A-21004, JANUARY 9, 1928, 7 COMP. GEN. 408

A-21004: Jan 9, 1928

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IS PROMOTED BEFORE PERFORMING. HE IS ENTITLED TO ARMORY DRILL PAY FOR THE ENTIRE MONTH. 1928: THERE HAS BEEN TRANSMITTED YOUR REQUEST FOR DECISION OF WHETHER PAYMENT IS AUTHORIZED OF A CLAIM OF LIEUT. WITH THE REQUEST IS INCLOSED A SUPPLEMENTAL PAYROLL COVERING THE CLAIM. WAS APPOINTED LIEUTENANT COLONEL. NOTATION IS MADE THAT THE OFFICER WAS FEDERALLY RECOGNIZED AS MAJOR. THAT HE WAS PAID $123.61 AS LIEUTENANT COLONEL FOR THE QUARTER ENDING JUNE 30. THERE IS DUE THE OFFICER $1.39. HE IS APPARENTLY ONLY ENTITLED TO TWENTY- NINE THIRTIETHS OF THE MAXIMUM PAY. IT SHOULD BE STATED THAT THE ARMORY DRILL PAY AUTHORIZED BY LAW AND REGULATION IS THE SAME FOR MAJOR AS FOR LIEUTENANT COLONEL AND THAT IT IS PAYABLE WHILE THE OFFICER IS IN AN ARMORY DRILL PAY STATUS AND PERFORMS THE APPROPRIATE DUTIES PRESCRIBED BY REGULATION.

A-21004, JANUARY 9, 1928, 7 COMP. GEN. 408

NATIONAL GUARD - ARMORY DRILL PAY - CHANGE IN GRADE WHERE AN OFFICER OF THE NATIONAL GUARD ABOVE THE GRADE OF CAPTAIN, IN AN ARMORY DRILL PAY STATUS, IS PROMOTED BEFORE PERFORMING, DURING THE MONTH IN WHICH PROMOTED, ANY OF THE APPROPRIATE DUTIES PRESCRIBED, BUT AFTER HIS PROMOTION PERFORMS THE MINIMUM PRESCRIBED APPROPRIATE DUTIES OF HIS NEW RANK AND ASSIGNMENT, HE IS ENTITLED TO ARMORY DRILL PAY FOR THE ENTIRE MONTH.

COMPTROLLER GENERAL MCCARL TO MAJ. W. A. MACNICHOLL, UNITED STATES ARMY, JANUARY 9, 1928:

THERE HAS BEEN TRANSMITTED YOUR REQUEST FOR DECISION OF WHETHER PAYMENT IS AUTHORIZED OF A CLAIM OF LIEUT. COL. ALFRED W. MCMORRIS, QUARTERMASTER CORPS, FORTY-FIRST DIVISION STAFF, WASHINGTON NATIONAL GUARD, FOR ARMORY DRILL PAY FOR ONE DAY, APRIL 1, 1927, WHILE A MAJOR, QUARTERMASTER CORPS, STATE STAFF CORPS, WASHINGTON NATIONAL GUARD.

WITH THE REQUEST IS INCLOSED A SUPPLEMENTAL PAYROLL COVERING THE CLAIM, WHICH SHOWS LIEUT. COL. ALFRED W. MCMORRIS, QUARTERMASTER CORPS; WAS APPOINTED LIEUTENANT COLONEL, QUARTERMASTER CORPS, FROM MAJOR, QUARTERMASTER CORPS, STATE STAFF, TO DATE FROM APRIL 1, 1927, AND ASSIGNED TO HEADQUARTERS, FORTY-FIRST DIVISION, PER PARAGRAPH 2, SPECIAL ORDER 38, A.G.O. (WASHINGTON), AND ACCEPTED THE APPOINTMENT APRIL 2, 1927. NOTATION IS MADE THAT THE OFFICER WAS FEDERALLY RECOGNIZED AS MAJOR, QUARTERMASTER CORPS, AUGUST 31 1921; THAT HE WAS PAID $123.61 AS LIEUTENANT COLONEL FOR THE QUARTER ENDING JUNE 30, 1927, AND THERE IS DUE THE OFFICER $1.39, ONE DAY'S PAY FOR APRIL 1, 1927, NOT PAID ON ORIGINAL PAYROLL.

YOUR DOUBT ARISES BY REASON OF THE FACT THAT AS A MAJOR, QUARTERMASTER CORPS, STATE STAFF CORPS, HIS RANK AND ASSIGNMENT APRIL 1, 1927, HE PERFORMED NO APPROPRIATE DUTIES IN THAT CAPACITY; THAT AFTER HIS APPOINTMENT AS LIEUTENANT COLONEL, QUARTERMASTER CORPS, FORTY-FIRST DIVISION, EFFECTIVE APRIL 2, 1927, HE PERFORMED THE REQUIRED APPROPRIATE DUTIES ENTITLING HIM TO THE MAXIMUM PAY AND THAT HAVING BEEN IN THE STATUS OF A LIEUTENANT COLONEL 29 DAYS, HE IS APPARENTLY ONLY ENTITLED TO TWENTY- NINE THIRTIETHS OF THE MAXIMUM PAY, WHICH HAS BEEN PAID. IT SHOULD BE STATED THAT THE ARMORY DRILL PAY AUTHORIZED BY LAW AND REGULATION IS THE SAME FOR MAJOR AS FOR LIEUTENANT COLONEL AND THAT IT IS PAYABLE WHILE THE OFFICER IS IN AN ARMORY DRILL PAY STATUS AND PERFORMS THE APPROPRIATE DUTIES PRESCRIBED BY REGULATION, THE MAXIMUM PAY BEING REDUCED IN PROPORTION AS THERE IS FAILURE TO PERFORM THE MINIMUM APPROPRIATE DUTIES PRESCRIBED. THESE APPROPRIATE DUTIES FOR OFFICERS ABOVE THE GRADE OF CAPTAIN, AND OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS, HAVE BEEN DEFINED TO INCLUDE "DRILLS," AT WHICH THE APPROPRIATE DUTIES OF STAFF AND OTHER OFFICERS NOT BELONGING TO ORGANIZATIONS ARE REQUIRED TO BE PERFORMED, A MINIMUM OF FOUR PER MONTH BEING PRESCRIBED TO EARN THE MAXIMUM ARMORY DRILL PAY.

WHILE THE SITUATION MAY BE OTHERWISE WITH RESPECT TO CAPTAINS AND LIEUTENANTS BELONGING TO ORGANIZATIONS, WHOSE ARMORY DRILL PAY IS PRESCRIBED BY STATUTE ON THE BASIS OF DRILLS ATTENDED; IN THE CASE OF OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS AND OF OFFICERS ABOVE THE GRADE OF CAPTAIN FOR WHOM ARMORY DRILL PAY IS PRESCRIBED BY LAW FOR THE PERFORMANCE OF APPROPRIATE DUTIES AS DEFINED BY REGULATIONS, THE PERFORMANCE OF THE APPROPRIATE DUTIES PRESCRIBED DURING A PARTICULAR MONTH PROPERLY RELATE TO THE ENTIRE MONTH OR PORTION OF MONTH THE OFFICER IS IN AN ARMORY DRILL PAY STATUS, IF DURING A PORTION OF THE PERIOD HE WAS NOT A CAPTAIN OR LIEUTENANT BELONGING TO AN ORGANIZATION. IN THE PRESENT CASE, THE OFFICER DURING THE ENTIRE MONTH OF APRIL HAVING BEEN AN OFFICER ABOVE THE GRADE OF CAPTAIN, AND HAVING AT THE APPROPRIATE TIME PERFORMED THE MINIMUM PRESCRIBED APPROPRIATE DUTIES OF AN OFFICER OF THE GRADE IN WHICH COMMISSIONED, HE IS ENTITLED TO ARMORY DRILL PAY FOR THE ENTIRE MONTH OF APRIL, NOTWITHSTANDING HIS PROMOTION AND TRANSFER FROM ONE ORGANIZATION TO ANOTHER. THE VOUCHER, IF OTHERWISE CORRECT, MAY BE PAID.