A-20468, NOVEMBER 23, 1927, 7 COMP. GEN. 353

A-20468: Nov 23, 1927

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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE SAME IN VIEW OF THE FACT THAT THE ACTUAL ENLISTED STRENGTH OF THE COMPANY WAS REDUCED FROM 67 TO 59 BY REASON OF THE EXPIRATION OF ENLISTMENT OF EIGHT MEN DURING THE PERIOD OF THE ENCAMPMENT AND THAT ONLY 38 ATTENDED. WHICH WAS LESS THAN 60 PERCENT OF THE ACTUAL ENLISTED STRENGTH OF 67 AT THE BEGINNING OF THE ENCAMPMENT PERIOD. OR DETACHMENT SHALL HAVE BEEN EXCUSED FROM PARTICIPATION IN ANY PART THEREOF BY THE SECRETARY OF WAR: * * * SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3. THE SECRETARY OF WAR IS AUTHORIZED TO PROVIDE FOR THE PARTICIPATION OF THE WHOLE OR ANY PART OF THE NATIONAL GUARD IN ENCAMPMENTS. TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED BY LAW.

A-20468, NOVEMBER 23, 1927, 7 COMP. GEN. 353

PAY - NATIONAL GUARD ENCAMPMENTS IN COMPUTING THE "ACTUALLY ENROLLED ENLISTED STRENGTH" OF A COMPANY UNDER PARAGRAPH 37A, NATIONAL GUARD REGULATIONS 45, THE MEN WHOSE ENLISTMENTS EXTEND BEYOND THE PERIOD OF THE ENCAMPMENT SHOULD BE INCLUDED, AND THOSE WHOSE ENLISTMENTS WOULD EXPIRE DURING THE PERIOD OF THE ENCAMPMENT SHOULD BE EXCLUDED.

COMPTROLLER GENERAL MCCARL TO COL. RICHINGS J. SHAND, UNITED STATES PROPERTY AND DISBURSING OFFICER, ILLINOIS NATIONAL GUARD, NOVEMBER 23, 1927:

THERE HAS BEEN RECEIVED YOUR INDORSEMENT OF OCTOBER 31, 1927, TRANSMITTING SUPPLEMENTAL FIELD-TRAINING PAY ROLL OF COMPANY C, ONE HUNDRED AND THIRTY-FIRST INFANTRY, ILLINOIS NATIONAL GUARD, COVERING THE PAY AND ALLOWANCES OF THE OFFICERS OF THAT COMPANY, CAPT. ALFRED M. LA CHAPELLE, SECOND LIEUTS. CHARLES M. BOYER AND HAROLD C. VOLLMAN, WHILE ATTENDING AN ENCAMPMENT AT CAMP GRANT, ILL., JULY 30 TO AUGUST 13, 1927, AND REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY THE SAME IN VIEW OF THE FACT THAT THE ACTUAL ENLISTED STRENGTH OF THE COMPANY WAS REDUCED FROM 67 TO 59 BY REASON OF THE EXPIRATION OF ENLISTMENT OF EIGHT MEN DURING THE PERIOD OF THE ENCAMPMENT AND THAT ONLY 38 ATTENDED, WHICH WAS LESS THAN 60 PERCENT OF THE ACTUAL ENLISTED STRENGTH OF 67 AT THE BEGINNING OF THE ENCAMPMENT PERIOD.

SECTION 92 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 363, PROVIDES:

* * * UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE, EACH COMPANY, TROOP, BATTERY, AND DETACHMENT IN THE NATIONAL GUARD SHALL * * * PARTICIPATE IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, AT LEAST FIFTEEN DAYS IN TRAINING EACH YEAR, INCLUDING TARGET PRACTICE, UNLESS SUCH COMPANY, TROOP, BATTERY, OR DETACHMENT SHALL HAVE BEEN EXCUSED FROM PARTICIPATION IN ANY PART THEREOF BY THE SECRETARY OF WAR: * * *

SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE SECRETARY OF WAR IS AUTHORIZED TO PROVIDE FOR THE PARTICIPATION OF THE WHOLE OR ANY PART 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.

SUBSEQUENT LAWS PROVIDE SPECIFICALLY FOR THE RATE OF PAY AND ALLOWANCES OF OFFICERS AND ENLISTED MEN WHILE PARTICIPATING IN ENCAMPMENTS OR OTHER EXERCISES UNDER THIS SECTION WHICH ARE NOT HERE CALLED IN QUESTION.

IN PURSUANCE OF THE ABOVE PROVISIONS OF LAW, REGULATIONS WERE PRESCRIBED, PARAGRAPH 37, N.G.R. 45, PROVIDING:

STRENGTH REQUIREMENTS FOR FIELD TRAINING.--- A. A COMPANY, PRIOR TO ATTENDING FIELD TRAINING, MUST HAVE COMPLIED WITH THE REQUIREMENTS AS TO MAINTENANCE STRENGTH AS PROVIDED IN PARAGRAPH 9 B, N.G.R. 15, AND MUST ATTEND THE TRAINING WITH 50 PERCENT OF ITS OFFICERS AND 60 PERCENT OF ITS ACTUALLY ENROLLED ENLISTED STRENGTH.

BY SUBPARAGRAPHS CERTAIN EXCEPTIONS ARE MADE TO THESE REQUIREMENTS WHICH ARE NOT HERE APPLICABLE.

IT IS UNDERSTOOD THAT THE PURPOSE OF THE REGULATION QUOTED IS TO WITHHOLD AUTHORITY TO PARTICIPATE IN ENCAMPMENTS OR OTHER EXERCISES UNDER SAID SECTION 94 FROM A COMPANY WHICH CAN NOT COMPLY WITH THE PRESCRIBED REQUIREMENTS, UNLESS IT IS BROUGHT WITHIN THE PRESCRIBED EXCEPTIONS. THE QUESTION HERE PRESENTED IS WHETHER THIS COMPANY MET THE PRESCRIBED REQUIREMENTS.

THE PRESCRIBED ENLISTED MAINTENANCE STRENGTH OF THIS COMPANY IS 60. PRIOR TO THE PERIOD OF THE ENCAMPMENT THE ACTUALLY ENROLLED STRENGTH WAS 67. IT THUS APPEARS THAT PRIOR TO ATTENDING FIELD TRAINING THE REQUIREMENT AS TO MAINTENANCE STRENGTH WAS COMPLIED WITH.

THE LAW PROVIDES THAT THE PERIOD OF AN ENCAMPMENT SHALL BE AT LEAST 15 DAYS, AND THE REGULATIONS REQUIRE THAT AT LEAST 50 PERCENT OF THE OFFICERS AND 60 PERCENT OF THE ACTUALLY ENROLLED ENLISTED STRENGTH OF A COMPANY SHALL ATTEND AN ENCAMPMENT FOR THE FULL PERIOD THEREOF. THE PHRASE "ACTUALLY ENROLLED ENLISTED STRENGTH" AS USED IN THE REGULATION IS CONSTRUED TO INCLUDE THOSE MEN WHOSE ENLISTMENTS EXTEND BEYOND THE PERIOD OF THE ENCAMPMENT, AND TO EXCLUDE THOSE WHOSE ENLISTMENTS WOULD EXPIRE DURING THE PERIOD OF THE ENCAMPMENT. OBVIOUSLY THE LAW AND THE REGULATIONS DO NOT CONTEMPLATE THAT AN ENLISTED MAN OF A COMPANY SHALL BE SENT TO AN ENCAMPMENT WHEN IT WILL BE NECESSARY TO DISCHARGE HIM BY REASON OF EXPIRATION OF ENLISTMENT AND RETURN HIM TO HIS HOME PRIOR TO THE TERMINATION OF THE ENCAMPMENT.

THE COMPANY IN QUESTION PRIOR TO THE ENCAMPMENT HAD 67 ENLISTED MEN. THE ENLISTMENTS OF EIGHT OF THIS NUMBER EXPIRED DURING THE PERIOD OF THE ENCAMPMENT. THE ACTUALLY ENROLLED ENLISTED STRENGTH OF THE COMPANY FOR THE PURPOSE OF THE ENCAMPMENT IS THUS SHOWN TO HAVE BEEN 59. THE COMPANY WENT TO THE ENCAMPMENT WITH 38 MEN, 36 OF WHOM PARTICIPATED IN THE FULL PERIOD OF THE ENCAMPMENT, WHICH NUMBER IS 60 PERCENT OF ITS ACTUALLY ENROLLED ENLISTED STRENGTH. ALL OF THE OFFICERS ATTENDED. IT THUS APPEARS THAT THE REQUIREMENT AS TO ATTENDANCE WAS ALSO MET.