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B-125037 1 (1975-08-04)

handle is hein.gao/gaobadckl0001 and id is 1 raw text is: OLLER G THE COMPTROLLER GENERAL CisiC'N io 7: 0F THE UNITED STATES VASHINGTON, O.C. 20548 FILE: B-125037 DATE: AUG 4 1975 MATTER OF: Incentive pay for members removed from flying status DIGEST: 1. Air Force policy which in unusual cases retains enlisted members on flight status by distributing flight duty among more enlisted members than necessary so as to prevent termination of flight status and incentive pay without 120 days' notice is questionable administrative practice but, it may not be said as a matter of law that members in such cases are not entitled to incentive pay. 2. Proposed amendment to Executive Order No. 11,157 which would authorize incen- tive pay for up to 120 days to enlisted members involuntarily removed from flight status without notice is reasonably restricted to effecting the primary purpose of the statute (37 U.S.C. 301) authorizing such pay and, therefore, would be valid. This action is in response to a letter, with enclosures, from the Assistant Secretary of Defense (Comptroller), request- ing a decision concerning the legality of payment of incentive pay under 37 U.S.C. 301 to certain enlisted aircrew members of the Armed Forces to be made in accordance with a new Air Force policy discussed therein. Additionally, a decision is also requested as to whether Executive Order No. 11,157, June 22, 1964, as amended, may be further amended to authorize payment of incentive pay to such members after removal from flight status, or whether new legislation must be enacted for that purpose. The Assistant Secretary indicates that the Committee on Armed Services, House of Representatives, during its considera- tion of H.R. 12670, which became the Aviation Career Incentive Act of 1974, Public Law 93-294 (May 31, 1974), 88 Stat. 177, expressed disapproval of the precipitate removal of enlisted members from flight status (ending their entitlement to incen- tive pay) after extended periods of continuous flying. The PUBLISHiED DECISION 55 Comp. Gen..........

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