A-21182, JANUARY 19, 1928, 7 COMP. GEN. 426

A-21182: Jan 19, 1928

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ARMORY DRILL - NATIONAL GUARD ENLISTED MAN DISCHARGED BY REASON OF SENTENCE OF A CIVIL COURT THE DISCHARGE OF AN ENLISTED MAN OF THE NATIONAL GUARD BY REASON OF SENTENCE OF A CIVIL COURT DOES NOT OPERATE TO FORFEIT THE ARMORY DRILL PAY ACCRUED UNDER A LEGAL ENLISTMENT AND TO WHICH HE IS OTHERWISE ENTITLED UNDER SECTION 110 OF THE NATIONAL DEFENSE ACT OF JULY 3. THAT NO PAYMENT WAS MADE AS IT WAS CONSIDERED THIS MAN WAS NOT ENTITLED TO PAY BY REASON OF HAVING BEEN DISCHARGED UNDER SENTENCE OF A CIVIL COURT. THE DECISION REFERRED TO WAS WITH REFERENCE TO THE RIGHT OF CERTAIN ENLISTED MEN OF THE NATIONAL GUARD DISCHARGED PRIOR TO JUNE 4.

A-21182, JANUARY 19, 1928, 7 COMP. GEN. 426

PAY, ARMORY DRILL - NATIONAL GUARD ENLISTED MAN DISCHARGED BY REASON OF SENTENCE OF A CIVIL COURT THE DISCHARGE OF AN ENLISTED MAN OF THE NATIONAL GUARD BY REASON OF SENTENCE OF A CIVIL COURT DOES NOT OPERATE TO FORFEIT THE ARMORY DRILL PAY ACCRUED UNDER A LEGAL ENLISTMENT AND TO WHICH HE IS OTHERWISE ENTITLED UNDER SECTION 110 OF THE NATIONAL DEFENSE ACT OF JULY 3, 1916, 39 STAT. 209, AS AMENDED.

ASSISTANT COMPTROLLER GENERAL GINN TO MAJ. F. J. BAKER, UNITED STATES ARMY, JANUARY 19, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 19, 1927, TRANSMITTING SUPPLEMENTARY PAY ROLL OF COMPANY E, ONE HUNDRED AND TWENTIETH INFANTRY, NORTH CAROLINA NATIONAL GUARD, FOR THE PERIOD JULY 1 TO SEPTEMBER 30, 1927, CONTINUING THE CLAIM OF PRIVATE JOHN H. JACOBS FOR PAY FOR ATTENDING FOUR DRILLS AS SERGEANT AND TWO DRILLS AS PRIVATE, IT BEING SHOWN THEREON THAT THE SOLDIER ENLISTED AND QUALIFIED DECEMBER 22, 1926, FOR ONE YEAR, ATTENDED FOUR DRILLS IN JULY AND TWO DRILLS IN AUGUST, REMARKS STATING:

HON DIS AS PVT 8/24/27 PER SO 219 AGONC 8/24/27 BEING UNDER SENTENCE OF CIVIL COURT, RD FR SGT TO PVT 8/1/27 PER O NO. 10.

YOU STATE THAT THE NAME OF THIS SOLDIER APPEARED ON THE ORIGINAL PAY ROLL, VOUCHER 731, OCTOBER, 1927, IN YOUR ACCOUNTS, WITH REMARKS AS ABOVE INDICATED, AND CLAIM FOR PAY FOR SIX DRILLS, BUT THAT NO PAYMENT WAS MADE AS IT WAS CONSIDERED THIS MAN WAS NOT ENTITLED TO PAY BY REASON OF HAVING BEEN DISCHARGED UNDER SENTENCE OF A CIVIL COURT, CITING THE DECISION OF THIS OFFICE ADDRESSED TO MAJ. J. Q. A. BRETT, UNITED STATES ARMY, DATED SEPTEMBER 28, 1921. THE DECISION REFERRED TO WAS WITH REFERENCE TO THE RIGHT OF CERTAIN ENLISTED MEN OF THE NATIONAL GUARD DISCHARGED PRIOR TO JUNE 4, 1920, TO ARMORY DRILL PAY UNDER THE PROVISIONS OF SECTION 110 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 209, 210. THIS SECTION HAS BEEN AMENDED BY THE ACTS OF JUNE 4, 1920, 41 STAT. 784, SEPTEMBER 22, 1922, 42 STAT. 1035, 1036, AND JUNE 6, 1924, 43 STAT. 471, 472, MATERIALLY CHANGING THE ORIGINAL BASIS OF ARMORY DRILL PAY, AND THE DECISION REFERRED TO HAS NO APPLICATION UNDER THESE AMENDMENTS. I SEE NO LEGAL REASON WHY AN ENLISTED MAN OF THE NATIONAL GUARD SERVING UNDER A LEGAL ENLISTMENT SHOULD FORFEIT THE ARMORY DRILL PAY TO WHICH OTHERWISE ENTITLED UNDER SECTION 110 OF THE NATIONAL DEFENSE ACT AS AMENDED MERELY BECAUSE HE HAS BEEN DISCHARGED BECAUSE OF SENTENCE BY A CIVIL COURT.