B-116356, DECEMBER 16, 1953, 33 COMP. GEN. 269

B-116356, DECEMBER 16, 1953, 33 COMP. GEN. 269

PAY - AVIATION DUTY - NATIONAL GUARD PERSONNEL NATIONAL GUARD OFFICERS WHO HAVE MORE FLIGHT HOURS TO THEIR CREDIT, IN CONNECTION WITH INACTIVE DUTY TRAINING, THAN IS NECESSARY TO QUALIFY FOR HAZARDOUS DUTY PAY MAY NOT APPLY SUCH EXCESS INACTIVE DUTY FLYING TIME TO PERIODS OF ACTIVE TRAINING DUTY IN WHICH NO FLIGHTS ARE PERFORMED IN ORDER TO QUALIFY FOR HAZARDOUS DUTY PAY.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL E. M. TEEL, DEPARTMENT OF THE ARMY, DECEMBER 16, 1953:

BY FIRST ENDORSEMENT OF JULY 22, 1953, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY FORWARDED YOUR LETTER OF JUNE 15, 1953, FOR ADVANCE DECISION ON CERTAIN QUESTIONS INVOLVED IN DETERMINING THE RIGHT OF CAPTAIN VINCENT G. MEYER AND FIRST LIEUTENANT JONATHAN D. WHITE, ARMY NATIONAL GUARD, STATE OF MISSOURI, TO PAYMENT OF INCENTIVE PAY FOR FLYING. A SUPPLEMENTAL FIELD TRAINING PAYROLL WAS SUBMITTED THEREWITH. YOUR QUESTIONS ARE AS FOLLOWS:

A. IN ORDER TO CREDIT AN AVIATOR WITH INCENTIVE PAY FOR FLYING FOR PERIOD OF ACTIVE DUTY AND/OR ACTIVE DUTY FOR TRAINING, MUST THE QUALIFYING FLIGHTS BE PERFORMED DURING SUCH PERIOD OF DUTY?

B. IN THE EVENT THE ANSWER TO THE ABOVE IS IN THE NEGATIVE, WOULD THE REQUIREMENTS OF PARAGRAPH 6, SECTION 4A, EXECUTIVE ORDER NO. 10152 BE APPLICABLE?

C. IN THE EVENT THE ANSWER TO "B" ABOVE, IS IN THE AFFIRMATIVE, WOULD THE 24 FLIGHTS PERFORMED THEREUNDER BE IN ADDITION TO THOSE PERFORMED IN QUALIFYING FOR INCENTIVE PAY FOR FLYING FOR DUTY PERFORMED IN ANOTHER STATUS, SUCH AS OTHER PERIODS OF ACTIVE DUTY OR AN ARMORY DRILL STATUS?

D. IN THE EVENT ANSWERS TO BOTH "A" AND "B," ABOVE, ARE IN THE NEGATIVE, AND ASSUMING THAT ARMY AVIATORS HAVE THE USUAL THREE MONTHS PERIOD IN WHICH TO MAKE UP FLIGHTS, WOULD SUCH FLIGHTS BE IN ADDITION TO THE FLIGHTS PERFORMED FOR THE PURPOSE OF QUALIFYING FOR INCENTIVE PAY FOR FLYING FOR PERIODS IN ANOTHER STATUS?

BY ORDERS OF MARCH 26, 1953, ADJUTANT GENERAL'S OFFICE, STATE OF MISSOURI --- STATED TO BE IN CONFIRMATION OF VERBAL ORDERS OF THE ADJUTANT GENERAL OF MARCH 22, 1953--- THE OFFICERS WERE DIRECTED TO REPORT TO THE ARMORY, MARYVILLE, MISSOURI, AT 9 A.M., MARCH 22, 1953, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION CLOSING AT 5 P.M. ON THE SAME DAY, AND IT WAS STATED THEREIN THAT FLYING PAY WAS AUTHORIZED. IT APPEARS THAT THE OFFICERS HAD BEEN ORDERED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS IN CONNECTION WITH THEIR NATIONAL GUARD DUTIES AND THAT SUCH ORDERS WERE IN EFFECT FOR SHORT PERIODS OF ACTIVE DUTY TRAINING. SEE PARAGRAPH 13C (4), SPECIAL REGULATIONS 605-95-1. IT IS STATED THAT THE DUTY DIRECTED IN THE FOREGOING ORDERS IS A FORM OF ACTIVE DUTY FOR TRAINING. IT APPEARS THAT NO FLIGHTS WERE REQUIRED OR PERFORMED IN CONNECTION WITH SUCH DUTY.

THE REGULATIONS PRESCRIBING THE MINIMUM FLIGHT REQUIREMENTS FOR ENTITLEMENT TO INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY ARE CONTAINED IN SECTION 4, EXECUTIVE ORDER NO. 10152, AUGUST 17, 1950. THE PROVISIONS APPLICABLE TO MEMBERS ON ACTIVE DUTY ARE CONTAINED IN PARAGRAPHS (A) (1) THROUGH (6) THEREOF, AND THOSE APPLICABLE TO MEMBERS OF RESERVE COMPONENTS ON INACTIVE DUTY TRAINING ARE CONTAINED IN PARAGRAPHS (B) (1) THROUGH (5). WHILE PARAGRAPHS (A) (1) THROUGH (6) CONTAIN PROVISIONS PERMITTING THE PERFORMANCE OF THE NECESSARY HOURS OF QUALIFYING FLIGHTS IN SUBSEQUENT MONTHS, IN CASES WHERE SUCH FLIGHTS HAVE NOT BEEN ACCOMPLISHED IN AN EARLIER MONTH, WITHIN THE LIMITATIONS STATED THEREIN, AND SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPHS (B) (1) THROUGH (5) WITH RESPECT TO INACTIVE DUTY TRAINING, THERE IS NOTHING THEREIN WHICH PERMITS THE USE OF FLIGHTS PERFORMED IN CONNECTION WITH INACTIVE DUTY TRAINING TO QUALIFY FOR HAZARDOUS DUTY PAY DURING A PERIOD OF ACTIVE DUTY FOR TRAINING. THE ORDERS OF MARCH 22, AS CONFIRMED, NEITHER CONTEMPLATED NOR DIRECTED THE PERFORMANCE OF AERIAL FLIGHTS AND NONE WAS PERFORMED THEREUNDER. WHILE THE RECORD SHOWS THAT THE OFFICERS HAD CONSIDERABLE MORE FLIGHT HOURS IN JANUARY AND FEBRUARY, 1953, THAN WERE NECESSARY IN ORDER TO QUALIFY FOR HAZARDOUS DUTY PAY FOR INACTIVE DUTY TRAINING FOR THOSE MONTHS, SUCH EXCESS TIME MAY NOT BE CONSIDERED AS HAVING BEEN PERFORMED IN CONNECTION WITH THE DUTY REQUIRED UNDER THE ORDERS OF MARCH 22, AND HENCE, FURNISHES NO BASIS FOR ENTITLEMENT TO SUCH PAY FOR THE DUTY PERFORMED ON MARCH 22, 1953.

THE FOREGOING ANSWERS YOUR QUESTION (A) AND RENDERS UNNECESSARY A CONSIDERATION OF YOUR OTHER QUESTIONS. SINCE PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED, IT WILL BE RETAINED IN THIS OFFICE.