Entitlement of Reserve Officer to Aviation Career Incentive Pay

B-193563: Apr 17, 1979


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    Shirley Jones
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    A Finance and Accounting Officer, Army Reserve Components Personnel and Administration Center, requested an advance decision regarding the payment of Aviation Career Incentive Pay (ACIP) to a reserve officer during active duty training (ADT). The officer had performed ADT since July 1976, transferring to a Reserve Aviation unit in November 1976. The following month, he received flying status orders without an aviator assignment, and flew without pay on weekends with his unit. From August to December 1977, the officer performed ADT at the Army Command and General Staff College, receiving ACIP, after which he remained on ADT with several different units. The officer presented as evidence for his claim his continued receipt of ACIP, his flying status, and his receipt of ACIP while at the College. ACIP is authorized by statute for frequent and regular performance of "operational or proficiency flying duty required by orders," but neither the statutory definitions of "operational" and "proficiency" flying duty, nor Department of Defense regulations, seemed applicable in the officer's case. He was not flying on a career basis, but only voluntarily when his pilot services were not officially required. He was not entitled to ACIP for his current assignment, and the ACIP paid to him while at the College was apparently erroneous.

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