Executive Order 11292—Amending Executive Order No. 11157 as it Relates to Incentive Pay For Hazardous Duty, and Special Pay for Sea Duty at Certain Places

By virtue of the authority vested in me by sections 301 (a) and (f), 305 (a), and 402 (f) of title 37 of the United States Code, and as President of the United States and Commander in Chief of the armed forces of the United States, Executive Order No. 11157 of June 22, 1964, as amended, is further amended by substituting for sections 104, 206, and 207 the following:

"SEC. 104. Under such regulations as the Secretary concerned may prescribe, members who are required by competent orders to participate frequently and regularly in aerial flights, other than glider flights, shall be required to meet the following minimum flight requirements, except as otherwise provided in section 110 hereof, in order to be entitled to receive monthly incentive pay for the performance of hazardous duty.

"(a) Minimum flight requirements for members on active duty who may qualify for incentive pay under the provisions of section 301 (a) of title 37, United States Code:

"(1) During one calendar month: 4 hours of aerial flight; however, hours of aerial flight performed during the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the aerial flight requirement for that month.

"(2) During any two consecutive calendar months when the requirements of clause (1) above have not been met: 8 hours of aerial flight.

"(3) During any three consecutive calendar months when the requirements of clause (2) above have not been met: 12 hours of aerial flight.

"(4) For fractions of a calendar month, the time of aerial flight required shall bear the same ratio to the time required for a full calendar month as the period in question bears to a full calendar month.

"(5) For fractions of two consecutive calendar months, the period in question shall be considered as a unit and the time of aerial flight required shall bear the same ratio to the time required for a full calendar month as the period in question bears to a full calendar month.

"(6) Whenever, under authority conferred by the Secretary concerned, the commanding officer of any member who has been required by competent orders to participate frequently and regularly in aerial flights, other than glider flights, certifies that on account of military operations of the particular command or on account of the unavailability of aircraft such member was unable to perform the aerial flights required by this section, such member may comply with the minimum flight requirements by performing at least 24 hours of aerial flight over a period of six consecutive calendar months, and such requirements may be met at any time during such period.

"(b) Minimum flight requirements for members of reserve components of the uniformed services on inactive-duty training who may qualify for incentive pay under the provisions of section 301(f) of title 37, United States Code:

"(1) During one calendar month: 2 hours of aerial flight.

"(2) During any two consecutive calendar months, when the requirements of clause (1) above have not been met: 4 hours of aerial flight.

"(3) During any three consecutive calendar months when the requirements of clause (2) above have not been met: 6 hours of aerial flight.

"(4) For fractions of a calendar month, the time of aerial flight required shall bear the same ratio to the time required for a full calendar month as the period in question bears to a full calendar month.

"(5) For fractions of two consecutive calendar months, the period in question shall be considered as a unit and the time of aerial flight required shall bear the same ratio to the time required for a full calendar month as the period in question bears to a full calendar month.

"(c) Minimum flight requirements for members of reserve components of the uniformed services who perform both active-duty and inactive-duty training during the same calendar month and who may qualify for incentive pay under the provisions of both sections 301 (a) and 301 (f) of title 37 of the United States Code:

"(1) For periods of active duty, those prescribed by clause (4) of subsection (a) of this section.

"(2) For periods of inactive-duty training, those prescribed by clause (4) of subsection (b) of this section.

However, the total flight requirements as determined by clauses (1) and (2) of this subsection may be met at any time during such calendar month

"(i) on inactive-duty training, or

"(ii) on active-duty and inactive-duty training

if the inactive-duty flight requirement for such month has been met."

"SEC. 206. Enlisted members shall also be entitled to additional pay at the rates prescribed by section 305 (a) of title 37 of the United States Code for periods of eight or more continuous days, including movement periods not in excess of 24 hours, spent on temporary duty, temporary additional duty, or while on operational aircraft flights, including dates of reporting and detachment:

"(1) While aboard more than one vessel.

"(2) While at more than one designated place.

"(3) While performing a combination of duty aboard a vessel or vessels and duty at a designated place or places."

"SEC. 207. No enlisted member shall be entitled under this order to receive both sea-duty pay and pay for duty described in sections 204 and 205 hereof for the same period of time; nor sea-duty pay and credit for basic allowance for subsistence for the same period of time except periods during which messing facilities are temporarily out of operation to permit alterations or repairs, periods during which the member is on leave beyond the contiguous 48 States and the District of Columbia, and periods of eight or more continuous days, including movement periods not in excess of 24 hours, spent on temporary duty, temporary additional duty, or while on operational aircraft flights, including dates of reporting and detachment, while performing a combination of duty aboard a vessel or vessels and duty at a designated place or places."

LYNDON B. JOHNSON

The White House

August 1, 1966