B-45709, FEBRUARY 3, 1945, 24 COMP. GEN. 585

B-45709: Feb 3, 1945

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1945: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH A COPY OF PROPOSED NEW ARTICLE D-5332. THE CHIEF OF NAVAL PERSONNEL HAS ADVISED THE SECRETARY OF THE NAVY THAT THE PURPOSE OF THE NEW ARTICLE D-5332 IS TO ESTABLISH A SPECIAL DESIGNATION. MEN SO QUALIFIED AND ASSIGNED WILL RECEIVE ADDITIONAL COMPENSATION UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9210 OF AUGUST 1. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT CURRENT NAVAL APPROPRIATIONS MAY BE CONSIDERED LEGALLY AVAILABLE FOR PAYMENT OF EXTRA COMPENSATION TO ENLISTED MEN DESIGNATED AS " EXPERT BATTLE LOOKOUTS" WHEN SO STATIONED BY THEIR COMMANDING OFFICER AS TO BE REQUIRED TO USE "BINOCULARS" OR "BATTLE TELEPHONES.'.

B-45709, FEBRUARY 3, 1945, 24 COMP. GEN. 585

PAY - ADDITIONAL - SPECIAL QUALIFICATIONS IN USE OF ARMS - EXPERT BATTLE LOOKOUTS REQUIRED TO USE BINOCULARS AND BATTLE TELEPHONES THE ADDITIONAL COMPENSATION PRESCRIBED FOR NAVY ENLISTED MAN BY EXECUTIVE ORDER NO. 9210, PURSUANT TO SECTION 16 OF THE PAY READJUSTMENT ACT OF 1942, FOR SPECIAL QUALIFICATIONS "IN THE USE OF THE ARMS WHICH THEY MAY BE REQUIRED TO USE" MAY NOT BE PAID TO " EXPERT BATTLE LOOKOUTS" REQUIRED TO USE BINOCULARS OR BATTLE TELEPHONES, THERE BEING NO RELATIONSHIP BETWEEN THE QUALIFICATIONS PRESCRIBED FOR LOOKOUTS (MENTAL ALERTNESS, AIRCRAFT AND VESSEL RECOGNITION, ETC.) AND THE PROFICIENT USE OF BINOCULARS OR TELEPHONES OR ANY MECHANISM CONNECTED WITH THE OPERATION OF AN ARM OF A VESSEL, OR ANY MECHANISM CONNECTED WITH THE OPERATION OF AN ARM OF A VESSEL, ASIDE FROM THE FACT THAT BINOCULARS AND TELEPHONES AR NOT GENERALLY REGARDED AS "ARMS.'

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, FEBRUARY 3, 1945:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1944, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH A COPY OF PROPOSED NEW ARTICLE D-5332, BUREAU OF NAVAL PERSONNEL MANUAL, AND PROPOSED CHANGES IN ARTICLE D 5312 OF SAID MANUAL, RELATIVE TO THE DESIGNATION OF QUALIFIED ENLISTED MEN AS " EXPERT BATTLE LOOKOUTS" AND THEIR RIGHT TO PAYMENT OF ADDITIONAL COMPENSATION WHILE SO DESIGNATED AND STATIONED BY THEIR COMMANDING OFFICER AS TO BE REQUIRED TO USE "BINOCULARS" OR "BATTLE TELEPHONES.'

THE CHIEF OF NAVAL PERSONNEL HAS ADVISED THE SECRETARY OF THE NAVY THAT THE PURPOSE OF THE NEW ARTICLE D-5332 IS TO ESTABLISH A SPECIAL DESIGNATION. BY THE AMENDMENT OF ARTICLE D-5312, MEN SO QUALIFIED AND ASSIGNED WILL RECEIVE ADDITIONAL COMPENSATION UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9210 OF AUGUST 1, 1942.

IN CONNECTION WITH THE FOREGOING, YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT CURRENT NAVAL APPROPRIATIONS MAY BE CONSIDERED LEGALLY AVAILABLE FOR PAYMENT OF EXTRA COMPENSATION TO ENLISTED MEN DESIGNATED AS " EXPERT BATTLE LOOKOUTS" WHEN SO STATIONED BY THEIR COMMANDING OFFICER AS TO BE REQUIRED TO USE "BINOCULARS" OR "BATTLE TELEPHONES.'

THE PROPOSED NEW ARTICLE TO THE BUREAU OF NAVAL PERSONNEL MANUAL IS AS FOLLOWS:

ART. D-5332. EXPERT BATTLE LOOKOUTS.

(1) GENERAL.--- ENLISTED MEN WHO ARE QUALIFIED IN ACCORDANCE WITH PARAGRAPH (2) OF THIS ARTICLE MAY BE GIVEN THE DESIGNATION OF EXPERT BATTLE LOOKOUT. THE DESIGNATION OF EXPERT BATTLE LOOKOUT HAS NO CONNECTION WITH THE RATING STRUCTURE OF THE NAVY, AS BOTH RATED AND NON- RATED MEN MAY ATTAIN THIS DESIGNATION. EXPERT BATTLE LOOKOUTS SHALL RECEIVE EXTRA COMPENSATION FOR THIS DESIGNATION, AS INDICATED IN ARTICLED- 5312 (1) (D) AND AS RESTRICTED BY ARTICLE D-5322, AND ARE ENTITLED TO WEAR AUTHORIZED DISTINGUISHING MARKS DURING THE PERIOD OF DESIGNATION. ENTRY SHALL BE MADE IN A MAN'S SERVICE RECORD WHEN HE HAS BEEN AWARDED THIS DESIGNATION. IF IT IS REVOKED, ENTRY SHALL BE MADE IN THE SERVICE RECORD TO THAT EFFECT, WITH A BRIEF STATEMENT OF THE CIRCUMSTANCES.

(2) QUALIFICATIONS.--- EXPERT BATTLE LOOKOUTS SHALL BE MENTALLY ALERT AND HAVE MEMORY SUFFICIENT FOR REPEATING ORDERS AND COMMANDS OF MODERATE LENGTH, AND IN ADDITION SHALL MEET THE QUALIFICATIONS AS LISTED BELOW.

(3) RETESTING.--- EXPERT BATTLE LOOKOUTS SHALL BE RETESTED ON AND MEET THE REQUIREMENTS OF SECTION (2) (D) (ABOVE) QUARTERLY, OR THEY SHALL LOSE THEIR SPECIAL DESIGNATION; AND THOSE WHO MOVE FROM ONE OPERATIONAL AREA TO ANOTHER, FOR ANY CAUSE, SHALL, WITHIN A REASONABLE LENGTH OF TIME AFTER SUCH MOVE, BE TESTED ON AND SATISFY THE REQUIREMENTS OF SECTION (2) (D) (ABOVE) IN REFERENCE TO THEIR NEW AREA, OR HAVE THEIR SPECIAL DESIGNATION REVOKED.

(4) NON-ASSIGNMENT AS BATTLE LOOKOUT.--- ANY MAN WHO HAS RECEIVED THE DESIGNATION OF EXPERT BATTLE LOOKOUT BUT WHO, SUBSEQUENTLY, HAS BEEN RELIEVED OF HIS ASSIGNMENT AS LOOKOUT FOR ANY REASON OTHER THAN INEFFICIENT PERFORMANCE OF HIS LOOKOUT DUTIES, SHALL RETAIN SUCH DESIGNATION PROVIDING HE CONTINUES TO QUALIFY, QUARTERLY, UNDER SECTION (2) (D) (ABOVE), BUT HE SHALL NOT RECEIVE EXTRA PAY WHILE NOT ASSIGNED AS LOOKOUT.

(5) INEFFICIENCY.--- DESIGNATION AS EXPERT BATTLE LOOKOUT SHALL BE REVOKED BY THE COMMANDING OFFICER IF A MAN SHALL PROVE TO BE INEFFICIENT IN THE PERFORMANCE OF HIS LOOKOUT DUTIES.

(6) EXAMINATION BOARD.--- EXAMINATION SHALL BE CONDUCTED BY A BOARD COMPOSED OF THREE COMMISSIONED OFFICERS APPOINTED BY THE COMMANDING OFFICER. EXAMINATIONS SHALL BE THOROUGH AND SHALL COVER EACH ITEM LISTED UNDER THE QUALIFICATION REQUIREMENTS.

THE FOLLOWING CHANGES IN THE MANUAL AND INDEX ARE PROPOSED:

CHANGE IN BUREAU OF NAVAL PERSONNEL MANUAL.

ARTICLE D-5312 (1) (D).

ADD AS AN ADDITIONAL LINE, AFTER "AIRCRAFT MACHINE GUNNER, SECOND CLASS," THE FOLLOWING: " EXPERT BATTLE LOOKOUT.'

CHANGES IN INDEX:

PAGE 297 AFTER "BARBERS, DETAIL OF MEN AS" INSERT "BATTLE LOOKOUTS, EXPERT, QUALIFICATIONS--- D-5332.'

PAGE 301 BETWEEN LINES 3 AND 4 INSERT "EXPERT BATTLE LOOKOUTS, QUALIFICATIONS--- D-5332.'

SECTION 16 OF THE ACT OF JUNE 16, 1942, 56 STAT. 368, PROVIDES:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD MAY RECEIVE ADDITIONAL COMPENSATION NOT LESS THAN $1 NOR MORE THAN $5 PER MONTH, FOR SPECIAL QUALIFICATION IN THE USE OF THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE.

EXECUTIVE ORDER 9210, AUGUST 1, 1942, PROVIDES:

BY VIRTUE OF AND PURSUANT TO THE AUTHORITY VESTED IN ME BY SECTION 16 OF THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942 ( PUBLIC LAW NO. 607-77TH CONGRESS), IT IS HEREBY ORDERED THAT ENLISTED MEN OF THE NAVY AND COAST GUARD WHO HAVE ESTABLISHED THEIR SPECIAL QUALIFICATIONS IN THE USE OF THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE, ACCORDING TO STANDARDS OF EFFICIENCY THAT MAY BE PRESCRIBED FROM TIME TO TIME BY THE SECRETARY OF THE NAVY, AND WHO ARE SO STATIONED BY THEIR COMMANDING OFFICERS THAT THEY MAY BE REQUIRED TO USE SUCH ARM OR ARMS, INCLUDING PERIODS WHILE TRANSFERRED FOR TEMPORARY DUTY AWAY FROM THE SHIP TO WHICH PERMANENTLY ATTACHED (PROVIDED THE COMMANDING OFFICER OF THE SHIP TO WHICH THEY ARE PERMANENTLY ATTACHED HAS RETAINED THEM IN THE BATTLE STATIONS WHERE THEY NORMALLY USE SUCH ARM OR ARMS), SHALL RECEIVE ADDITIONAL COMPENSATION, UNDER SUCH REGULATIONS AND CONDITIONS AND FOR SUCH PERIODS OF TIME AS ARE NOW OR MAY HEREAFTER BE PRESCRIBED BY THE SECRETARY OF THE NAVY AS FOLLOWS:

FIRST CLASS----------------------------------------$5.00 PER MONTH

SECOND CLASS--------------------------------------- 4.00 PER MONTH

THIRD CLASS---------------------------------------- 3.00 PER MONTH

FOURTH CLASS--------------------------------------- 2.00 PER MONTH

FIFTH CLASS---------------------------------------- 1.00 PER MONTH

EXECUTIVE ORDER NO. 8040 OF JANUARY 25, 1939, PRESCRIBING REGULATIONS GOVERNING THE PAYMENT OF ADDITIONAL COMPENSATION TO ENLISTED MEN OF THE NAVY SPECIALLY QUALIFIED IN THE USE OF ARMS, IS HEREBY SUPERSEDED.

THIS ORDER SHALL TAKE EFFECT AS OF JUNE 1, 1942.

ARTICLE D-5312 OF THE CURRENT BUREAU OF NAVAL PERSONNEL MANUAL SETS UP THE FOLLOWING CLASSES OF ENLISTED MEN AS ENTITLED, UNDER THE ABOVE STATUTE AND EXECUTIVE ORDER, TO EXTRA COMPENSATION FOR USE OF ARMS:

(A) FIRST CLASS----------------------------------- $5.00

SPOTTERS AND RANGEKEEPER OPERATORS, FIRST CLASS.

GUN POINTERS, FIRST CLASS.

GUN DIRECTOR POINTERS, FIRST CLASS (POINTERS, TRAINERS).

GUN RANGE-FINDER OPERATORS.

GUN CAPTAINS, FIRST CLASS.

TORPEDO DATA COMPUTER OPERATORS, FIRST CLASS.

MASTER HORIZONTAL BOMBER.

AIRCRAFT MACHINE GUNNER, FIRST CLASS.

SOUND OPERATORS (EXCEPT RATED SOUNDMEN).

RADAR OPERATORS (EXCEPT RATED RADARMEN).

(B) SECOND CLASS---------------------------------- $4.00

GUN POINTERS, SECOND CLASS.

GUN DIRECTOR POINTERS, SECOND CLASS (POINTERS, TRAINERS).

(C) THIRD CLASS----------------------------------- 3.00

RANGEKEEPER OPERATORS, SECOND CLASS.

GUN CAPTAINS, SECOND CLASS (NONRATED MEN).

GUN DIRECTOR POINTERS (LEVELERS), FIRST CLASS.

GUN DIRECTOR POINTERS (CROSS LEVELERS), FIRST CLASS.

EXPERT RIFLEMEN.

EXPERT PISTOL SHOT, EXCEPT THAT NO MAN MAY DRAW EXTRA

COMPENSATION FOR BOTH A RIFLE AND A PISTOL QUALIFICATION.

HORIZONTAL BOMBER, FIRST CLASS.

(D) FOURTH CLASS---------------------------------- 2.00

GUN CAPTAINS, SECOND CLASS (RATED MEN).

GUN DIRECTOR POINTERS (SIGHT SETTERS), FIRST AND SECOND CLASS.

GUN DIRECTOR POINTERS (LEVELERS), SECOND CLASS.

GUN DIRECTOR POINTERS (CROSS LEVELERS), SECOND CLASS.

AIRCRAFT MACHINE GUNNER, SECOND CLASS.

(E) FIFTH CLASS----------------------------------- 1.00

RIFLE SHARPSHOOTERS.

THE EFFECT OF THE PROPOSED NEW ARTICLE AND CHANGES WOULD BE TO ALLOW ENLISTED MEN DESIGNATED AS ,EXPERT BATTLE LOOKOUTS" $2 PER MONTH ADDITIONAL COMPENSATION WHEN SO STATIONED BY THEIR COMMANDING OFFICER AS TO BE REQUIRED TO USE BINOCULARS OR BATTLE TELEPHONES.

SECTION 18 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, PROVIDED:

THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD MAY RECEIVE ADDITIONAL COMPENSATION NOT LESS THAN $1 OR MORE THAN $5 PER MONTH, FOR SPECIAL QUALIFICATION IN THE USE OF THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE. ALL LAWS AND PARTS OF LAWS AUTHORIZING EXTRA PAY FOR QUALIFICATION IN THE USE OF ARMS OR INSTRUMENTS, OR FOR HOLDING RATED POSITIONS, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ARE HEREBY REPEALED, TO TAKE EFFECT JULY 1, 1922.

THE LAST SENTENCE OF THE ABOVE SECTION REPEALED INTER ALIA THE PROVISIONS OF THE ACT OF MAY 12, 1917, 40 STAT. 45, GRANTING ADDITIONAL PAY TO ENLISTED MEN OF THE ARMY QUALIFIED AS MARKSMEN, SHARPSHOOTERS, RIFLEMEN, GUNNERS, OBSERVERS, CASE MATE ELECTRICIANS, COXSWAINS, ETC., AND ALSO, THE PROVISIONS OF THE ACT OF JUNE 9, 1918, 40 STAT. 890, GRANTING ADDITIONAL PAY TO ENLISTED MEN OF THE ARMY QUALIFIED AS MILITARY TELEGRAPHERS. OTHER WORDS, PRIOR LAWS PROVIDING ADDITIONAL COMPENSATION FOR MEN QUALIFIED IN THE USE OF AN ARM OR ARMS AND INSTRUMENTS WERE SUPERSEDED BY SECTION 18 SUPRA, WHICH PROVIDED ADDITIONAL COMPENSATION ONLY FOR ENLISTED MEN QUALIFIED IN THE USE OF "THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE.'

IT APPEARS CLEAR FROM THE REPEAL OF PRIOR LAWS WHICH AUTHORIZED ADDITIONAL COMPENSATION TO ENLISTED MEN FOR QUALIFICATION IN THE USE OF BOTH ARMS AND INSTRUMENTS, AND THE CONTEMPORANEOUS ENACTMENT OF A PROVISION FOR THE PAYMENT OF COMPENSATION FOR SPECIAL QUALIFICATION IN THE USE OF ARM OR ARMS, ONLY, WHICH THEY MAY BE REQUIRED TO USE, HAD FOR ITS PURPOSE THE PROHIBITION AGAINST THE PAYMENT OF SUCH ADDITIONAL COMPENSATION THEREAFTER EXCEPT TO MEN WHO WERE SPECIALLY QUALIFIED IN THE USE OF THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE, NECESSARILY EXCLUDING ADDITIONAL COMPENSATION FOR QUALIFICATION IN THE USE OF INSTRUMENTS AS DISTINGUISHED FROM ARMS.

SECTION 16 OF THE ACT OF JUNE 16, 1942, SUPRA, REENACTS THE PROVISIONS OF THE ACT OF JUNE 10, 1922, GRANTING QUALIFICATION PAY, AND CONTINUES THE LIMITATION TO MEN SPECIALLY QUALIFIED IN THE USE OF AN ARM OR ARMS.

ASIDE FROM THE FACT THAT BINOCULARS AND TELEPHONES ARE NOT ARMS WITHIN THE GENERALLY ACCEPTED DEFINITION OF THAT TERM, AN EXAMINATION OF THE PRESCRIBED QUALIFICATIONS FOR AN EXPERT BATTLE LOOKOUT DISCLOSES THAT THEY RELATE NOT TO PROFICIENCY IN THE USE OF BINOCULARS OR TELEPHONES OR OF ANY MECHANISM CONNECTED WITH THE OPERATION OF AN ARM ON THE VESSEL, BUT INVOLVE PRIMARILY SUCH ELEMENTS AS MENTAL ALERTNESS, GOOD MEMORY, KNOWLEDGE OF LOOKOUT THEORY AND PRACTICE AND ABILITY TO RECOGNIZE BY NAME AND TYPE OF AIRCRAFT AND BY CLASS AND TYPE OF SHIP THE VARIOUS UNITED STATES, ALLIED AND ENEMY SHIPS AND AIRCRAFT.

ACCORDINGLY, I HAVE TO ADVISE THAT EXPERT BATTLE LOOKOUTS WHO ARE REQUIRED TO USE BINOCULARS OR TELEPHONES MAY NOT BE PAID, UNDER CURRENT NAVAL APPROPRIATIONS, EXTRA COMPENSATION AS FOR ENLISTED MEN SPECIALLY QUALIFIED IN THE USE OF AN ARM OR ARMS.