH AFRTC TO THE 452ND BOMB WING, GEORGE AIR FORCE BASE, DID NOT ACTUALLY REQUIRE THE ISSUANCE OF NEW FLYING ORDERS, IT IS CONCLUDED THAT YOUR FLYING STATUS ORDERS OF APRIL 1, 1950, REMAINED IN EFFECT. ACCORDINGLY, A SETTLEMENT IN YOUR FAVOR FOR FLYING PAY FOR OCTOBER 1950 WILL ISSUE IN DUE COURSE.