[Entitlement to Special Pay for Diving Duty]

The Navy requested an advance decision to determine the legality of paying a Navy member for diving duty while he was temporarily attending Officer Candidate School. Although the assignment orders indicated that diving was an essential part of the temporary assignment, the assignment was terminated and the member was reassigned to different temporary duty. Regulations provide that special pay for diving duty may be granted only when the individual is assigned to, maintained a proficiency in, and actually performed diving duty. GAO held that, regardless of the intent of the original assignment orders, the member did not qualify for special pay because he did not perform the duty. Accordingly, payment was not authorized.