B-147713, JAN. 23, 1962

B-147713: Jan 23, 1962

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528 80 49: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13. THE RECORD INDICATES THAT YOU WERE ASSIGNED TO AN OPERATIONAL FLIGHT CREW AS A CREW MEMBER DURING THE PERIOD FEBRUARY 1 THROUGH MARCH 14. ONE OF THE DUTIES WHICH CONSTITUTES HAZARDOUS DUTY IS "DUTY AS A CREW MEMBER AS DETERMINED BY THE SECRETARY CONCERNED. PARAGRAPH 044086-1-C (1) OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT ORDERS TO FLYING DUTY ARE EFFECTIVE FROM THE DATE STATED THEREIN. THAT THE DATE STATED MAY NOT BE PRIOR TO THE DATE THE ORDERS ARE ISSUED AND THAT A MEMBER "WILL NOT BE ENTITLED TO AVIATION PAY PRIOR TO THE DATE HE REPORTS FOR AND ENTERS UPON DUTY UNDER HIS ORDERS.'. UNDER THE STATUTE AND REGULATIONS YOUR RIGHT TO INCENTIVE PAY IS DEPENDENT UPON THE EXISTENCE OF COMPETENT ORDERS DIRECTING YOU TO PARTICIPATE IN FREQUENT AND REGULAR AERIAL FLIGHTS.

B-147713, JAN. 23, 1962

TO GERALD L. WONDERCHECK, ACAN, 528 80 49:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 13, 1961, REQUESTING REVIEW OF SETTLEMENT DATED JULY 20, 1961, WHICH DISALLOWED YOUR CLAIM FOR AVIATION PAY FOR THE PERIOD FEBRUARY 1 TO MARCH 14, 1961, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES NAVY.

THE RECORD INDICATES THAT YOU WERE ASSIGNED TO AN OPERATIONAL FLIGHT CREW AS A CREW MEMBER DURING THE PERIOD FEBRUARY 1 THROUGH MARCH 14, 1961, AND THAT YOU FULFILLED ALL THE REQUIREMENTS FOR HAZARDOUS DUTY PAY EXCEPT THAT NO WRITTEN ORDERS PLACING YOU IN A FLIGHT STATUS CAN BE FOUND.

SECTION 204 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 235, PROVIDES FOR THE PAYMENT OF INCENTIVE PAY IN ADDITION TO BASIC PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY REQUIRED BY COMPETENT ORDERS. ONE OF THE DUTIES WHICH CONSTITUTES HAZARDOUS DUTY IS "DUTY AS A CREW MEMBER AS DETERMINED BY THE SECRETARY CONCERNED, INVOLVING FREQUENT AND REGULAR PARTICIPATION IN AERIAL FLIGHT.'

PARAGRAPH 044086-1-C (1) OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT ORDERS TO FLYING DUTY ARE EFFECTIVE FROM THE DATE STATED THEREIN, THAT THE DATE STATED MAY NOT BE PRIOR TO THE DATE THE ORDERS ARE ISSUED AND THAT A MEMBER "WILL NOT BE ENTITLED TO AVIATION PAY PRIOR TO THE DATE HE REPORTS FOR AND ENTERS UPON DUTY UNDER HIS ORDERS.'

UNDER THE STATUTE AND REGULATIONS YOUR RIGHT TO INCENTIVE PAY IS DEPENDENT UPON THE EXISTENCE OF COMPETENT ORDERS DIRECTING YOU TO PARTICIPATE IN FREQUENT AND REGULAR AERIAL FLIGHTS. WHILE YOU ACTUALLY PERFORMED FLIGHT DUTY DURING THE PERIOD OF YOUR CLAIM, IT HAS NOT BEEN ESTABLISHED THAT SUCH DUTY WAS PERFORMED PURSUANT TO ORDERS ISSUED BY COMPETENT AUTHORITY. IN THE ABSENCE OF SUCH ORDERS PLACING YOU IN A FLIGHT STATUS AS A MEMBER OF A FLIGHT CREW PRIOR TO MARCH 15, 1961, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JULY 20, 1961, MUST BE SUSTAINED. YOUR ATTENTION IS INVITED, HOWEVER, TO THE PROVISIONS OF 10 U.S.C. 1552, WHICH AUTHORIZE THE SECRETARY OF THE NAVY, UNDER PROCEDURES ESTABLISHED BY HIM, TO CORRECT ANY MILITARY RECORD WHEN HE CONSIDERS IT NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE.