A-17521, MARCH 28, 1927, 6 COMP. GEN. 638

A-17521: Mar 28, 1927

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IS NOT A COMPLIANCE WITH THE LAWS AND REGULATIONS ENTITLING TO ARMORY DRILL PAY. REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME IN VIEW OF THE DOUBT AS TO WHETHER THIS PARTICIPATION IN A CIVILIAN ENTERTAINMENT MAY BE CONSIDERED AS A COMPLIANCE WITH ALL THE REQUIREMENTS OF LAW AND REGULATIONS ENTITLING TO DRILL PAY. A "PATRIOTIC SPECTACLE" WAS HELD IN WHICH THIS ORGANIZATION PARTICIPATED FOR A PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS EACH NIGHT FOR 12 CONSECUTIVE NIGHTS. THE COMMANDING OFFICER STATES THAT THE FOLLOWING ACTIVITIES WERE PERFORMED: GROOMING. "AT WHICH THEY SHALL HAVE BEEN OFFICIALLY PRESENT FOR THE ENTIRE REQUIRED PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS.'.

A-17521, MARCH 28, 1927, 6 COMP. GEN. 638

PAY - ARMORY DRILL - NATIONAL GUARD THE PARTICIPATION IN A CIVILIAN ENTERTAINMENT BY AN ORGANIZATION OF THE NATIONAL GUARD, THE MEMBERS THEREOF APPEARING IN COSTUME AND NOT IN THE PRESCRIBED UNIFORM, IS NOT A COMPLIANCE WITH THE LAWS AND REGULATIONS ENTITLING TO ARMORY DRILL PAY.

ASSISTANT COMPTROLLER GENERAL GINN TO CAPT. R. G. JENKS, UNITED STATES ARMY, MARCH 28, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 21, 1927, TRANSMITTING SUPPLEMENTARY PAY ROLL OF TROOP B, ONE HUNDRED AND SIXTH CAVALRY, MICHIGAN NATIONAL GUARD, COVERING PAY FOR TWO DRILLS FOR THE ENTIRE ORGANIZATION, THE DRILLS BEING INCIDENT TO PARTICIPATION BY THE ORGANIZATION IN A CIVILIAN ENTERTAINMENT IN DETROIT, MICH., ON JUNE 21 AND 28, 1926, AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME IN VIEW OF THE DOUBT AS TO WHETHER THIS PARTICIPATION IN A CIVILIAN ENTERTAINMENT MAY BE CONSIDERED AS A COMPLIANCE WITH ALL THE REQUIREMENTS OF LAW AND REGULATIONS ENTITLING TO DRILL PAY.

IT APPEARS THAT DURING JUNE, 1926, A "PATRIOTIC SPECTACLE" WAS HELD IN WHICH THIS ORGANIZATION PARTICIPATED FOR A PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS EACH NIGHT FOR 12 CONSECUTIVE NIGHTS, DURING WHICH PERIOD OCCURRED TWO REGULARLY ORDERED DRILL DATES, JUNE 21 AND 28; THAT THE OFFICERS AND MEN PROCEEDED FROM AND RETURNED TO THE ARMORY IN UNIFORM, BUT DONNED COSTUMES FOR PARTICIPATION IN THE SPECTACLE. THE COMMANDING OFFICER STATES THAT THE FOLLOWING ACTIVITIES WERE PERFORMED: GROOMING, SADDLING, BRIDLING, TROOP FORMATION, MARCH IN REVIEW--- MOUNTED, MOUNTED PURSUIT, DISMOUNTED MANEUVERS, FIRING BLANK AMMUNITION, UNSADDLING, UNBRIDLING, AND GROOMING.

SECTION 92 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 363, 364, PROVIDES, AMONG OTHER THINGS, THAT CREDIT FOR AN ASSEMBLY FOR DRILL OR FOR INDOOR TARGET PRACTICE SHALL NOT BE GIVEN UNLESS THE PERIOD OF ACTUAL MILITARY DUTY AND INSTRUCTION PARTICIPATED IN BY EACH OFFICER AND ENLISTED MAN AT EACH SUCH ASSEMBLY AT WHICH HE SHALL BE CREDITED AS HAVING BEEN PRESENT SHALL BE OF AT LEAST ONE AND ONE-HALF HOURS' DURATION AND THE CHARACTER OF SUCH TRAINING SUCH AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR.

SECTION 109 OF THE NATIONAL DEFENSE ACT, AS ALSO AMENDED BY THE ACT OF JUNE 3, 1924, PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE OFFICERS OF AND BELOW THE GRADE OF CAPTAIN BELONGING TO ORGANIZATIONS SHALL RECEIVE COMPENSATION FOR EACH REGULAR DRILL OR OTHER PERIOD OF INSTRUCTION AUTHORIZED BY THE SECRETARY OF WAR, WITHIN CERTAIN LIMITS AS TO NUMBER OF DRILLS,"AT WHICH THEY SHALL HAVE BEEN OFFICIALLY PRESENT FOR THE ENTIRE REQUIRED PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS.'

SECTION 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 6, 1924, 43 STAT. 471, PROVIDES THAT ENLISTED MEN SHALL RECEIVE COMPENSATION "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," WITHIN CERTAIN LIMITS AS TO NUMBER OF DRILLS.

PARAGRAPH 443, NATIONAL GUARD REGULATIONS, 1922, PROVIDES:

NO MEMBER OF AN ORGANIZATION WILL RECEIVE CREDIT FOR ATTENDANCE AT DRILL, SO FAR AS PAY IS CONCERNED, UNLESS PRESENT AND UNDER INSTRUCTION IN UNIFORM, PROVIDED UNIFORMS HAVE BEEN ISSUED TO THE ORGANIZATION OF WHICH HE IS A MEMBER.

ASSUMING THAT THE ACTIVITIES PERFORMED WERE OF THE CHARACTER PRESCRIBED BY THE SECRETARY OF WAR, YET THE PERFORMANCE THEREOF IN COSTUMES AS A PART OF A CIVILIAN ENTERTAINMENT OR "SPECTACLE" AND NOT IN THE PRESCRIBED UNIFORM, CAN NOT BE CONSIDERED A MILITARY ASSEMBLY FOR DRILL, NOR MAY THE MEMBERS OF THE ORGANIZATION THUS PARTICIPATING BE CONSIDERED AS OFFICIALLY PRESENT WITHIN THE MEANING OF THE LAWS AND REGULATIONS.