B-120542, NOVEMBER 23, 1954, 34 COMP. GEN. 243

B-120542, NOVEMBER 23, 1954, 34 COMP. GEN. 243

PAY - ADDITIONAL - AVIATION DUTY - FLIGHT DEFICIENCIES SECTION 628 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, WHICH PROVIDES FOR FLIGHT PAY TO OFFICERS ASSIGNED TO DUTY OUTSIDE THE UNITED STATES WITHOUT THE NECESSITY OF MEETING THE MINIMUM REQUIREMENTS OF EXECUTIVE ORDER NO. 10152, COVERS ONLY THE PERIOD BETWEEN THE DATE OF REPORTING FOR DUTY AT THE ASSIGNED STATION WHERE REQUIRED FLIGHTS ARE EXCUSED AND THE DATE OF DETACHMENT THEREFROM AND DOES NOT AFFECT IN ANY OTHER WAY THE OPERATION OF THE EXECUTIVE ORDER, AND, THEREFORE, AN OFFICER UNDER FLYING ORDERS ASSIGNED TO DUTY OUTSIDE THE UNITED STATES WHERE AERIAL FLIGHTS ARE IMPRACTICAL IS NOT ENTITLED UNDER THE SAID SECTION TO FLIGHT PAY WITHOUT PERFORMING FLIGHTS WHILE GOING TO AND FROM THE OVERSEAS STATION. AN OFFICER UNDER FLYING ORDERS WHO IS ASSIGNED TO DUTY OUTSIDE THE UNITED STATES AND IS IN A TRAVEL STATUS FOR PORTIONS OF TWO CALENDAR MONTHS IS ENTITLED TO FLIGHT PAY FOR THE PORTION OF THE TRAVEL WITHIN EACH MONTH PROVIDED HE HAS OTHERWISE QUALIFIED FOR SUCH PAY UNDER EXECUTIVE ORDER NO. 10152 FOR THE RESPECTIVE MONTH. AN OFFICER UNDER FLYING ORDERS WHO HAD FLOWN ONLY TWO HOURS DURING THE MONTH ( OCTOBER) IN WHICH HE DEPARTED FROM THE UNITED STATES FOR ASSIGNMENT TO AN OVERSEAS STATION WHERE IT WAS IMPRACTICABLE TO PARTICIPATE IN REGULAR FLIGHTS, AND WHO DID NOT MAKE UP THE FLIGHT DEFICIENCIES WITHIN THE THREE-MONTH PERIOD PRESCRIBED BY EXECUTIVE ORDER NO. 10152, IS NOT ENTITLED UNDER SAID ORDER TO FLIGHT PAY FOR ANY PART OF THE PERIOD OCTOBER 1 TO DECEMBER 31 BUT IS ENTITLED TO FLIGHT PAY UNDER SECTION 628, DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, FOR PERIOD OF ASSIGNMENT AT THE STATION OUTSIDE THE UNITED STATES. AN OFFICER UNDER FLIGHT ORDERS WHO HAD FLOWN ONLY TWO HOURS DURING THE MONTH ( OCTOBER) PRIOR TO DEPARTING FROM THE UNITED STATES FOR DUTY AT A STATION OUTSIDE THE UNITED STATES WHERE PARTICIPATION IN REGULAR FLIGHTS WAS IMPRACTICAL WOULD BE ENTITLED TO FLIGHT PAY DURING THE PERIOD OF RETURN TRAVEL FROM SUCH STATION TO THE UNITED STATES IF HE OTHERWISE QUALIFIED UNDER EXECUTIVE ORDER NO. 10152 FOR FLIGHT PAY FOR THE CALENDAR MONTH OR MONTHS IN WHICH THE TRAVEL WAS PERFORMED. AN OFFICER UNDER FLYING ORDERS WHO, WHILE ASSIGNED TO A STATION OUTSIDE THE UNITED STATES WHERE IT IS IMPRACTICAL TO PARTICIPATE IN REGULAR FLIGHTS, TRAVELS TO ANOTHER STATION OUTSIDE THE UNITED STATES WHERE IT IS LIKEWISE IMPRACTICAL TO PARTICIPATE IN REGULAR FLIGHTS, IS ENTITLED TO FLIGHT PAY DURING THE PERIOD OF SUCH TRAVEL ONLY IF HE OTHERWISE QUALIFIES UNDER EXECUTIVE ORDER NO. 10152 FOR SUCH PAY FOR THE CALENDAR MONTH OR MONTHS IN WHICH THE TRAVEL WAS PERFORMED. AN OFFICER WHO PERFORMED NO FLIGHTS DURING OCTOBER AND NOVEMBER 1953, AND WHO LEFT THE UNITED STATES ON NOVEMBER 16, 1953 FOR ASSIGNMENT AT STATION OUTSIDE THE UNITED STATES WHERE REGULAR FLIGHTS WERE IMPRACTICAL, ARRIVING THEREAT ON NOVEMBER 28, 1953, MUST MAKE UP FLIGHT TIME (12 HOURS) BY DECEMBER 31, 1953 IN ORDER TO BE ENTITLED TO FLIGHT PAY FOR PERIOD, OCTOBER 1 TO DECEMBER 31, 1953, INSTEAD OF FROM NOVEMBER 28 TO DECEMBER 17 (PERIOD AT OUTSIDE STATION). IF DURING PERIOD DECEMBER 27 TO 31, OFFICER MAKES FLIGHTS AGGREGATING 4 OR MORE BUT LESS THAN 12 HOURS, HE WOULD BE ENTITLED TO FLIGHT PAY FOR NOVEMBER 28 TO 30, UNDER SECTION 628, DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, AND FROM DECEMBER 1 TO 31 UNDER EXECUTIVE ORDER NO. 10152. AN OFFICER UNDER FLYING ORDERS, WHO LEFT THE UNITED STATES ON NOVEMBER 16, 1953, WITHOUT HAVING PERFORMED ANY FLIGHTS DURING OCTOBER AND NOVEMBER 1953 AND WHO ARRIVED AT ASSIGNED STATION OUTSIDE THE UNITED STATES ON NOVEMBER 28, 1953, WHERE REGULAR FLIGHTS WERE IMPRACTICAL, AND WHO DEPARTED FROM SUCH STATION ON DECEMBER 17, 1953, FOR THE UNITED STATES, ARRIVING THEREAT ON MARCH 27, 1954, WOULD BE BARRED BY THE THREE MONTH GRACE PERIOD OF EXECUTIVE ORDER NO. 10152 ( DECEMBER 31) FROM MAKING UP FLIGHT DEFICIENCIES.

ACTING COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF DEFENSE, NOVEMBER 23, 1954:

REFERENCE IS MADE TO LETTER DATED JUNE 22, 1954, FROM THE ACTING ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER), REQUESTING DECISION ON SEVERAL QUESTIONS PRESENTED IN COMMITTEE ACTION NO. 102, MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE. THE QUESTIONS PERTAIN TO THE EXTENT TO WHICH THE PROVISIONS OF EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950--- PRESCRIBING MINIMUM FLIGHT REQUIREMENTS FOR ENTITLEMENT TO HAZARDOUS DUTY PAY--- ARE AFFECTED BY SECTION 628 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT OF 1954, 67 STAT. 354.

SECTION 4 OF EXECUTIVE ORDER NO. 10152 PROVIDES IN PERTINENT PART:

UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBED, MEMBERS WHO ARE REQUIRED BY COMPETENT ORDERS TO PARTICIPATE FREQUENTLY AND REGULARLY IN AERIAL FLIGHTS, OTHER THAN GLIDER FLIGHTS, SHALL BE REQUIRED TO MEET THE FOLLOWING MINIMUM FLIGHT REQUIREMENTS, EXCEPT AS OTHERWISE PROVIDED IN SECTION 10 HEREOF, IN ORDER TO BE ENTITLED TO RECEIVED INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY.

(A) MINIMUM FLIGHT REQUIREMENTS FOR MEMBERS ON ACTIVE DUTY WHO MAY QUALIFY FOR INCENTIVE PAY UNDER THE PROVISIONS OF SECTION 204 OF THE CAREER COMPENSATION ACT OF 1949:

(1) DURING ONE CALENDAR MONTH: 4 HOURS OF AERIAL FLIGHT.

(2) DURING ANY TWO CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBDIVISION (1) ABOVE HAVE NOT BEEN MET: 8 HOURS OF AERIAL FLIGHT.

(3) DURING ANY THREE CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBDIVISION (2) ABOVE HAVE NOT BEEN MET: 12 HOURS OF AERIAL FLIGHT.

(4) FOR FRACTIONS OF A CALENDAR MONTH, THE TIME OF AERIAL FLIGHT REQUIRED SHALL BEAR THE SAME RATIO TO THE TIME REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH. * * *

SECTION 10 OF THE EXECUTIVE ORDER NO. 10152, REFERRED TO IN THE QUOTED SECTION 4, PROVIDES FOR CONTINUING HAZARDOUS DUTY PAY TO MEMBERS OF THE ARMED FORCES INJURED OR OTHERWISE INCAPACITATED AS A RESULT OF THE PERFORMANCE OF SUCH DUTY, A MATTER NOT MATERIAL HERE.

SECTION 628 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, APPROVED AUGUST 1, 1953, 67 STAT. 354, PROVIDES THAT:

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXECUTIVE ORDER, OR REGULATIONS, NO PART OF THE APPROPRIATIONS IN THIS OR ANY OTHER ACT SHALL BE AVAILABLE FOR ANY EXPENSES OF OPERATING AIRCRAFT UNDER THE JURISDICTION OF THE ARMED FORCES FOR THE PURPOSE OF PROFICIENCY FLYING EXCEPT IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARIES OF THE DEPARTMENTS CONCERNED AND APPROVED BY THE SECRETARY OF DEFENSE WHICH SHALL ESTABLISH PROFICIENCY STANDARDS AND MAXIMUM AND MINIMUM FLYING HOURS FOR THIS PURPOSE, BUT NOT TO EXCEED ONE HUNDRED HOURS DURING THE FISCAL YEAR 1954: PROVIDED, THAT, DURING THE FISCAL YEAR 1954, WITHOUT REGARD TO ANY PROVISION OF LAW OR EXECUTIVE ORDER PRESCRIBING MINIMUM FLIGHT REQUIREMENTS, SUCH REGULATIONS MAY PROVIDE FOR THE PAYMENT OF FLIGHT PAY AT THE RATES PRESCRIBED IN SECTION 204 (B) OF THE CAREER COMPENSATION ACT OF 1949 (63 STAT. 802) TO CERTAIN OFFICERS OF THE ARMED FORCES OTHERWISE ENTITLED TO RECEIVE FLIGHT PAY (1) WHO HAVE HELD AERONAUTICAL RATINGS OR DESIGNATIONS FOR NOT LESS THAN TWENTY YEARS, OR (2) WHOSE PARTICULAR ASSIGNMENT OUTSIDE THE UNITED STATES MAKES IT IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS.

AT PAGE 9 OF SENATE REPORT NO. 601, JULY 17, 1953, TO ACCOMPANY H.R. 5969, 83D. CONGRESS (WHICH BECAME THE ACT OF AUGUST 1, 1953), IT WAS STATED IN REGARD TO A PROPOSED CHANGE IN THE LANGUAGE OF SECTION 628 OF THE BILL, THAT:

THE COMMITTEE GAVE CAREFUL ATTENTION TO THE LIMITATION ADOPTED BY THE HOUSE WITH RESPECT TO PROFICIENCY FLIGHTS AND IS CONCERNED OVER THE APPARENT NUMBER OF ABUSES IN THE PRESENT SYSTEM. HOWEVER, IT FEELS THAT THE REMEDY PROPOSED BY THE HOUSE IS TOO DRASTIC. ACCORDINGLY, IT HAS RECOMMENDED A SUBSTITUTE PROVISION AND EXPECTS THAT BY FIXING THE RESPONSIBILITY FOR REGULATING THIS ACTIVITY IN THE SECRETARY OF EACH SERVICE DEPARTMENT, WITH THE ADDED REQUIREMENT OF APPROVAL BY THE SECRETARY OF DEFENSE, MANY OF THE ABUSES WILL BE CORRECTED. THE COMMITTEE STRONGLY FEELS THAT EMPHASIS SHOULD BE PLACED ON COMBINING DUTY FLIGHTS WITH PROFICIENCY FLIGHTS AND EXPECTS THAT SUBSTANTIAL ECONOMICS WILL BE REALIZED.

IT IS RELATED IN THE DEPARTMENT OF DEFENSE COMMITTEE ACTION NO. 102 THAT:

PURSUANT TO THE FOREGOING (SECTION 628), PAR 2C, AIR FORCE REGULATION 60- 3, DATED 29 DECEMBER 1953, WHICH WAS APPROVED BY THE SECRETARY OF DEFENSE ON 12 NOVEMBER 1953, PROVIDES IN PERTINENT PART AS FOLLOWS:

"RATED PERSONNEL WHOSE PARTICULAR ASSIGNMENT OUTSIDE THE UNITED STATES MAKES IT IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS WILL NOT BE REQUIRED TO COMPLY WITH THE MINIMUM REQUIREMENTS OF EXECUTIVE ORDER 10152, 17 AUGUST 1950 (1AF BUL 30, 1950), OR AFR 60 2. AUTHORITY IS DELEGATED TO COMMANDERS OF MAJOR AIR COMMANDS TO DETERMINE GEOGRAPHICAL AREAS AND PERSONNEL SUBJECT TO THIS PROVISION. PAYMENT OF FLIGHT PAY WILL BE MADE AS PRESCRIBED IN AFM 172-20.'

ALFINAF 144/53, DATED 24 SEPTEMBER 1953, DISSEMINATED NECESSARY CHANGES TO AFM 173-20 PENDING ITS AMENDMENT AND PROVIDED, INTER ALIA, THAT " MEMBERS OTHERWISE ENTITLED TO RECEIVE FLIGHT PAY WHOSE PARTICULAR ASSIGNMENTS OUTSIDE THE UNITED STATES MAKES IT IMPRACTICABLE TO PARTICIPATE IN REGULAR AERIAL FLIGHTS FOR ANY MONTH ARE ENTITLED TO RECEIVE INCENTIVE PAY FOR SUCH MONTH OR PORTION THEREOF DURING THE 1954 FY WITHOUT REGARD TO PERFORMANCE OF MINIMUM FLIGHT REQUIREMENTS. * * * DETERMINATION OF IMPRACTICABILITY TO PARTICIPATE IN REGULAR AERIAL FLIGHT FOR ANY MONTH WILL BE MADE BY COMMANDERS OF MAJOR AIR COMMANDS. * * *"

THE QUESTIONS PRESENTED IN COMMITTEE ACTION NO. 102 WILL BE CONSIDERED IN ORDER.

EXAMPLE 1

AN OTHERWISE QUALIFIED OFFICER LAST MET FLIGHT REQUIREMENTS FOR A FULL CALENDAR MONTH IN SEPTEMBER 1953. ON THE 15TH OF OCTOBER, 1953, HE LEFT THE UNITED STATES AND ARRIVED 4 NOVEMBER 1953 AT HIS STATION ASSIGNMENT OUTSIDE THE UNITED STATES WHERE IT WAS IMPRACTICABLE TO PARTICIPATE IN REGULAR AERIAL FLIGHTS. HE PERFORMED NO FLIGHTS BETWEEN 15 OCTOBER 1953 AND 31 DECEMBER 1953. BEFORE DEPARTURE FROM THE UNITED STATES HE HAD FLOWN TWO HOURS DURING THE MONTH OF OCTOBER.

A. MAY FLIGHT PAY BE PROPERLY PAID TO THE OFFICER FOR THE PERIOD OF TRAVEL FROM THE UNITED STATES TO THE STATION OUTSIDE THE UNITED STATES (15 OCTOBER 1953 TO 4 NOVEMBER 1953) WHERE IT IS IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS?

B. MAY FLIGHT PAY BE PROPERLY PAID TO THE OFFICER FOR THE PERIOD OF RETURN TRAVEL FROM THE STATION OUTSIDE THE UNITED STATES WHERE IT IS IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS TO THE UNITED STATES?

C. MAY FLIGHT PAY BE PROPERLY PAID TO THE OFFICER DURING THE PERIOD OF TRAVEL FROM THE STATION OUTSIDE THE UNITED STATES WHERE IT IS IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS TO ANOTHER STATION OUTSIDE THE UNITED STATES WHERE IT IS ALSO IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS?

THIS OFFICE IS NOT AWARE OF ANY PROVISION OF LAW OR REGULATIONS AUTHORIZING FLIGHT PAY FOR A PERIOD OF TRAVEL BETWEEN STATIONS UNLESS FLIGHT REQUIREMENTS FOR THE PERIOD OF TRAVEL ARE MET, EITHER IN ADVANCE, DURING A PRIOR PORTION OF A CALENDAR MONTH IN WHICH THE TRAVEL OCCURS, OR SUBSEQUENT TO SUCH TRAVEL, WITHIN THE TIME LIMITATIONS PRESCRIBED IN EXECUTIVE ORDER NO. 10152. COMPARE 25 COMP. GEN. 483, ANSWER TO CASE THREE. SECTION 628 OF THE ACT OF AUGUST 1, 1953, QUOTED ABOVE, DOES NOT INVOLVE PERIODS OF TRAVEL AND THERE APPEARS TO BE NO GOOD BASIS FOR CONCLUDING THAT AN OFFICER SHOULD RECEIVE FLIGHT PAY, WITHOUT PERFORMING FLIGHTS, FOR A PERIOD OF TRAVEL TO AND FROM A PARTICULAR STATION MERELY BECAUSE THE LAW PERMITS HIM, WHILE AT THAT STATION, TO RECEIVE SUCH PAY WITHOUT PERFORMING FLIGHTS. THAT IS, AN OFFICER'S ASSIGNMENT, INSOFAR AS THE STATUTE HERE UNDER CONSIDERATION IS CONCERNED, COVERS ONLY THE PERIOD FROM THE DATE OF REPORTING FOR DUTY AT THE ASSIGNED STATION WHERE FLIGHT PARTICIPATION IS EXCUSED TO THE DATE OF DETACHMENT FROM THE STATION, BOTH DATES INCLUSIVE.

WHILE SECTION 628 PROVIDES THAT UNDER CERTAIN CONDITIONS FLIGHT PAY MAY ACCRUE WITHOUT MEETING THE FLIGHT REQUIREMENTS PRESCRIBED IN EXECUTIVE ORDER NO. 10152, IT DOES NOT PURPORT TO AFFECT IN ANY OTHER WAY THE OPERATION OF THE EXECUTIVE ORDER. THUS, ALTHOUGH A PORTION OF A PARTICULAR PERIOD MAY BE COVERED BY SECTION 628, THE WHOLE PERIOD IS FOR CONSIDERATION INSOFAR AS MEETING THE FLIGHT REQUIREMENTS OF THE EXECUTIVE ORDER IS CONCERNED. HENCE, IN A SITUATION SUCH AS PRESENTED IN EXAMPLE 1, AN INDIVIDUAL'S RIGHT TO FLIGHT PAY FOR A PORTION OF A PERIOD WHICH IS NOT COVERED BY SECTION 628 MUST BE DETERMINED ON THE BASIS OF WHETHER HE MET FLIGHT REQUIREMENTS FOR THE ENTIRE PERIOD, INCLUDING THE PART COVERED BY THAT SECTION. IF HE DID MEET SUCH REQUIREMENTS, HE IS, OF COURSE, ENTITLED TO FLIGHT PAY FOR THE WHOLE PERIOD. IF HE DID NOT MEET THE REQUIREMENTS FOR THE ENTIRE PERIOD, HE IS ENTITLED TO FLIGHT PAY FOR ONLY THAT PORTION OF THE PERIOD WHICH IS COVERED BY SECTION 628. COMPARE, GENERALLY, 23 COMP. GEN. 948, TO THE EFFECT THAT A PERIOD OF TIME DURING WHICH FLIGHT PAY ACCRUES WITHOUT THE NECESSITY OF FLIGHT PARTICIPATION IS, NEVERTHELESS, INCLUDED IN THE GRACE PERIOD DURING WHICH FLIGHT DEFICIENCIES MAY BE MADE UP.

UNDER EXECUTIVE ORDER NO. 10152 FLIGHT REQUIREMENTS MAY BE MET DURING PERIODS OF NOT MORE THAN THREE CONSECUTIVE CALENDAR MONTHS. SUCH A PERIOD BEGINS WITH THE FIRST COMPLETE CALENDAR MONTH IN WHICH FLIGHT REQUIREMENTS FOR A FULL MONTH ARE NOT MET (COMPARE 23 COMP. GEN. 948, CITING 4 COMP. GEN. 975), OR WITH THE FRACTION OF A CALENDAR MONTH, OCCURRING AT THE BEGINNING OF A STATUS IN WHICH FLYING DUTY IS REQUIRED, IN WHICH PROPORTIONAL REQUIREMENTS ARE NOT MET (COMPARE 25 COMP. GEN. 534). WHEN THE THREE-MONTH GRACE PERIOD ESTABLISHED IN ACCORDANCE WITH THESE RULES HAS EXPIRED WITHOUT THE FLIGHT REQUIREMENTS BEING MET FOR SUCH PERIOD, A NEW THREE-MONTH PERIOD DOES NOT BEGIN. INSTEAD, WHILE THE GRACE PERIOD HAS EXPIRED, THE PERIOD OF FLIGHT DEFICIENCIES MERELY HAS BEEN EXTENDED BEYOND THREE MONTHS AND FLIGHT PAY DOES NOT ACCRUE UNTIL FLIGHT REQUIREMENTS FOR A FULL CALENDAR MONTH ARE MET. SUCH FLIGHTS MADE AFTER THE GRACE PERIOD OF THREE MONTHS DO NOT MAKE UP DEFICIENCIES FOR ANY MONTH PRIOR TO THE MONTH IN WHICH THE FLIGHTS ARE PERFORMED. COMPARE 9 COMP. GEN. 487.

IN EXAMPLE 1 THE OFFICER MET FLIGHT REQUIREMENTS FOR SEPTEMBER 1953 AND IS ENTITLED TO FLIGHT PAY FOR THAT MONTH. DURING THE MONTH OF OCTOBER 1953 HE DID NOT MEET FLIGHT REQUIREMENTS FOR A FULL MONTH. HENCE, A PERIOD OF NOT TO EXCEED THREE MONTHS DURING WHICH FLIGHT DEFICIENCIES MIGHT BE MADE UP BEGAN OCTOBER 1, 1953, AND ENDED DECEMBER 31, 1953. DURING THAT PERIOD HE DID NOT MEET FLIGHT REQUIREMENTS FOR THREE MONTHS--- 12 HOURS OF AERIAL FLIGHT. CONSEQUENTLY, HE DID NOT QUALIFY FOR FLIGHT PAY UNDER EXECUTIVE ORDER NO. 10152 AND IS ENTITLED TO SUCH PAY ONLY FOR THE PERIOD COMMENCING NOVEMBER 4, 1953, UNDER THE PROVISIONS OF SECTION 628.

ACCORDINGLY, QUESTION A OF EXAMPLE 1 IS ANSWERED IN THE NEGATIVE.

QUESTIONS B AND C ARE ANSWERED BY SAYING THAT THE EXECUTIVE ORDER NO. 10152 FOR SUCH PAY FOR THE CALENDAR MONTH OR MONTHS IN WHICH THE TRAVEL WAS PERFORMED. IF A PERIOD OF TRAVEL COMPRISES PORTIONS OF TWO CALENDAR MONTHS, THE RIGHT TO FLIGHT PAY FOR THE PORTION OF THE TRAVEL WITHIN EACH MONTH WOULD DEPEND UPON QUALIFICATION UNDER THE EXECUTIVE ORDER FOR FLIGHT PAY FOR THAT MONTH.

EXAMPLE 2

AN OTHERWISE QUALIFIED OFFICER LAST MET FLIGHT REQUIREMENTS FOR A FULL CALENDAR MONTH IN SEPTEMBER 1953. IN THE MONTHS OF OCTOBER AND NOVEMBER 1953 HE PERFORMED NO AERIAL FLIGHTS. ON 16 NOVEMBER 1953 HE DEPARTED THE UNITED STATES FOR ASSIGNMENT TO A STATION OUTSIDE THE UNITED STATES WHERE IT WAS IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS. HE ARRIVED AT SUCH STATION OF ASSIGNMENT ON 28NOVEMBER 1953. ON 17 DECEMBER 1953 HE DEPARTED SAID STATION OUTSIDE THE UNITED STATES AND ARRIVED IN THE UNITED STATES ON 27 DECEMBER 1953. NO FLIGHTS WERE FLOWN PRIOR TO RETURN TO THE UNITED STATES IN THE MONTH OF DECEMBER 1953.

A. DURING WHAT PERIOD, IF ANY, AFTER ARRIVAL IN THE UNITED STATES, MUST THE OFFICER PERFORM THE REQUISITE NUMBER OF HOURS AND MINUTES OF FLYING TO BE ENTITLED TO FLIGHT PAY FOR THE PERIOD 1 OCTOBER TO 15 NOVEMBER OR 27 NOVEMBER, DEPENDING UPON THE ANSWER TO EXAMPLE A AND FOR THE PERIOD 18 DECEMBER OR 28 DECEMBER, DEPENDING UPON THE ANSWER TO EXAMPLE B, TO 31 DECEMBER 1953?

B. WOULD YOUR ANSWER BE THE SAME IF THE DATE OF RETURN TO THE UNITED STATES WAS 27 MARCH 1954 INSTEAD OF 27 DECEMBER 1953?

UNDER EXAMPLE 2 THE THREE-MONTH GRACE PERIOD BEGAN OCTOBER 1, 1953, AND ENDED DECEMBER 31, 1953. ACCORDINGLY, QUESTION A IS ANSWERED BY SAYING THAT THE OFFICER HAD UNTIL DECEMBER 31, 1953, TO MAKE SUFFICIENT FLIGHTS (12 HOURS) TO BE ENTITLED TO FLIGHT PAY FOR THE WHOLE PERIOD OCTOBER 1, 1953, TO DECEMBER 31, 1953, INSTEAD OF FROM NOVEMBER 28, 1953, TO DECEMBER 17, 1953, ONLY. ALSO, IF DURING THE PERIOD DECEMBER 27 TO 31, 1953, HE MADE FLIGHTS AGGREGATING 4 OR MORE HOURS, BUT LESS THAN 12 HOURS, HE WOULD BE ENTITLED TO FLIGHT PAY FOR THE PERIOD NOVEMBER 28 TO 30, 1953 (SECTION 628) AND FOR THE PERIOD DECEMBER 1 TO 31, 1953 (1EXECUTIVE ORDER NO. 10152). ON THAT ASSUMPTION THAT QUESTION B REFERS TO DEPARTURE ON DECEMBER 17, 1953, FROM A STATION WHERE PARTICIPATION IN FLYING DUTY WAS IMPRACTICABLE, WITH ARRIVAL IN THE UNITED STATES ON MARCH 27, 1954, THE THREE-MONTH GRACE PERIOD EXPIRED DECEMBER 31, 1953, AND THERE COULD BE NO MAKING UP OF FLIGHT DEFICIENCIES OCCURRING PRIOR TO THAT DATE.