A-10419, JULY 29, 1925, 5 COMP. GEN. 71

A-10419: Jul 29, 1925

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NATIONAL GUARD PAY - AGE LIMIT AN ENLISTED MAN OF THE NATIONAL GUARD WHOSE CURRENT ENLISTMENT WAS IN ACCORDANCE WITH THE NATIONAL GUARD REGULATIONS MAY BE PAID THE ARMORY DRILL PAY TO WHICH OTHERWISE ENTITLED. NOTWITHSTANDING THE FACT THAT HE WAS OVER 45 YEARS OF AGE AT TIME OF HIS ORIGINAL ENLISTMENT. HUNTT OF SAID COMPANY FOR ARMORY DRILL PAY EARNED DURING SAID PERIOD AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME IN VIEW OF THE FACT THAT THE SAID ENLISTED MAN WAS OVER 45 YEARS OF AGE ON DATE OF ORIGINAL ENLISTMENT IN THE NATIONAL GUARD. ARE FOUND TO BE PHYSICALLY AND MENTALLY FIT FOR MILITARY SERVICE. THE RESTRICTIONS AS TO MAXIMUM AGE AND CITIZENSHIP SHALL NOT APPLY TO SOLDIERS WHO HAVE PREVIOUSLY SERVED HONESTLY AND FAITHFULLY IN THE UNITED STATES ARMY.

A-10419, JULY 29, 1925, 5 COMP. GEN. 71

NATIONAL GUARD PAY - AGE LIMIT AN ENLISTED MAN OF THE NATIONAL GUARD WHOSE CURRENT ENLISTMENT WAS IN ACCORDANCE WITH THE NATIONAL GUARD REGULATIONS MAY BE PAID THE ARMORY DRILL PAY TO WHICH OTHERWISE ENTITLED, UNDER SECTION 58 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1075, NOTWITHSTANDING THE FACT THAT HE WAS OVER 45 YEARS OF AGE AT TIME OF HIS ORIGINAL ENLISTMENT.

COMPTROLLER GENERAL MCCARL TO MAJ. F. W. BROWNE, UNITED STATES ARMY, JULY 29, 1925:

THERE HAS BEEN RECEIVED BY YOUR THIRD INDORSEMENT OF JULY 2, 1925, SUPPLEMENTAL PAY ROLL OF HEADQUARTERS AND SERVICE COMPANY, ONE HUNDRED AND TWENTY-FIRST ENGINEERS, DISTRICT OF COLUMBIA NATIONAL GUARD, FOR THE PERIOD JANUARY 1 TO MARCH 31, 1925, COVERING THE CLAIM OF MASTER SERGT. SIDNEY G. HUNTT OF SAID COMPANY FOR ARMORY DRILL PAY EARNED DURING SAID PERIOD AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME IN VIEW OF THE FACT THAT THE SAID ENLISTED MAN WAS OVER 45 YEARS OF AGE ON DATE OF ORIGINAL ENLISTMENT IN THE NATIONAL GUARD.

CAPT. SIDNEY MORGAN, COMMANDING SAID COMPANY, IN LETTER OF JUNE 2, 1925, TO THE CHIEF OF FINANCE STATES THAT SERGEANT HUNTT ENLISTED UNDER THE ACT OF NOVEMBER 4, 1918, ON JUNE 15, 1920, WITHOUT PREVIOUS EXPERIENCE IN THE REGULAR ARMY OR THE NATIONAL GUARD AND HAS HAD CONTINUOUS SERVICE FROM THAT TIME TO THE PRESENT, HAVING REENLISTED FOR THREE YEARS JUNE 27, 1924. THE ACT REFERRED TO, 40 STAT. 1019, PROVIDES:

THAT DURING THE PRESENT WAR ENLISTMENTS IN THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA * * * SHALL BE MADE FROM MEN WHO, UPON EXAMINATION, ARE FOUND TO BE PHYSICALLY AND MENTALLY FIT FOR MILITARY SERVICE, AND WITHIN SUCH AGE LIMITS AS MAY BE PRESCRIBED BY THE COMMANDING GENERAL OF THE DISTRICT OF COLUMBIA MILITIA, WITH THE APPROVAL OF THE PRESIDENT OF THE UNITED STATES * * * AND PROVIDED FURTHER, THAT ENLISTMENTS IN THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA OF THE SPECIAL CLASS, * * * SHALL BE FOR THE PERIOD OF THE WAR AND FOR A PERIOD NOT EXCEEDING THREE MONTHS THEREAFTER, IF SUCH ADDITIONAL TERM OF SERVICE BE REQUIRED BY THE PRESIDENT OF THE UNITED STATES * * *.

THAT AT THE TERMINATION OF THE EXISTING WAR, AS DETERMINED BY THE PROCLAMATION OF THE PRESIDENT, THE PROVISIONS OF THIS ACT SHALL BECOME NULL AND VOID.

PARAGRAPH 319, NATIONAL GUARD REGULATIONS, 1922, PROVIDES:

ANY MALE CITIZEN OF THE UNITED STATES AND OF THE STATE CONCERNED, OR PERSON WHO HAS LEGALLY DECLARED HIS INTENTION TO BECOME A CITIZEN, IFABOVE THE AGE OF 18 AND UNDER THE AGE OF 45 YEARS, ABLE-BODIED, FREE FROM DISEASE, OF GOOD CHARACTER AND TEMPERATE HABITS, MAY BE ACCEPTED FOR ENLISTMENT IN THE NATIONAL GUARD OF ANY STATE, WITH THE EXCEPTIONS HEREIN STATED. THE RESTRICTIONS AS TO MAXIMUM AGE AND CITIZENSHIP SHALL NOT APPLY TO SOLDIERS WHO HAVE PREVIOUSLY SERVED HONESTLY AND FAITHFULLY IN THE UNITED STATES ARMY, REGULAR ARMY, THE ORGANIZED MILITIA, OR THE NATIONAL GUARD.

IN 4 COMP. GEN. 244 IT WAS HELD THAT SECTIONS 57 AND 58 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 197, FIXED THE MAXIMUM AGE FOR ENLISTMENT IN THE NATIONAL GUARD AT 45 YEARS, AND PAYMENT OF ARMORY DRILL PAY TO AN ENLISTED MAN OR TO HIS ESTATE WHO WAS 55 YEARS OF AGE WHEN HE ENLISTED IS NOT AUTHORIZED.

SAID SECTION 58 WAS SUBSEQUENTLY AMENDED BY THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1075, TO READ AS FOLLOWS:

COMPOSITION OF THE NATIONAL GUARD.--- THE NATIONAL GUARD SHALL CONSIST OF REGULARLY ENLISTED MEN WHO UPON ORIGINAL ENLISTMENT SHALL BE NOT LESS THAN EIGHTEEN NOR MORE THAN FORTY-FIVE YEARS OF AGE, OR WHO IN SUBSEQUENT ENLISTMENTS SHALL NOT BE MORE THAN SIXTY-FOUR YEARS OF AGE, ORGANIZED, ARMED, AND EQUIPPED AS HEREINAFTER PROVIDED, AND OF COMMISSIONED OFFICERS AND WARRANT OFFICERS BETWEEN THE AGES OF TWENTY ONE AND SIXTY-FOUR YEARS: PROVIDED, THAT IN CASES OF APPOINTMENTS OF WARRANT OFFICERS OR ENLISTMENTS MADE IN ACCORDANCE WITH NATIONAL GUARD REGULATIONS, NO PAYMENTS HERETOFORE MADE TO SUCH WARRANT OFFICERS AND ENLISTED MEN FOR PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES DESCRIBED IN SECTIONS 92, 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, OR ANY BONA FIDE CLAIM THEREFOR, SHALL BE HELD OR CONSIDERED INVALID BECAUSE SUCH WARRANT OFFICER OR ENLISTED MAN WAS OF AN AGE GREATER THAN FORTY-FIVE YEARS AT THE TIME OF HIS APPOINTMENT OR ENLISTMENT OR AT THE TIME OF THE PERFORMANCE OF SUCH DUTIES.

UNDER THE EXPRESS TERMS OF SAID ACT OF FEBRUARY 28, 1925, THE FACT THAT HUNTT WAS OVER 45 YEARS OF AGE AT THE TIME OF HIS ORIGINAL ENLISTMENT DOES NOT DEPRIVE HIM OF THE RIGHT TO ARMORY DRILL PAY TO WHICH HE MAY BE OTHERWISE ENTITLED.

YOU ARE, THEREFORE, AUTHORIZED TO PAY SAID VOUCHER, IF OTHERWISE CORRECT, NOTWITHSTANDING THE FACT THAT HUNTT WAS OVER 45 YEARS OF AGE AT THE TIME OF ORIGINAL ENLISTMENT.