A-17476, MARCH 26, 1927, 6 COMP. GEN. 635

A-17476: Mar 26, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MILITARY LEAVE - PAY - INTERNATIONAL RIFLE MATCHES - NATIONAL GUARD OF THE DISTRICT OF COLUMBIA EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED TO LEAVE UNDER SECTION 49 OF THE ACT OF MARCH 1. " IS NOT AVAILABLE FOR THE PAYMENT OF PAY TO MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA WHO ARE NOT GOVERNMENT EMPLOYEES WHILE ATTENDING THE FINAL "TRY OUTS" AND THE INTERNATIONAL RIFLE MATCHES TO BE HELD AT ROME. AS FOLLOWS: THE NATIONAL RIFLE ASSOCIATION IN CONJUNCTION WITH THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE IS TO SELECT A TEAM TO REPRESENT THE UNITED STATES IN RIFLE COMPETITION WITH FOREIGN COUNTRIES DURING THE COMING SUMMER.

A-17476, MARCH 26, 1927, 6 COMP. GEN. 635

MILITARY LEAVE - PAY - INTERNATIONAL RIFLE MATCHES - NATIONAL GUARD OF THE DISTRICT OF COLUMBIA EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED TO LEAVE UNDER SECTION 49 OF THE ACT OF MARCH 1, 1889, 25 STAT. 779, AS AMENDED BY THE ACT OF JULY 1, 1902, 32 STAT. 615, FOR THE PURPOSE OF ATTENDING THE FINAL "TRY OUTS" AND THE INTERNATIONAL RIFLE MATCHES TO BE HELD AT ROME, ITALY, MAY 20 TO JUNE 5, 1927, AS CANDIDATES FOR AND AS MEMBERS OF A RIFLE TEAM TO BE SENT BY THE NATIONAL RIFLE ASSOCIATION TO REPRESENT THE UNITED STATES. 2 COMP. GEN. 1 AMPLIFIED; 6 COMP. GEN. 270 REVERSED. THE APPROPRIATION FOR "PAY OF TROOPS OTHER THAN GOVERNMENT EMPLOYEES" CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT OF MAY 10, 1926, 44 STAT. 448, UNDER THE HEAD OF "MILITIA," IS NOT AVAILABLE FOR THE PAYMENT OF PAY TO MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA WHO ARE NOT GOVERNMENT EMPLOYEES WHILE ATTENDING THE FINAL "TRY OUTS" AND THE INTERNATIONAL RIFLE MATCHES TO BE HELD AT ROME, ITALY, MAY 20 TO JUNE 5, 1927, AS CANDIDATES FOR AND AS MEMBERS OF A RIFLE TEAM TO BE SENT BY THE NATIONAL RIFLE ASSOCIATION TO REPRESENT THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO MAJ. GEN. ANTON STEPHAN, COMMANDING OFFICER, DISTRICT OF COLUMBIA MILITIA, MARCH 26, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 16, 1927, AS FOLLOWS:

THE NATIONAL RIFLE ASSOCIATION IN CONJUNCTION WITH THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE IS TO SELECT A TEAM TO REPRESENT THE UNITED STATES IN RIFLE COMPETITION WITH FOREIGN COUNTRIES DURING THE COMING SUMMER. THERE IS ENCLOSED HEREWITH A CIRCULAR FROM THE NATIONAL RIFLE ASSOCIATION ON THIS SUBJECT, TOGETHER WITH AN ORDER ISSUED BY THIS HEADQUARTERS.

INFORMATION IS REQUESTED AS TO WHETHER OR NOT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA DETAILED BY ORDERS OF THIS HEADQUARTERS TO PARTICIPATE IN THE "TRY OUTS," WHO MAY WIN PLACES ON THE UNITED STATES TEAM, CAN BE PAID THE PAY OF THEIR GRADE FROM DISTRICT OF COLUMBIA FUNDS UNDER THE APPROPRIATION "PAY OF TROOPS," CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, IF SUCH PERSONNEL BE NON- GOVERNMENT EMPLOYEES, AND IF GOVERNMENT EMPLOYEES, WHETHER THEY MAY BE GRANTED MILITARY LEAVE UNDER THE PROVISIONS OF SECTION 49 OF THE ACT OF CONGRESS APPROVED MARCH 1, 1889, AS AMENDED BY THE ACT APPROVED JULY 1, 1902. SUCH PAY OR MILITARY LEAVE TO BE GRANTED DURING THE TIME OF THE FINAL "TRY OUTS" AND THE TIME CONSUMED IN TRAVELLING TO, REMAINING AT, AND RETURNING FROM THE INTERNATIONAL MATCHES AS MEMBERS OF THE UNITED STATES RIFLE TEAM.

GENERAL ORDER NO. 7, FEBRUARY 9, 1927, DISTRICT OF COLUMBIA MILITIA, PROVIDES:

1. UNDER AUTHORIZATION FROM THE NATIONAL RIFLE ASSOCIATION OF AMERICA,"TRY OUTS" FOR A RIFLE TEAM TO REPRESENT THE UNITED STATES OF AMERICA AT THE INTERNATIONAL RIFLE MATCHES, ROME, ITALY, ON OR ABOUT MAY 1, 1927, WILL BE HELD AT THE NATIONAL GUARD TARGET RANGE, CAMP SIMMS, CONGRESS HEIGHTS, D.C., SUNDAY, MARCH 6, 1927, OR IN CASE OF INCLEMENT WEATHER, SUNDAY, MARCH 13, 1927.

2. CONDITIONS OF COMPETITION:

ELIGIBILITY: OPEN TO ANY CITIZEN OF THE UNITED STATES.

3. THE HIGH MEN THROUGHOUT THE UNITED STATES WILL BE SELECTED BY A COMMITTEE OF THE NATIONAL RIFLE ASSOCIATION AND THESE MEN WILL BE SENT TO A CENTRAL POINT, POSSIBLY QUANTICO, FOR THE FINAL TRYOUT. ALL EXPENSES WILL BE BORNE BY THE NATIONAL RIFLE ASSOCIATION. THE FINAL TRYOUTS WILL BE HELD BETWEEN APRIL 17-30. DURING THIS PERIOD THE TEAM WILL BE SELECTED AND TRAINED.

4. ALL PERSONS DESIRING TO ENTER THIS COMPETITION WILL REGISTER WITH THE EXECUTIVE OFFICER OF THE COMPETITION ON OR BEFORE TUESDAY, MARCH 1, 1927, COMMUNICATIONS BEING ADDRESSED TO THE EXECUTIVE OFFICER AT THE NATIONAL GUARD ARMORY, NORTH CAPITOL AND D STREETS, WASHINGTON, D.C.

IT IS FURTHER STATED IN THE CIRCULAR LETTER OF THE NATIONAL RIFLE ASSOCIATION THAT THE MATCHES WILL TAKE PLACE IN ROME, ITALY, MAY 20 JUNE 5.

SECTION 40 OF THE ACT OF MARCH 1, 1889, 25 STAT. 778, CHANGED TO SECTION 43 BY THE ACT OF FEBRUARY 18, 1909, 35 STAT. 634, PROVIDES:

THAT ANY DRILL, PARADE, ENCAMPMENT, OR DUTY THAT IS REQUIRED, ORDERED, OR AUTHORIZED TO BE PERFORMED UNDER THE PROVISIONS OF THIS ACT, SHALL BE DEEMED TO BE A MILITARY DUTY * * *.

SECTION 49 OF THE ACT OF MARCH 1, 1889, CHANGED TO SECTION 52 BY THE ACT OF FEBRUARY 18, 1909, PROVIDES:

THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY OR TIME, ON ALL DAYS OF ANY PARADE OR ENCAMPMENT ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS ACT.

THE ACT OF JULY 1, 1902, 32 STAT. 615 UNDER "MILITIA OF THE DISTRICT OF COLUMBIA," PROVIDES:

* * * THAT SECTION FORTY-NINE OF "AN ACT TO PROVIDE FOR THE ORGANIZATION OF THE MILITIA OF THE DISTRICT OF COLUMBIA," APPROVED MARCH FIRST, EIGHTEEN HUNDRED AND EIGHTY-NINE, SHALL BE CONSTRUED AS COVERING ALL DAYS OF SERVICE WHICH THE NATIONAL GUARD, OR ANY PORTION THEREOF, MAY BE ORDERED TO PERFORM BY THE COMMANDING GENERAL.

THE ACT OF MAY 10, 1926, 44 STAT. 448, MAKING APPROPRIATIONS FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR 1927, UNDER "MILITIA" PROVIDES:

FOR EXPENSES OF TARGET PRACTICE MATCHES, $2,500.

FOR PAY OF TROOPS OTHER THAN GOVERNMENT EMPLOYEES, TO BE DISBURSED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL, $9,000.

SECTION 49 OF THE ACT OF MARCH 1, 1889, AS ORIGINALLY ENACTED, PROVIDED FOR THE GRANTING OF LEAVE ON DAYS OF PARADE AND ENCAMPMENT ONLY. THE AMENDMENT THEREOF BY THE ACT OF JULY 1, 1902, HAD THE EFFECT TO EXTEND THIS RIGHT TO COVER ALL OF THE OTHER MILITARY DUTIES PROVIDED BY THE ACT OF MARCH 1, 1889, AND LATER AS AMENDED BY THE ACT OF FEBRUARY 18, 1909, WHICH MIGHT BE ORDERED TO BE PERFORMED BY THE COMMANDING GENERAL.

IN 2 COMP. GEN. 1, IT WAS HELD THAT SECTION 49 OF THE ACT OF MARCH 1, 1889, AS AMENDED, WAS NOT INCONSISTENT WITH AND THEREFORE NOT REPEALED BY SECTION 80 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AND THAT OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE ENTITLED UNDER SAID SECTION 49 IN ADDITION TO THAT PROVIDED BY SECTION 80 OF THE NATIONAL DEFENSE ACT TO LEAVE OF ABSENCE FROM THEIR DUTIES WITHOUT LOSS OF PAY OR TIME ON ALL DAYS WHILE PROPERLY IN THE PERFORMANCE OF NATIONAL GUARD DUTIES INDICATED IN THE ACT OF MARCH 1, 1889, AS AMENDED BY THE ACT OF FEBRUARY 18, 1909.

THE ONLY EXPRESS PROVISION CONTAINED IN SAID ACTS WITH REFERENCE TO TARGET PRACTICE OR RIFLE MATCHES IS SECTION 44 OF THE ACT OF MARCH 1, 1889, WHICH PROVIDES:

THE NATIONAL GUARD SHALL HAVE THE USE OF THE DRILL GROUNDS AND RIFLE- RANGE AT THE WASHINGTON BARRACKS, SUBJECT TO THE APPROVAL OF THE SECRETARY OF WAR, AND THE COMMANDING GENERAL OF THE MILITIA SHALL PROVIDE SUCH ADDITIONAL TARGETS AND ACCESSORIES AS MAY BE NECESSARY FOR THE USE OF THE MILITIA.

PROVISION IS THUS MADE FOR THE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA TO ENGAGE IN LOCAL TARGET PRACTICE WHICH MAY INCLUDE RIFLE MATCHES, BUT IT CAN NOT BE IMPLIED THEREFROM THAT AUTHORITY IS THEREBY GIVEN TO PARTICIPATE IN RIFLE MATCHES HELD ELSEWHERE OR UNDER OTHER AUTHORITY, EXCEPT AS SAME MAY BE INCLUDED IN THE ANNUAL ENCAMPMENTS.

THE APPROPRIATION FOR "PAY OF TROOPS OTHER THAN GOVERNMENT EMPLOYEES" MUST ALSO BE READ WITH AND CONSTRUED IN CONNECTION WITH THE ACT OF MARCH 1, 1889, AS AMENDED BY THE ACT OF FEBRUARY 18, 1909, AND AS SO CONSTRUED IT AUTHORIZES PAY FOR THE TROOPS OTHER THAN GOVERNMENT EMPLOYEES WHILE PROPERLY IN THE PERFORMANCE OF THE MILITARY DUTIES INDICATED IN SAID ACTS.

THE QUESTIONS PRESENTED ARE ANSWERED IN THE NEGATIVE. 14 MS. COMP. GEN. 571, OCTOBER 12, 1922, AND 6 COMP. GEN. 270, HOLDING THAT GOVERNMENT EMPLOYEES WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE ENTITLED TO LEAVE OF ABSENCE UNDER SAID SECTION 49 OF THE ACT OF MARCH 1, 1889, AS AMENDED, TO ATTEND THE INTERSTATE RIFLE MATCHES HELD AT SEA GIRT, N.J., WILL NOT HEREAFTER BE FOLLOWED.