A-16238, NOVEMBER 17, 1926, 6 COMP. GEN. 346

A-16238: Nov 17, 1926

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WHO WERE IN ATTENDANCE AT THE INTERSTATE RIFLE MATCHES AT SEA GIRT. IT APPEARS THAT THE OFFICERS AND ENLISTED MEN IN QUESTION ARE OF THE STATE STAFF CORPS AND DEPARTMENTS. SUCH OFFICERS ARE OFFICERS NOT BELONGING TO ORGANIZATIONS FOR WHOM PAY IS PROVIDED BY SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 3. * * * FOR EACH DRILL ORDERED FOR HIS ORGANIZATION WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS. RECEIVE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION FOR ANY DRILL HAD IN ACCORDANCE WITH SUCH PROVISIONS WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS WITH A NATIONAL GUARD ORGANIZATION WITHIN THE SAME STATE AT A STATION OTHER THAN HIS OWN.

A-16238, NOVEMBER 17, 1926, 6 COMP. GEN. 346

PAY, ARMORY DRILL - NATIONAL GUARD MEMBERS ATTENDING RIFLE MATCHES THE ATTENDANCE OF CERTAIN OFFICERS AND ENLISTED MEN OF THE STATE STAFF CORPS AND DEPARTMENTS, DISTRICT OF COLUMBIA NATIONAL GUARD, AT THE INTERSTATE RIFLE MATCHES AT SEA GIRT, N.J., FROM SEPTEMBER 3 TO 16, 1926, MAY NOT BE ACCEPTED AS EQUIVALENT TO AND IN LIEU OF ATTENDANCE AT THE REGULAR ORDERED DRILLS HELD DURING THEIR ABSENCE.

COMPTROLLER GENERAL MCCARL TO MAJ. E. F. ELY, UNITED STATES ARMY, NOVEMBER 17, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 21, 1926, INCLOSING PAY ROLL (ARMORY DRILL) OF DISTRICT OF COLUMBIA ADMINISTRATIVE STAFF, WASHINGTON, D.C., FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 1926, AND REQUESTING DECISION AS TO WHETHER CAPT. JUST C. JENSEN, ORDNANCE DEPARTMENT; CAPT. FLETCHER F. BERNSDORFF, QUARTERMASTER CORPS; ALEX J. THILL, STAFF SERGEANT, GRADE III, ORDNANCE DEPARTMENT; AND WHITING P. LIGHTFOOT, TECHNICAL SERGEANT, GRADE II, QUARTERMASTER CORPS, WHO WERE IN ATTENDANCE AT THE INTERSTATE RIFLE MATCHES AT SEA GIRT, N.J., FROM SEPTEMBER 3 TO 16, 1926, MAY BE COUNTED AS PRESENT AT DRILLS AND ASSEMBLIES OF THEIR UNIT HELD DURING THE PERIOD OF THE MATCHES, SO AS TO ENTITLE THEM TO ARMORY DRILL PAY FOR SUCH PERIOD OR FOR SUCH DRILLS.

IT APPEARS THAT THE OFFICERS AND ENLISTED MEN IN QUESTION ARE OF THE STATE STAFF CORPS AND DEPARTMENTS. SUCH OFFICERS ARE OFFICERS NOT BELONGING TO ORGANIZATIONS FOR WHOM PAY IS PROVIDED BY SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364, AS FOLLOWS:

* * * AND OFFICERS BELOW THE GRADE OF MAJOR, NOT BELONGING TO ORGANIZATIONS, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTION 3 OF PAY READJUSTMENT ACT FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. * * *

SECTION 110 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 6, 1924, 43 STAT. 471, IN SO FAR AS HERE MATERIAL, PROVIDES:

PAY FOR NATIONAL GUARD ENLISTED MEN.--- EACH ENLISTED MAN BELONGING TO AN ORGANIZATION OF THE NATIONAL GUARD, * * * SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE INITIAL MONTHLY PAY OF HIS GRADE IN THE REGULAR ARMY, * * * FOR EACH DRILL ORDERED FOR HIS ORGANIZATION WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS, NOT EXCEEDING EIGHT IN ANY ONE CALENDAR MONTH AND NOT EXCEEDING SIXTY DRILLS IN ONE YEAR: * * * PROVIDED FURTHER, THAT PERIODS OF ANY ACTUAL MILITARY DUTY EQUIVALENT TO THE DRILLS HEREIN PRESCRIBED (EXCEPT THOSE PERIODS OF SERVICE PROVIDED FOR IN SECTION 94, 97, 99 AND 101 OF THE NATIONAL DEFENSE ACT, AS AMENDED) MAY BE ACCEPTED AS SERVICE IN LIEU OF SUCH DRILLS WHEN SO PROVIDED BY THE SECRETARY OF WAR: AND PROVIDED FURTHER, THAT ANY ENLISTED MAN SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, RECEIVE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION FOR ANY DRILL HAD IN ACCORDANCE WITH SUCH PROVISIONS WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS WITH A NATIONAL GUARD ORGANIZATION WITHIN THE SAME STATE AT A STATION OTHER THAN HIS OWN, UPON PRESENTATION OF A CERTIFICATE IN FORM PRESCRIBED IN SAID REGULATIONS FROM THE ORGANIZATION COMMANDER TO THE COMMANDING OFFICER OF THE ORGANIZATION OF WHICH IS A MEMBER SHOWING SUCH DRILL PARTICIPATION.

PARAGRAPH 929, NATIONAL GUARD REGULATIONS, 1922, AS AMENDED BY CHANGES NO. 14, JUNE 3, 1924, PROVIDES:

ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN WILL BE GIVEN CREDIT FOR ATTENDANCE AT ASSEMBLIES FOR DRILL AND INSTRUCTION, AND WILL QUALIFY FOR ARMORY DRILL PAY WHEN THEY HAVE FULLY COMPLIED WITH THE DUTIES AND INSTRUCTIONS PRESCRIBED FOR THEIR GRADES IN THESE REGULATIONS. (SEE PARAGRAPHS BELOW.)

(6) OFFICERS OF STATE STAFF CORPS AND DEPARTMENTS, 445 (K), 928 (B) AND (C).

(11) ENLISTED PERSONNEL, STAFF CORPS AND DEPARTMENTS, * * * 442, 446, 447, 928 (E).

THE PARAGRAPHS OF THE REGULATIONS CITED REQUIRE ATTENDANCE AT ASSEMBLIES FOR DRILL AND INSTRUCTION AND PRESCRIBE THE NATURE OF THE INSTRUCTION. THERE IS NO REGULATION, HOWEVER, PROVIDING THAT ATTENDANCE AT RIFLE COMPETITIONS WILL BE ACCEPTED AS EQUIVALENT TO AND IN LIEU OF ATTENDANCE AT SUCH DRILLS. WITHOUT DECIDING AT THIS TIME WHETHER, IN VIEW OF SECTION 92 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 43 STAT. 363, AND SECTION 110, AS AMENDED, 43 STAT. 471, REQUIRING AN ENLISTED MAN TO BE ENTITLED TO ARMORY DRILL PAY TO BE "OFFICIALLY PRESENT" AT AN ORDERED DRILL OF HIS ORGANIZATION, WITH AN EXCEPTION NAMED AND PROVIDED FOR IN THE SECTION, A REGULATION PROVIDING FOR CREDIT FOR ATTENDANCE AT A DRILL OF AN ORGANIZATION WHILE THE ENLISTED MAN IS ACTUALLY ABSENT AND PARTICIPATING IN A RIFLE MATCH WOULD BE VALID, IT IS SUFFICIENT TO SAY THAT IN THE ABSENCE OF SUCH REGULATION, THE ATTENDANCE OF THE OFFICERS AND ENLISTED MEN IN QUESTION AT THE INTERSTATE RIFLE MATCHES AT SEA GIRT, N.J., MAY NOT BE ACCEPTED AS EQUIVALENT TO AND IN LIEU OF ATTENDANCE AT THE REGULAR ORDERED DRILLS HELD DURING THEIR ABSENCE. ON THE PAY ROLL THESE OFFICERS AND ENLISTED MEN ARE GIVEN CREDIT FOR ATTENDING DRILLS ON SEPTEMBER 7 AND 14, 1926, BY VIRTUE OF THEIR PARTICIPATION IN THESE RIFLE MATCHES. THEY ARE NOT ENTITLED TO SUCH CREDIT.