A-16473, DECEMBER 9, 1926, 6 COMP. GEN. 394

A-16473: Dec 9, 1926

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ARMORY DRILL - NATIONAL GUARD THE ATTENDANCE AT DRILLS OF A LINE ORGANIZATION OF THE NATIONAL GUARD IS NOT THE PERFORMANCE OF APPROPRIATE DUTIES BY AN OFFICER OF THE DENTAL CORPS OF THE NATIONAL GUARD SO AS TO ENTITLE HIM TO ARMORY DRILL PAY. REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME. IT APPEARS THAT CAPTAIN ANDERTON IS ASSIGNED TO THE MEDICAL DEPARTMENT DETACHMENT OF THE ONE HUNDRED AND FIFTEENTH FIELD ARTILLERY. HE WAS ATTACHED TO BATTERY A. HIS CLAIM IS BASED ON HIS ATTENDANCE AT DRILLS OF BATTERY A. IS ENTITLED TO ARMORY DRILL PAY FOR THE SATISFACTORY PERFORMANCE OF HIS APPROPRIATE DUTIES AS PRESCRIBED IN THE NATIONAL GUARD REGULATIONS. THE APPROPRIATE DUTIES OF SUCH AN OFFICER ARE PRESCRIBED IN PARAGRAPHS 445(J) AND 452 AS AMENDED BY CHANGES NO. 14.

A-16473, DECEMBER 9, 1926, 6 COMP. GEN. 394

PAY, ARMORY DRILL - NATIONAL GUARD THE ATTENDANCE AT DRILLS OF A LINE ORGANIZATION OF THE NATIONAL GUARD IS NOT THE PERFORMANCE OF APPROPRIATE DUTIES BY AN OFFICER OF THE DENTAL CORPS OF THE NATIONAL GUARD SO AS TO ENTITLE HIM TO ARMORY DRILL PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. F. J. BAKER, UNITED STATES ARMY, DECEMBER 9, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 22, 1926, TRANSMITTING SUPPLEMENTAL PAY ROLLS OF MEDICAL DEPARTMENT DETACHMENT, ONE HUNDRED AND FIFTEENTH FIELD ARTILLERY, TENNESSEE NATIONAL GUARD, JANUARY 1, TO MARCH 31, 1926, AND APRIL 1 TO JUNE 30, 1926, COVERING THE CLAIM OF CAPT. MURRELL W. ANDERTON, DENTAL CORPS, FOR ARMORY DRILL PAY, AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME.

IT APPEARS THAT CAPTAIN ANDERTON IS ASSIGNED TO THE MEDICAL DEPARTMENT DETACHMENT OF THE ONE HUNDRED AND FIFTEENTH FIELD ARTILLERY, MEMPHIS, TENN., AND THAT BY SPECIAL ORDER NO. 30, A.G.O. TENN., APRIL 1, 1924, HE WAS ATTACHED TO BATTERY A, ONE HUNDRED AND FIFTEENTH FIELD ARTILLERY, TENNESSEE NATIONAL GUARD, WINCHESTER, TENN., FOR DRILL AND INSTRUCTION. HIS CLAIM IS BASED ON HIS ATTENDANCE AT DRILLS OF BATTERY A.

CAPTAIN ANDERTON, BEING A STAFF OFFICER BELOW THE GRADE OF MAJOR NOT BELONGING TO AN ORGANIZATION, IS ENTITLED TO ARMORY DRILL PAY FOR THE SATISFACTORY PERFORMANCE OF HIS APPROPRIATE DUTIES AS PRESCRIBED IN THE NATIONAL GUARD REGULATIONS. SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364; PAR. 928 (B), NATIONAL GUARD REGULATIONS, 1922, AS AMENDED BY CHANGES NO. 14, JUNE 3, 1924. THE APPROPRIATE DUTIES OF SUCH AN OFFICER ARE PRESCRIBED IN PARAGRAPHS 445(J) AND 452 AS AMENDED BY CHANGES NO. 14, JUNE 3, 1924, WHICH DO NOT INCLUDE THE ATTENDANCE AT DRILLS OF A LINE ORGANIZATION BY AN OFFICER OF A STAFF CORPS. IT HAS BEEN HELD THAT ATTENDANCE AT DRILLS OF A LINE ORGANIZATION BY AN OFFICER OF THE MEDICAL CORPS IS NOT THE PERFORMANCE OF THE APPROPRIATE DUTIES OF SUCH OFFICER AND THAT HE IS NOT ENTITLED TO ARMORY DRILL PAY BY REASON OF SUCH ATTENDANCE. SEE 51 MS. COMP. GEN. 585, NOVEMBER 18, 1925, A-11639; 54 ID. 1183, FEBRUARY 26, 1926, A-12939.