B-25847, MAY 25, 1942, 21 COMP. GEN. 1050

B-25847: May 25, 1942

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AUTHORIZING ADDITIONAL PAY FOR SEA DUTY IS. - ARE NOT. WHILE THE VESSELS ARE ON VOYAGES FROM A PORT WITHIN THE UNITED STATES TO ANOTHER PORT EITHER WITHIN OR WITHOUT THE UNITED STATES. OR ARE OPERATING WITHIN HARBORS. SO LONG AS THEY ARE NOT DETACHED FROM THAT DUTY AND AVAIL THEMSELVES OF THE MESS FACILITIES AND QUARTERS ABOARD THE VESSELS. PERSONNEL OF THE ARMY AIR FORCES WHO PERFORM RECONNAISSANCE OR PATROL FLIGHTS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES FROM THEIR BASES IN THE UNITED STATES ARE NOT ON FOREIGN DUTY WITHIN THE MEANING OF SECTION 18 OF THE ACT OF MARCH 7. IS FIXED BY SECTION 2 OF THE ACT OF JULY 2. SHOULD BE COMPUTED UPON THE BASE PAY OF SUCH GRADES RATHER THAN THE GRADES IN WHICH THEY WERE SERVING WHEN RATED.

B-25847, MAY 25, 1942, 21 COMP. GEN. 1050

PAY - ADDITIONAL - SEA AND FOREIGN DUTY - ARMY PERSONNEL SECTION 18 OF THE ACT OF MARCH 7, 1942, AUTHORIZING ADDITIONAL PAY FOR SEA DUTY IS, UNDER ITS SPECIFIC TERMS, APPLICABLE TO THE MILITARY AS WELL AS THE NAVAL FORCES OF THE UNITED STATES, AND WHILE THE DEFINITION OF "SEA SERVICE" CONTAINED IN SECTION 1571, REVISED STATUTES, AS AMENDED, APPLIES TO NAVY PERSONNEL, IF THE CONDITIONS OF SERVICE AT SEA, AS DEFINED IN THE STATUTE AND INTERPRETED IN DECISIONS OF THE ACCOUNTING OFFICERS AND THE COURTS, EXIST WITH RESPECT TO ARMY PERSONNEL, THEY WOULD BE ENTITLED TO THE ADDITIONAL PAY FOR SEA DUTY. ARMY PERSONNEL ASSIGNED TO DUTY ABOARD ARMY OR NAVY VESSELS--- AS DISTINGUISHED FROM BEING ORDERED THEREON FOR TRAVEL INCIDENT TO FOREIGN DUTY--- ARE NOT, WHILE THE VESSELS ARE ON VOYAGES FROM A PORT WITHIN THE UNITED STATES TO ANOTHER PORT EITHER WITHIN OR WITHOUT THE UNITED STATES, OR ARE OPERATING WITHIN HARBORS, ON FOREIGN DUTY WITHIN THE MEANING OF SECTION 18 OF THE ACT OF MARCH 7, 1942, AUTHORIZING ADDITIONAL PAY TO SUCH PERSONNEL WHILE ON SEA OR FOREIGN DUTY, BUT IF THE CONDITIONS OF SERVICE AT SEA, AS DEFINED IN SECTION 1571, REVISED STATUTES, AS AMENDED, EXIST, THEY WOULD BE ENTITLED TO THE ADDITIONAL PAY AS FOR SEA DUTY. IF, WITH RESPECT TO ARMY PERSONNEL ON DUTY AS GUN CREWS ABOARD ARMY TRANSPORTS OR VESSELS OF THE MARITIME COMMISSION, THE CONDITIONS OF SERVICE AT SEA, AS DEFINED IN SECTION 1571, REVISED STATUTES, AS AMENDED, EXIST, SUCH PERSONNEL WOULD BE ENTITLED TO THE ADDITIONAL PAY FOR SEA DUTY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, SO LONG AS THEY ARE NOT DETACHED FROM THAT DUTY AND AVAIL THEMSELVES OF THE MESS FACILITIES AND QUARTERS ABOARD THE VESSELS. PERSONNEL OF THE ARMY AIR FORCES WHO PERFORM RECONNAISSANCE OR PATROL FLIGHTS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES FROM THEIR BASES IN THE UNITED STATES ARE NOT ON FOREIGN DUTY WITHIN THE MEANING OF SECTION 18 OF THE ACT OF MARCH 7, 1942, AUTHORIZING ADDITIONAL PAY TO MEMBERS OF THE MILITARY FORCES WHILE ON FOREIGN DUTY, WHETHER OR NOT THE PERIODS OF SUCH FLIGHTS EXTEND FOR MORE THAN ONE DAY. THE BASE PAY OF ARMY ENLISTED MEN OF THE FOURTH, FIFTH, SIXTH, AND SEVENTH GRADES RATED AS AIR MECHANICS, FIRST CLASS, OR AIR MECHANICS, SECOND CLASS, IS FIXED BY SECTION 2 OF THE ACT OF JULY 2, 1926, AT THE RATES PRESCRIBED FOR ENLISTED MEN OF THE SECOND AND THIRD GRADES, RESPECTIVELY, AND THEIR PERCENTUM INCREASE IN BASE PAY FOR FOREIGN DUTY AUTHORIZED BY SECTION 18 OF THE ACT OF MARCH 7, 1942, SHOULD BE COMPUTED UPON THE BASE PAY OF SUCH GRADES RATHER THAN THE GRADES IN WHICH THEY WERE SERVING WHEN RATED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MAY 25, 1942:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1942, PRESENTING FOR DECISION CERTAIN QUESTIONS AS TO THE PROPRIETY OF PAYMENTS OF THE INCREASES IN PAY ARISING UNDER THE PROVISIONS OF SECTION 18 OF THE ACT OF MARCH 7, 1942, PUBLIC LAW NO. 490, 56 STAT. 148, WHICH PROVIDES:

SEC. 18. HEREAFTER THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER IN SUCH FORCES SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, WHICH INCREASES IN PAY SHALL BE IN ADDITION TO PAY AND ALLOWANCES AS NOW AUTHORIZED: PROVIDED, THAT THE PERCENTUM INCREASES HEREIN AUTHORIZED SHALL BE INCLUDED IN COMPUTING INCREASES IN PAY FOR AVIATION AND SUBMARINE DUTY: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE FROM DECEMBER 7, 1941, AND SHALL CEASE TO BE IN EFFECT TWELVE MONTHS AFTER THE TERMINATION OF THE PRESENT WAR IS PROCLAIMED BY THE PRESIDENT.

THE QUESTIONS AND THE ANSWERS THERETO ARE AS FOLLOWS:

(1) ARE OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF THE ARMY ASSIGNED TO DUTY ON BOARD ARMY MINE PLANTERS, HARBOR BOATS, OR SUPPLY SHIPS, ENTITLED TO THE ADDITIONAL PAY FOR FOREIGN SERVICE FOR PERIODS DURING WHICH THE VESSEL TO WHICH THEY ARE ATTACHED IS ABSENT FROM ITS HOME PORT, (A) ON A VOYAGE FROM ONE PORT IN THE UNITED STATES TO ANOTHER PORT IN THE UNITED STATES, (B) ON A VOYAGE FROM A PORT IN THE UNITED STATES TO A PORT OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, OR (C) OPERATING WITHIN A HARBOR, AND IF SO, FOR WHAT PERIOD?

THE PROVISION FOR THE PAYMENT OF PERCENTUM INCREASES IN BASE PAY FOR ENLISTED MEN, WARRANT AND COMMISSIONED OFFICERS OF THE LAND, AIR AND NAVAL FORCES OF THE UNITED STATES "FOR ANY PERIOD OF SERVICE BY HIM IN THE PHILIPPINE ISLANDS, MIDWAY ISLAND, OR HAWAII, OR IN ANY PLACE OUTSIDE THE UNITED STATES WHICH IS NOT A PART OF ITS TERRITORIES OR POSSESSIONS," WAS OFFERED AS AN AMENDMENT TO H.R. 6446, SEVENTY-SEVENTH CONGRESS, ON THE FLOOR OF THE SENATE. IT APPEARS TO HAVE BEEN THE UNDERSTANDING OF THE SPONSOR THAT THE AMENDMENT AS THEN OFFERED AND AGREED TO BY THE SENATE "MERELY INCORPORATES A PROVISION OF LAW INCREASING THE COMPENSATION PAID TO ARMY ENLISTED MEN AND OFFICERS OF THE ARMY AND THE NAVY WHO PERFORM FOREIGN SERVICE DURING WARTIME, WITH THE EXCEPTION THAT IT INCLUDED MIDWAY ISLAND AND HAWAII, BECAUSE THE SITUATION IS VERY MATERIALLY CHANGED IN REGARD TO THEM SINCE THE LAST WAR.' SEE CONGRESSIONAL RECORD OF FEBRUARY 19, 1942, PAGE 1544. IT IS TO BE NOTED THAT THIS AMENDMENT DID NOT PROVIDE FOR PAYMENT OF THE INCREASES FOR SEA DUTY. THIS SECTION OF THE BILL WAS FURTHER AMENDED BY THE CONFEREES AND AS THUS AMENDED WAS ENACTED AS SECTION 18 OF THE ACT OF MARCH 7, 1942, AND ALTHOUGH THE STATED PURPOSE OF THE AMENDMENT AS ORIGINALLY INTRODUCED MAY HAVE BEEN TO PROVIDE INCREASES IN ACCORDANCE WITH PRIOR REPEALED LAWS AUTHORIZING FOREIGN SERVICE PAY, IT IS CLEAR THAT SECTION 18 AS FINALLY ENACTED IS MUCH BROADER IN SCOPE.

THE ACT OF JUNE 1, 1860, 12 STAT. 23, ENTITLED "AN ACT TO INCREASE AND REGULATE THE PAY OF THE NAVY OF THE UNITED STATES," IN SECTION 3, PAGE 27, PROVIDED:

THAT HEREAFTER NO SERVICE SHALL BE REGARDED AS SEA SERVICE BUT SUCH AS SHALL BE PERFORMED AT SEA UNDER THE ORDERS OF A DEPARTMENT, AND IN VESSELS EMPLOYED BY AUTHORITY OF LAW.

THIS PROVISION WAS CARRIED INTO THE REVISED STATUTES UNDER TITLE XV "THE NAVY," CHAPTER 8, ENTITLED " PAY, EMOLUMENTS AND ALLOWANCES," AS SECTION 1571. IT NOW APPEARS IN THE UNITED STATES CODE AS SECTION 224 OF TITLE 34," NAVY.' IT WAS AMENDED BY THE ACT OF MAY 11, 1928, 45 STAT. 498, WITH RELATION TO THE SERVICE OF OFFICERS ASSIGNED TO AIRSHIPS, PRIMARILY DESIGNED NOT TO SECURE PAY BUT AUTHORITY FOR COUNTING SUCH SERVICE AS SEA SERVICE FOR SUCH OFFICERS IN CONNECTION WITH THE SELECTION AND PROMOTION LAWS OF THE NAVY. HOWEVER, AS IT WAS ATTACHED TO THE STATUTORY DEFINITION OF SEA SERVICE IT HAS BEEN HELD TO AUTHORIZE SEA DUTY PAY WHERE SUCH IS PROVIDED. THE PRESENT LAW IN FULL, QUOTING FROM THE U.S.C. IS AS FOLLOWS:

NO SERVICE SHALL BE REGARDED AS SEA SERVICE EXCEPT SUCH AS SHALL BE PERFORMED AT SEA, UNDER THE ORDERS OF A DEPARTMENT AND IN VESSELS EMPLOYED BY AUTHORITY OF LAW: PROVIDED, THAT WHEN OFFICERS ARE ASSIGNED TO AIRSHIPS ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS THE SECRETARY OF THE NAVY SHALL DETERMINE AND CERTIFY WHETHER OR NOT, IN HIS JUDGMENT, THE SERVICE TO BE PERFORMED IS EQUIVALENT TO SEA DUTY. IF SUCH SERVICE IS THUS DETERMINED TO BE EQUIVALENT TO SEA DUTY, IT SHALL BE CONSIDERED TO BE ACTUAL SEA SERVICE ON SEA-GOING SHIPS FOR ALL PURPOSES.

WHILE THIS IS A PROVISION ADOPTED WITH RESPECT TO THE NAVY IT DEFINES THE CHARACTER OF SERVICE WHICH WOULD ENTITLE OFFICERS AND ENLISTED MEN OF THE NAVY TO THE ADDITIONAL PAY AUTHORIZED BY SECTION 18 OF THE CITED ACT, AND IF THE SAME CONDITIONS EXIST WITH RESPECT TO THE SERVICE OF OFFICERS, WARRANT OFFICERS, ENLISTED MEN, OR NURSES (FEMALE) OF THE ARMY THEY WOULD BE ENTITLED TO ADDITIONAL PAY FOR SUCH DUTY.

AS UNDER THE PLAIN LANGUAGE OF SECTION 18 OF THE ACT OF MARCH 7, 1942, ITS PROVISIONS ARE APPLICABLE TO ANY ENLISTED MAN, WARRANT OFFICER, COMMISSIONED OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES, THE PERCENTUM INCREASES PROVIDED THEREIN "FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY" ARE APPLICABLE TO THE MILITARY AS WELL AS TO THE NAVAL FORCES OF THE UNITED STATES AND IF THE CONDITIONS OF SERVICE AT SEA AS DEFINED IN THE STATUTE AS INTERPRETED IN NUMEROUS DECISIONS OF THE ACCOUNTING OFFICERS AND THE COURTS ARE PRESENT, THE MILITARY PERSONNEL REFERRED TO IN SECTION 18 ARE ENTITLED TO THE PERCENTUM INCREASES THEREIN PROVIDED FOR SERVICE WHILE ON SEA DUTY.

WHILE THE ULTIMATE RESULT WOULD BE SUBSTANTIALLY THE SAME, INSOFAR AS INCREASED PAY IS CONCERNED, IRRESPECTIVE OF WHETHER THE DUTY BE DESCRIBED AS--- USING THE LANGUAGE OF SECTION 18--- ,SERVICE WHILE ON SEA DUTY, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA," IT WOULD NOT BE STRICTLY CORRECT TO CHARACTERIZE THE RESPECTIVE DUTIES INTERCHANGEABLY.

ON THE BASIS OF THE DECISIONS UNDER THE ACT OF JUNE 30, 1902, 32 STAT. 512, APPLICABLE TO THE ARMY AND THE ACT OF MAY 13, 1908, 35 STAT. 128, AS AMENDED, APPLICABLE TO THE NAVY, IT WAS HELD IN EFFECT IN DECISION B- 24335, DATED APRIL 17, 1942, 21 COMP. GEN. 932, THAT THE INCREASE UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942, FOR SEA DUTY IS PAYABLE FROM THE DATE OF REPORTING ABOARD THE VESSEL TO WHICH ASSIGNED, AND FOR FOREIGN SERVICE FROM THE DATE OF DEPARTURE FROM THE UNITED STATES UNDER AN ASSIGNMENT TO FOREIGN SERVICE. ON THE ASSUMPTION THAT THE PERSONS REFERRED TO ARE, AS STATED IN THE QUESTION, ASSIGNED TO DUTY ON BOARD ARMY MINE PLANTERS, HARBOR BOATS, OR SUPPLY SHIPS AND NOT ORDERED THEREON FOR TRAVEL INCIDENT TO "DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA" THEY WOULD NOT BE ENTITLED TO THE INCREASES FOR FOREIGN SERVICE, MERE TRAVEL BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES WITHOUT AN ASSIGNMENT TO DUTY THEREAT NOT CONSTITUTING FOREIGN SERVICE. SEE 11 COMP. DEC. 688. SO FAR AS PAYMENT OF FOREIGN SERVICE PAY IS CONCERNED QUESTIONS (A), (B), AND (C) ARE ANSWERED IN THE NEGATIVE, BUT IF THE CONDITIONS OF SERVICE AT SEA EXIST THEY WOULD BE ENTITLED TO THE ADDITIONAL PAY FOR SEA DUTY.

(2) ARE GUN CREWS ON DUTY ABOARD ARMY TRANSPORTS OR VESSELS OF THE MARITIME COMMISSION ENTITLED TO THE ADDITIONAL PAY FOR FOREIGN SERVICE, AND, IF SO, FOR WHAT PERIOD?

THIS QUESTION IS ANSWERED IN THE NEGATIVE AS TO INCREASED PAY FOR FOREIGN SERVICE, BUT ASSUMING THE VESSELS WITH THE GUN CREWS ARE BEING OPERATED BY AUTHORITY OF LAW, INASMUCH AS THE DUTY ASSIGNMENT ON BOARD SUCH VESSELS IS SEA DUTY, OR AS USED IN SECTION 18,"SERVICE WHILE ON SEA DUTY," THEY WOULD BE ENTITLED TO THE INCREASED PAY BY REASON OF THEIR SEA-DUTY STATUS. SEE ANSWER TO THE PRECEDING QUESTION. SINCE THEY ARE ENTITLED TO THE INCREASES PROVIDED IN SECTION 18 IF THEY MEET THE CONDITIONS OF SERVICE AT SEA, THE PERIOD DURING WHICH THEY ARE SO ENTITLED IS GOVERNED BY THE DECISION OF THE FORMER COMPTROLLER OF THE TREASURY, DATED JUNE 13, 1918, 24 COMP. DEC. 753, WHERE IT WAS HELD, QUOTING FROM THE SYLLABUS:

VESSELS OPERATED UNDER REQUISITION OF THE UNITED STATES SHIPPING BOARD, OR WHICH ARE CHARTERED AND OPERATED BY THE GOVERNMENT, ARE "VESSELS EMPLOYED BY AUTHORITY OF LAW" WITHIN THE MEANING OF SECTION 1571, REVISED STATUTES, AND THEREFORE OFFICERS OF THE NAVY ASSIGNED TO DUTY IN CONNECTION WITH THE ARMED GUARD ON SUCH VESSELS ARE ON SEA DUTY AND ENTITLED TO THE INCREASED PAY THEREFOR.

IF AN OFFICER OF THE NAVY DETAILED IN COMMAND OF AN ARMED GUARD ON A MERCHANT SHIP BE DETACHED FROM THAT DUTY HIS RIGHT TO INCREASED PAY FOR SEA DUTY CEASES, AND HIS FUTURE PAY STATUS DEPENDS UPON THE CHARACTER OF THE DUTY TO WHICH HE IS ASSIGNED UNDER ORDERS.

IF AN OFFICER OF THE NAVY DETAILED IN COMMAND OF AN ARMED GUARD ON A MERCHANT SHIP BE NOT DETACHED FROM THAT DUTY UPON ARRIVAL AT A UNITED STATES PORT, BUT CONTINUES ON SUCH DUTY ON THE SAME VESSEL, HE IS ENTITLED TO THE ADDITIONAL PAY ALLOWED FOR SEA SERVICE IF HE AVAILS HIMSELF OF THE MESS FACILITIES AND QUARTERS ON BOARD. IF SAID OFFICER BE GRANTED LEAVE OF ABSENCE, HE IS ENTITLED ONLY TO THE PAY TO WHICH AN OFFICER OF HIS RANK AND GRADE WOULD BE ENTITLED WHILE ON LEAVE FROM SEA DUTY.

THE QUESTION IS ANSWERED ACCORDINGLY, AND AS TO THE PERIOD DURING WHICH SUCH PERSONNEL WOULD BE ENTITLED TO ADDITIONAL PAY FOR SEA DUTY, THE ANSWER SEEMS TO BE INCLUDED IN THE SYNOPSIS JUST QUOTED AND THE ANSWER TO THE PRECEDING QUESTION.

(3) ARE OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF THE ARMY ON DUTY ON BOARD ARMY TRANSPORTS, OR ON NAVY TRANSPORTS, ENTITLED TO SUCH INCREASED PAY FOR FOREIGN SERVICE, AND IF SO, FOR WHAT PERIODS?

FOR REASONS STATED IN QUESTION 1, THEY ARE NOT ENTITLED TO INCREASED PAY FOR FOREIGN SERVICE, BUT IF ASSIGNED FOR DUTY WHERE THE CONDITIONS OF SERVICE AT SEA PREVAIL, THEY ARE ENTITLED TO THE INCREASE FOR SEA DUTY.

(4) IS THE TERM "SEA DUTY" APPLICABLE TO ARMY PERSONNEL ON DUTY ON ARMY MINE PLANTERS, MINE SWEEPERS, HARBOR BOATS, CABLE SHIPS, AND ARMY AND NAVY TRANSPORTS?

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE ANSWER TO QUESTION 1.

(5) IF QUESTION (4) ABOVE IS ANSWERED IN THE AFFIRMATIVE, ARE SUCH PERSONNEL ENTITLED TO SEA DUTY PAY WHILE ON LEAVE OR FURLOUGH ON SHORE OR WHILE IN THE HOSPITAL ON SHORE?

THE FIRST PART OF THIS QUESTION IS ANSWERED IN THE NEGATIVE. SEE THIRD PARAGRAPH OF SYLLABUS QUOTED IN THE ANSWER TO QUESTION 3 ABOVE. UPON DETACHMENT FROM THE VESSEL FOR ADMISSION TO A HOSPITAL THE RIGHT TO SEA DUTY PAY CEASES.

(6) OFFICERS AND ENLISTED MEN OF THE FLYING FORCES ARE NOW STATIONED IN ALASKA AND MAKE RECONNAISSANCE FLIGHTS FROM THEIR BASES IN ALASKA; UNDER THE TERMS OF THE ABOVE ACT SUCH PERSONNEL ARE ENTITLED TO THE ADDITIONAL PAY FOR FOREIGN SERVICE. HOWEVER, THERE ARE OTHER MEMBERS OF THE ARMY AIR FORCES STATIONED ON THE WEST COAST IN THE STATE OF WASHINGTON AT BASES CLOSE TO THE CANADIAN LINE WHO PERFORM EXACTLY SIMILAR RECONNAISSANCE FLIGHTS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES FROM THEIR BASES IN THE UNITED STATES, AND IN SOME CASES IN CONJUNCTION WITH PERSONNEL STATIONED OUTSIDE THE UNITED STATES: (A) ARE SUCH PERSONNEL CONSIDERED TO BE ON DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES WHEN MAKING SUCH FLIGHTS, IF THE FLIGHTS ARE COMPLETED ON THE SAME DAY? (B) ARE THEY ENTITLED TO THE ADDITIONAL PAY IF THE PERIOD OF THE FLIGHT EXTENDS FOR MORE THAN ONE DAY? THESE QUESTIONS ALSO ARISE IN CONNECTION WITH ARMY AIR FORCE PERSONNEL STATIONED ON THE EAST COAST WHO MAKE PATROL OR RECONNAISSANCE FLIGHTS FROM THEIR COASTAL BASES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES.

WHILE, AS STATED IN THE ANSWER TO QUESTION 1, THE LANGUAGE OF SECTION 18 OF THE ACT OF MAY 7, 1942, IS SOMEWHAT DIFFERENT THAN THE LANGUAGE CONTAINED IN THE LAWS PROVIDING FOR INCREASES IN PAY INCIDENT TO SEA DUTY AND FOREIGN SERVICE IN EFFECT PRIOR TO JULY 1, 1922, FOR PURPOSES OF SECTION 18 THE WELL-KNOWN MEANING OF ITS TERMS AND THE CONDITIONS REQUIRED TO PLACE A PERSON WITHIN THE BENEFIT OF THE SECTION BASED UPON THE INTERPRETATION OF THE COURTS AND THE ACCOUNTING OFFICERS OF THE GOVERNMENT WERE UNDOUBTEDLY UNDERSTOOD BY THE CONGRESS DURING CONSIDERATION OF H.R. 6446, WHICH BECAME THE ACT OF MARCH 7, 1942. IN 23 COMP. DEC. 82 IT WAS HELD, QUOTING FROM THE SYLLABUS:

OFFICERS AND ENLISTED MEN OF THE ARMY REGULARLY STATIONED IN THE CANAL ZONE ARE NOT ENTITLED TO FOREIGN-SERVICE PAY FOR DUTY OCCASIONALLY PERFORMED BY THEM IN THE REPUBLIC OF PANAMA WHEN SUCH DUTY, SUCH AS MANEUVER OPERATIONS, RECONNAISSANCE, ETC., IS MERELY INCIDENTAL TO THEIR REGULAR DUTY IN THE CANAL ZONE. IN THE COURSE OF THE DECISION, IT WAS STATED AT PAGE 83:

IN THE DECISION OF THIS OFFICE OF NOVEMBER 20, 1913 (20 COMP. DEC. 333, 335) IT WAS SAID, IN EFFECT, THAT ADDITIONAL COMPENSATION FOR FOREIGN SERVICE IS PROVIDED NOT BECAUSE OF ANY ASSUMED DIFFERENCE IN THE CHARACTER OF THE SERVICE TO BE PERFORMED, BUT BECAUSE THE FOREIGN SERVICE ENTAILS THE MEETING OF DIFFERENT LIVING CONDITIONS. IT HAS BEEN HELD ALSO THAT FOREIGN-SERVICE PAY IS NOT PAYABLE FOR DUTY IN A FOREIGN COUNTRY WHERE SUCH DUTY IS OF A TEMPORARY CHARACTER AND INCIDENT TO ANOTHER ASSIGNMENT (73 MS COMP. DEC. 87, APRIL 7, 1915).

SEE ALSO DECISION B-25412, DATED MAY 2, 1942, 21 COMP. GEN. 972, TO THE SECRETARY OF THE NAVY, WHERE IT WAS SAID THAT DUTY PERFORMED BY NAVAL OFFICERS IN AIRCRAFT ORGANIZATIONS OPERATING FROM SHORE STATIONS IN CONTINENTAL UNITED STATES, EVEN THOUGH THE ORGANIZATION IS "ASSIGNED TO FORCES AFLOAT" IS NOT SERVICE WHILE ON SEA DUTY WITHIN THE MEANING OF SECTION 18 OF THE ACT OF MARCH 7, 1942. ACCORDINGLY, THE QUESTIONS ARE ANSWERED IN THE NEGATIVE.

(7) IN THE CASE OF AN ENLISTED MAN RATED AS AIR MECHANIC, FIRST CLASS, OR AIR MECHANIC, SECOND CLASS, IS THE 20 PERCENT INCREASE FOR FOREIGN SERVICE COMPUTED ON THE BASE PAY ACTUALLY HELD BY THE ENLISTED MAN OR ON THE BASE PAY OF THE GRADE TO WHICH HE IS ENTITLED IN VIEW OF HIS RATING AS AIR MECHANIC?

SECTION 2 OF THE ACT OF JULY 2, 1926, 44 STAT. 780, 781, 10 U.S.C. 291G, AMENDED SECTION 13A OF THE NATIONAL DEFENSE ACT BY PROVIDING:

ENLISTED MEN OF THE FOURTH, FIFTH, SIXTH, AND SEVENTH GRADES IN THE AIR CORPS WHO HAVE DEMONSTRATED THEIR FITNESS AND SHOWN THAT THEY POSSESS THE NECESSARY TECHNICAL QUALIFICATIONS THEREFOR AND ARE ENGAGED UPON THE DUTIES PERTAINING THERETO MAY BE RATED AS AIR MECHANICS, FIRST CLASS, OR AIR MECHANICS, SECOND CLASS, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. EACH ENLISTED MAN WHILE HOLDING THE RATING OF AIR MECHANIC, FIRST CLASS, AND PERFORMING THE DUTIES AS SUCH SHALL RECEIVE THE PAY OF THE SECOND GRADE, AND EACH ENLISTED MAN WHILE HOLDING THE RATING OF AIR MECHANIC, SECOND CLASS, AND PERFORMING THE DUTIES AS SUCH SHALL RECEIVE THE PAY OF THE THIRD GRADE: * * *

THE ABOVE PROVISION FIXES THE PAY OF AIR MECHANICS AT THE RATES PRESCRIBED BY SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629 (AS AMENDED BY SECTION 12A OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 895), FOR THE SECOND AND THIRD GRADES AND NOT THE GRADES IN WHICH THEY WERE SERVING WHEN RATED. THE PAY OF AIR MECHANICS IS THAT OF THE SECOND AND THIRD GRADES AND NOT THAT OF THE FOURTH, FIFTH, SIXTH, OR SEVENTH GRADES, SERVICE IN THE LATTER GRADES BEING MERELY A CONDITION PRECEDENT FOR THE RATING OF AIR MECHANICS. THE PAY OF THE SECOND OR THIRD GRADE TO WHICH ENTITLED INCIDENT TO THE RATING OF AIR MECHANICS REPRESENTS THE BASE PAY UPON WHICH INCREASES SHOULD BE COMPUTED UNDER SECTION 18 OF THE ACT OF MARCH 7, 1942.