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B-210963 1 (1983-08-03)

handle is hein.gao/gaobadlgb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OP THE UNITEO STATES 4 WASHINGTON. D. C. 20549 FILE: B-210963 DATE: August 3, 1983 MATTER OF: Petty Officer Rodney L.s.Kruse, USN DIGEST: To qualify for special pay for diving duty, under 37 U.S.C. 304(a), an individual must be assigned to, maintain a proficiency in, and actually perform diving duty. Each requirement must be met before special pay begins to accrue. Therefore, where a member was assigned to duty as a student at Officer Candidate School during which he did not actually perform diving duty, although he may have met the other require- ments, he may not receive special pay. This action is in response to a request for an advance decision to determine the legality of paying Petty Officer Rodney L. Kruse, USN, special pay for diving duty to which he was assigned while attending Officer Candidate School. We find that he is not entitled to the special pay because he did not actually perform diving duty during that period. The question was submitted by the Disbursing Officer, Naval Personnel Support Detachment, Newport, Rhode Island, and has been assigned submission number DO-N-1413 by the Department of Defense Military Pay and Allowance Committee. A Petty Officer Kruse was transferred from duty at San Diego, California, to temporary duty for instruction at the Officer Candidate School, Naval Education and Training Center, Newport, Rhode Island, beginning July 31, 1982, and, thereafter for further assignment. While the duration of the temporary assignment is not apparent from the record furnished us, we presume that it exceeded one month, as is usually the case. Petty Officer Kruse's original orders were modified to indicate that primary duty involving diving was an essential part of his military duty. How- ever, as a student at the school he did not actually perform any diving duty. Under 37 U.S.C. S 304(a), as amended by Public Law 97-60, S 115, October 14, 1981, a member of the armed ser- vices is entitled to special pay for diving duty when the individual: / clao ((

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