B-4933, AUGUST 2, 1939, 19 COMP. GEN. 140

B-4933: Aug 2, 1939

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE SAID REQUIREMENTS ARE SUBSEQUENTLY MET WITHIN THE THREE- MONTH PERIOD ALLOWED. ENLISTED MEN WHO ARE IN A FLIGHT PAY STATUS AND WHERE COMPUTATION AND PAYMENT OF EXCHANGE RELIEF ARE AUTHORIZED TO BE MADE AT A TIME OTHER THAN THE END OF THE CALENDAR MONTH. OR ENLISTED MAN UNDER HIS COMMAND WHO IS ENTITLED TO FLIGHT PAY FOR THE MONTH. AS NO PAY IS DUE UNTIL THE END OF THE CALENDAR MONTH. THE PERFORMANCE OF FLIGHTS PREVIOUS TO DETACHMENT AND THE CERTIFICATE COVERING THEM IN THE "AVIATOR'S FLIGHT LOG BOOK" WILL ENABLE THE NEXT COMMANDING OFFICER TO FURNISH . 1FLIGHT CERTIFICATE AND SCHEDULE FOR THE MONTH IN WHICH THE DETACHMENT OCCURRED. * * *" F-12 "/A) IT WILL BE NOTED FROM THE FOREGOING THAT FLIGHT PAY MUST BE EARNED BEFORE IT CAN BE PAID.

B-4933, AUGUST 2, 1939, 19 COMP. GEN. 140

EXCHANGE - LOSS BY - FLIGHT PAY - NAVY PERSONNEL ON VESSEL DEPARTING FROM FOREIGN WATERS WHERE A NAVY OFFICER, WARRANT OFFICER, OR ENLISTED MAN SERVING UNDER FLIGHT ORDERS ON A VESSEL WHICH DEPARTS FROM FOREIGN WATERS OTHER THAN AT THE END OF A MONTH, HAS MET THE FLIGHT REQUIREMENTS FOR THE ENTIRE MONTH. HE MAY BE PAID EXCHANGE RELIEF UNDER THE ACT OF MARCH 26, 1934, 48 STAT. 466, AS AMENDED, AND APPLICABLE REGULATIONS, ON FLIGHT PAY TO THE DAY OF SAID DEPARTURE, THE EXCHANGE RELIEF TO BE COMPUTED ON THE DISBURSING OFFICER'S DEPARTURE, THE EXCHANGE RELIEF TO BE COMPUTED ON THE DISBURSING OFFICER'S COST RATE ON THE DATE OF SAID DEPARTURE. WHERE A NAVY OFFICER, WARRANT OFFICER, OR ENLISTED MAN SERVING UNDER FLIGHT ORDERS ON A VESSEL WHICH DEPARTS FROM FOREIGN WATERS OTHER THAN AT THE END OF THE MONTH HAS NOT MET THE FLIGHT REQUIREMENTS FOR THE ENTIRE MONTH, BUT THE SAID REQUIREMENTS ARE SUBSEQUENTLY MET WITHIN THE THREE- MONTH PERIOD ALLOWED, HE MAY BE PAID EXCHANGE RELIEF UNDER THE ACT OF MARCH 26, 1934, 48 STAT. 466, AS AMENDED, AND APPLICABLE REGULATIONS, ON FLIGHT PAY TO THE DAY OF SAID DEPARTURE, THE EXCHANGE RELIEF TO BE COMPUTED ON THE DISBURSING OFFICER'S COST RATE ON THE DATE OF SAID DEPARTURE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, AUGUST 2, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 13, 1939, AS FOLLOWS:

THE QUESTION HAS ARISEN IN THE NAVY DEPARTMENT AS TO THE COMPUTATION OF EXCHANGE RELIEF IN THE CASE OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN WHO ARE IN A FLIGHT PAY STATUS AND WHERE COMPUTATION AND PAYMENT OF EXCHANGE RELIEF ARE AUTHORIZED TO BE MADE AT A TIME OTHER THAN THE END OF THE CALENDAR MONTH.

THE PERTINENT INSTRUCTIONS ON THIS SUBJECT, AS CONTAINED IN PARAGRAPHS F- 11 (C) AND F-12 (A), APPENDIX A, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDE:

F-11 "/C) ON THE LAST DAY OF EACH MONTH THE COMMANDING OFFICER SHALL FURNISH THE DISBURSING OFFICER WITH A "1FLIGHT CERTIFICATE AND SCHEDULE" ( STANDARD FORM 1051) FOR EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN UNDER HIS COMMAND WHO IS ENTITLED TO FLIGHT PAY FOR THE MONTH. IN THE CASE OF AN OFFICER, WARRANT OFFICER, OR NAVAL AVIATION PILOT, DETACHED FROM DUTY PRIOR TO EXPIRATION OF THE MONTH NO CERTIFICATE SHALL BE FURNISHED, AS NO PAY IS DUE UNTIL THE END OF THE CALENDAR MONTH. THE PERFORMANCE OF FLIGHTS PREVIOUS TO DETACHMENT AND THE CERTIFICATE COVERING THEM IN THE "AVIATOR'S FLIGHT LOG BOOK" WILL ENABLE THE NEXT COMMANDING OFFICER TO FURNISH ,1FLIGHT CERTIFICATE AND SCHEDULE FOR THE MONTH IN WHICH THE DETACHMENT OCCURRED. * * *"

F-12 "/A) IT WILL BE NOTED FROM THE FOREGOING THAT FLIGHT PAY MUST BE EARNED BEFORE IT CAN BE PAID, AND IN THE CASE OF OFFICERS, WARRANT OFFICERS, OR NAVAL AVIATION PILOTS, NO FLIGHT PAY IS TO BE CREDITED EXCEPT AT THE END OF A MONTH. WHERE THE FLIGHT REQUIREMENTS (PAR. 10) ARE NOT MET UNTIL THE SECOND MONTH THE FLIGHT CERTIFICATE SHALL BE MADE TO COVER TWO MONTHS; SIMILARLY, WHEN THE FLIGHT REQUIREMENTS (PAR. 10) ARE NOT MET UNTIL THE THIRD MONTH, THE FLIGHT CERTIFICATE SHALL COVER THREE MONTHS.

THE INSTRUCTIONS GOVERNING REIMBURSEMENT FOR LOSSES SUSTAINED DUE TO APPRECIATION OF FOREIGN CURRENCIES, AS PUBLISHED IN CIRCULAR LETTER OF THE SECRETARY OF THE NAVY, DATED OCTOBER 8, 1938, FILE P16-3 (9) (381008), PROVIDE:

"2. REIMBURSEMENT FOR LOSSES SUSTAINED BY OFFICERS, NURSES, ENLISTED MEN, AND CIVIL EMPLOYEES SERVING UNDER THE NAVY DEPARTMENT IN FOREIGN COUNTRIES DUE TO APPRECIATION OF FOREIGN CURRENCIES IN THEIR RELATION TO THE AMERICAN DOLLAR AUTHORIZED BY REFERENCES (A) AND (B) ( ACT OF MARCH 26, 1934, 48 STAT. 466, AS AMENDED BY ACT OF AUGUST 14, 1937, 50 STAT. 641; EXECUTIVE ORDER NO. 7972, DATED SEPTEMBER 15, 1938)WILL BE MADE UNDER THE FOLLOWING INSTRUCTIONS, USING THE FOLLOWING DEFINITIONS IN ADDITION TO THOSE MADE IN REFERENCE (B) ( EXECUTIVE ORDER NO. 7972, DATED SEPTEMBER 15, 1938):

"/A)"VESSELS STATIONED IN FOREIGN WATERS" MEANS FROM THE DATE OF ARRIVAL IN A FOREIGN PORT FROM U.S. WATERS TO THE DATE OF DEPARTURE FROM A FOREIGN PORT FOR U.S. WATERS. WATERS CONTIGUOUS TO U.S. POSSESSIONS ARE U.S. WATERS.

"/C) "NET PAY AND ALLOWANCES" MEANS THE EMPLOYEE'S FULL PAY, INCLUDING EXTRA OR ADDITIONAL PAY, AND ALL ALLOWANCES (OTHER THAN THOSE FURNISHED IN KIND) LESS DEDUCTIONS FOR HOSPITAL FUND, ALLOTMENTS. CLOTHING, CIVIL SERVICE RETIREMENT FUND, AND ALL SUNDRY CHECK AGES OF WHATEVER NATURE, EXCEPT AS PROVIDED IN PARAGRAPHS 3 AND 4 OF THESE INSTRUCTIONS.

"7. REIMBURSEMENT FOR LOSSES FROM AND INCLUDING 1 APRIL 1934 WILL BE MADE AS FOLLOWS:

"PAY-ROLL CREDITS MILITARY.--- COMPUTE THE "NET PAY AND ALLOWANCES," AS DEFINED IN PARAGRAPH 2 (C), FOR THE PERIOD DURING WHICH THE EMPLOYEE IS ENTITLED TO RELIEF. MULTIPLY THE "NET PAY AND ALLOWANCES" BY THE PERCENTAGE OF LOSS SUSTAINED. THE RESULT IS THE AMOUNT TO BE CREDITED ON PAY ROLLS AND PAY VOUCHERS. THE PERCENTAGE OF LOSS SUSTAINED IS TO BE OBTAINED AS DIRECTED IN SPECIMEN, EXCHANGE RELIEF VOUCHER. (SEE PARAGRAPH 11) BASIC RATES, COST RATES (AND BANK RATES IN THE CASE OF NAVAL ATTACHES), USED IN COMPUTING THE ABOVE CREDIT WILL BE THOSE IN EFFECT FOR THE FOREIGN COUNTRY IN WHICH THE EMPLOYEE IS SERVING ON THE LAST DAY OF THE MONTH CONCERNED, OR ON DATE OF TRANSFER OR DISCHARGE, OR ON THE DATE OF DEPARTURE OF A VESSEL FROM "SERVICE IN FOREIGN COUNTRIES.' * * * COMPUTATION OF RELIEF AND THE CREDIT THEREOF WILL BE MADE AT THE END OF EACH MONTH, EXCEPT UNDER THE FOLLOWING CONDITIONS, IN WHICH CASES COMPUTATION AND CREDIT WILL BE MADE AS OF THE DATE OF SUCH OCCURRENCE: (A) DEPARTURE OF A VESSEL FROM "SERVICE IN FOREIGN COUNTRIES; " (B) TRANSFER OR DISCHARGE OF AN EMPLOYEE.

"9. THE DISBURSING OFFICERS' COST RATE, EXCEPT IN THE CASE OF NAVAL ATTACHES, FOR THE PURPOSE OF COMPUTING EXCHANGE RELIEF WITHIN THE MEANING OF THESE INSTRUCTIONS IS:

"THE RATE AT WHICH THE DISBURSING OFFICER IS ACCOUNTABLE FOR FOREIGN CURRENCY ON THE LAST DAY OF THE MONTH (OR OTHER COMPUTATION DATE AS PROVIDED IN THESE INSTRUCTIONS). * * *"

IN CONNECTION WITH THE FOREGOING, YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

(A) WHERE AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN SERVING UNDER FLIGHT ORDERS ON A VESSEL WHICH DEPARTS FROM FOREIGN WATERS OTHER THAN AT THE END OF A MONTH, AS FOR EXAMPLE, ON THE 20TH OF THE MONTH, AND FLIGHT REQUIREMENTS FFOR THE ENTIRE MONTH HAVE BEEN MET, MAY THE CREDIT AND PAYMENT OF EXCHANGE RELIEF INCLUDE FLIGHT PAY TO THE 20TH OF THE MONTH?

(B) IN THE CASE OF AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN SERVING ON A VESSEL WHICH DEPARTS FROM FOREIGN WATERS ON THE 20TH OF THE MONTH AND FLIGHT REQUIREMENTS HAVE NOT BEEN MET BUT WHERE THE FLIGHT REQUIREMENTS ARE SUBSEQUENTLY MET WITHIN THE THREE MONTHS' PERIOD ALLOWED, IS SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN ENTITLED TO EXCHANGE RELIEF BETWEEN THE FIRST AND THE 20TH OF THE MONTH INVOLVED? IF EXCHANGE RELIEF IS PAYABLE IN THIS CASE IS IT BASED ON THE DISBURSING OFFICER'S COST RATE ON THE 20TH OF THE MONTH (THE DATE ON WHICH THE VESSEL DEPARTED FROM FOREIGN WATERS) AS PRESCRIBED IN PARAGRAPH 9 OF THE CIRCULAR LETTER OF THE SECRETARY OF THE NAVY, DATED OCTOBER 8, 1938, SUPRA?

UNDER PROVISIONS OF SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AND PARAGRAPH 10 OF THE EXECUTIVE ORDER NO. 5865, OF JUNE 27, 1932, THE CALENDAR MONTH CONSTITUTES THE UNIT FOR DETERMINING THE QUALIFICATION FOR ADDITIONAL PAY FOR FLYING. WHEN THE MINIMUM OF FLYING REQUIRED TO QUALIFY FOR A PARTICULAR MONTH IS NOT MET DURING THAT MONTH, NORMALLY IT MAY BE MET AT ANY TIME DURING THE 2 MONTHS NEXT FOLLOWING AND WHEN SO MET THE INCREASED PAY ATTACHES AS IF THE FLIGHT REQUIREMENT HAD BEEN MET CURRENTLY (16 COMP. GEN. 134). ALTHOUGH RIGHT TO FLYING PAY IN QUESTION (B) IS NOT ABSOLUTE WHEN THE VESSEL DEPARTS FROM FOREIGN WATERS BUT CONTINGENT ON FUTURE QUALIFICATIONS, WHEN THE QUALIFICATIONS ARE MET WITHIN THE TIME LIMIT THE RIGHT TO FLIGHT PAY BECOMES ABSOLUTE FOR THAT PERIOD THE SAME AS WHEN THE FLIGHT REQUIREMENTS ARE MET PRIOR TO THE DEPARTURE OF THE VESSEL FROM FOREIGN WATERS AND FLIGHT PAY FOR THE PAY PERIOD BECOMES PAY EARNED WHILE SERVING ON A VESSEL STATIONED IN FOREIGN WATERS WITHIN THE PURPOSE OF THE ACT OF MARCH 26, 1934, 48 STAT. 466, AS AMENDED.

ACCORDINGLY, BOTH QUESTIONS (A) AND (B) ARE ANSWERED IN THE AFFIRMATIVE AND THE EXCHANGE RELIEF IN EACH CASE IS REQUIRED TO BE COMPUTED ON THE DISBURSING OFFICER'S COST RATE ON DATE THE VESSEL DEPARTS FROM FOREIGN WATERS.