A-1074, JULY 17, 1924, 4 COMP. GEN. 65

A-1074: Jul 17, 1924

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MILITARY LEAVE - NATIONAL GUARD MEMBERS ATTENDING RIFLE MATCHES CIVIL EMPLOYEES OF THE UNITED STATES WHO ARE ALSO MEMBERS OF THE NATIONAL GUARD ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY. FOR DECISION WHETHER PAYMENT IS AUTHORIZED OF A VOUCHER FOR $107.75. HE WAS DIRECTED TO LEAVE SAN DIEGO. DURING WHICH TIME HE WAS TO BE UNDER STRICT MILITARY DISCIPLINE AND AT ALL TIMES SUBJECT TO THE ORDERS OF THE TEAM CAPTAIN. THE ORDERS OF THE GOVERNOR WERE BASED ON MILITIA BUREAU CIRCULAR LETTER NO. 54. IT IS DESIRED THAT EACH STATE HAVING FEDERALLY RECOGNIZED UNITS OF THE NATIONAL GUARD BE REPRESENTED BY A NATIONAL GUARD TEAM AT THE NATIONAL MATCHES. ONE SUCH TEAM ONLY IS AUTHORIZED FOR EACH STATE.

A-1074, JULY 17, 1924, 4 COMP. GEN. 65

MILITARY LEAVE - NATIONAL GUARD MEMBERS ATTENDING RIFLE MATCHES CIVIL EMPLOYEES OF THE UNITED STATES WHO ARE ALSO MEMBERS OF THE NATIONAL GUARD ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY, IN ADDITION TO THEIR REGULAR ANNUAL LEAVE, WHILE ABSENT FROM DUTY ATTENDING RIFLE MATCHES, SUCH MATCHES NOT CONSTITUTING FIELD OR COAST DEFENSE TRAINING WITHIN THE MEANING OF THE ACT OF JUNE 3, 1916, 39 STAT. 203.

ACTING COMPTROLLER GENERAL GINN TO CAPT. S.R. BEARD, UNITED STATES ARMY, JULY 17, 1924:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JANUARY 26, 1924, FOR DECISION WHETHER PAYMENT IS AUTHORIZED OF A VOUCHER FOR $107.75, TRANSMITTED THEREWITH, IN FAVOR OF THOMAS A. LAMB FOR PAY AS LABORER, AIR SERVICE, ROCKWELL FIELD, CALIF., FROM SEPTEMBER 5, 1923, TO OCTOBER 4, 1923,WHILE ABSENT FROM HIS DUTIES FOR THE PURPOSE OF PARTICIPATING IN THE NATIONAL MATCHES HELD AT CAMP PERRY, OHIO, AS A MEMBER OF THE STATE RIFLE TEAM, CALIFORNIA NATIONAL GUARD.

THE ACT OF JUNE 3, 1916, 39 STAT. 203, PROVIDES:

SEC. 80. LEAVES OF ABSENCE FOR CERTAIN GOVERNMENT EMPLOYEES.--- ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ENGAGED IN FIELD OR COAST-DEFENSE TRAINING ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS ACT.

GENERAL ORDER NO. 10, PROMULGATED BY ORDER OF THE GOVERNOR OF THE STATE OF CALIFORNIA, UNDER AUTHORITY OF MILITIA BUREAU CIRCULAR LETTER NO. 54, DATED JUNE 14, 1923, DETAILED SERGT. THOMAS A. LAMB, FOUR HUNDRED AND SIXTY-THIRD COMPANY, COAST ARTILLERY CORPS, CALIFORNIA NATIONAL GUARD, AS A MEMBER OF THE STATE RIFLE TEAM, CALIFORNIA NATIONAL GUARD, TO PARTICIPATE IN THE NATIONAL TEAM MATCH AND OTHER MATCHES TO BE HELD AT CAMP PERRY, OHIO. HE WAS DIRECTED TO LEAVE SAN DIEGO, LIF., AUGUST 27, 1923, AND RETURN THERETO UPON COMPLETION OF THE REGULAR ANNUAL MATCHES, DURING WHICH TIME HE WAS TO BE UNDER STRICT MILITARY DISCIPLINE AND AT ALL TIMES SUBJECT TO THE ORDERS OF THE TEAM CAPTAIN.

THE ORDERS OF THE GOVERNOR WERE BASED ON MILITIA BUREAU CIRCULAR LETTER NO. 54, OF JUNE 14, 1923, WHICH CONTAINED THE FOLLOWING:

1. IT IS DESIRED THAT EACH STATE HAVING FEDERALLY RECOGNIZED UNITS OF THE NATIONAL GUARD BE REPRESENTED BY A NATIONAL GUARD TEAM AT THE NATIONAL MATCHES. ONE SUCH TEAM ONLY IS AUTHORIZED FOR EACH STATE. (FUNDS THIS YEAR WILL PERMIT THE ATTENDANCE OF TEAMS FROM THE TERRITORIES OF HAWAII AND PORTO RICO.)

EACH MEMBER OF SUCH TEAM MAY HOLD ANY RECOGNIZED GRADE, BUT MUST BE A MEMBER OF THE FEDERALLY RECOGNIZED NATIONAL GUARD IN HIS RESPECTIVE GRADE AND ORGANIZATION PRIOR TO HIS APPOINTMENT AS A MEMBER OF SUCH TEAM. THE TEAM CAPTAIN, HOWEVER, CAN NOT DRAW HIGHER PAY THAN THAT PROVIDED FOR MAJOR AND OTHER TEAM MEMBERS HIGHER THAN THAT PROVIDED FOR CAPTAIN. MEMBERS OF THE NATIONAL GUARD RESERVE ARE NOT ELIGIBLE. THIS CONFORMS TO THE PROVISIONS OF PARAGRAPH 484, NATIONAL GUARD REGULATIONS, AND IS NOT IN CONFLICT WITH THE PROVISIONS OF PARAGRAPHS 486 AND 487 (E), WHICH APPLY TO STATE RIFLE COMPETITIONS HELD FOR THE PURPOSE OF SELECTING NEW SHOOTING MEMBERS, AS MENTIONED IN PARAGRAPH 11 OF THIS CIRCULAR LETTER. * * * * *

4.PROPERTY AND DISBURSING OFFICERS WILL PAY AUTHORIZED MEMBERS OF DULY DETAILED NATIONAL GUARD TEAMS AT THE PAY OF THEIR GRADES ON PROPERLY EXECUTED VOUCHERS CERTIFIED BY THE TEAM CAPTAIN FOR THE FOLLOWING PERIODS:

(A) THE PERIOD OF NECESSARY TRAVEL TO AND FROM CAMP PERRY, OHIO.

(B) THE PERIOD OF THE NATIONAL MATCHES (SEPT. 19-27).

(C) FOR OTHER PRACTICE AT THE RANGE AT CAMP PERRY, NOT EXCEEDING EIGHT DAYS PRIOR TO THE FIRST DAY OF THE NATIONAL MATCHES (SEPT. 11 18).

(D) FOR OTHER PRACTICE AT THE RANGE AT CAMP PERRY FOR THOSE ATTENDING THE SCHOOL OF INSTRUCTION IN MARKSMANSHIP, NOT EXCEEDING EIGHTEEN DAYS PRIOR TO THE FIRST DAY OF THE NATIONAL MATCHES (SEPT. 1 18).

SECTION 92 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, REQUIRES THE PARTICIPATION OF EACH COMPANY, TROOP, BATTERY, AND DETACHMENT OF THE NATIONAL GUARD IN "ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE AT LEAST 15 DAYS IN TRAINING EACH YEAR, INCLUDING TARGET PRACTICE "UNLESS EXCUSED BY THE SECRETARY OF WAR, AND SECTION 94 PROVIDES FOR "ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD OR COAST DEFENSE INSTRUCTION.'

THE PROVISIONS OF SECTION 80 OF THE ACT FOR LEAVE OF ABSENCE WITHOUT DEDUCTION OF PAY, TIME, OR EFFICIENCY RATING FOR MEMBERS OF THE NATIONAL GUARD, WHO ARE ALSO EMPLOYEES OF THE UNITED STATES GOVERNMENT "ON ALL DAYS DURING WHICH THEY SHALL BE ENGAGED IN FIELD OR COAST DEFENSE TRAINING," ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THE NATIONAL DEFENSE ACT ARE BASED ON THE REQUIREMENTS FOR ENCAMPMENTS, INCLUDING OUTDOOR TARGET PRACTICE, OF ORGANIZATIONS OF THE NATIONAL GUARD CONTEMPLATED BY SECTIONS 92 AND 94. SECTION 97 OF THE ACT, 39 STAT. 207, PROVIDES:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR MAY PROVIDE CAMPS FOR THE INSTRUCTION OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD. SUCH CAMPS SHALL BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE, AND MAY BE LOCATED EITHER WITHIN OR WITHOUT THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA TO WHICH THE MEMBERS OF THE NATIONAL GUARD DESIGNATED TO ATTEND SAID CAMPS SHALL BELONG. OFFICERS AND ENLISTED MEN ATTENDING SUCH CAMPS SHALL BE ENTITLED TO PAY AND TRANSPORTATION, AND ENLISTED MEN TO SUBSISTENCE, IN ADDITION, AT THE SAME RATES AS FOR ENCAMPMENTS OR MANEUVERS FOR FIELD OR COAST-DEFENSE INSTRUCTION.

PARAGRAPH 483 OF THE NATIONAL GUARD REGULATIONS, 1922, PROVIDES:

SERVICE AT RIFLE COMPETITIONS WILL NOT BE RECKONED IN THE ASSEMBLIES FOR DRILL AND INSTRUCTION NOR AS PART OF PERIOD OF ENCAMPMENT OR MANEUVERS PRESCRIBED IN SECTION 92, NATIONAL DEFENSE ACT. PERIODS OF SERVICE AT COMPETITIONS UNDER FEDERAL PAY ARE PERIODS FOR WHICH OFFICERS AND ENLISTED MEN ARE LAWFULLY ENTITLED TO THE SAME PAY AS OFFICERS AND ENLISTED MEN OF THE CORRESPONDING GRADES IN THE REGULAR ARMY, IN THE MEANING OF SECTIONS 109 AND 110, NATIONAL DEFENSE ACT, AND SUCH PERIODS FOR WHICH COMPENSATION IS PAID UNDER THE PROVISIONS OF THOSE SECTIONS.

IN COMPETITIONS INDIVIDUAL MEMBERS, NOT ORGANIZATIONS, OF THE NATIONAL GUARD PARTICIPATE, AND IF ENTITLED TO THE FEDERAL PAY OF THEIR GRADES DURING THE PERIOD OF THEIR ATTENDANCE AT SUCH COMPETITIONS IT MUST BE ON THE THEORY THAT IT IS AN ATTENDANCE AT A CAMP "FOR THE INSTRUCTION OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD.' DURING PERIODS OF ATTENDANCE AT CAMPS OF INSTRUCTION FOR INDIVIDUALS UNDER SECTION 97, THE INDIVIDUAL MEMBERS ARE NOT ENGAGED IN FIELD OR COAST-DEFENSE TRAINING WITHIN THE MEANING OF SECTION 80, AND IF EMPLOYED BY THE UNITED STATES ARE NOT ENTITLED TO ADDITIONAL LEAVE OF ABSENCE OR "MILITARY LEAVE" WHILE ABSENT FROM THEIR DUTY ATTENDING SUCH RIFLE COMPETITIONS OR OTHER CAMPS OF INSTRUCTION.