B-53070, JANUARY 15, 1946, 25 COMP. GEN. 534

B-53070: Jan 15, 1946

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PAY - AVIATION DUTY - FLIGHT DEFICIENCIES DURING FRACTION OF CALENDAR MONTH - THREE-MONTH MAKE-UP PERIOD TERMINATION THE FRACTION OF A CALENDAR MONTH OCCURRING AT THE BEGINNING OF A FLIGHT STATUS IS TO BE CONSIDERED AS THE FIRST MONTH OF THE THREE CONSECUTIVE "CALENDAR" MONTHS' PERIOD PRESCRIBED BY PARAGRAPH 10 (C) OF E ORDER NO. 9195 FOR MAKING UP FLIGHT DEFICIENCIES IN ORDER TO BE ENTITLED TO AVIATION PAY UNDER SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942. WAS COMMISSIONED AN ENSIGN. HIS EXISTING DETAIL TO FLYING DUTY WAS CONTINUED IN EFFECT. THE NATIONAL GUARD SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS.

B-53070, JANUARY 15, 1946, 25 COMP. GEN. 534

PAY - AVIATION DUTY - FLIGHT DEFICIENCIES DURING FRACTION OF CALENDAR MONTH - THREE-MONTH MAKE-UP PERIOD TERMINATION THE FRACTION OF A CALENDAR MONTH OCCURRING AT THE BEGINNING OF A FLIGHT STATUS IS TO BE CONSIDERED AS THE FIRST MONTH OF THE THREE CONSECUTIVE "CALENDAR" MONTHS' PERIOD PRESCRIBED BY PARAGRAPH 10 (C) OF E ORDER NO. 9195 FOR MAKING UP FLIGHT DEFICIENCIES IN ORDER TO BE ENTITLED TO AVIATION PAY UNDER SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, AND, THEREFORE, FLIGHTS PERFORMED SUBSEQUENT TO THE TERMINATION OF THE THREE MONTHS' GRACE PERIOD--- THE LAST DAY OF THE SECOND FULL CALENDAR MONTH NEXT FOLLOWING SUCH FRACTION OF A MONTH--- MAY NOT BE USED TO MAKE UP THE FLIGHT DEFICIENCIES OF SUCH PERIOD, EVEN THOUGH PERFORMED WITHIN THREE MONTHS FROM THE DATE THE FLIGHT STATUS BEGAN.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JANUARY 15, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 9, 1945, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE RIGHT OF ENSIGN EUGENE S. PEER (A1), USNR, TO PAYMENT OF FLIGHT PAY FOR THE PERIOD OCTOBER 25, 1944, TO DECEMBER 31, 1944.

IT APPEARS THAT THE OFFICER, UPON THE COMPLETION OF ACTIVE DUTY UNDERGOING TRAINING AS AN AVIATION CADET, WAS COMMISSIONED AN ENSIGN, A V (N), UNITED STATES NAVAL RESERVE, ON OCTOBER 25, 1944; THAT UPON BEING COMMISSIONED, HIS EXISTING DETAIL TO FLYING DUTY WAS CONTINUED IN EFFECT; THAT HE PERFORMED NO FLIGHTS SUBSEQUENT TO BEING COMMISSIONED UNTIL JANUARY 8, 1945; AND THAT, DURING THE PERIOD JANUARY 8 TO 28, 1945, HE PERFORMED EIGHT FLIGHTS AGGREGATING 26.8 HOURS IN DURATION.

SECTION 18 OF THE ACT OF JUNE 16, 1942, 56 STAT. 368, PROVIDES IN PART:

OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT AND MEMBERS OF THE RESERVE FORCES OF SUCH SERVICES, AND THE NATIONAL GUARD SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AND WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT * * * .

PARAGRAPH 10 OF EXECUTIVE ORDER 9195, JULY 7, 1942, ISSUED PURSUANT TO THE SAID SECTION PROVIDES IN PART:

FOR PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, OR NATIONAL GUARD (WHEN IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES AND WHEN PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED), WHO ARE REQUIRED BY COMPETENT AUTHORITY TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, THE FOLLOWING REQUIREMENTS ARE PRESCRIBED * * *

(A) DURING ONE CALENDAR MONTH. 10 OR MORE FLIGHTS TOTALING AT

LEAST THREE HOURS, OR IN LIEU THEREOF

TO BE IN THE AIR A TOTAL OF AT LEAST

FOUR HOURS.

(B) DURING TWO CONSECUTIVE 20 OR MORE FLIGHTS TOTALING AT

CALENDAR MONTHS, WHEN THE LEAST SIX HOURS, OR IN LIEU THEREOF

REQUIREMENTS OF SUBPARAGRAPH TO BE IN THE AIR A TOTAL OF AT LEAST

(A) ABOVE HAVE NOT BEEN MET. EIGHT HOURS.

(C) DURING THREE CONSECUTIVE 30 OR MORE FLIGHTS TOTALING AT

CALENDAR MONTHS WHEN THE LEAST NINE HOURS, OR IN LIEU THEREOF

REQUIREMENTS OF SUBPARAGRAPH TO BE IN THE AIR A TOTAL OF AT LEAST

(B) ABOVE HAVE NOT BEEN MET. TWELVE HOURS.

(D) FOR FRACTIONS OF A CALENDAR MONTH THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF FLIGHTS AND THE TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

(E) FOR FRACTIONS OF TWO CONSECUTIVE CALENDAR MONTHS THE PERIOD IN QUESTION SHALL BE CONSIDERED AS A UNIT AND THE NUMBER OF AERIAL FLIGHTS AND TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF AERIAL FLIGHTS AND TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO A FULL CALENDAR MONTH.

THE EXECUTIVE ORDER THUS PRESCRIBES THE CALENDAR MONTH AS THE UNIT FOR DETERMINING QUALIFICATION FOR FLYING PAY. WHERE THE OFFICER OR MAN IS IN A FLYING STATUS FOR ONLY A FRACTION OF A PARTICULAR MONTH, PRO RATA REQUIREMENTS FOR SUCH FRACTION MUST BE MET. THE ONLY PROVISIONS FOR MAKING UP FLIGHT DEFICIENCIES ARE THOSE PROVIDED IN SUBPARAGRAPHS (B) AND (C), REQUIRING SUCH DEFICIENCIES TO BE MADE UP IN PERIODS OF TWO CONSECUTIVE "CALENDAR" MONTHS OR OF THREE CONSECUTIVE "CALENDAR" MONTHS--- INCLUDING THE CALENDAR MONTH IN WHICH THE DEFICIENCY FIRST OCCURRED. SINCE THE MATTER IS PUT ON THE BASIS OF CALENDAR MONTHS, A FRACTION OF A CALENDAR MONTH OCCURRING AT THE BEGINNING OF A FLIGHT STATUS MUST BE CONSIDERED AS THE FIRST OF THE TWO OR THREE "CONSECUTIVE CALENDAR MONTHS" MEASURING THE PERIOD DURING WHICH FLIGHT DEFICIENCIES MAY BE MADE UP, AND IT FOLLOWS THAT WHERE FLIGHT DEFICIENCIES FIRST ARISE DURING A FRACTION OF A MONTH AT THE BEGINNING OF A FLIGHT STATUS, THE MAXIMUM GRACE PERIOD DURING WHICH SUCH DEFICIENCIES MAY BE MADE UP TERMINATES ON THE LAST DAY OF THE SECOND FULL CALENDAR MONTH NEXT FOLLOWING SUCH FRACTION OF A MONTH. CF. CASE 6, S. AND A. MEMO NO. 518, NOVEMBER, 1945, IN RE ARTICLE 2140-2, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL; PARAGRAPH 86 F, WAR DEPARTMENT TECHNICAL MANUAL 14 501, DECEMBER 1, 1943.

ENSIGN PEER WAS PLACED IN A FLIGHT STATUS OCTOBER 25, 1944. THEREFORE, THE GRACE PERIOD DURING WHICH FLIGHT DEFICIENCIES OCCURRING IN THE THREE CALENDAR MONTH PERIOD BEGINNING WITH OCTOBER 1944 COULD BE MADE UP TERMINATED DECEMBER 31, 1944. SINCE THE FLIGHT DEFICIENCIES WERE NOT MADE UP PRIOR TO THAT DATE AND SINCE THE FLIGHT REQUIREMENTS FOR NONE OF THE THREE MONTHS WERE MET, THE OFFICER FAILED TO QUALIFY UNDER THE EXECUTIVE ORDER FOR FLYING PAY FOR THE PERIOD OCTOBER 25, TO DECEMBER 31, 1944, IT BEING SETTLED THAT FLIGHTS THEREAFTER PERFORMED CANNOT MAKE UP DEFICIENCIES FOR ANY PART OF AN EXPIRED PERIOD. 4 COMP. GEN. 975.

ACCORDINGLY, YOU ARE ADVISED THAT ENSIGN PEER IS NOT ENTITLED TO FLYING PAY FOR ANY PART OF THE PERIOD OCTOBER 25, 1944, TO DECEMBER 31, 1944.