1410. For text of this section as published in the 1929 Edition, see 315a, ante. 1411. For text of this section as published in the 1929 Edition, see 317a, ante. 1412. For text of this section as published in the 1929 Edition, see 317a, ante. 1413. For text of this section as published in the 1929 Edition, see 51, ante. 1414. The second paragraph of the 1929 text of this section, based on act of June 25, 1906 (34 Stat. 456), was superseded by section 3, act of October 6, 1917 (40 Stat. 411), which, in turn, was repealed by subdivision (5), section 600, act of June 7, 1924 (43 Stat. 629). It was properly omitted from the United States Code (Memo. J. A. G. October 9, 1930). For remainder of 1929 text, see 84, 90, 93, ante. 1415. Additional pay for flying.-* # Officers and enlisted men of the Army shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been or may hereafter be promulgated by the President: Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 769); sec. 2, act of July 2, 1926 (44 Stat. 781) ; 10 U. S. C. 300. Provided, That in lieu of the 50 per centum increase of pay provided for in this Act any officer or enlisted man upon whom the rating of junior military aviator, or military aviator, has heretofore been conferred for having specially distinguished himself in time of war in active operations against the enemy, shall, while on duty which requires him to participate regularly and fre quently in aerial flights, continue to have the rank, pay, and allowances and additional pay now provided by the Act of June 3, 1916, and the Act of July 24, 1917. Par. 1, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); 10 U. S. C. 301. That all officers, warrant officers, and enlisted men of all branches of the Army, Navy, Marine Corps, and Coast Guard, when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President, shall receive the same increase of their pay * as are authorized for the performance of like duties in the Army. Regulations in execution of the provisions of this section shall be made by the President, and shall, whenever practicable in his judgment, be uniform for all the services concerned. Sec. 20, act of June 10, 1922 (42 Stat, 632); sec. 6, act of July 2, 1926 (44 Stat. 782); 37 U. S. C. 29. * The President is authorized, in his discretion, to suspend the extra pay or reduce the rate of extra pay allowed to commissioned officers, warrant officers, and enlisted men of the Army, Navy, Marine Corps, and Coast Guard while on flying duty, and to distinguish between degrees of hazard in various types of flying duty and make different rates of extra pay applicable thereto. Sec. 10, act of June 16, 1933 (48 Stat. 307); 37 U. S. C. 29a. * Aviation increase to commissioned and warrant officers of the Army, including not to exceed five medical officers, * * * none of which shall be available for increased pay for making aerial flights by nonflying officers at a rate in excess of $1,440 per annum, which shall be the legal maximum rate as to such nonflying officers: * * * Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 124). The last paragraph has been repeated in subsequent appropriation acts. A similar provision as to Navy personnel is found in section 1, Navy Department appropriation act of June 24, 1935 (49 Stat. 407), as to Marine Corps personnel in same act (49 Stat. 414) and as to Coast Guard personnel in Treasury Department appropriation act of June 23, 1936, Title I (49 Stat. 1836). These provisions are repeated in subsequent appropriation acts. Regulations as to the number of flights required to qualify under the first paragraph of this section were published in Executive Order No. 5865, June 27, 1932. For travel expense of personnel so engaged, see 1541, post. By sec. 3, act of July 18, 1914 (38 Stat. 515), military aviators had, while so serving, the rank, pay, and allowances of one grade higher than that held by them under their commission, provided said commission was not higher than that of captain, and while on duty requiring regular and frequent flights received an increase of 75 per centum in the pay of their grade and length of service. A similar provision in sec. 13, act of June 3, 1916 (39 Stat. 175), gave the same benefits to junior military aviators not above the grade of captain, except that the amount of the increase was 50 per centum, and made the same provision as the act of July 18, 1914, for military aviators. Sec. 6, act of July 24, 1917 (40 Stat. 245), provided that officers attached to the aviation section of the Signal Corps for duty requiring regular and frequent flights should receive an increase of 25 per centum. All these provisions are superseded by this section. Notes of Decisions Continuation when incapacitated.-Under the statutes and Executive orders relating to increased flying pay, an officer who, under orders by competent authority, has participated regularly and frequently in aerial flights, as defined by Executive orders, and subsequently becomes incapacitated for flying by reason of an aviation accident, is entitled during such incapacity, but not exceeding a period of three months, to the 50percent increase in flying pay provided for by statute, without the making of aerial flights that would otherwise be required. Dennett v. U. S. (1933), 78 Ct. Cl. 258. Flight credits. Under paragraph 10 of the President's Executive order of March 10, 1927, a flyer who fails for one or two months to meet the flight requirements for the 50percent increase in flying pay may make up such requirements by excess flight credits for the succeeding one or two months. nett v. U. S. (1933), 78 Ct. Cl. 258. Den Medical officers.-Medical officers of the Army, who are on duty requiring them to participate regularly and frequently in aerial flights, are entitled to flying pay. Brown r. U. S. (1930), 68 Ct. Cl. 734. Medical officers of the Army Air Service who qualify as flight surgeons and are "placed on flying status," that is ordered to participate regularly and frequently in acrial flights, and do so participate, are entitled to flying pay. Johnson v. U. S. (1929), 67 Ct. Cl. 318. Navy. Plaintiff held not entitled to increased pay as naval aviator while designated as "student naval aviator." Carlton v. U. S. (1927), 63 Ct. Cl. 89. Aviation chief machinist's mate of Navy making required number of flights, not in accordance with subsequent regulations, is entitled to increased pay. Lynch v. U. S. (1927), 63 Ct. Cl. 91. Enlisted men of Navy, regularly detailed to duty involving actual flying, held entitled to statutory increase in pay. Carleton v. U. S. (1928), 64 Ct. Cl. 564. Where a Navy officer has been regularly detailed by his commanding officer to duty involving actual flights, it is not necessary under the Executive order of July 1, 1922, in order to entitle him to flying pay, that such detail shall have received the approval of the Bureau of Navigation. Boone v. U. S. (1932), 74 Ct. Cl. 557. An authoritative detail to flying duty carries with it the right to flying pay until regularly revoked, and the revocation can not be applied retroactively. Id. 本 * * 1416. Additional pay for foreign service abolished. That existing laws authorizing increase of pay for foreign service are hereby repealed, effective July 1, 1922. Sec. 15, act of June 10, 1922 (42 Stat. 632) ; 37 U. S. C. 24. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 316) that this section be omitted as fully executed. 1417. Additional pay of Army personnel employed by Panama Canal. * If any of the persons appointed or employed as aforesaid shall be persons in the military or naval service of the United States, the amount of the official salary paid to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act. * * Sec. 4, act of Aug. 24, 1912 (37 Stat. 561); 48 U. S. C. 1305. That section 4 of the Panama Canal Act, as amended, shall not be construed as requiring the deduction of the retired pay or allowances of any retired warrant officer or enlisted man of the Army, Navy, Marine Corps, or Coast Guard, or the training pay, retainer pay, or allowances of any warrant officer or enlisted man of the reserve forces of the Army, Navy, Marine Corps, or Coast Guard, from the amount of the salary or compensation provided by or fixed under the terms of the Panama Canal Act, as amended. Act of Mar. 12, 1928 (45 Stat. 310) ; 48 U. S. C. 1305a. Notes of Decisions Deductions from pay.-The retired pay of | be taken into consideration in determining a marine is not "official salary" to be deducted under the first paragraph of this section. Calhoun v. U. S. (1929), 66 Ct. Cl. 545. The second paragraph of this section being general and not contemplating any particular indebtedness does not affect the bar of limitations. Grant v. U. S. (1930), 70 Ct. CI. 294. Exemptions. The money value of the privileges of quarters, light, and fuel should not the salary or compensation of employees of the Panama Canal, who are appointed and whose salary or compensation is fixed under the provisions of the first paragraph of this section. The term "compensation," as used therein, refers to salary or wages payable to employees as separate and distinct from the privileges or allowances that may be granted them as to quarters, light, and fuel. (1916) 30 Op. Atty. Gen. 548. 1418. For text of this section as published in the 1929 Edition, see 285, ante. 1419. Additional pay for officers on field or sea duty prohibited. That no commissioned officer while on field or sea duty shall receive any increase of his pay or compensation by reason of such duty. Sec. 2, act of June 10, 1922 (42 Stat. 627); 37 U. S. C. 6. 1420. Additional pay; officers providing own mounts. but in case any officer below the grade of major required to be mounted provides himself with suitable mounts at his own expense, he shall receive an addition to his pay of one hundred and fifty dollars per annum if he provides one mount, and two hundred dollars per annum if he provides two mounts. Act of May 11, 1908 (35 Stat. 108); 10 U. S. C. 803. * Provided, That the number of horses owned by any officer of the Army occasioning any public expense, including extra compensation, shall be reduced to one on June 30, 1930. Act of Feb. 28, 1929 (45 Stat. 1353); 10 U. S. C. 801. * * * Provided further, That during the fiscal year ending June 30, 1933, no officer of the Army shall be entitled to receive an addition to his pay in consequence of the provisions of the Act approved May 11, 1908 (U. S. C., title 10, sec. 803). Title I, act of July 14, 1932 (47 Stat. 668), making appropriations for the War Department. This provision has been repeated in subsequent appropriation acts. A provision that officers assigned to duty which required them to be mounted, should receive the pay, etc., of Cavalry officers of the same grade, added to R. S. 1270, by amendment by act of Feb. 27, 1877 (19 Stat. 243), may be regarded as superseded by this provision. Allowances for private mounts are not affected by the pay act of June 10, 1922. See 1515, post. 2 1421. Additional pay; officers detailed as aids to general officers.-The officers of the Army shall be entitled to the pay herein stated after their respective designations: Aid to major-general: two hundred dollars a year, in addition to pay of his rank. acts. Pay of aids is not affected by the pay readjustment act of June 10, 1922. See 1515, post. 1422. For text of this section as published in the 1929 Edition, see 184, ante. 1423. For text of this section as published in the 1929 Edition, see 1882, post. 1424. For text of this section as published in the 1929 Edition, see 157b, ante. 1425. For text of this section as published in the 1929 Edition, see 197, ante. 1426. As jurisdiction over the United States Park Police is now in the National Park Service, Interior Department, by virtue of Executive Order No. 6166, June 10, 1933, and, act of March 2, 1934 (48 Stat. 389), this section, based on section 6, act of May 27, 1924 (43 Stat. 175), is omitted as no longer operative. 1427. Additional pay; officers below grade of brigadier general in time of war. During the existence of a state of war, formally recognized by Congress, officers of grades corresponding to those of colonel, lieutenant colonel, major, captain, and first lieutenants of the Army, holding either permanent or temporary commissions as such, shall receive the pay of the sixth, fifth, fourth, third, and second periods, respectively, unless entitled under the foregoing provisions of this section to the pay of a higher period. Sec. 1, act of June 10, 1922 (42 Stat. 626); 37 U. S. C. 2. 1428. Additional pay; officers below grade of brigadier general exercising higher command in time of war. That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised; Provided, That a rate of pay exceeding that of a brigadier general shall not be paid in any case by reason of such assignment: *. Sec. 7, act of Apr. 26, 1898 (30 Stat. 365); 10 U. S. C. 694. The appropriations for additional pay, pursuant to this section, in the Army appropriation act for the fiscal year 1901, contained a proviso that no part thereof be used for pay of officers assigned to higher command than their rank in the Army, unless such service should be continuous for a period of not less than three months. Act of May 26, 1900 (31 Stat. 211). Provisions relating to readjustment of disallowances or stoppages on account of payments for exercise of higher command between Apr. 26, 1898, and Mar. 18, 1907, in the Army appropriation act for the fiscal year 1912, act of Mar. 3, 1911 (36 Stat. 1039). are omitted, as temporary merely. Notes of Decisions zation Time of war and troops operating against | for.-Junior Army officer assigned without an enemy. After armistice there was no authority of President to command organienemy to operate against within meaning of this section. Campbell v. U. S. (1927), 63 Ct. Cl. 133. recover mand. while senior is available cannot pay appertaining to higher com Kingsolving v. U. S. (1927), 63 Ct. Assignment to command and order there- 1434. Additional pay; enlisted men awarded decoration of honor.-That each enlisted man of the Army to whom there has been or shall be awarded a medal of honor, a distinguished-service cross, or a distinguished-service medal shall, for each such award, be entitled to additional pay at the rate of $2 per month from the date of the distinguished act or service on which the award is based, and each bar, or other suitable device, in lieu of a medal of honor, a distinguished-service cross, or a distinguished-service medal, as hereinafter provided for, shall entitle him to further additional pay at the rate of $2 per month from the date of the distinguished act or service for which the bar is awarded, and said additional pay shall continue throughout his active service, whether such service shall or shall not be continuous; but when the award is in lieu of the certificate of merit, as provided for in section three hereof, the additional pay shall begin with the date of the award. Ch. I, act of July 9, 1918 (40 Stat. 871); 10 U. S. C. 696. Each enlisted or enrolled man to whom there shall be awarded the distinguished flying cross or the soldier's medal shall be entitled to additional pay at the rate of $2 per month from the date of the act of heroism or extraordinary achievement on which the award is based, and each bar, or other suitable device, in lieu of the distinguished flying cross or the soldier's medal, as hereinbefore provided for, shall entitle him to further additional pay at the rate of $2 per month from the date of the act of heroism or extraordinary achievement for which the bar or other device is awarded, and said additional pay shall continue throughout his active service, whether such service shall or shall not be continuous. Sec. 13, act of July 2, 1926 (44 Stat. 789); 10 U. S. C. 1430. The additional pay allowed by this provision is not affected by the pay act of June 10, 1922. See 1515, post. For the awards entitling to extra pay, see ante, 903 (medal of honor), 905 (distinguishedservice cross), 906 (distinguished-service medal), 914 (distinguished flying cross), and 913 (soldier's medal). 1435. Additional pay; enlisted men holding certificate of merit.--A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous. R. S. 1285; sec. 2, act of Feb. 9, 1891 (26 Stat. 737) ; 10 U. S. C. 695. and additional pay heretofore authorized by law for holders of the certificate of merit shall not be paid to them beyond the date of the award of the distinguished-service medal in lieu thereof as aforesaid. Ch. I, act of July 9, 1918 (40 Stat. 871); 10 U. S. C. 695. For award of distinguished-service medal to holders of certificates of merit, in lieu thereof, see 906, ante. 1436. Additional pay; enlisted men detailed as reporters.-That hereafter enlisted men of the Army detailed to serve as stenographic reporters for general courts-martial, courts of inquiry, military commissions, and retiring boards, while so serving, shall receive extra pay at the rate of not exceeding 10 cents for each one hundred words taken in shorthand and transcribed, such extra pay to be met from the annual appropriation for expenses of courts-martial, and so forth. Act of Aug. 25, 1937 (50 Stat. 805); 10 U. S. C. 699. Section 1, act of August 24, 1912 (37 Stat. 575); 10 U. S. C. 644, providing for payment at the rate of five cents per hundred words, was superseded by the above provision. Extra pay to enlisted men serving as stenographic reporters is not affected by the pay readjustment act of June 10, 1922. See 1515, post. 1437. The text of this section as published in the 1929 Edition, based on section 4b, National Defense Act as amended (41 Stat. 761), was expressly stricken out by act of June 20, 1936 (49 Stat. 1554). |