B-123829, JUL 21, 1955

B-123829: Jul 21, 1955

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REQUESTS A DECISION WHETHER CREDIT IS LEGALLY AUTHORIZED IN THE ACCOUNT OF SERGEANT JOHN R. SERGEANT KAY WAS DIRECTED TO PROCEED TO PEARL HARBOR AND REPORT UPON ARRIVAL TO THE COMMANDING OFFICER. IT IS STATED THAT DURING THE PERIOD INVOLVED. SERGEANT KAY WAS UNDERGOING INSTRUCTION IN METHODS OF ESCAPE FROM A SUBMERGED SUBMARINE. WAS ISSUED PURSUANT TO SUCH STATUTORY PROVISION AND SECTION 9 (C) PROVIDES THAT: "THE TERM "DUTY AT A SUBMARINE ESCAPE TRAINING TANK. WHEN SUCH DUTY INVOLVES PARTICIPATION IN THE TRAINING" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS WHO ARE REGULARLY ASSIGNED TO DUTY INVOLVING DIVING AT A SUBMARINE ESCAPE TRAINING TANK WHEN SUCH DUTY IS PRIMARILY FOR THE PURPOSE OF TRAINING PERSONNEL IN THE METHODS OF ESCAPE FROM A SUBMERGED SUBMARINE.'.

B-123829, JUL 21, 1955

TO FIRST LIEUTENANT A. M. BROWN, USMC, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

YOUR LETTER OF APRIL 27, 1955, WITH ENCLOSURES, REQUESTS A DECISION WHETHER CREDIT IS LEGALLY AUTHORIZED IN THE ACCOUNT OF SERGEANT JOHN R. KAY, 1126331, USMC, FOR INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY WHILE ASSIGNED TO DUTY UNDER INSTRUCTION AT A SUBMARINE ESCAPE TRAINING TANK DURING THE PERIOD JANUARY 7 TO 31, 1955.

BY ORDERS DATED JANUARY 5, 1955, SERGEANT KAY WAS DIRECTED TO PROCEED TO PEARL HARBOR AND REPORT UPON ARRIVAL TO THE COMMANDING OFFICER, UNITED STATES NAVAL SUBMARINE BASE FOR TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION IN CONNECTION WITH AQUA-LUNG TRAINING. IT IS STATED THAT DURING THE PERIOD INVOLVED, SERGEANT KAY WAS UNDERGOING INSTRUCTION IN METHODS OF ESCAPE FROM A SUBMERGED SUBMARINE.

SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, PROVIDES IN PART THAT:

"SEC. 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:

"/8) DUTY AT A SUBMARINE ESCAPE TRAINING TANK, WHEN SUCH DUTY INVOLVES PARTICIPATION IN THE TRAINING; * * *"

EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950, WAS ISSUED PURSUANT TO SUCH STATUTORY PROVISION AND SECTION 9 (C) PROVIDES THAT:

"THE TERM "DUTY AT A SUBMARINE ESCAPE TRAINING TANK, WHEN SUCH DUTY INVOLVES PARTICIPATION IN THE TRAINING" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS WHO ARE REGULARLY ASSIGNED TO DUTY INVOLVING DIVING AT A SUBMARINE ESCAPE TRAINING TANK WHEN SUCH DUTY IS PRIMARILY FOR THE PURPOSE OF TRAINING PERSONNEL IN THE METHODS OF ESCAPE FROM A SUBMERGED SUBMARINE.'

IN DECISION DATED JANUARY 16, 1952, 31 COMP. GEN. 295, IT WAS CONCLUDED THAT THE LANGUAGE "WHEN SUCH DUTY INVOLVES PARTICIPATION IN TRAINING," AS USED IN ITEM 9 OF SECTION 204 (A) OF THE CAREER COMPENSATION ACT, IN CONNECTION WITH DUTY PERFORMED AT THE NAVY DEEP SEA DIVING SCHOOL AND NAVY EXPERIMENTAL DIVING UNIT, WAS BROAD ENOUGH TO INCLUDE THE DUTY PERFORMED BY BOTH INSTRUCTORS AND TRAINEES. NOTHING APPEARS IN THE LAW OR REGULATIONS WHICH REQUIRES A DIFFERENT CONCLUSION REGARDING STUDENTS UNDERGOING INSTRUCTIONS AT A SUBMARINE ESCAPE TRAINING TANK. ACCORDINGLY, YOU ARE AUTHORIZED TO MAKE PAYMENT TO SERGEANT KAY OF INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY FOR THE PERIOD HE WAS ASSIGNED TO DUTY INVOLVING DIVING AT A SUBMARINE ESCAPE TRAINING TANK.

THE "ORDER TO ADJUST ACCOUNT" AND SUPPORTING PAPERS WHICH ACCOMPANIED YOUR SUBMISSION ARE RETURNED.