B-147012, SEP. 19, 1961

B-147012: Sep 19, 1961

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WEST: REFERENCE IS MADE TO YOUR COMMUNICATION OF JULY 20. YOU WERE DIRECTED BY THE COMMANDER. WHICH DUTY WAS TO BE COMPLETED ON OR ABOUT JUNE 30. THIS ASSIGNMENT WAS EXTENDED UNTIL SEPTEMBER 30. IT WAS ADMINISTRATIVELY REPORTED THAT YOUR TEMPORARY ADDITIONAL DUTY HAD BEEN CONTINUOUS AND WAS CURRENTLY IN EFFECT. PAYMENT OF PROFICIENCY PAY TO AN ENLISTED MEMBER OF A UNIFORMED SERVICE IS AUTHORIZED BY SECTION 209 OF THE CAREER COMPENSATION ACT OF 1949. WHICH PROVIDES THAT THE SECRETARY CONCERNED SHALL PRESCRIBE THE CRITERIA UNDER WHICH MEMBERS ARE ELIGIBLE FOR A PROFICIENCY RATING. PROVIDE THAT WHEN A MEMBER RECEIVING PROFICIENCY PAY IS ASSIGNED OR DETAILED TO ANY DUTY NOT REQUIRING THE SKILL ON WHICH THE PROFICIENCY PAY IS BASED.

B-147012, SEP. 19, 1961

TO CHARLES R. WEST:

REFERENCE IS MADE TO YOUR COMMUNICATION OF JULY 20, 1961, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED FEBRUARY 8, 1960, WHICH DISALLOWED YOUR CLAIM FOR PROFICIENCY PAY FOR THE PERIOD MARCH 6, 1959, TO JANUARY 15, 1960, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY.

BY ORDERS DATED MARCH 3, 1959, YOU WERE DIRECTED BY THE COMMANDER, U.S. NAVAL BASE, BREMERTON, WASHINGTON, TO REPORT BY MARCH 6, 1959, TO THE SENIOR SHORE PATROL OFFICER, PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON, FOR TEMPORARY ADDITIONAL DUTY AS A MEMBER OF THE PERMANENT SHORE PATROL, WHICH DUTY WAS TO BE COMPLETED ON OR ABOUT JUNE 30, 1959. ON JUNE 1, 1959, THIS ASSIGNMENT WAS EXTENDED UNTIL SEPTEMBER 30, 1959, AND ON JANUARY 13, 1960, IT WAS ADMINISTRATIVELY REPORTED THAT YOUR TEMPORARY ADDITIONAL DUTY HAD BEEN CONTINUOUS AND WAS CURRENTLY IN EFFECT. YOU CONTEND THAT YOUR ASSIGNMENT TO SHORE PATROL DUTIES FALLS WITHIN THE CATEGORY OF MAINTAINING DISCIPLINE AND SINCE THE SKILLS OF THE BOATSWAIN'S MATE RATING LISTS MAINTAINING DISCIPLINE AS PART OF THE PROFESSIONAL QUALIFICATIONS, YOU SHOULD BE ALLOWED PROFICIENCY PAY FOR THE PERIOD OF YOUR CLAIM.

PAYMENT OF PROFICIENCY PAY TO AN ENLISTED MEMBER OF A UNIFORMED SERVICE IS AUTHORIZED BY SECTION 209 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY SECTION 1 (8) OF THE OF MAY 20, 1958, 72 STAT. 125, WHICH PROVIDES THAT THE SECRETARY CONCERNED SHALL PRESCRIBE THE CRITERIA UNDER WHICH MEMBERS ARE ELIGIBLE FOR A PROFICIENCY RATING, AND THE SECTION SHALL BE ADMINISTERED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE FOR THE UNIFORMED SERVICES UNDER HIS JURISDICTION. DEPARTMENT OF DEFENSE DIRECTIVE NO. 1340.2 DATED SEPTEMBER 27, 1958, AND BUREAU OF NAVAL PERSONNEL INSTRUCTION NO. 1430.12 DATED OCTOBER 15, 1958, PRESCRIBING THE POLICIES COVERING THE AWARD OF PROFICIENCY PAY TO ENLISTED MEMBERS UNDER SECTION 209, PROVIDE THAT WHEN A MEMBER RECEIVING PROFICIENCY PAY IS ASSIGNED OR DETAILED TO ANY DUTY NOT REQUIRING THE SKILL ON WHICH THE PROFICIENCY PAY IS BASED, SUCH PAY WILL BE REVOKED AT THE TIME OF THAT ASSIGNMENT OR DETAIL UNLESS THE ADDITIONAL DUTY ASSIGNMENT OR DETAIL DOES NOT MATERIALLY INTERFERE WITH THE PERFORMANCE OF HIS PRINCIPAL DUTIES, OR THE ASSIGNMENT OR DETAIL IS TO TEMPORARY OR SPECIAL DUTY NOT EXCEEDING 90 DAYS. IT HAS BEEN ADMINISTRATIVELY DETERMINED BY COMPETENT NAVAL AUTHORITY THAT YOUR DUTY AS ACTING SHORE PATROL OFFICER WAS AN ASSIGNMENT WHICH DID NOT REQUIRE THE SKILL ON WHICH YOUR PROFICIENCY PAY WAS BASED AND COVERED A PERIOD OF MORE THAN 90 DAYS AND, WHILE YOU URGE THAT SINCE YOUR SHORE PATROL DUTIES FELL WITHIN THE CATEGORY OF MAINTAINING DISCIPLINE ON WHICH YOUR RATING FOR PROFICIENCY PAY WAS PARTIALLY BASED, YOUR ENTITLEMENT TO PROFICIENCY PAY SHOULD NOT HAVE BEEN AFFECTED BY YOUR SHORE PATROL ASSIGNMENT, THE GENERAL ACCOUNTING OFFICE NECESSARILY MUST ACCEPT THE DETERMINATION OF THE ADMINISTRATIVE OFFICIALS IN THE ABSENCE OF EVIDENCE SUFFICIENT TO ESTABLISH THAT SUCH DETERMINATION WAS ERRONEOUS. THE INFORMATION AND FACTS OF RECORD HERE DO NOT ESTABLISH THAT THE ADMINISTRATIVE DETERMINATION WAS ERRONEOUS. NEITHER DO SUCH INFORMATION AND FACTS ESTABLISH THAT YOUR SHORE PATROL ASSIGNMENT DID NOT MATERIALLY AFFECT YOUR PERFORMANCE OF THE PRINCIPAL DUTIES ON WHICH YOUR PROFICIENCY PAY AWARD WAS BASED. ON THE CONTRARY YOUR ASSIGNMENT APPEARS TO HAVE COMPLETELY PREVENTED THE PERFORMANCE OF ANY SUCH DUTY.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT DATED FEBRUARY 8, 1960, MUST BE AND IS ..END :