Blakely v. United States

Under sections 2 and 6 of the act of July 2,1926 (44 Stat. 780, 781), officers and enlisted men of the Army and the Navy were entitled to 50 per cent extra pay if they were required by competent authority to, and did, participate regularly and frequently in aerial flights. But, the act of April 26, 1938 (52 Stat. 223, 232), making appropriations for the Navy for the fiscal year ending June 30, 1939, provided:

Pay of naval personnel: For pay and allowances prescribed by law of officers on sea duty and other duty, and officers on waiting orders, pay — $35,457,649, including not to exceed…