B-136262, JULY 30, 1958, 38 COMP. GEN. 83

B-136262, JULY 30, 1958, 38 COMP. GEN. 83

MILITARY PERSONNEL - PAY - ADDITIONAL - HAZARDOUS DUTY - INCAPACITY PERIOD - TRANSFER ENTITLEMENT TO CONTINUATION OF MILITARY HAZARDOUS DUTY PAY DURING PERIODS OF INCAPACITY RESULTING FROM PERFORMANCE OF HAZARDOUS DUTY AFTER TRANSFER UNDER PERMANENT CHANGE OF STATION ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT DEPENDS ON WHETHER THE TYPE OF HAZARDOUS DUTY HAS A SPECIFIC ASSIGNMENT OR ATTACHMENT REQUIREMENT PRESCRIBED IN 37 U.S.C. 235, 301 (D), OR THE REGULATIONS PROMULGATED PURSUANT THERTO; HOWEVER, IF THE TYPE OF DUTY DOES NOT HAVE A SPECIFIC ATTACHMENT OR ASSIGNMENT REQUIREMENT, PERMANENT CHANGE OF STATION ORDERS DO NOT AFFECT THE MEMBER'S RIGHT TO CONTINUE TO RECEIVE HAZARDOUS DUTY PAY DURING PERIODS OF INCAPACITY NOT TO EXCEED THREE MONTHS. MEMBERS OF THE UNIFORMED SERVICES WHO ARE INCAPACITATED AS THE RESULT OF THE PERFORMANCE OF HAZARDOUS DUTY AND WHO ARE TRANSFERRED UNDER TEMPORARY ADDITIONAL DUTY ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT MAY CONTINUE TO RECEIVE HAZARDOUS DUTY PAY NOT TO EXCEED THREE MONTHS, AND THE FACT THAT A 15-DAY LIMITATION ON TEMPORARY ADDITIONAL DUTY FOR ABSENCES FROM SUBMARINE DUTY WAS ESTABLISHED IS NOT APPLICABLE IN CONNECTION WITH TEMPORARY ADDITIONAL DUTY TRANSFERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT. THE COMMENCEMENT OF THE THREE-MONTH GRACE PERIOD FOR CONTINUATION OF HAZARDOUS DUTY PAY PRESCRIBED IN SECTION 10 OF EXECUTIVE ORDER NO. 10152 FOR MEMBERS OF THE UNIFORMED SERVICES WHO BECOME INCAPACITATED AS A RESULT OF THE PERFORMANCE OF HAZARDOUS DUTY SHOULD BE UNIFORMLY DETERMINED IN CONNECTION WITH EACH TYPE OF HAZARDOUS DUTY AND BE IN CONFORMANCE WITH THE PRINCIPLES IN 16 COMP. GEN. 134 AND 23 COMP. GEN. 449 IN WHICH IT WAS HELD THAT FOR AN OFFICER ALREADY QUALIFIED FOR AVIATION DUTY FOR THE MONTH IN WHICH HE WAS INJURED THE GRACE PERIOD COMMENCES ON THE FIRST OF THE FOLLOWING MONTH AND WHERE THE OFFICER HAS NOT QUALIFIED FOR AVIATION PAY FOR THE MONTH IN WHICH HE WAS INJURED, THE GRACE PERIOD COMMENCES ON THE FIRST OF THE MONTH IN WHICH THE INJURY WAS INCURRED.

TO THE SECRETARY OF DEFENSE, JULY 30, 1958:

FURTHER REFERENCE IS MADE TO LETTER DATED MAY 21, 1958, WITH ENCLOSURE, FROM THE ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING A DECISION ON CERTAIN QUESTIONS CONCERNING THE ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO CONTINUE TO RECEIVE HAZARDOUS DUTY PAY DURING A PERIOD OF INCAPACITY UNDER THE CIRCUMSTANCES DISCLOSED. THE QUESTIONS AND A DISCUSSION OF THE MATTER ARE SET FORTH IN COMMITTEE ACTION NO. 208 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 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 AS REQUIRED BY COMPETENT ORDERS. REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY OF SECTIONS 204 AND 501 (D) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 301 (D), ARE CONTAINED IN EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950, AS AMENDED BY EXECUTIVE ORDER NO. 10618, JUNE 28, 1955, AND FURTHER AMENDED BY EXECUTIVE ORDER NO. 10739, NOVEMBER 15, 1057. PERTINENT PROVISIONS OF EXECUTIVE ORDER NO. 10152, AS AMENDED, ARE AS FOLLOWS:

SEC. 3. (A) EACH MEMBER WHO IS REQUIRED BY COMPETENT ORDERS TO PARTICIPATE FREQUENTLY AND REGULARLY IN AERIAL FLIGHTS, OTHER THAN GLIDERFLIGHTS, SHALL MAKE THE FLIGHTS REQUIRED AS A CREW MEMBER OR AS A NON-CREW MEMBER AS DIRECTED BY COMPETENT AUTHORITY.

SEC. 6. MEMBERS WHO, PURSUANT TO COMPETENT ORDERS, ARE ATTACHED TO A SUBMARINE WHICH IS IN AN ACTIVE STATUS, INCLUDING A SUBMARINE UNDER CONSTRUCTION FROM THE TIME BUILDERS' TRIALS COMMENCE, SHALL BE ENTITLED TO RECEIVE INCENTIVE PAY FOR THE PERFORMANCE OF SUBMARINE DUTY. THE TERM ,BUILDERS' TRIALS" SHALL BE CONSTRUED TO MEAN TRIALS CONDUCTED UNDERWAY OR IN FREE ROUTE.

SEC. 7. (A) 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. * * *

SEC. 8. (A) AS USED IN SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949, THE TERM "DUTY INVOLVING PARACHUTE JUMPING AS AN ESSENTIAL PART OF MILITARY DUTY" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS WHO ARE NOT IN A FLYING-PAY STATUS AND WHO, UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE, HAVE RECEIVED A RATING AS A PARACHUTIST OR PARACHUTE RIGGER, OR ARE UNDERGOING TRAINING FOR SUCH A RATING, AND WHO ARE REQUIRED BY COMPETENT ORDERS TO ENGAGE IN PARACHUTE JUMPING FROM AN AIRCRAFT IN AERIAL FLIGHT. * * *

SEC. 9. AS USED IN SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949---

(A) THE TERM "DUTY INVOLVING INTIMATE CONTACT WITH PERSONS AFFLICTED WITH LEPROSY" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY ANY MEMBER WHO IS ASSIGNED BY COMPETENT ORDERS TO A LEPROSARIUM FOR THE PERFORMANCE OF DUTY FOR A PERIOD OF THIRTY DAYS OR MORE OR FOR A PERIOD OF INSTRUCTION, WHETHER OR NOT SUCH LEPROSARIUM IS UNDER THE JURISDICTION OF ONE OF THE UNIFORMED SERVICES.

(B) THE TERM "DUTY INVOLVING THE DEMOLITION OF EXPLOSIVES" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS WHO, PURSUANT TO COMPETENT ORDERS AND AS A PRIMARY DUTY ASSIGNMENT * * *

(C) 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.

(D) THE TERM "DUTY AT THE NAVY DEEP SEA DIVING SCHOOL OR THE NAVY EXPERIMENTAL DIVING UNIT, WHEN SUCH DUTY INVOLVES PARTICIPATION IN TRAINING" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS WHO ARE REGULARLY ASSIGNED TO DUTY INVOLVING DIVING AT THE NAVY DEEP SEA DIVING SCHOOL OR THE NAVY EXPERIMENTAL DIVING UNIT WHEN SUCH DIVING IS PRIMARILY FOR THE PURPOSE OF TRAINING DIVERS.

(E) THE TERM "DUTY AS LOW-PRESSURE CHAMBER INSIDE OBSERVER" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED WITHIN LOW-PRESSURE CHAMBERS AT AVIATION PHYSIOLOGICAL TRAINING FACILITIES BY MEMBERS ASSIGNED TO THAT DUTY AS INSTRUCTOR-OBSERVERS.

(F) THE TERM "DUTY AS HUMAN ACCELERATION OR DECELERATION EXPERIMENTAL SUBJECT" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS EXPOSED AS HUMAN ACCELERATION OR DECELERATION EXPERIMENTAL SUBJECTS UTILIZING EXPERIMENTAL ACCELERATION OR DECELERATION DEVICES.

(G) THE TERM "DUTY INVOLVING THE USE OF HELIUM-OXYGEN FOR A BREATHING MIXTURE IN THE EXECUTION OF DEEP-SEA DIVING" SHALL BE CONSTRUED TO MEAN THE PERFORMANCE OF HELIUM-OXYGEN DIVING DUTY ABOARD HELIUM-OXYGEN EQUIPPED VESSELS BY MEMBERS ASSIGNED TO THAT DUTY.

(H) THE TERM "DUTY AS HUMAN TEST SUBJECT IN THERMAL STRESS EXPERIMENTS" SHALL BE CONSTRUED TO MEAN DUTY PERFORMED BY MEMBERS EXPOSED AS HUMAN THERMAL EXPERIMENTAL SUBJECTS IN THERMAL STRESS EXPERIMENTS CONDUCTED UNDER THE SUPERVISION OF ANY LABORATORY DESIGNATED BY THE SECRETARY CONCERNED.

SEC. 10. ANY MEMBER WHO IS REQUIRED BY COMPETENT ORDERS TO PERFORM HAZARDOUS DUTY AND WHO BECOMES INJURED OR OTHERWISE INCAPACITATED AS A RESULT OF THE PERFORMANCE OF SUCH DUTY, BY AVIATION ACCIDENT OR OTHERWISE, SHALL BE DEEMED TO HAVE FULFILLED ALL OF THE REQUIREMENTS FOR THE PERFORMANCE OF HAZARDOUS DUTY DURING SUCH INCAPACITY FOR A PERIOD NOT TO EXCEED THREE MONTHS FOLLOWING THE DATE AS OF WHICH SUCH INCAPACITY IS DETERMINED BY THE APPROPRIATE MEDICAL AUTHORITY. ( ITALICS SUPPLIED.)

THE FOLLOWING QUESTIONS ARE PRESENTED IN MILITARY PAY AND ALLOWANCE COMMITTEE ACTION NO. 208:

1. IN THE CASE OF MEMBERS WHO ARE REQUIRED BY COMPETENT ORDERS TO PERFORM HAZARDOUS DUTY AND WHO BECOME INJURED OR OTHERWISE INCAPACITATED AS A RESULT OF THE PERFORMANCE OF SUCH DUTY, DOES ENTITLEMENT TO HAZARDOUS DUTY PAY CONTINUE DURING SUCH INCAPACITY NOT TO EXCEED THREE (3) MONTHS FOLLOWING THE DATE AS OF WHICH SUCH INCAPACITY IS DETERMINED BY THE APPROPRIATE MEDICAL AUTHORITY IF:

A. THE MEMBER IS TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT DURING THE THREE (3) MONTH PERIOD?

B. THE MEMBER IS TRANSFERRED UNDER TEMPORARY ADDITIONAL DUTY ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT DURING THE THREE (3) MONTH PERIOD?

C. IF THE ANSWER TO (B) IS IN THE AFFIRMATIVE, WOULD THE FIFTEEN (15) DAY LIMITATION ON TAD CONTINUE TO PREVAIL?

2. IN THE CASE OF A MEMBER UNDER COMPETENT ORDERS TO PERFORM HAZARDOUS DUTY WHO IS INJURED OR OTHERWISE INCAPACITATED AS A RESULT OF THE PERFORMANCE OF SUCH DUTY, WHEN DOES THE GRACE PERIOD AUTHORIZED BY SECTION 10 OF EXECUTIVE ORDER 10152 COMMENCE?

IN THE DISCUSSION CONCERNING QUESTION 1, THERE IS CITED OUR DECISION OF APRIL 27, 1951, B-100180, 30 COMP. GEN. 422, WHEREIN IT WAS STATED THAT BOTH THE LAW AND THE REGULATIONS CONTEMPLATE THAT "ASSIGNMENT OR ATTACHMENT" TO A SUBMARINE IS THE PRIMARY REQUISITE TO ENTITLEMENT TO SUBMARINE PAY AND THAT UPON TERMINATION OF SUCH ASSIGNMENT OR ATTACHMENT THE RIGHT TO SUCH PAY IS LIKEWISE TERMINATED. WE CONCLUDED THAT IF A MEMBER IS DETACHED FROM A SUBMARINE HE NO LONGER MEETS THE ASSIGNMENT OR ATTACHMENT REQUIREMENT AND THAT, AFTER SUCH DETACHMENT, SECTION 10 OF EXECUTIVE ORDER NO. 10152 WOULD NOT BE APPLICABLE TO HIM. IN THAT DECISION WE CONCURRED IN THE VIEWS EXPRESSED IN THE SUBMISSION BY THE THEN SECRETARY OF DEFENSE THAT THE PRINCIPLE INVOLVED WOULD APPEAR TO BE EQUALLY APPLICABLE TO SIMILAR CASES INVOLVING MEMBERS OF THE UNIFORMED SERVICES WHOSE INCAPACITIES ARISE AS THE RESULT OF THE PERFORMANCE OF THE HAZARDOUS DUTIES SPECIFIED IN SECTION 9 OF THE EXECUTIVE ORDER--- DUTY INVOLVING CONTACT WITH PERSONS AFFLICTED WITH LEPROSY; DUTY INVOLVING DEMOLITION OF EXPLOSIVES; DUTY AT A SUBMARINE TRAINING TANK, WHEN SUCH DUTIES INVOLVE PARTICIPATION IN TRAINING; AND DUTY AT THE NAVY DEEP SEA DIVING SCHOOL OR THE NAVY EXPERIMENTAL DIVING UNIT, WHEN SUCH DUTY INVOLVES PARTICIPATION IN TRAINING.

IT IS POINTED OUT IN COMMITTEE ACTION NO. 208 THAT SINCE SECTION 10 OF EXECUTIVE ORDER NO. 10152 PROVIDES THAT A "MEMBER WHO IS REQUIRED BY COMPETENT ORDERS TO PERFORM HAZARDOUS DUTY AND WHO BECOMES * * * INCAPACITATED AS A RESULT OF THE PERFORMANCE OF SUCH DUTY * * * SHALL BE DEEMED TO HAVE FULFILLED ALL OF THE REQUIREMENTS FOR THE PERFORMANCE OF HAZARDOUS DUTY" FOR THE PERIOD SPECIFIED, IT FOLLOWS THAT IF ALL OF THE REQUIREMENTS ARE DEEMED TO HAVE BEEN FULFILLED, THEN THE PRIMARY REQUISITE OF ASSIGNMENT OR ATTACHMENT HAS ALSO BEEN FULFILLED. THE COMMITTEE ACTION FURTHER STATES THAT IF THE INTERPRETATION EXPRESSED IN 30 COMP. GEN. 422 IS FOLLOWED, AN INEQUITY WOULD ARISE BETWEEN A MEMBER RECEIVING MEDICAL TREATMENT AT HIS PERMANENT DUTY STATION AND THE MEMBER THAT MUST BE TRANSFERRED FOR MEDICAL TREATMENT. AS AN EXAMPLE, THERE IS CITED THE CASE OF A MEMBER ASSIGNED TO DUTY INVOLVING DEMOLITION OF EXPLOSIVES AT A STATION WHERE ADEQUATE MEDICAL FACILITIES ARE AVAILABLE AND A MEMBER ASSIGNED THE SAME DUTIES AT A STATION WHERE ADEQUATE MEDICAL FACILITIES ARE NOT AVAILABLE. IT IS STATED THAT THE FIRST MEMBER WOULD BE ENTITLED BECAUSE HE WAS TRANSFERRED FOR MEDICAL TREATMENT.

GENERALLY, UNDER THE LAW AND THE EXECUTIVE ORDERS, ENTITLEMENT TO HAZARDOUS DUTY PAY IS AUTHORIZED WHERE, PURSUANT TO COMPETENT ORDERS, THE MEMBER MEETS THE REQUIREMENTS AND ACTUALLY PERFORMS THE SPECIFIED DUTY INVOLVED. HOWEVER, BOTH THE LAW AND THE EXECUTIVE ORDERS PRESCRIBE CERTAIN SPECIFIC REQUIREMENTS BEFORE ENTITLEMENT EXISTS. "ASSIGNMENT OR ATTACHMENT" TO THE PARTICULAR HAZARDOUS DUTY IS A REQUISITE IN CONNECTION WITH SEVEN OF THE THIRTEEN TYPES OF HAZARDOUS DUTY SET FORTH IN THE EXECUTIVE ORDERS. WHILE SECTION 10 OF EXECUTIVE ORDER NO. 10152 PROVIDES THAT A MEMBER INCAPACITATED ETC., "SHALL BE DEEMED TO HAVE FULFILLED ALL OF THE REQUIREMENTS FOR THE PERFORMANCE OF HAZARDOUS DUTY," IT DOES NOT FOLLOW THAT THE SPECIFIC ASSIGNMENT OR ATTACHMENT REQUIREMENT IS DEEMED TO HAVE BEEN FULFILLED UNDER THE PROVISIONS OF THAT SECTION. ON THE CONTRARY, IT IS OUR VIEW THAT THE TERM "ALL OF THE REQUIREMENTS" HAS REFERENCE TO THE DUTY PERFORMANCE REQUIREMENTS AS DISTINGUISHED FROM THE ASSIGNMENT OR ATTACHMENT REQUIREMENTS. WHERE A MEMBER IS INCAPACITATED AS A RESULT OF PERFORMING THE TYPE OF HAZARDOUS DUTY WHICH HAS A SPECIFIC ASSIGNMENT OR ATTACHMENT REQUIREMENT, AND SUCH MEMBER IS TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT DURING THE THREE-MONTH PERIOD, WE MUST CONCLUDE THAT THE MEMBER NO LONGER MEETS THE ASSIGNMENT OR ATTACHMENT REQUIREMENTS, AND, THEREFORE, HIS RIGHT TO CONTINUE TO RECEIVE INCENTIVE PAY UNDER SECTION 10 OF THE EXECUTIVE ORDER IS TERMINATED. SEE 30 COMP. GEN. 422 AND COMPARE 23 COMP. GEN. 765. WHERE THE TYPE OF HAZARDOUS DUTY INVOLVED DOES NOT HAVE A SPECIFIC ATTACHMENT OR ASSIGNMENT REQUIREMENT, HOWEVER, PERMANENT CHANGE OF STATION ORDERS WOULD NOT AFFECT THE RIGHT OF A MEMBER TO CONTINUE TO RECEIVE INCENTIVE PAY DURING THE PERIOD OF INCAPACITY NOT TO EXCEED THREE MONTHS. QUESTION A IS ANSWERED ACCORDINGLY.

SINCE TEMPORARY ADDITIONAL DUTY ORDERS CONTEMPLATE THAT A MEMBER WILL RETURN TO HIS PERMANENT DUTY STATION, IT REASONABLY APPEARS THAT THE ASSIGNMENT OR ATTACHMENT TO THE PARTICULAR HAZARDOUS DUTY IS NOT TERMINATED BY SUCH TEMPORARY TRANSFER, AND, THEREFORE, ENTITLEMENT TO HAZARDOUS DUTY PAY CONTINUES DURING SUCH INCAPACITY NOT TO EXCEED THREE MONTHS. ACCORDINGLY, QUESTION B IS ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO QUESTION C, THE 15-DAY LIMITATION ON TEMPORARY ADDITIONAL DUTY THERE MENTIONED PRESUMABLY HAS REFERENCE TO THE PERFORMANCE OF SUBMARINE DUTY AND SEA DUTY AS THE LIMITATION WAS APPLIED IN THOSE CASES. IN DETERMINING THE LEGALITY OF PAYMENT OF HAZARDOUS DUTY PAY FOR SUBMARINE DUTY DURING PERIODS OF ABSENCE FROM THE SUBMARINE (TEMPORARY ADDITIONAL DUTY OR OTHERWISE) TO WHICH THE MEMBER IS ATTACHED, WE ADOPTED THE 15-DAY LIMIT FIXED IN EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, RELATING TO SEA-DUTY PAY, AS A REASONABLE LIMIT ON ABSENCES FROM THE SUBMARINE IN CONNECTION WITH SUBMARINE PAY. WE SAID, IN OUR DECISION IN THE MATTER, THAT WE WOULD NOT BE JUSTIFIED IN RECOGNIZING A RIGHT TO SUBMARINE PAY FOR ANY PART OF AN ABSENCE OF A LONGER DURATION. SEE DECISION DATED DECEMBER 17, 1952, B-111704, 32 COMP. GEN. 287. ALSO, SEE DECISION OF SEPTEMBER 23, 1953, B-114759, 33 COMP. GEN. 124, RELATING TO SEA-DUTY PAY. A MEMBER ATTACHED TO A SUBMARINE AND TRANSFERRED UNDER TEMPORARY ADDITIONAL DUTY ORDERS TO A MEDICAL ACTIVITY FOR MEDICAL TREATMENT WOULD STILL BE ATTACHED TO THE SUBMARINE AND SINCE, UNDER SECTION 10 OF THE EXECUTIVE ORDER, THE DUTY PERFORMANCE REQUIREMENT FOR SUBMARINE DUTY WOULD BE DEEMED TO HAVE BEEN FULFILLED FOR THE PERIOD SPECIFIED, THE 15-DAY LIMITATION WOULD NOT BE APPLICABLE UNDER SUCH CIRCUMSTANCES. QUESTION C IS ANSWERED IN THE NEGATIVE. WITH RESPECT TO THE QUESTION AS TO WHEN THE GRACE PERIOD AUTHORIZED BY SECTION 10 OF EXECUTIVE ORDER NO. 10152 SHOULD COMMENCE, WE HELD--- IN CONSIDERING SOMEWHAT SIMILAR LANGUAGE IN PRIOR EXECUTIVE ORDERS RELATING TO AVIATION PAY--- THAT WHERE THE OFFICER HAS ALREADY QUALIFIED FOR AVIATION PAY FOR THE MONTH IN WHICH HE WAS INJURED, THE GRACE PERIOD COMMENCES ON THE FIRST OF THE FOLLOWING MONTH, AND WHERE THE OFFICER HAS NOT QUALIFIED FOR AVIATION PAY FOR THE MONTH IN WHICH HE WAS INJURED, THE GRACE PERIOD COMMENCES ON THE FIRST OF THE MONTH IN WHICH THE INJURY WAS INCURRED. SEE 16 COMP. GEN. 134 AND 23 COMP. GEN. 449. IT IS POINTED OUT IN COMMITTEE ACTION NO. 208 THAT REGULATIONS OF THE SERVICES IMPLEMENTING SECTION 10 OF EXECUTIVE ORDER NO. 10152 ARE NOT UNIFORM AND THAT SUCH REGULATIONS OF THE INDIVIDUAL SERVICES ARE NOT CONSISTENTLY APPLIED TO THE DIFFERENT TYPES OF HAZARDOUS DUTY. THE CONCLUSIONS OF THE MILITARY PAY AND ALLOWANCE COMMITTEE RESPECTING THE GRACE PERIOD COMMENCEMENT DATE FOR EACH TYPE OF HAZARDOUS DUTY ARE SET FORTH IN COMMITTEE ACTION NO. 208 AS FOLLOWS:

1. THERE ARE SEVERAL TYPES OF HAZARDOUS DUTY IN WHICH THE QUALIFICATIONS ARE AUTOMATICALLY FULFILLED IF THE MEMBER IS INJURED OR INCAPACITATED WHILE PERFORMING SUCH DUTY. THESE ARE:

A. DEMOLITION DUTY

B. DUTY AS TEST SUBJECT IN THERMAL STRESS EXPERIMENTS. THE REQUIREMENTS FOR QUALIFICATIONS FOR INCENTIVE PAY ARE (1) ORDERS TO THE DUTY AND (2) PERFORMANCE OF THE DUTY SOMETIME DURING THE MONTH. SINCE THE QUALIFICATIONS FOR THE MONTH OF THE ACCIDENT HAVE BEEN MET IF INJURED WHILE PERFORMING SUCH DUTY, IT APPEARS THAT THE GRACE PERIOD SHOULD COMMENCE ON THE FIRST OF THE MONTH FOLLOWING THE MONTH OF THE ACCIDENT.

2. THE FOLLOWING TYPES OF HAZARDOUS DUTY HAVE SPECIFIC PERFORMANCE REQUIREMENTS THAT MUST BE FULFILLED PRIOR TO BECOMING ENTITLED TO INCENTIVE PAY:

A. AVIATION DUTY

B. DUTY AS LOW PRESSURE CHAMBER OBSERVER

C. DUTY AS TEST SUBJECT IN ACCELERATION-1DECELERATION EXPERIMENT

D. PARACHUTE DUTY

E. DUTY INVOLVING THE USE OF HELIUM-OXYGEN MIXTURE IN DEEP SEA DIVING. THE FACT THAT A MEMBER WAS INJURED WHILE PERFORMING THESE TYPES OF HAZARDOUS DUTY DOES NOT AUTOMATICALLY FULFILL THE REQUIREMENTS FOR INCENTIVE PAY. IT THEREFORE APPEARS THAT THE GRACE PERIOD FOR THESE TYPES OF HAZARDOUS DUTY SHOULD COMMENCE AS FOLLOWS:

A. REQUIREMENTS MET PRIOR TO ACCIDENT--- GRACE PERIOD COMMENCES ON FIRST OF THE MONTH FOLLOWING THE MONTH OF THE ACCIDENT.

B. REQUIREMENTS NOT MET PRIOR TO ACCIDENT--- GRACE PERIOD COMMENCES ON FIRST OF THE MONTH OF THE ACCIDENT.

3. THE FOLLOWING TYPES OF HAZARDOUS DUTY HAVE NO SPECIFIC PERFORMANCE REQUIREMENTS OTHER THAN ASSIGNMENT TO THE DUTY:

A. DUTY AT SUBMARINE ESCAPE TRAINING TANK

B. DUTY AT NAVY DEEP SEA DIVING SCHOOL OR NAVY EXPERIMENTAL DIVING UNIT

C. LEPROSARIUM DUTY

D. SUBMARINE DUTY SINCE THERE ARE NO SPECIFIC PERFORMANCE REQUIREMENTS AND THE UNIT PERIOD IS NOT THE MONTH, IT APPEARS THAT THE GRACE PERIOD SHOULD COMMENCE ON THE DAY FOLLOWING THE DATE OF THE ACCIDENT.

THE ABOVE CONCLUSIONS APPEAR TO BE IN AGREEMENT WITH THE PRINCIPLES ENUNCIATED IN 16 COMP. GEN. 134 AND 23 COMP. GEN. 449. HENCE, WE WOULD AGREE THAT THE INDIVIDUAL SERVICES SHOULD PROMULGATE UNIFORM REGULATIONS UNDER SECTION 10 OF EXECUTIVE ORDER NO. 10152 TO CONFORM WITH THE FOREGOING CONCLUSIONS SO THAT THE COMMENCEMENT DATE OF GRACE PERIOD WILL BE UNIFORMLY DETERMINED IN CONNECTION WITH EACH TYPE OF HAZARDOUS DUTY. QEUSTION 2 IS ANSWERED ACCORDINGLY.