B-77341, OCTOBER 14, 1957, 37 COMP. GEN. 232

B-77341, OCTOBER 14, 1957, 37 COMP. GEN. 232

MILITARY PERSONNEL - PER DIEM - DISESTABLISHED FLEET LOGISTICS SUPPORT WINGS - SUCCESSOR SQUADRONS - ORDER ISSUANCE ALTHOUGH MEMBERS OF THE UNIFORMED SERVICES SERVING IN THE NEWLY CONSTITUTED FLEET TACTICAL SQUADRONS AND NAVAL AIRCRAFT FERRY SQUADRONS ARE NO LONGER SERVING WITH THE DISESTABLISHED FLEET LOGISTICS SUPPORT WINGS WHICH WERE EXPRESSLY DESIGNATED IN SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (D), TO ENTITLE THE MEMBERS TO PER DIEM WHEN AWAY FROM THEIR DUTY STATIONS, WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL, THE DUTIES OF THE PRESENT ASSIGNMENT AND THE CONDITIONS UNDER WHICH PERFORMED ARE SIMILAR AND A CONTINUATION OF THE DUTIES OF THE FORMER FLEET LOGISTICS SUPPORT WINGS SO THAT THE PER DIEM PROVISIONS OF SECTION 303 (D) MAY BE CONSIDERED APPLICABLE TO THE SAME EXTENT.

TO THE SECRETARY OF THE NAVY, OCTOBER 14, 1957:

REFERENCE IS MADE TO LETTER OF AUGUST 23, 1957, FROM THE ASSISTANT SECRETARY OF THE NAVY ( FINANCIAL MANAGEMENT), REQUESTING DECISION WHETHER THE PROVISIONS OF SECTION 303 (D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, 37 U.S.C. 253 (D), WHICH AUTHORIZE THE PAYMENT OF A PER DIEM IN LIEU OF SUBSISTENCE TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY WITH OR UNDER TRAINING FOR THE MILITARY AIR TRANSPORT SERVICE, MARINE CORPS TRANSPORT SQUADRONS, OR FLEET LOGISTICS SUPPORT UNITS AND AWAY FROM THEIR DUTY STATIONS WITHOUT THE ISSUANCE OF ORDERS FOR SPECIFIC TRAVEL, MAY BE CONSIDERED APPLICABLE TO MEMBERS OF FLEET TACTICAL SUPPORT SQUADRONS AND NAVAL AIRCRAFT FERRY SQUADRONS, THOSE GROUPS BEING SUCCESSORS TO RECENTLY DISESTABLISHED FLEET LOGISTICS SUPPORT WINGS.

IT IS STATED THAT FLEET LOGISTICS SUPPORT WINGS WERE DISESTABLISHED ON JULY 15, 1957, AND THAT CERTAIN OF THE SQUADRONS OF THOSE WINGS WERE ASSIGNED TO THE PACIFIC FLEET, THE ATLANTIC FLEET, OR THE NAVAL FORCES, EASTERN ATLANTIC AND MEDITERRANEAN, AND REDESIGNATED FLEET TACTICAL SUPPORT SQUADRONS AND NAVAL AIRCRAFT FERRY SQUADRONS. THE DUTIES PERFORMED BY SUCH REDESIGNATED SQUADRONS ARE STATED TO BE OF THE SAME GENERAL TYPE AS PREVIOUSLY PERFORMED, PROVIDING EMERGENCY DELIVERY, ON DEMAND, OF CRITICAL PERSONNEL, MATERIAL, AND SPECIAL WEAPONS IN RESPONSE TO THE NEEDS OF THE VARIOUS FLEET COMMANDERS, BUT DIFFERING PRIMARILY IN THAT THEY WILL NOT BE UTILIZED FOR PREDICTABLE ROUTINE SUPPLY AND RESUPPLY OPERATIONS. IT IS STATED FURTHER THAT OPERATIONS WILL REQUIRE THE SAME TYPE OF FLYING, WITH FREQUENT LENGTHY ABSENCES FROM NORMAL BASES AS WAS THE CASE WHEN THE SQUADRONS WERE ASSIGNED TO THE FLEET LOGISTICS SUPPORT WINGS.

SINCE THE PROVISIONS OF SECTION 303 (D) OF THE CAREER COMPENSATION ACT ARE OF SIMILAR IMPORT TO THOSE APPEARING IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 859, 37 U.S.C. (1946 USED.) 112, PERTAINING TO PERSONNEL ON DUTY WITH OR TRAINING FOR THE NAVAL AIR TRANSPORT SERVICE, IT APPEARS THAT THE LEGISLATIVE INTENT IN THE MATTER WAS TO RESTATE IN EFFECT THE PROVISIONS OF THE EARLIER ACT AND EXPAND THEIR APPLICATION TO OTHER FLYING GROUPS OF THE MILITARY SERVICES REQUIRED BY THEIR ASSIGNMENTS TO PERFORM CORRESPONDING DUTIES. WHILE THE MILITARY AIR TRANSPORT SERVICE, MARINE CORPS TRANSPORT SQUADRONS, AND FLEET LOGISTICS SUPPORT UNITS WERE EXPRESSLY DESIGNATED IN THE 1949 ACT FOR THAT PURPOSE, IT WOULD NOT APPEAR THAT THAT LEGISLATIVE INTENT WOULD BE VIOLATED BY A CONSIDERATION THAT THE APPLICATION OF THE PROVISIONS OF SECTION 303 (D) WOULD REMAIN UNCHANGED WITH RESPECT TO SQUADRONS ATTACHED TO ONE OF SUCH GROUPS WHICH, UPON ITS DISESTABLISHMENT, WERE REDESIGNATED AND ASSIGNED TO DUTIES WITH REQUIREMENTS AND SERVICE CONDITIONS SIMILAR TO THOSE TO WHICH PREVIOUSLY SUBJECT.

ALTHOUGH PERSONNEL NOW SERVING IN THE NEWLY CONSTITUTED FLEET TACTICAL SUPPORT SQUADRONS AND NAVAL AIRCRAFT FERRY SQUADRONS ARE NO LONGER SERVING WITH FLEET LOGISTICS SUPPORT WINGS, IT IS INDICATED THAT THEIR DUTIES UNDER THE PRESENT ASSIGNMENT, AND THE CONDITIONS UNDER WHICH THOSE DUTIES ARE PERFORMED, ARE TO A LARGE EXTENT SIMILAR TO AND A CONTINUATION OF THOSE IN THE FORMER ASSIGNMENT. UNDER SUCH CIRCUMSTANCES, THE PROVISIONS OF SECTION 303 (D) OF THE CAREER COMPENSATION ACT MAY BE CONSIDERED APPLICABLE TO THE EXTENT THAT THEY WERE APPLICABLE WHILE SQUADRONS SERVED WITH THE FLEET LOGISTICS SUPPORT WINGS. COMPARE 27 COMP. GEN. 784.