Executive Order 12094—Special Pay for Sea Duty

By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States of America by sections 305, 305a and 403 of title 37 of the United States Code and in order to implement increased rates of special pay for enlisted personnel serving on sea duty, it is hereby ordered as follows:

1-101. Executive Order No. 11157, as amended, is further amended by revising Part II thereof to read as follows:

"PART II SPECIAL PAY FOR SEA DUTY AND DUTY AT CERTAIN PLACES

"Sec. 201. Provided they have over three cumulative years of sea duty, enlisted members of a uniformed service who are in pay grade E-4 or above and who are entitled to receive basic pay shall be entitled to receive, additionally, career sea pay while on sea duty. The period of sea duty shall include the date of reporting and the date of detachment as stated in orders. Career sea pay shall be at the rates prescribed in section 305a of title 37, United States Code.

"Sec. 202. (a) For the purpose of entitlement to career sea pay, the term "sea duty" shall mean duty performed by enlisted members:

"(1) while permanently assigned for duty to a vessel, ship-based staff, or ship-based aviation unit pursuant to orders issued by competent authority and serving in a ship whose primary mission is accomplished underway, including—

"i. periods not to exceed the first 30 consecutive days of temporary additional duty ashore; and

"ii. periods not to exceed the first 90 days during which messing or berthing facilities, or both, are temporarily out of service in order to permit alterations or repairs.

"(2) while temporarily assigned for duty to a vessel, ship-based staff, or ship-based aviation unit pursuant to orders issued by competent authority and serving in a ship whose primary mission is accomplished underway. The period of service shall include periods not to exceed the first 30 consecutive days of further temporary additional duty ashore from the ship.

"(3) while permanently or temporarily assigned for duty to a vessel or ship-based staff pursuant to orders issued by a competent authority and serving in a ship whose primary mission is accomplished in port, but only during periods while the ship is away from its home port for at least 30 consecutive days.

"(b) For the purpose of this section, the word "vessel" or "ship" shall mean a selfpropelled vessel that is in an active status, in commission or in service and is equipped with berthing and messing facilities.

"Sec. 203. The Secretaries concerned (within the meaning of section 101 (5) of title 37, United States Code) with respect to personnel of the uniformed service within their respective departments, are hereby authorized to prescribe such supplementary regulations, not inconsistent herewith, as they may deem necessary or desirable for carrying out the provisions of sections 305 and 305a of title 37 and this Executive Order. Such regulations shall be uniform for all the services to the fullest extent possible.

"Sec. 204. Enlisted members entitled to receive basic pay shall be entitled to receive, additionally, pay at the rates prescribed by section 305(a) of title 37 of the United States Code while on duty at places that are outside the 48 contiguous States and the District of Columbia and that are designated for this purpose by the Secretary of Defense or, in the case of enlisted members of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Transportation. Subject to provisions of section 305 of tide 37 of the United States Code, an enlisted member who is permanently assigned to duty at a place so designated is entitled to receive that pay during a period of authorized leave, temporary additional duty, temporary duty, or hospitalization or while on an operational aircraft flight, but not more than 30 days while he is away from that place. Enlisted members shall be entitled to special pay tinder this section when attached to ships undergoing repair and overhaul in designated foreign-duty areas for extended periods when entitlement to special pay for sea duty has been terminated. Such enlisted members shall be entitled to special pay for sea duty under the same conditions as an enlisted member on temporary additional duty or temporary duty in that designated foreign-duty area.

"Sec. 205. Unless otherwise entitled to special pay in accord with the second sentence of section 204 hereof, during periods spent on temporary additional duty or temporary duty or on operational aircraft flights, pay in accord with section 204 shall accrue to enlisted members only for periods of eight continuous days or more in duration at one or more places designated, including the dates of arrival at and the dates of departure from those places.

"Sec. 206. (a) No enlisted member shall be entitled under this order to receive both career sea pay and pay for duty prescribed in sections 204: and 205 hereof for the same period of time.

"(b) No enlisted member shall be entitled to receive career sea pay while in receipt of monetary allowance in lieu of rations, except during a period when messing facilities are temporarily out of operation to permit alterations or repairs not to exceed 90 days, provided such member is not authorized leave during such period."

1-102. Executive Order No. 11157, as amended, is further amended by revising section 401(c) thereof to read as follows:

"(c) The term "sea duty" shall mean service performed by either an officer or enlisted member in a self-propelled vessel that is in an active status, in commission or in service and is equipped with berthing and messing facilities."

JIMMY CARTER

The White House,

November 1, 1978

[Filed with the Office of the Federal Register, 10:21 a.m., November 2, 1978]