B-21167, OCTOBER 21, 1941, 21 COMP. GEN. 352

B-21167: Oct 21, 1941

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CURRENT NAVAL APPROPRIATIONS MAY BE USED FOR PAYMENT OF ADDITIONAL AVIATION PAY WHERE APPOINTMENT AND DETAIL HAVE BEEN MADE AS PROVIDED BY EXECUTIVE ORDER NO. 5865. WHERE THE OTHER CONDITIONS ENTITLING TO FLIGHT PAY HAVE BEEN MET. 1941: I HAVE YOUR LETTER OF OCTOBER 14. AS FOLLOWS: STEPS ARE NOW BEING TAKEN BY THE NAVY DEPARTMENT TO TRAIN GLIDER PILOTS AT QUALIFIED CIVILIAN INSTITUTIONS. A PERCENTAGE OF THE INDIVIDUALS UNDER TRAINING WILL BE OFFICERS AND ENLISTED MEN WHO HAVE NOT PREVIOUSLY QUALIFIED FOR THE DESIGNATION " NAVAL AVIATOR" OR " NAVAL AVIATION PILOT.'. IT WILL BE NECESSARY. THE TERM "AIRCRAFT" IS DEFINED BY THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS ( REPORT NO. 474.

B-21167, OCTOBER 21, 1941, 21 COMP. GEN. 352

PAY - AVIATION DUTY - GLIDER AVIATORS AND PILOTS THE NAVY DEPARTMENT MAY INCLUDE GLIDER AVIATORS AND PILOTS IN THE QUALIFICATION OF AIRCRAFT PILOT, AND CURRENT NAVAL APPROPRIATIONS MAY BE USED FOR PAYMENT OF ADDITIONAL AVIATION PAY WHERE APPOINTMENT AND DETAIL HAVE BEEN MADE AS PROVIDED BY EXECUTIVE ORDER NO. 5865, DATED JUNE 27, 1932, AND WHERE THE OTHER CONDITIONS ENTITLING TO FLIGHT PAY HAVE BEEN MET.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, OCTOBER 21, 1941:

I HAVE YOUR LETTER OF OCTOBER 14, 1941, AS FOLLOWS:

STEPS ARE NOW BEING TAKEN BY THE NAVY DEPARTMENT TO TRAIN GLIDER PILOTS AT QUALIFIED CIVILIAN INSTITUTIONS, PENDING THE ESTABLISHMENT OF SERVICE TRAINING FACILITIES. A PERCENTAGE OF THE INDIVIDUALS UNDER TRAINING WILL BE OFFICERS AND ENLISTED MEN WHO HAVE NOT PREVIOUSLY QUALIFIED FOR THE DESIGNATION " NAVAL AVIATOR" OR " NAVAL AVIATION PILOT.' IT WILL BE NECESSARY, OF COURSE, TO COMPENSATE THESE INDIVIDUALS FOR THE HAZARDS INVOLVED WHILE ENGAGED IN THIS DUTY.

EXECUTIVE ORDER NO. 5865, DATED JUNE 27, 1932, PRESCRIBES REGULATIONS FOR CARRYING INTO EFFECT THE PROVISIONS OF SECTION 20 OF THE PAY ACT OF JUNE 10, 1922 (42 STAT. 632), AS AMENDED BY SECTION OF THE ACT OF JULY 2, 1926 (44 STAT. 782; U.S.C. 29), RELATIVE TO INCREASED PAY FOR PARTICIPATION IN FREQUENT AND REGULAR AERIAL FLIGHTS.

THE TERM "AIRCRAFT" IS DEFINED BY THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS ( REPORT NO. 474, NOMENCLATURE FOR AERONAUTICS, 1940) AS FOLLOWS:

"ANY WEIGHT-CARRYING DEVICE DESIGNED TO BE SUPPORTED BY THE AIR, EITHER BY BUOYANCY OR BY DYNAMIC ACTION.'

THE TERM "GLIDER" AS USED IN AERONAUTICS IS DEFINED IN WEBSTER'S NEW INTERNATIONAL DICTIONARY, 1938, THUSLY:

"A FORM OF AIRCRAFT SIMILAR TO AN AIRPLANE, BUT WITHOUT ANY ENGINE.'

THE TERM "AIRCRAFT" AS THUS DEFINED WOULD APPEAR TO INCLUDE GLIDERS, AND A QUALIFIED GLIDER PILOT WOULD THEREFORE BE CONSIDERED AS A "QUALIFIED AIRCRAFT PILOT.' THE NAVY DEPARTMENT ACCORDINGLY PROPOSES TO INCLUDE IN THE QUALIFICATION OF AIRCRAFT PILOT THE FOLLOWING ESIGNATIONS:

" STUDENT NAVAL AVIATION PILOT (GLIDERS).

STUDENT NAVAL AVIATOR (GLIDERS).

NAVAL AVIATION PILOT (GLIDERS).

NAVAL AVIATOR (GLIDERS).'

YOUR DECISION IS REQUESTED AS TO WHETHER CURRENT NAVAL APPROPRIATIONS MAY BE CONSIDERED LEGALLY AVAILABLE FOR PAYMENT OF AVIATION PAY TO AIRCRAFT PILOTS WHO MAY BE DESIGNATED AS STUDENT NAVAL AVIATION PILOT (GLIDERS), STUDENT NAVAL AVIATOR (GLIDERS), NAVAL AVIATION PILOT (GLIDERS), OR NAVAL AVIATOR (GLIDERS), PROVIDED THE OTHER CONDITIONS ENTITLING THEM TO FLIGHT PAY ARE MET.

THE APPROPRIATION FOR THE NAVY DEPARTMENT FOR THE FISCAL YEAR 1942 ( PUBLIC NO. 48 AT PAGE 9), 55 STAT. 158, UNDER " BUREAU OF SUPPLIES AND ACCOUNTS--- PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL," SUBHEAD " PAY OF NAVAL PERSONNEL" IS, SO FAR AS HERE MATERIAL, AS FOLLOWS:

FOR PAY AND ALLOWANCES PRESCRIBED BY LAW OF OFFICERS ON THE ACTIVE LIST, PAY, * * * INCLUDING $2,769,010 FOR INCREASED PAY FOR OFFICERS OF THE REGULAR NAVY FOR MAKING AERIAL FLIGHTS, * * * PAY OF ENLISTED MEN AS AUTHORIZED BY LAW, * * * EXTRA PAY FOR MEN AS AUTHORIZED BY LAW. * * *

IN ALL, FOR PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL, NAVAL RESERVE AVIATION OFFICERS ON ACTIVE DUTY, AND MEMBERS OF THE NAVAL RESERVE WHEN CALLED TO ACTIVE DUTY IN TIME OF WAR OR DURING THE EXISTENCE OF A NATIONAL EMERGENCY DECLARED BY THE PRESIDENT * * *.

IN VIEW OF THESE PROVISIONS OF LAW THERE IS PERCEIVED NO OBJECTION TO THE NAVY DEPARTMENT INCLUDING IN THE QUALIFICATION OF AIRCRAFT PILOT THE FOUR DESIGNATIONS INDICATED, AND, IF OTHERWISE CORRECT, PAYMENTS OF ADDITIONAL AVIATION PAY WILL BE PASSED TO CREDIT IN THE ACCOUNTS OF DISBURSING OFFICERS, WHERE APPOINTMENT AND DETAIL HAS BEEN MADE AS PROVIDED BY THE EXECUTIVE ORDER OF JUNE 27, 1932, AND WHERE THE OTHER CONDITIONS ENTITLING TO FLIGHT PAY ARE SHOWN TO HAVE BEEN MET.