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(0) Routine test flights and test flights of new or overhauled aircraft or their power plants, instruments, equipment, or accessories,

(d) Flights required for familiarizing pilots or other flying personnel with the operation of aircraft, power plants, instruments, or equipment with which they are inexperienced.

(e) Flights required for naval administrative or inspection purposes or for expediting the movements of personnel, material, or mail.

(f) Flights required for the training of Naval Reserve Aviation personnel, (g) Flights required for aerial photography or mapping,

(h) Flights required for the planning or inspection of air routes and land, ing fields or harbors.

(i) Flights required for authorized aviation experiments.

(f) Flights duly authorized for the purpose of cooperation with the activi ties of other governmental departments.

(k) Flight for the advanced training of student naval aviators, (1) Flights for the purpose of transfer or ferrying of aircraft.

(m) Flights by medical officers necessary for the study and observation of the physical and psychological condition of flying personnel.

(n) Flights required to be made by qualified pilots to enable them to maintain the degree of proficiency necessary for the proper safeguarding of life and public property, in cases where the amount of flying incident to the, pur poses specified in the preceding subparagraphs is insufficient for this purpose, (0) Flights not falling within any of the above classes but which were neces sitated by and carried out under orders from competent authority. A certified copy of such orders shall be attached to the "Flight Schedule."

5. Duty at a regularly established air station which inherently involves participation in frequent and regular flights for one or more of the following purposes:

(a) Routine test flights and test flights of new or overhauled aircraft ov their power plants, instruments, equipment, or accessories.

(b) Flights required for the prescribed training of student pilots, student observers, or members of aircraft crews.

(c) Flights required for inspection of the adequacy of fight training material and the efficiency of the instructing personnel,

(d) Flights required for familiarizing pilots or other flying personnel with the operation of types of aircraft power plants, instruments, or equipment with which they are inexperienced.

(e) Flights required for experimental development of aircraft or parts of aircraft or for experimental development of aviation instruments, equipment, or accessories.

(f) Flights required for compliance with and in training for the aircraft gunnery, bombing, and torpedo exercises prescribed by the Chief of Naval Operations.

(9) Flights required for naval administrative or inspection purposes or for expediting the movements of personnel, material, or mail,"

(h) Flights required for the training of Naval Reserve Aviation personnel, (4) Flights duly authorized for the purpose of cooperation with activities of other governmental departments.

(1) Aerial scouting search, reconnaissance, convoy, or ogast patrol fights ov training for the performance of any of these duties,

(k) Flights required for aerial photography or mapping.

(1) Flights made for the purpose of pigeon training.

(~) Flights made in conjunction with naval district maneuvers.

(n) Flights made for the purpose of transferring and ferrying aircraft,

(0) Flights required for the authorized land plane training of seaplane pilots.

(P) Flights by medical officers necessary for the study and observation of the physical and psychological condition of flying personnel.

(4) Flights required to be made by qualified pilots to enable them to maintain the degree of proficiency necessary for the proper safeguarding of life and public property, in cases where the amount of flying incident to the purposes specified in the preceding subparagraphs is insufficient for this

purpose.

(r) Flights not falling within any of the above classes but which were necessitated by and carried out under orders from competent authority. A certified copy of such orders shall be attached to the “Flight Schedule,"

6. Special duty, duty abroad, or school duty included in the approved naval aeronautic organization which inherently involves participation in frequent and regular flights for one or more of the following purposes:

(a) Flights required for investigating the efficiency of foreign aircraft or their power plants, instruments, equipment, or accessories or for investigating foreign tactical methods of air operations.

(b) Flights required for practical experience in the aerodynamical or thermodynamical features in a postgraduate aeronautical course of instruction. (c) Air travel required for expediting the performance of the duty in which the individual is employed.

(d) Flights required for the tests of new or experimental types of aircraft or aircraft power plants, instruments, equipment, or accessories.

(e) Flights required to be made by qualified pilots to enable them to maintain the degree of proficiency necessary for the proper safeguarding of life and public property in cases where the amount of flying incident to the purposes specified in the preceding subparagraphs is insufficient for this purpose. (1) Flights not falling within any of the above classes, but which were necessitated by and carried out under orders from competent authority, a certified copy of such orders shall be attached to the "Flight Schedule."

7. Duty in the Bureau of Aeronautics or at the Naval Aircraft Factory or in an inspection district under the cognizance of the Bureau of Aeronautics which inherently involves participation in frequent and regular flights for one or more of the following purposes:

(a) Air travel required for expediting aeronautic administrative or inspection duties.

(b) Flights required for inspection of the aircraft material efficiency and the operating efficiency of air stations or other units of the naval aeronautic organization, regular and reserve.

(c) Flights required for the inspection of methods of flight training and efficiency of flight training organizations, both regular and reserve.

(d) Flights required for the planning or inspection of air routes and landing fields or harbors.

(e) Flights required for the test of new or experimental aircraft or their power plants, instruments, equipment, or accessories.

(f) Flights required for aerodynamical or thermodynamical experiments. (9) Flights required for aerial photography or mapping.

(h) Flights required to be made by qualified pilots to enable them to maintain the degree of proficiency necessary for the proper safeguarding of life and public property in cases where the amount of flying incident to the purposes specified in the preceding subparagraphs is insufficient for this purpose.

(i) Flights not falling within any of the above classes, but which were necessitated by and carried out under orders from competent authority. A certified copy of such orders shall be attached to the "Flight Schedule."

8. Duty not included in the naval aeronautical organization, but which inherently involves participation in frequent and regular flights for one or more of the following purposes:

(a) Air travel required for expediting naval administrative or inspection duties.

(b) Flights required for the purpose of inspection of the efficiency of fleet air tactical operations in their relation to surface operations of the fleet.

(c) Flights required for inspections of the efficiency of fleet aircraft made by representatives of authority outside the naval aeronautic organization afloat. (d) Flights required for the test of aeronautic material whose production is under the cognizance of bureaus other than the Bureau of Aeronautics.

(e) Flights required to be made by qualified pilots to enable them to maintain the degree of proficiency necessary for the proper safeguarding of life and public property, in cases where the amount of flying incident to the purposes specified in the preceding subparagraphs is insufficient for this purpose.

(f) Flights not falling within any of the above classes, but which were necessitated by and carried out under orders from competent authority. A certified copy of such orders shall be attached to the "Flight Schedule."

It is to be understood that the flights for the purposes classified do not in themselves give the right to the increase of compensation, but that the flights must have been preceded by a detail to duty in

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volving flying and the particular flights made resulted therefrom. 23 Comp. Dec., 589; 25 id., 389; 26 id., 539.

Upon the facts now presented the following in the classifications should be eliminated or redrafted:

Redraft classifications 4 (e), 5 (g), and 7 (a) to read as follows: Flights required for Naval administrative or inspection purposes (not including flights pursuant to order to maintain proficiency nor to complete required number of flights per month or quarter), or for expediting the movements of personnel, material, or mail.

Eliminate classifications 4 (n), 5 (q), 6 (e), 7 (h), and 8 (e), as flights of this character apparently are not inherent in "duty involving flying." See decision 1 Comp. Gen., 568, and 11 MS. Comp. Gen., 1394, July 24, 1922, to the Secretary of War in reconsideration thereof.

Classifications 4 (o), 5 (r), 6 (ƒ), 7 (i), and 8 (ƒ), should be rewritten to include only:

Flights not falling within any of the above classes, but which were necessitated by unusual, unforeseen, or emergency conditions, and which are performed under specific orders issued for each flight by competent authority. A certified copy of each such order to be attached to the Flight Schedule.

Eliminate classification 6 (c), as flights of this character appear to contemplate no definite purpose in the flight other than as an expeditious method of travel in performing some duty outside of that inherently involving flying.

Eliminate classification 8 (a), as flights of this character appear to contemplate or may include administrative and inspection duties made by other branches of the service than those having relation to aviation, the flight being a method of travel only.

Eliminate classification 8 (c), as flights of this character have apparently no connection with duty inherently requiring flying.

A flight schedule has been proposed which will show the individual flights for each day of the month, the date thereof, period in air, and purpose for which made, as classified by letter in the above schedules. This schedule is to accompany a proposed new flight certificate to be given by the commanding officer. The flight certificate recites in paragraph 2:

I further certify that he was performing duty of a class included in para. graph of Section F of the Instructions for Carry(Enter 4, 5, 6, 7, or 8.)

ing into Effect the Joint Service Pay Bill; that the duty necessitated flights for one or more of the purposes described in the subparagraph thereunder, as indicated in column 4 of the Flight Schedule; and that the flights listed were therefore necessitated by and inherent in the duty itself.

The word "and" after the words "Flight Schedule" should be omitted; the period after the word "itself" should be changed to a semicolon, and the following words should be added:

and that no facts affecting such inherent duty have occurred in said flight period except as herein set forth.

The proposed instruction contains the following:

Sickness or injury incurred in line of duty results in the detail to duty involving flying being suspended commencing with the day following that on which the disability occurs. If the person is able to meet the flight requirements within three months from the month in which he last met them, then the suspension is nullified; the practical effect on a man's pay under this condition is that he is entitled to flight pay for the full three months. If he fails to meet the flight requirements within three months from the first day of the month succeeding the month in which he last met them, he is entitled to no flight pay until the month in which he again meets the flight requirements.

In the fifth line after the word "requirements" the words "prescribed in article 9 of the Executive order of July 1, 1922," should be inserted.

The act of June 10, 1922, makes detail to duty involving flying a requisite to the receipt of flight pay, and the Executive order of July 1, 1922, prescribes the minimum number of flights which shall be construed as continuing an active detail.

Other than the changes suggested, no reason is now apparent why the instructions should not be promulgated.

It is to be understood in a submission of this kind that the legal effect of the instructions must be for determination by this office when particular facts arise bringing them into question, and that the instructions must thereafter be subject to such interpretation as may then be made.

RENTAL ALLOWANCE TO MEMBERS OF OFFICERS' RESERVE CORPS ON TRAINING DUTY AT MILITARY POST OR TRAINING CAMP. Duty of members of the Officers' Reserve Corps at military posts or training camps for training purposes is not duty in the "field" within the meaning of section 6 of the act of June 10, 1922, 42 Stat., 628, and members of such corps upon such duty for whom public quarters are available for themselves are not entitled to a rental allowance.

Comptroller General McCarl to the Secretary of War, September 29, 1922:

I have your letter of September 16, 1922, requesting decision whether Maj. Robert H. Hazeltine, Coast Artillery, Officers' Reserve Corps, is entitled, under the act of June 10, 1922, 42 Stat., 628, to rental allowance from July 19 to August 2, 1922, inclusive, while on active duty at Fort Hancock, N. J., for the purpose of training.

It is stated that during the period in question Major Hazeltine occupied as shelter a room in one of the cantonment barracks constructed during the war as quarters for enlisted men, and that payment of the rental allowance claimed was refused by the finance officer based on the provisions of War Department Finance Memorandum No. 45 of July 7, 1922, which provides as follows:

Rental and subsistence allowance for reserve officers on active duty for 15-day training period.-1. Section 6 of the act of June 10, 1922, provides for the payment of a rental allowance to officers while "on field or sea duty,

temporary duty away from his permanent station, in hospital, on leave of absence or on sick leave." A reserve officer called to active duty for a fifteen day training period does not come within any of the classes mentioned, and is not, therefore, entitled to the rental allowance if public quarters of any kind are furnished. See Circular No. 122, War Department, 1922.

2. Section 5 of the act of June 10, 1922, provides that "each commissioned officer on the active list or on active duty below the grade of brigadier general * shall be entitled at all times, in addition to his pay, to a money allowance for subsistence," and section 14 states that reserve officers while on active duty shall receive the allowance prescribed in section 5 for officers of the regular service. Therefore, the subsistence allowance is payable to reserve officers while on active duty for the 15-day training period.

KENZIE W. WALKER,
Chief of Finance.

War Department Circular No. 122 of June 14, 1922, is as follows: Hereafter service at training camps is not to be regarded as duty in the field in so far as commutation of quarters for dependents is concerned. (A. G. 245.81.) (5-15-22.)

By order of the Secretary of War:

Official:

ROBERT C. DAVIS,

JOHN J. PERSHING, General of the Armies, Chief of Staff.

Acting The Adjutant General.

Section 37-a of the national defense act, added by section 32 of the act of June 4, 1920, 41 Stat., 776, as far as here material, provides:

A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay.

The officer's station was Fort Hancock, and as he was furnished quarters there he is not entitled to rental allowance because of the fact that there were no public quarters available for his dependents, unless the duty here in question is field duty within the meaning of that portion of section 6 of the act of June 10, 1922, which provides:

The rental allowance shall accrue while the officer is on field or sea duty, temporary duty away from his permanent station, in hospital, on leave of absence or on sick leave, regardless of any shelter that may be furnished him for his personal use, if his dependent or dependents are not occupying public quarters during such period

There appears no reason to question with respect to the rental allowance the correctness of the War Department memorandum and circular quoted.

It may not be inappropriate to suggest that it is hardly reasonable to suppose that either section 14 of the act of June 10, 1922, or the provision of law authorizing 15 days' training per annum of reserve officers, contemplated that such reserve officers would take their families or dependents with them to the place of training, nor that the Government would be put to the necessity of providing quarters for such dependents during the 15 days' training period. If the actual furnishing of public quarters for the occupancy of such de

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