B-109058, JUL 24, 1952

B-109058, JUL 24, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL E. M. SIMMONS, F.C. DEPARTMENT OF THE ARMY:

BY FIFTH INDORSEMENT DATED APRIL 7, 1952, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF DECEMBER 13, 1951, REQUESTING AN ADVANCE DECISION ON THE CLAIM OF CAPTAIN HECTOR J. MAFFEI, JR., FOR FLYING PAY FOR INACTIVE DUTY OUTDOOR TRAINING MEETINGS ATTENDED BY HIM ON MARCH 3 AND 4, 1951, AS A MEMBER OF HEADQUARTERS AND HEADQUARTERS BATTERY, 49TH DIVISION ARTILLERY, CALIFORNIA NATIONAL GUARD, SUPPORTED BY SUPPLEMENTAL ARMORY DRILL PAY ROLL - "INACTIVE DUTY TRAINING (OUTDOOR)" - OF THE SAID ORGANIZATION FOR THE PERIOD FROM JANUARY 1, 1951, TO MARCH 31, 1951.

IT APPEARS FROM YOUR LETTER THAT CAPTAIN MAFFEI WAS A LIAISON PILOT; THAT HE ATTENDED OUTDOOR TRAINING PERIODS ON JANUARY 28, FEBRUARY 11, 18, AND MARCH 3, AND 4, 1951, AND WAS PAID FOR TRAINING PERIODS HELD ON THOSE DATES, WITH FLYING PAY FOR THE MEETINGS HELD ON JANUARY 28, FEBRUARY 11 AND 18, 1951, DATES UPON WHICH HE PERFORMED FLIGHTS, ON VOUCHER NO. 115359 IN THE MAY 1951 ACCOUNTS OF COLONEL A. O. WALSH, F.C.; AND THAT FLYING PAY WAS NOT PAID HIM FOR THE TRAINING PERIODS HELD ON MARCH 3 AND 4, 1951 - NOW CLAIMED ON THE SUPPLEMENTAL ARMORY DRILL PAY ROLL UNDER CONSIDERATION - FOR THE REASON THAT HE FAILED TO PERFORM FLIGHTS ON THOSE DATES. HOWEVER, THERE IS ATTACHED TO THE ORIGINAL ARMORY DRILL PAY ROLL (VOUCHER NO. 115359, SUPRA), A FLIGHT SCHEDULE SHOWING THAT CAPTAIN MAFFEI PERFORMED FOUR FLIGHTS FOR A TOTAL OF 80 MINUTES ON JANUARY 28; SIX FLIGHTS FOR A TOTAL OF 70 MINUTES ON FEBRUARY 11; TWO FLIGHTS FOR A TOTAL OF 110 MINUTES ON FEBRUARY 18; AND THREE FLIGHTS FOR A TOTAL OF 185 MINUTES ON MARCH 18, 1951. IT APPEARS FURTHER FROM AN UNDATED COPY OF ORDERS (CSNGB 201-MAFFEI, HECTOR H. JR.), SUBMITTED WITH YOUR LETTER, THAT THE OFFICER, HAVING BEEN GRANTED THE AERONAUTICAL RATING OF LIAISON PILOT, WAS REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS EFFECTIVE JULY 7, 1947.

THE QUESTION PRESENTED BY YOU IS WHETHER THE FLIGHTS MADE BY CAPTAIN MAFFEI DURING THE MONTHS OF JANUARY, FEBRUARY, AND MARCH, 1951, ARE SUFFICIENT TO PERMIT PAYMENT TO THE OFFICER OF FLYING PAY FOR THE MEETINGS ATTENDED ON MARCH 3 AND 4, 1951, WHEN NO FLIGHTS WERE PERFORMED.

PARAGRAPH 11(D) OF EXECUTIVE ORDER NO. 9195, DATED JULY 7, 1942, AS QUOTED IN PARAGRAPH 33C, NATIONAL GUARD REGULATIONS 58, DATED SEPTEMBER 3, 1946, PROVIDES AS FOLLOWS:

"(D) SUCH REQUIRED FLIGHTS MAY BE MADE AT ORDERED DRILLS OF THE ARMY AIR FORCES ORGANIZATION TO WHICH SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN BELONGS OR IS ATTACHED, OR AT OTHER TIMES WHEN SO AUTHORIZED BY THE SENIOR ARMY AIR FORCES COMMANDING OFFICER OF THE STATE."

ALSO, PARAGRAPH 19D, NATIONAL GUARD REGULATIONS 59, DATED OCTOBER 30, 1946, PROVIDES AS FOLLOWS:

"D. FLIGHTS NOT MADE AT ORDERED DRILLS. - THE WRITTEN AUTHORITY BY THE SENIOR AIR FORCE NATIONAL GUARD COMMANDER OF THE STATE TO MAKE FLIGHTS IN AN ARMORY DRILL PAY STATUS AT ANY TIME DURING THE CALENDAR MONTH IN QUESTION, INSTEAD OF AT ORDERED DRILLS, WILL BE ATTACHED TO THE PAY ROLL. SEE NGR 58."

THE REGULATIONS PROVIDE, IN EFFECT, THAT TO BE RECOGNIZED FOR PAY PURPOSES FLIGHTS MUST EITHER BE PERFORMED AT ORDERED DRILLS OR PERFORMED AT SOME OTHER PROPER TIME PURSUANT TO THE WRITTEN AUTHORITY OF THE SENIOR AIR FORCE NATIONAL GUARD COMMANDER OF THE STATE. NO FLIGHTS WERE PERFORMED BY THE OFFICER WHILE ATTENDING PERIODS OF TRAINING ON MARCH 3 AND 4, 1951 AND IN THE ABSENCE OF THE WRITTEN AUTHORITY OF THE APPROPRIATE SENIOR AIR FORCE NATIONAL GUARD COMMANDER OF THE STATE OF CALIFORNIA FOR CAPTAIN MAFFEI TO MAKE FLIGHTS IN AN ARMORY DRILL PAY STATUS AT SOME OTHER TIME DURING THE MONTH OF MARCH OR THAT SUFFICIENT FLIGHTS WERE PERFORMED THEREAFTER, HE IS NOT ENTITLED TO FLYING PAY FOR THE MEETINGS ATTENDED BY HIM ON MARCH 3 AND 4, 1951.

ACCORDINGLY, PAYMENT ON THE SUBMITTED SUPPLEMENTAL ARMORY DRILL PAY ROLL, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.