A-29315, NOVEMBER 13, 1929, 9 COMP. GEN. 202

A-29315, NOVEMBER 13, 1929, 9 COMP. GEN. 202

PAY - DIVING DUTY - NAVY ENLISTED MEN TO ENTITLE AN ENLISTED MAN OF THE NAVY TO DIVING PAY UNDER THE ACT OF APRIL 9, 1928, 45 STAT. 412, HE MUST, IN ADDITION TO BEING DESIGNATED A DIVER, ALSO BE DETAILED OR ASSIGNED TO THE DUTY OF DIVING. A TEMPORARY OMISSION OF ACTUAL SERVICE, AS WHEN ON LEAVE, SICK IN HOSPITAL, OR IN CONFINEMENT UNDER CONDITIONS ENTITLING THE MAN TO HIS REGULAR PAY, DOES NOT AFFECT HIS RIGHT TO DIVING PAY, BUT DETACHMENT FROM ALL DUTY AT A STATION TERMINATES THE DETAIL OR ASSIGNMENT TO DUTY OF DIVING AND DEPRIVES HIM THEREAFTER OF THE RIGHT TO DIVING PAY UNTIL HE REPORTS AND IS DETAILED TO DUTY OF DIVING AT HIS NEW STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 13, 1929:

THERE IS FOR CONSIDERATION THE RIGHT OF CHARLES WEBB SCOTT, BM1C, UNITED STATES NAVY, TO ADDITIONAL PAY AS DIVER FOR THE PERIOD JUNE 29 TO JULY 31, 1929, UNDER THE ACT OF APRIL 9, 1928, 45 STAT. 412, PROVIDING: THAT HEREAFTER ALL OFFICERS OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY SHALL, WHILE SO SERVING, RECEIVE 25 PERCENTUM ADDITIONAL OF THE PAY FOR THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW; AND AN ENLISTED MAN OF THE UNITED STATES NAVY ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY, OR TO THE DUTY OF DIVING, SHALL, IN LIEU OF THE ADDITIONAL PAY NOW AUTHORIZED, RECEIVE PAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, AT THE RATE OF NOT LESS THAN $5 PER MONTH, AND NOT EXCEEDING $30 PER MONTH, IN ADDITION TO THE PAY AND ALLOWANCES OF HIS RATING AND SERVICE: PROVIDED, THAT DIVERS EMPLOYED IN ACTUAL SALVAGE OPERATIONS IN DEPTHS OF OVER NINETY FEET SHALL, IN ADDITION TO THE FOREGOING, RECEIVE THE SUM OF $5 PER HOUR FOR EACH HOUR OR FRACTION THEREOF SO EMPLOYED.

IT APPEARS THAT SCOTT QUALIFIED AND WAS DESIGNATED AS DIVER, FIRST CLASS, ON JUNE 27, 1929, AT THE RECEIVING STATION, WASHINGTON, D.C.; THAT ON JUNE 28, 1929, HE WAS TRANSFERRED FROM THE RECEIVING STATION AT WASHINGTON, D.C., TO THE COMMANDER IN CHIEF, BATTLE FLEET, VIA COMMERCIAL TRANSPORTATION, FOR ASSIGNMENT AND WAS GRANTED A DELAY IN REPORTING UNTIL JULY 28, 1929; THAT HE REPORTED ON BOARD THE U.S.S. CAMDEN ON JULY 29, 1929, FOR ASSIGNMENT BY COMMANDER, CONTROL FORCE, AND WAS PLACED IN GENERAL DETAIL UNTIL ASSIGNED TO THE U.S.S. FALCON FOR DUTY ON AUGUST 1, 1929; AND THAT DURING THE PERIOD HE WAS ON THE U.S.S. CAMDEN, JULY 29 TO 31, 1929, HE WAS NOT ASSIGNED TO DUTY OF DIVING.

UNDER THE TERMS OF THE ACT OF APRIL 9, 1928, TO ENTITLE A MAN TO ADDITIONAL PAY FOR DIVING HE MUST BE DETAILED OR ASSIGNED TO THE DUTY OF DIVING. A TEMPORARY OMISSION OF ACTUAL SERVICE, AS WHEN ON LEAVE,SICK IN HOSPITAL, OR IN CONFINEMENT, UNDER CONDITIONS ENTITLING A MAN TO HIS REGULAR PAY, DOES NOT AFFECT HIS RIGHT TO DIVING PAY. HOWEVER, MERE DESIGNATION OF A MAN AS DIVER IS NOT ALL THAT IS REQUIRED. HE MUST ALSO BE DETAILED OR ASSIGNED TO THE DUTY OF DIVING. SCOTT'S DETAIL OR ASSIGNMENT TO DIVING DUTY ON THE RECEIVING STATION AT WASHINGTON, D.C., WAS TERMINATED UPON HIS DETACHMENT FROM ALL DUTY ON THAT STATION ON JUNE 28, 1929. HE WAS NOT AGAIN ASSIGNED OR DETAILED TO THE DUTY OF DIVER UNTIL HE REPORTED FOR DUTY ON THE U.S.S. FALCON ON AUGUST 1, 1929. ACCORDINGLY, SCOTT IS NOT ENTITLED TO ADDITIONAL PAY FOR DIVING BETWEEN DETACHMENT FROM DUTY ON THE RECEIVING STATION AT WASHINGTON, D.C., JUNE 28, 1929, AND REPORTING FOR DUTY ON THE U.S.S. FALCON ON AUGUST 1, 1929.