Executive Order 11120

AMENDMENT OF EXECUTIVE ORDER NO. 10152, RELATING TO
INCENTIVE PAY FOR HAZARDOUS DUTY, EXECUTIVE ORDER NO. 10168,
RELATING TO PAY FOR SEA DUTY AND DUTY AT CERTAIN PLACES, AND
EXECUTIVE ORDER NO. 10204, RELATING, TO BASIC ALLOWANCES FOR QUARTERS

     By virtue of the authority vested in me by sections 301 (a) and (f), 305, and 403 of title 37, United States Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:

     SECTION 1. Executive Order No. 10152 of August 17, 1950, as amended, is further amended as follows:

     (a) Section 6 is amended to read as follows:

     SEC. 6. As determined by the Secretary of the Navy, members who, pursuant to competent orders, are attached to a submarine which is in an active status and members qualified in submarines who, pursuant to competent orders, are assigned as prospective crew members of a submarine under construction or are receiving instruction to prepare for assignment to a submarine of advanced design or for a position of increased responsibility on a submarine shall be entitled to receive incentive pay for the performance of submarine duty. In the case of nuclear-powered submarines this entitlement shall include periods of training and rehabilitation after assignment thereto. A member who, pursuant to competent orders, performs duty as an operator or crew member of an operational, self-propelled submersible, including undersea exploration and research vehicles, shall likewise be entitled to receive incentive pay for the performance of submarine duty."

     (b) Section 8(a) is amended to read as follows:

     "(a) As used in section 301 (a) of title 37 of the United States Code, the term 'duty involving parachute jumping as an essential part of military duty' shall be construed to mean duty performed by members who, under such regulations as the Secretary concerned may prescribe, have received a rating as a parachutist or parachute rigger, or are undergoing training for such a rating, and who are required by competent orders to engage in parachute jumping from an aircraft in aerial flight."

     (c) Section 9 is amended by striking out subsections (c), (d), and (g) and amending subsection (e) to read as follows:

     "(e) The term 'duty inside a high or low-pressure chamber' shall be construed to mean duty performed within pressure chambers at physiological facilities by members assigned to that duty."

     (d) Section 10 is amended to read as follows:

     "SEC. 10. Any member who is required by competent orders to perform hazardous duty, or multiple hazardous duties, and who becomes injured or otherwise incapacitated as a result of the performance of any such hazardous duty, by aviation accident or otherwise, shall be deemed to have fulfilled all of the requirements for the performance of all hazardous duties which he is required by competent orders to perform, for a period not to exceed three months following the date as of which such incapacity is determined by the appropriate medical authority."

     (e) Sections 12 and 13 are redesignated as sections "13" and "14", respectively, and the following new section is added:

    " SEC. 12. Under such regulations as the Secretary concerned may prescribe, a member who performs multiple hazardous duties under competent orders may be paid not more than two payments of incentive pay for a period of time during which he qualifies for more than one such payment. Dual payments of incentive pay shall be limited to those members who are required by competent orders to perform specific multiple hazardous duties in order to carry out their assigned missions."

     SEC. 2. Executive Order No. 10168 of October 11, 1950, as amended, is further amended as follows:

     (a) The title is amended to read as follows:

"REGULATIONS RELATING TO SPECIAL PAY
FOR SEA DUTY AND DUTY AT CERTAIN PLACES".

     (b) Section 2 (a) (2) is amended to read as follows:

     "(2) While in a vessel pursuant to orders to temporary additional duty or temporary duty on that vessel issued by competent authority although based or stationed ashore, but only when such duty is eight days or more in duration in each case."

     (c) Sections 4, 5, 6, and 7 are amended to read as follows:

     "SEC. 4. Enlisted members entitled to receive basic pay shall be entitled to receive additionally, pay under the rates prescribed by section 305 (a) of title 37 of the United States Code, while on duty at places that are outside the contiguous 48 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 the Treasury. Subject to the provisions of section 305 of title 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 for more than thirty days while he is away from that place.

     "SEC. 5. Unless otherwise entitled to special pay in accordance with the last sentence of section 4, during periods spent on temporary additional duty or temporary duty, or on operational aircraft flights, pay in accordance with section 4 shall accrue to enlisted members only for periods of eight continuous days or more in duration at places designated, including the dates of arrival at, and the dates of departure from, those places.

     "SEC. 6. Enlisted members shall not be entitled to additional pay under this order for duty which, under the provisions of supplementary regulations prescribed hereunder, does not constitute either sea duty or duty described in sections 4 and 5 hereof.

     "SEC. 7. No enlisted member shall be entitled under this order to receive both sea-duty pay and pay for duty described in sections 4 and 5 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 and periods during which the member is on leave beyond the contiguous 48 States and the District of Columbia."

     SEC. 3. Executive Order No. 10204 of January 15, 1951, is amended by adding the following new section:

     "8. Unless the Secretary concerned, or his designee, determines that military operational conditions require otherwise, a commissioned officer without dependents who is in a pay grade above pay grade O-3 and who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to his grade or rank and adequate for himself, may elect not to occupy those quarters and instead to receive the basic allowance for quarters prescribed for his pay grade by section 403 of title 37 of the United States Code."

     SEC. 4. The amendments made by this order shall be effective as of October 1, 1963.

JOHN F. KENNEDY

THE WHITE HOUSE,
October 2, 1963.