A-17163, FEBRUARY 7, 1927, 6 COMP. GEN. 508

A-17163: Feb 7, 1927

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" IS AVAILABLE FOR THE PAYMENT OF PAY. " IS AVAILABLE FOR THE PAYMENT OF PAY. WHICH IS AS FOLLOWS: SEC. 97. YOU STATE: REGULATIONS FOR SUCH ASSEMBLAGES AT SCHOOLS HAVE NOT BEEN PUBLISHED. HAVE BEEN PREPARED AND APPROVED. WILL BE PUBLISHED BEFORE I AUTHORIZE SUCH AN ASSEMBLAGE. THESE PROPOSED REGULATIONS ARE CONTAINED IN NATIONAL GUARD REGULATIONS NO. 45 ON "TRAINING" AND READ AS FOLLOWS: "44. THESE ASSEMBLAGES ARE HEREINAFTER REFERRED TO AS "SCHOOLS OF INSTRUCTION.'" "46. WILL BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE. SUCH SCHOOLS ARE CLASSIFIED AS FOLLOWS: A. DEFINITION OF AND PURPOSE: SCHOOLS OF INSTRUCTION IN ADMINISTRATIVE DUTIES ARE FOR THE PURPOSE OF IMPARTING INDIVIDUAL ADMINISTRATIVE INSTRUCTION TO SELECTED OFFICERS OF THE NATIONAL GUARD OF THE SEVERAL STATES.

A-17163, FEBRUARY 7, 1927, 6 COMP. GEN. 508

APPROPRIATIONS - NATIONAL GUARD OFFICERS ATTENDING SCHOOLS OF INSTRUCTION THE APPROPRIATION "EXPENSES, CAMPS OF INSTRUCTION, 1927," IS AVAILABLE FOR THE PAYMENT OF PAY, ALLOWANCES, AND TRANSPORTATION OF OFFICERS OF THE NATIONAL GUARD ATTENDING SCHOOLS ESTABLISHED UNDER THE PROVISIONS OF SECTION 97 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF MAY 28, 1926, 44 STAT. 674.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 7, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 22, 1927, REQUESTING DECISION AS TO WHETHER THE APPROPRIATION,"EXPENSES, CAMPS OF INSTRUCTION, 1927," IS AVAILABLE FOR THE PAYMENT OF PAY, ALLOWANCES, AND TRANSPORTATION TO OFFICERS OF THE NATIONAL GUARD ASSEMBLED FOR THE PURPOSE OF ATTENDING SCHOOLS AS PROVIDED BY SECTION 97 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF MAY 28, 1926, 44 STAT. 674, WHICH IS AS FOLLOWS:

SEC. 97. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR MAY PROVIDE FOR ASSEMBLAGES OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD FOR THE PURPOSE OF ATTENDING SCHOOLS TO BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE, OR FOR THE PURPOSE OF PARTICIPATING IN SMALL ARMS COMPETITIONS. SUCH ASSEMBLAGES MAY BE HELD EITHER WITHIN OR WITHOUT THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA, TO WHICH THE MEMBERS OF THE NATIONAL GUARD DESIGNATED TO ATTEND THEM SHALL BELONG. OFFICERS AND WARRANT OFFICERS ATTENDING SUCH ASSEMBLAGES SHALL BE ENTITLED TO PAY, ALLOWANCES, AND TRANSPORTATION, AND ENLISTED MEN TO PAY, TRANSPORTATION AND SUBSISTENCE AT THE SAME RATES AS FOR ENCAMPMENTS OR MANEUVERS FOR FIELD OR COAST-DEFENSE INSTRUCTION.

YOU STATE:

REGULATIONS FOR SUCH ASSEMBLAGES AT SCHOOLS HAVE NOT BEEN PUBLISHED, BUT HAVE BEEN PREPARED AND APPROVED, AND, OF COURSE, WILL BE PUBLISHED BEFORE I AUTHORIZE SUCH AN ASSEMBLAGE. THESE PROPOSED REGULATIONS ARE CONTAINED IN NATIONAL GUARD REGULATIONS NO. 45 ON "TRAINING" AND READ AS FOLLOWS:

"44. A. (1) ASSEMBLAGES FOR THE PURPOSE OF ATTENDING SCHOOLS TO BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE. THESE ASSEMBLAGES ARE HEREINAFTER REFERRED TO AS "SCHOOLS OF INSTRUCTION.'"

"46. SCHOOLS OF INSTRUCTION. SCHOOLS FOR THE INSTRUCTION OF SELECTED OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD MAY BE HELD AT SUCH TIMES AND PLACES AS MAY BE APPROVED BY THE CHIEF, MILITIA BUREAU, AND WILL BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE. SUCH SCHOOLS ARE CLASSIFIED AS FOLLOWS:

A. FOUR DAYS SCHOOLS PREPARATORY TO FIELD TRAINING.

B. RIFLE SCHOOLS OF INSTRUCTION.

C. SCHOOLS FOR INSTRUCTION IN ADMINISTRATIVE DUTIES.'

"50. SCHOOLS OF INSTRUCTION IN ADMINISTRATIVE DUTIES.---A. DEFINITION OF AND PURPOSE: SCHOOLS OF INSTRUCTION IN ADMINISTRATIVE DUTIES ARE FOR THE PURPOSE OF IMPARTING INDIVIDUAL ADMINISTRATIVE INSTRUCTION TO SELECTED OFFICERS OF THE NATIONAL GUARD OF THE SEVERAL STATES. THIS INSTRUCTION IS DESIGNED TO DEVELOP A UNIFORM SYSTEM OF CONDUCTING THE ADMINISTRATION OF THE NATIONAL GUARD IN THE STATES IN ITS RELATION TO THE FEDERAL GOVERNMENT.'

SECTION 67 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 199, PROVIDES THAT A SUM OF MONEY SHALL HEREAFTER BE APPROPRIATED ANNUALLY FOR THE SUPPORT OF THE NATIONAL GUARD, INCLUDING CERTAIN SPECIFIED EXPENSES, AND SUCH OTHER EXPENSES PERTAINING TO SAID GUARD AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW.

SECTION 94 OF THE NATIONAL DEFENSE ACT PROVIDED FOR THE PARTICIPATION OF THE NATIONAL GUARD IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD OR COAST DEFENSE INSTRUCTION, AND THAT THE OFFICERS AND ENLISTED MEN OF SUCH NATIONAL GUARD WHILE SO ENGAGED SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED BY LAW.

SECTION 97 OF THE ACT BEFORE ITS AMENDMENT PROVIDED FOR CAMPS OF INSTRUCTION TO BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE, AND THAT THE OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD ATTENDING SUCH CAMPS SHALL BE ENTITLED TO PAY, TRANSPORTATION, ETC., AT THE SAME RATES AS FOR ENCAMPMENTS OR MANEUVERS FOR FIELD OR COAST DEFENSE INSTRUCTION.

AN APPROPRIATION HAS BEEN MADE ANNUALLY UNDER THE GENERAL HEAD OF "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD" FOR THE PAYMENT OF THE PAY AND ALLOWANCES OF THE OFFICERS AND ENLISTED MEN ATTENDING THE ENCAMPMENTS AUTHORIZED BY SECTION 94 AND ALSO FOR THOSE ATTENDING CAMPS OF INSTRUCTION AUTHORIZED BY SECTION 97,"FOR EXPENSES, CAMPS OF INSTRUCTION, * * *.' SUCH APPROPRIATION FOR THE CURRENT FISCAL YEAR WAS MADE BY THE ACT OF APRIL 15, 1926, 44 STAT. 281.

THE AMENDMENT PROVIDES FOR ASSEMBLAGES FOR THE PURPOSE OF ATTENDING SCHOOLS, OR AS TERMED IN THE REGULATIONS,"SCHOOLS OF INSTRUCTION," INSTEAD OF CAMPS OF INSTRUCTION. IN EITHER CASE THE INSTRUCTION WAS TO BE OF SUCH CHARACTER AS THE SECRETARY OF WAR MIGHT PRESCRIBE. WHILE ASSEMBLAGES FOR ATTENDING SCHOOLS OR SCHOOLS OF INSTRUCTION IS A BROADER OR MORE COMPREHENSIVE TERM THAN CAMPS OF INSTRUCTION IN THAT THE INSTRUCTION TO BE GIVEN IS NOT CONFINED TO CAMPS, YET THE DIFFERENCE IS NOT SO MATERIALLY GREAT AS TO RENDER UNAVAILABLE THE APPROPRIATION MADE FOR THE PAYMENT OF THE EXPENSES AUTHORIZED BY SECTIONS 94 AND 97 OF THE NATIONAL DEFENSE ACT.