B-132409, SEPTEMBER 10, 1957, 37 COMP. GEN. 183

B-132409: Sep 10, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE PERIOD OF FLIGHT DEFICIENCIES IS MERELY EXTENDED SO THAT A NEW THREE-MONTH PERIOD DOES NOT BEGIN THE NEXT MONTH BUT RATHER BEGINS IN THE FIRST MONTH IN WHICH FLIGHT DEFICIENCIES OCCUR FOLLOWING A MONTH IN WHICH FLIGHT REQUIREMENTS HAVE BEEN MET AFTER THE EXPIRATION OF THE FIRST THREE-MONTH PERIOD. 1957: FURTHER REFERENCE IS MADE TO LETTER DATED JUNE 28. FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING A DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE PAYMENT OF FLYING PAY TO MEMBERS OF THE ARMED FORCES WHERE FLIGHT REQUIREMENTS ARE NOT MET FOR ONE OR MORE MONTHS. THE QUESTIONS AND A DISCUSSION OF THE MATTER ARE SET FORTH IN COMMITTEE ACTION NO. 190 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE.

B-132409, SEPTEMBER 10, 1957, 37 COMP. GEN. 183

MILITARY PERSONNEL - AVIATION DUTY - FLIGHT DEFICIENCIES - THREE/MONTHS' GRACE PERIOD - COMMENCEMENT WHEN THE THREE/MONTHS' GRACE PERIOD ESTABLISHED PURSUANT TO EXECUTIVE ORDER NO. 10152 FOR COMPLIANCE WITH FLIGHT REQUIREMENTS EXPIRES WITHOUT THE MEMBER MEETING THE REQUIREMENTS FOR THE ENTIRE PERIOD BUT PERFORMING ONLY THE REQUIRED FLIGHTS FOR THE LAST MONTH OF THE PERIOD, THE PERIOD OF FLIGHT DEFICIENCIES IS MERELY EXTENDED SO THAT A NEW THREE-MONTH PERIOD DOES NOT BEGIN THE NEXT MONTH BUT RATHER BEGINS IN THE FIRST MONTH IN WHICH FLIGHT DEFICIENCIES OCCUR FOLLOWING A MONTH IN WHICH FLIGHT REQUIREMENTS HAVE BEEN MET AFTER THE EXPIRATION OF THE FIRST THREE-MONTH PERIOD.

TO THE SECRETARY OF DEFENSE, SEPTEMBER 10, 1957:

FURTHER REFERENCE IS MADE TO LETTER DATED JUNE 28, 1957, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING A DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE PAYMENT OF FLYING PAY TO MEMBERS OF THE ARMED FORCES WHERE FLIGHT REQUIREMENTS ARE NOT MET FOR ONE OR MORE MONTHS. THE QUESTIONS AND A DISCUSSION OF THE MATTER ARE SET FORTH IN COMMITTEE ACTION NO. 190 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

SECTION 204 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 809, 37 U.S.C. 235, AUTHORIZES, SUBJECT TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT, THE PAYMENT OF INCENTIVE PAY FOR THE PERFORMANCE OF CERTAIN SPECIFIED HAZARDOUS DUTIES, INCLUDING DUTY INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHTS. REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY OF SECTIONS 204 AND 501 (D) OF THE ABOVE CITED 1949 ACT, 37 U.S.C. 301, ARE CONTAINED IN EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950. SECTION 4 OF THE EXECUTIVE ORDER (15 F.R. 5489) PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(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.

(B) MINIMUM FLIGHT REQUIREMENTS FOR MEMBERS OF RESERVE COMPONENTS OF THE UNIFORMED SERVICES ON INACTIVE-DUTY TRAINING WHO MAY QUALIFY FOR INCENTIVE PAY UNDER THE PROVISIONS OF SECTION 501 (D) OF THE CAREER COMPENSATION ACT OF 1949:

(1) DURING ONE CALENDAR MONTH: 2 HOURS OF AERIAL FLIGHT.

(2) DURING ANY TWO CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBDIVISION (1) ABOVE HAVE NOT BEEN MET: 4 HOURS OF AERIAL FLIGHT.

(3) DURING ANY THREE CONSECUTIVE CALENDAR MONTHS WHEN THE REQUIREMENTS OF SUBDIVISION (2) ABOVE HAVE NOT BEEN MET: 6 HOURS OF AERIAL FLIGHT.

THE FOLLOWING QUESTIONS ARE PRESENTED IN MILITARY PAY AND ALLOWANCE COMMITTEE ACTION NO. 190:

1. ONCE ONE THREE MONTHS' PERIOD ALLOWED FOR COMPLYING WITH FLIGHT REQUIREMENTS HAS ENDED AND FLIGHT REQUIREMENTS FOR THE ENTIRE PERIOD HAVE NOT BEEN MET BUT THE MEMBER HAS PERFORMED THE REQUIRED FLIGHTS TO BE ENTITLED TO AVIATION PAY FOR THE LAST MONTH OF THE THREE MONTHS' PERIOD, MAY A SECOND THREE MONTHS' PERIOD COMMENCE ON THE FIRST DAY OF THE MONTH SUBSEQUENT TO THE LAST MONTH OF THE PREVIOUS THREE MONTHS' PERIOD?

2. IF THE ANSWER TO THE FIRST QUESTION IS NEGATIVE, MAY A SECOND THREE MONTHS' PERIOD COMMENCE THE MONTH FOLLOWING THE THREE MONTHS' PERIOD WHEN FLIGHT REQUIREMENTS HAVE BEEN MET FOR THE ENTIRE PERIOD?

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 AT THE BEGINNING OF THE NEXT MONTH. 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. SEE, GENERALLY, DECISION OF NOVEMBER 23, 1954, B-120542, 34 COMP. GEN. 243, 246. IN SUCH A CASE A SECOND OR NEW THREE-MONTH PERIOD BEGINS THE FIRST DAY OF THE MONTH FOLLOWING A MONTH IN WHICH FLIGHT REQUIREMENTS HAVE BEEN MET AFTER THE EXPIRATION OF THE FIRST THREE-MONTH PERIOD. ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE NEGATIVE AND QUESTION 2 IN THE AFFIRMATIVE.

APPLYING THE ABOVE RULES TO THE FOLLOWING EXAMPLES ENUMERATED AND DISCUSSED IN COMMITTEE ACTION NO. 190:

EXAMPLE 1

JAN. FEB. MAR. APR. MAY JUNE JULY

4 10 4 10 10 12 4

IN THE ABOVE EXAMPLE A THREE MONTHS' PERIOD COMMENCES IN FEBRUARY AND ENDS IN APRIL. SINCE FLIGHT REQUIREMENTS WERE NOT MET FOR THE ENTIRE PERIOD ( FEBRUARY THROUGH APRIL--- 12 HOURS OF AERIAL FLIGHT) A NEW THREE MONTHS' PERIOD DOES NOT COMMENCE IN APRIL BECAUSE APRIL IS THE LAST MONTH OF THE FIRST THREE MONTHS' PERIOD AND, THEREFORE, THE MEMBER IS ENTITLED TO INCENTIVE PAY FOR THE MONTHS OF JANUARY, MARCH, JUNE, AND JULY, BUT NOT FOR THE MONTHS OF FEBRUARY, APRIL, AND MAY.

EXAMPLE 2

JAN. FEB. MAR. APR. MAY JUNE JULY

4 10 10 4 10 10 12

IN THE ABOVE EXAMPLE A THREE MONTHS' PERIOD COMMENCES IN FEBRUARY AND ENDS IN APRIL. A NEW THREE MONTHS' PERIOD DOES NOT COMMENCE IN MAY SINCE FLIGHT REQUIREMENTS WERE NOT MET FOR THE PREVIOUS ENTIRE PERIOD, FEBRUARY THROUGH APRIL. HENCE, THE MEMBER IS ENTITLED TO FLIGHT PAY ONLY FOR THE MONTHS OF JANUARY, APRIL, AND JULY, THE MONTHS HE ACTUALLY QUALIFIED FOR SUCH PAY.

EXAMPLE 3

JAN. FEB. MAR. APR. MAY JUNE JULY AUG.

4 10 10 4 10 10 12 10

IN THE ABOVE EXAMPLE A NEW THREE MONTHS' PERIOD CANNOT COMMENCE IN MAY BECAUSE DURING THE PRECEDING THREE MONTHS' PERIOD ( FEBRUARY THROUGH APRIL) FLIGHT REQUIREMENTS WERE NOT MET FOR THE ENTIRE PERIOD. CONSEQUENTLY, THE MEMBER IS ENTITLED TO INCENTIVE PAY ONLY FOR THE MONTHS OF JANUARY, APRIL, AND JULY.

EXAMPLE 4

JAN. FEB. MAR. APR. MAY JUNE JULY AUG.

4 10 10 12 10 10 12 10

THE THREE MONTHS' PERIOD STARTS IN FEBRUARY AND ENDS IN APRIL. SINCE THE MEMBER HAS MET THE REQUIREMENTS FOR THE ENTIRE PERIOD ( FEBRUARY THROUGH APRIL--- 12 HOURS OF AERIAL FLIGHT), HE IS ENTITLED TO INCENTIVE PAY FOR THE MONTHS OF JANUARY, FEBRUARY, MARCH, AND APRIL. ALSO, SINCE HE MET THE FLIGHT REQUIREMENTS FOR THE ENTIRE PERIOD ENDING WITH THE MONTH OF APRIL, A NEW THREE MONTHS' PERIOD COMMENCED WITH THE MONTH OF MAY. HENCE, SINCE THE MEMBER MET THE FLIGHT REQUIREMENTS FOR THE ENTIRE PERIOD, MAY THROUGH JULY, HE IS ENTITLED ALSO TO INCENTIVE PAY FOR THE MONTHS OF MAY, JUNE, AND JULY. IN CONNECTION WITH THE LAST EXAMPLE, PARAGRAPH 1044086-2E (3) (A), NAVY COMPTROLLER MANUAL, CITED IN COMMITTEE ACTION NO. 190, DOES NOT APPEAR TO CONFORM WITH THE RULES SET FORTH ABOVE FOR CASES IN WHICH THE FLIGHT REQUIREMENTS FOR THE FIRST THREE MONTHS' PERIOD ARE MET IN THE THIRD MONTH. THE EXAMPLES PRESENTED IN THE COMMITTEE ACTION ARE ANSWERED ACCORDINGLY.