A-1787, FEBRUARY 11, 1925, 4 COMP. GEN. 681

A-1787: Feb 11, 1925

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THE ENLISTED MEN ARE ENTITLED TO PAY FOR DRILLS ATTENDED DURING SUCH EXTENDED ENLISTMENTS. IT IS STATED THAT THE TERMS OF ENLISTMENT OF THE MEN WERE AUTOMATICALLY EXTENDED BY THEIR ABSENCE WITHOUT LEAVE UNDER A LAW OF THE STATE OF NEW YORK INCORPORATING THE ARTICLES OF WAR IN THE CHAPTER CONTAINING THE STATE MILITARY LAWS "SO FAR AS THEY ARE CONSISTENT WITH ITS PROVISIONS AND WITH THE REGULATIONS NOW OR HEREAFTER ISSUED THEREUNDER. THE JUDGE ADVOCATE GENERAL OF THE ARMY HAS EXPRESSED THE OPINION THAT ALTHOUGH THERE IS NO FEDERAL STATUTE REQUIRING ENLISTED MEN OF THE NATIONAL GUARD TO MAKE GOOD TIME LOST. IS EFFECTIVE. BELONGS "TO AN ORGANIZATION OF THE NATIONAL GUARD" AND IS ENTITLED TO THE PAY PRESCRIBED THEREIN.

A-1787, FEBRUARY 11, 1925, 4 COMP. GEN. 681

NATIONAL GUARD - ARMORY DRILL PAY WHERE A STATE LAW AUTOMATICALLY EXTENDS ENLISTMENTS IN ITS NATIONAL GUARD TO MAKE GOOD TIME LOST ON ACCOUNT OF ABSENCE WITHOUT LEAVE, THE ENLISTED MEN ARE ENTITLED TO PAY FOR DRILLS ATTENDED DURING SUCH EXTENDED ENLISTMENTS.

COMPTROLLER GENERAL MCCARL TO CAPT. M. T. LEGG, UNITED STATES ARMY, FEBRUARY 11, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 11, 1924, SUBMITTING SUPPLEMENTAL PAY ROLL FOR BATTERY D, TWO HUNDRED AND TWELFTH ARTILLERY, A.A., NEW YORK NATIONAL GUARD, FOR THE QUARTER ENDED DECEMBER 31, 1923, CONTAINING CLAIMS FOR ARMORY DRILL PAY OF SEVERAL ENLISTED MEN WHO ATTENDED DRILLS OF THE ORGANIZATION AFTER THE EXPIRATION OF THEIR ENLISTMENTS. IT IS STATED THAT THE TERMS OF ENLISTMENT OF THE MEN WERE AUTOMATICALLY EXTENDED BY THEIR ABSENCE WITHOUT LEAVE UNDER A LAW OF THE STATE OF NEW YORK INCORPORATING THE ARTICLES OF WAR IN THE CHAPTER CONTAINING THE STATE MILITARY LAWS "SO FAR AS THEY ARE CONSISTENT WITH ITS PROVISIONS AND WITH THE REGULATIONS NOW OR HEREAFTER ISSUED THEREUNDER; " AND THIS OPERATES TO EXTEND TO THE NATIONAL GUARD OF THE STATE OF NEW YORK THE PROVISIONS OF THE ONE HUNDRED AND SEVENTH ARTICLE OF WAR REQUIRING ENLISTED MEN TO MAKE GOOD TIME LOST BY ABSENCE WITHOUT LEAVE, ETC.

THE JUDGE ADVOCATE GENERAL OF THE ARMY HAS EXPRESSED THE OPINION THAT ALTHOUGH THERE IS NO FEDERAL STATUTE REQUIRING ENLISTED MEN OF THE NATIONAL GUARD TO MAKE GOOD TIME LOST, A STATE LAW SO REQUIRING, NOT BEING IN CONFLICT WITH A FEDERAL STATUTE, IS EFFECTIVE, AND THAT THE MAN BY VIRTUE OF STATE LAW BEING A MEMBER OF ITS NATIONAL GUARD, IN THE LANGUAGE OF SECTION 110 OF THE ACT OF JUNE 3, 1916, AS AMENDED, 42 STAT. 1035, BELONGS "TO AN ORGANIZATION OF THE NATIONAL GUARD" AND IS ENTITLED TO THE PAY PRESCRIBED THEREIN. IN THIS OPINION THE MILITIA BUREAU CONCURS.

I PERCEIVE NO REASON FOR DIFFERENCE OF OPINION, AND THE PAY ROLL, IF OTHERWISE CORRECT, MAY BE PAID.