A-13571, APRIL 10, 1926, 5 COMP. GEN. 815

A-13571: Apr 10, 1926

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TRANSMITTED HEREWITH FOR YOUR CONSIDERATION AND ADVANCE DECISION ARE PAY ROLLS OF THE 105TH OBSERVATION SQUADRON. FOR WHICH OFFICE THE UNDERSIGNED IS THE DESIGNATED DISBURSING OFFICER. 2. THE ORIGINAL ROLLS OF THESE ORGANIZATIONS FOR THE PERIOD FOR WHICH FLYING PAY IS CLAIMED. WERE PREVIOUSLY SUBMITTED AND PAID ON VOUCHERS 384 AND 674. THE ROLLS FOR FLYING PAY AS FORWARDED HEREWITH HAVE ATTACHED THERETO ORDERS DESIGNATING DATES OF SPLIT DRILLS. ALSO CERTIFICATES THAT SPLIT DRILLS WERE DULY ORDERED ON THE SPECIFIED DATES. THROUGH ERROR WERE NOT SHOWN ON ORIGINAL ROLLS. 3. THESE PROVISIONS HAVE NOT BEEN COMPLIED WITH. SEVERAL OF THE SPLIT DRILLS ANNOUNCED IN ORDERS ISSUED BY THE ORGANIZATIONS (COPIES ATTACHED) DO NOT COME WITHIN THE SEVEN -DAY LIMIT AND SINGLE FORMATIONS ARE APPARENTLY NOT DESCRIBED FOR ANY OF THE MONTHS WITHIN THE PERIOD COVERED BY THE PAY ROLLS. 4.

A-13571, APRIL 10, 1926, 5 COMP. GEN. 815

NATIONAL GUARD ARMORY DRILL PAY - AVIATION DUTY AN OFFICER OR ENLISTED MAN OF AN AIR-SERVICE ORGANIZATION OF THE NATIONAL GUARD MAY QUALIFY FOR THE 50 PERCENTUM INCREASE OF ARMORY DRILL PAY ONLY BY PARTICIPATING IN ONE OR MORE FLIGHTS AT THE DULY ORDERED FORMATION OF HIS ORGANIZATION OR SUBDIVISION THEREOF AT WHICH HE QUALIFIES FOR ARMORY- DRILL PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. C. M. EXLEY, UNITED STATES ARMY, APRIL 10, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 8, 1926, AS FOLLOWS:

1. TRANSMITTED HEREWITH FOR YOUR CONSIDERATION AND ADVANCE DECISION ARE PAY ROLLS OF THE 105TH OBSERVATION SQUADRON, AIR SERVICE, TENNESSEE NATIONAL GUARD AND THE MEDICAL DETACHMENT THEREOF, FOR FLYING PAY UNDER THE PROVISIONS OF CIRCULAR 46, MILITIA BUREAU, WAR DEPARTMENT, OCT. 12, 1925, SUBMITTED TO THIS OFFICE FOR PAYMENT, FOR WHICH OFFICE THE UNDERSIGNED IS THE DESIGNATED DISBURSING OFFICER.

2. THE ORIGINAL ROLLS OF THESE ORGANIZATIONS FOR THE PERIOD FOR WHICH FLYING PAY IS CLAIMED, OCTOBER 1-DECEMBER 31, 1925, WERE PREVIOUSLY SUBMITTED AND PAID ON VOUCHERS 384 AND 674, JAN., 1926, ACCOUNTS OF MAJOR C. M. EXLEY, FINANCE DEPT. THE RECAPITULATIONS AT THE BACK OF THE ORIGINAL ROLLS DO NOT SHOW ANY SPLIT DRILLS OR REFERENCE WHATEVER TO SUCH ASSEMBLIES. THE ROLLS FOR FLYING PAY AS FORWARDED HEREWITH HAVE ATTACHED THERETO ORDERS DESIGNATING DATES OF SPLIT DRILLS, ALSO CERTIFICATES THAT SPLIT DRILLS WERE DULY ORDERED ON THE SPECIFIED DATES,BUT THROUGH ERROR WERE NOT SHOWN ON ORIGINAL ROLLS.

3. PAR. 422, NATIONAL GUARD REGULATIONS, 1922, AS AMENDED BY CHANGES NO. 19, REQUIRES SPLIT ASSEMBLIES TO BE WITHIN A TIME LIMIT OF SEVEN CONSECUTIVE DAYS IN A CALENDAR MONTH AND THAT AT LEAST ONE DRILL OR ASSEMBLY DURING ANY MONTH SHALL BE A SINGLE FORMATION ORDERED FOR THE ENTIRE ORGANIZATION AT THE SAME TIME AND PLACE. THESE PROVISIONS HAVE NOT BEEN COMPLIED WITH. SEVERAL OF THE SPLIT DRILLS ANNOUNCED IN ORDERS ISSUED BY THE ORGANIZATIONS (COPIES ATTACHED) DO NOT COME WITHIN THE SEVEN -DAY LIMIT AND SINGLE FORMATIONS ARE APPARENTLY NOT DESCRIBED FOR ANY OF THE MONTHS WITHIN THE PERIOD COVERED BY THE PAY ROLLS.

4. THIS OFFICE IS IN DOUBT AS TO THE RIGHT OF THE ORGANIZATIONS TO THE PAY CLAIMED, OWING TO THE IRREGULARITIES HEREIN MENTIONED, ESPECIALLY AS THE ORIGINAL ROLLS SHOWED NO SPLIT DRILLS AND THE EVIDENCE OF SUCH DRILLS WAS SUBMITTED SUBSEQUENT TO THEIR PAYMENT.

ON THE PAY ROLLS IT IS STATED THAT THE DRILLS PRESCRIBED FOR OCTOBER, NOVEMBER, AND DECEMBER, 1925, ARE AS FOLLOWS:

OCTOBER 7, 14, 21, 28.

NOVEMBER 4, 11, 18, 25.

DECEMBER 2, 9, 16.

ATTACHED TO THE PAY ROLL IS GENERAL ORDER NO. 4, DATED OCTOBER 1, 1925, SIGNED BY THE COMMANDING OFFICER OF THE ORGANIZATION, AS FOLLOWS:

EFFECTIVE THIS DATE THE AUTHORIZED DATES FOR SPLIT-DRILL ASSEMBLES FOR THIS SQUADRON ARE OCT. 4, 8, 11, 24, AT 2 P.M.; DURATION OF EACH DRILL 2 HOURS.

NOVEMBER, 1925, SPLIT-DRILL DATES, 8, 11, 22, 29, AT 2 P.M., 2 HOURS.

DECEMBER, 6, 13, 13, 19, 2 HOURS' DURATION;

AND ALSO THE FOLLOWING CERTIFICATE OF THE COMMANDING OFFICER, DATED OCTOBER 1, 1925:

I. I CERTIFY THAT THE SPLIT-DRILL DATES LISTED ON GENERAL ORDER NO. 4 DATED OCT. 1, 1925, ARE TRUE AND CORRECT, THE SPLIT-DRILL DATES WERE NOT SHOWN ON THE ORIGINAL PAY ROLLS THRU ERROR.

THERE IS ALSO ATTACHED SQUADRON SPECIAL ORDER NO. 1, DATED OCTOBER 1, 1925, PLACING CERTAIN ENLISTED MEN ON FLYING STATUS, EFFECTIVE OCTOBER 1, 1925, PURSUANT TO W.D. CIRCULAR NO. 46-B, DATED OCTOBER 12, 1925. THE ORDER WAS APPARENTLY ISSUED RETROACTIVELY AT SOME TIME SUBSEQUENT TO OCTOBER 12, 1925.

IN THE SCHEDULES OF FLIGHTS IT IS SHOWN THAT MOST OF THE FLIGHTS WERE PERFORMED ON THE SO-CALLED SPLIT-DRILL DATES.

PARAGRAPH 442, NATIONAL GUARD REGULATIONS, 1922, AS AMENDED BY CHANGES NO. 19, OCTOBER 1, 1924, PROVIDES:

AN ASSEMBLY FOR DRILL AND INSTRUCTION MAY CONSIST OF A DULY ORDERED FORMATION OF A COMPANY, TROOP, BATTERY, OR DETACHMENT, OR OF A SERIES OF DULY ORDERED FORMATIONS OF SUBDIVISIONS OR PARTS THEREOF, BUT IN THE LATTER CASE THE SERIES OF FORMATIONS OF SUBDIVISIONS OR GROUPS MUST COMPREHEND AND INCLUDE THE ENTIRE ORGANIZATION, AND MUST BE INCLUDED WITHIN THE TIME LIMIT OF SEVEN CONSECUTIVE DAYS WITHIN A CALENDAR MONTH. THE SUM TOTAL OF THE ATTENDANCE AT ALL THE SEPARATE CONSECUTIVE FORMATIONS ANNOUNCED AS CONSTITUTING THAT ASSEMBLY SHALL BE COUNTED AS THE ATTENDANCE AT THE ACTUAL MILITARY ASSEMBLY FOR THE REQUIRED PERIOD OF TIME; BUT NO OFFICER, WARRANT OFFICER, OR ENLISTED MAN SHALL BE COUNTED MORE THAN ONCE, NOR RECEIVE CREDIT FOR MORE THAN ONE REQUIRED PERIOD OF ACTUAL MILITARY ATTENDANCE EVEN THOUGH HE MAY HAVE ATTENDED MORE THAN ONE OF THE FORMATIONS WHICH CONSTITUTE THE ASSEMBLY FOR THE REQUIRED PERIOD OF TIME. OF THESE ASSEMBLIES THE FIRST DESCRIBED WILL BE REFERRED TO IN THESE REGULATIONS AS A "SINGLE FORMATION ASSEMBLY" AND THE LAST DESCRIBED AS A "SPLIT ASSEMBLY.'

DURING EACH CALENDAR MONTH IN WHICH AN ORGANIZATION HOLDS ASSEMBLIES FOR DRILL AND INSTRUCTION AT LEAST ONE OF SUCH ASSEMBLIES SHALL BE A SINGLE FORMATION ORDERED FOR THE ENTIRE ORGANIZATION AT THE SAME TIME AND PLACE. THE REMAINDER OF THE ASSEMBLIES OF AN ORGANIZATION DURING ANY MONTH MAY BE SPLIT ASSEMBLIES. THE TIME LIMIT WITHIN WHICH A SPLIT ASSEMBLY MAY BE HELD SHALL BE STATED IN THE ORDER PRESCRIBING SUCH ASSEMBLY, AND THE TIME LIMIT OF ONE SUCH ASSEMBLY SHALL NOT OVERLAP THAT OF ANOTHER. NO SINGLE FORMATION ASSEMBLY SHALL BE HELD WITHIN THE TIME LIMIT PRESCRIBED FOR A SPLIT ASSEMBLY. * * *

APPARENTLY THE REGULAR PRESCRIBED DRILLS ON OCTOBER 7, 14, 21, 28, NOVEMBER 4, 11, 18, 25, DECEMBER 2, 9, 16 WERE SINGLE FORMATIONS OF THE ENTIRE ORGANIZATION AT WHICH THOSE ATTENDING QUALIFIED FOR ARMORY DRILL PAY, AND THAT ON EACH OF THE DATES PRESCRIBED FOR SPLIT ASSEMBLIES WAS HELD ONE FORMATION OF ONLY A PART OF THE ORGANIZATION. THIS FORMATION OF A PART OF THE ORGANIZATION CAN NOT BE CONSIDERED AS A PART OF THE SINGLE FORMATION OF THE ENTIRE ORGANIZATION, AND STANDING ALONE IT IS NOT A SPLIT ASSEMBLY WITHIN THE MEANING OF THE LAW AND REGULATIONS.

THE FORMATION, WHETHER IT BE OF THE ENTIRE ORGANIZATION OR ONE OF THE SERIES OF FORMATIONS OF SUBDIVISIONS CONSTITUTING A SPLIT ASSEMBLY AT WHICH THE OFFICER OR ENLISTED MAN QUALIFIES FOR ARMORY DRILL PAY IS THE FORMATION AT WHICH HE MAY ALSO QUALIFY FOR THE 50 PERCENTUM INCREASE OF SUCH ARMORY DRILL PAY BY PARTICIPATING IN ONE OR MORE FLIGHTS DURING SUCH FORMATION.

THE OFFICERS AND ENLISTED MEN ON THE PAY ROLLS SUBMITTED DID NOT QUALIFY FOR ARMORY DRILL PAY BY ATTENDING THE FORMATION OF A PART OF THE ORGANIZATION ON THE DATES DESIGNATED FOR A SPLIT ASSEMBLY, AND ACQUIRED NO RIGHT TO THE 50 PERCENTUM INCREASE OF ARMORY DRILL PAY BY PARTICIPATING IN AERIAL FLIGHTS ON SUCH DATES. SEE 43 MS. COMP. GEN. 1304, 1307, MARCH 28, 1925, A-7760; DECISION OF APRIL 8, 1926, A 13434. NO COMMENT IS MADE ON INACCURACIES ON THE ROLLS.