A-25330, JANUARY 19, 1929, 8 COMP. GEN. 373

A-25330: Jan 19, 1929

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PAY - ARMORY DRILL - NATIONAL GUARD WHERE DETACHMENTS FROM SEVERAL COMPANIES OF THE NATIONAL GUARD ARE PLACED ON STATE MILITARY DUTY AT THE SAME PLACE. SPLIT ASSEMBLIES ARE DULY ORDERED FOR EACH OF THE COMPANIES. THE FACT THAT THE SEVERAL DETACHMENTS HELD A JOINT FORMATION INSTEAD OF HOLDING SEPARATE FORMATIONS DOES NOT HAVE THE EFFECT OF DEPRIVING THE MEN SO PARTICIPATING OF THE PAY TO WHICH OTHERWISE ENTITLED. ADVANCE DECISION IS REQUESTED US TO THE VALIDITY OF PAYMENT OF INCLOSED VOUCHERS THAT HAVE BEEN PRESENTED TO ME AS DISBURSING OFFICER AT THIS STATION. 2. THE VOUCHERS ARE ONE REGULAR AND FIVE SUPPLEMENTARY PAY ROLLS OF ORGANIZATIONS OF THE OHIO NATIONAL GUARD. ON EACH ROLL THERE APPEARS THE NAMES OF INDIVIDUALS WITH REMARKS THAT THE PERSON WAS ON ACTIVE DUTY UNDER STATE ORDERS AND ATTENDED DRILLS AWAY FROM THEIR PROPER ORGANIZATION WITH A PROVISIONAL UNIT MADE UP OF ALL SUCH INDIVIDUALS LOCATED AT PLACE OF DUTY. 3.

A-25330, JANUARY 19, 1929, 8 COMP. GEN. 373

PAY - ARMORY DRILL - NATIONAL GUARD WHERE DETACHMENTS FROM SEVERAL COMPANIES OF THE NATIONAL GUARD ARE PLACED ON STATE MILITARY DUTY AT THE SAME PLACE, AND SPLIT ASSEMBLIES ARE DULY ORDERED FOR EACH OF THE COMPANIES, THE FACT THAT THE SEVERAL DETACHMENTS HELD A JOINT FORMATION INSTEAD OF HOLDING SEPARATE FORMATIONS DOES NOT HAVE THE EFFECT OF DEPRIVING THE MEN SO PARTICIPATING OF THE PAY TO WHICH OTHERWISE ENTITLED. THERE CAN BE NO DULY ORDERED FORMATION OF A SINGLE INDIVIDUAL WITHIN THE MEANING OF SECTION 92 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 363.

COMPTROLLER GENERAL MCCARL TO CAPT. A. J. PERRY, UNITED STATES ARMY, JANUARY 19, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 15, 1928"AS FOLLOWS:

1. ADVANCE DECISION IS REQUESTED US TO THE VALIDITY OF PAYMENT OF INCLOSED VOUCHERS THAT HAVE BEEN PRESENTED TO ME AS DISBURSING OFFICER AT THIS STATION.

2. THE VOUCHERS ARE ONE REGULAR AND FIVE SUPPLEMENTARY PAY ROLLS OF ORGANIZATIONS OF THE OHIO NATIONAL GUARD. ON EACH ROLL THERE APPEARS THE NAMES OF INDIVIDUALS WITH REMARKS THAT THE PERSON WAS ON ACTIVE DUTY UNDER STATE ORDERS AND ATTENDED DRILLS AWAY FROM THEIR PROPER ORGANIZATION WITH A PROVISIONAL UNIT MADE UP OF ALL SUCH INDIVIDUALS LOCATED AT PLACE OF DUTY.

3. THE DEFINITION OF SPLIT DRILLS AS INTERPRETED UNDER CHANGE NO. 1, N.G.R. 45, PAR. 15, DATED APRIL 1, 1928, DOES NOT COVER THE PARTICULAR SET OF CIRCUMSTANCES THAT IS PRESENTED ON THESE VOUCHERS, INASMUCH AS THE PROVISIONAL ORGANIZATION "MINER'S RELIEF DETACHMENT" OR "CHILDREN'S RELIEF DETACHMENT" WAS NOT A UNIT FEDERALLY RECOGNIZED NOR WAS IT A SUBDIVISION OF ANY REGULARLY RECOGNIZED UNIT, THE PROPRIETY OF PAYMENT IS DOUBTED.

THE PAY ROLLS SUBMITTED ARE THOSE OF CERTAIN ORGANIZATIONS OF THE OHIO NATIONAL GUARD COVERING THE PERIOD APRIL 1 TO JUNE 30, 1928, AND DESCRIBED AS FOLLOWS:

REGULAR PAY ROLL OF COMPANY F, ONE-HUNDRED AND SIXTY-SIXTH INFANTRY, WITH STATION AT NEW LEXINGTON. THE NOTATIONS THEREON SHOW THAT CAPT. PAUL H. SEARS AND 15 ENLISTED MEN OF THE COMPANY WERE ON ACTIVE STATE DUTY FOR A PART OF THE QUARTER. ATTACHED THERETO IS A COPY OF THE ORDER, DATED FEBRUARY 3, 1928, PLACING CAPTAIN SEARS ON ACTIVE DUTY IN CONNECTION WITH THE CHILDREN'S RELIEF AND DIRECTING HIM TO REPORT AT NELSONVILLE, OHIO, FOR DUTY, ALSO THE FOLLOWING CERTIFICATE OF THE OFFICER COMMANDING THE RELIEF DETACHMENT AT ST. CLAIRSVILLE, OHIO, DATED JUNE 30, 1928:

THE SECRETARY OF WAR HAVING AUTHORIZED THESE SOLDIERS (MEMBERS OF COMPANY "F," ONE HUNDRED AND SIXTY-SIXTH INFANTRY, OHIO NATIONAL GUARD) TO PARTICIPATE IN DRILLS, OR PERFORM SUCH OTHER SERVICE IN LIEU THEREOF AS IS AUTHORIZED BY NATIONAL GUARD REGULATIONS, WHILE ON DUTY FOR THE MAINTENANCE OF LAW AND ORDER (OR OTHER SIMILAR EMERGENCY DUTY), THIS IS TO CERTIFY THAT THESE SOLDIERS PERFORMED DRILLS OR EQUIVALENT DUTY OF ONE AND ONE-HALF HOURS' DURATION ON THE DAYS INDICATED WHILE ENGAGED IN THE AFOREMENTIONED DUTY FOR THE MAINTENANCE OF LAW OR ORDER (OR OTHER SIMILAR EMERGENCY DUTY) UNDER COMPETENT ORDERS.

IT THUS APPEARS THAT CAPTAIN SEARS WAS ON ACTIVE DUTY AT NELSONVILLE, WHILE THE SAID ENLISTED MEN WERE ON ACTIVE DUTY AT ST. CLAIRSVILLE. THE RECAPITULATION SHOWS FIVE SPLIT ASSEMBLIES PRESCRIBED FOR APRIL AND FOUR FOR MAY, AND CREDIT IS GIVEN TO THOSE ON ACTIVE STATE DUTY FOR ATTENDING DRILLS WITH THE RELIEF DETACHMENTS.

SUPPLEMENTAL ROLL OF SERVICE COMPANY, ONE HUNDRED AND SIXTY-SIXTH INFANTRY, WITH STATION AT COLUMBUS, CONTAINS CLAIM OF FIRST LIEUT. KENNETH B. SPEELMAN, FOR ATTENDING FIVE DRILLS IN APRIL, FOUR IN MAY, AND THREE IN JUNE WITH RELIEF DETACHMENT. THE RECAPITULATION SHOWS FOUR SPLIT ASSEMBLES PRESCRIBED FOR APRIL, FOUR FOR MAY, AND THREE FOR JUNE. THE ORIGINAL ROLL ON FILE IN THIS OFFICE SHOWS FOUR SINGLE FORMATION ASSEMBLIES PRESCRIBED FOR APRIL, FIVE FOR MAY, AND THREE FOR JUNE, BUT NO SPLIT ASSEMBLIES.

SUPPLEMENTAL ROLL OF COMPANY K, ONE HUNDRED AND SIXTY-SIXTH INFANTRY, WITH STATION AT DELAWARE, CONTAINS CLAIMS OF CAPT. DAVID R. SMITH, FOR ATTENDING TWO DRILLS IN JUNE WITH THE RELIEF DETACHMENT AT NELSONVILLE, AND OF 10 ENLISTED MEN FOR DRILLS ATTENDED IN MAY WITH THE RELIEF DETACHMENT AT ST. CLAIRSVILLE. THE RECAPITULATION SHOWS FOUR SPLIT ASSEMBLIES PRESCRIBED FOR MAY AND TWO FOR JUNE. THE ORIGINAL ROLL ON FILE IN THIS OFFICE DOES NOT SHOW THAT SPLIT ASSEMBLES WERE PRESCRIBED.

SUPPLEMENTAL ROLL OF COMPANY M. ONE HUNDRED AND FORTY-FIFTH INFANTRY, WITH STATION AT AKRON, CONTAINS THE CLAIM OF FIRST LIEUT. JOHN L. SCHWARTZ FOR ATTENDING SEVEN DRILLS WITH THE RELIEF DETACHMENT AT ST. CLAIRSVILLE IN APRIL AND MAY. THE RECAPITULATION DOES NOT SHOW ANY SPLIT ASSEMBLES PRESCRIBED. THE ORIGINAL ROLL ON FILE IN THIS OFFICE DOES NOT SHOW THAT SPLIT ASSEMBLIES WERE PRESCRIBED. SUPPLEMENTAL ROLL OF COMPANY G, ONE HUNDRED AND FORTY-EIGHTH INFANTRY, WITH STATION AT LIMA, CONTAINS THE CLAIM OF SECOND LIEUT. NOBLE L. MARTIN FOR ATTENDING FOUR DRILLS IN APRIL WITH THE CHILDREN'S RELIEF DETACHMENT. THE FOLLOWING CERTIFICATE OF THE COMMANDING OFFICER OF THE COMPANY APPEARS THEREON:

IN ACCORDANCE WITH PAR. 15, N.G.R. 45, W.D., APRIL 1, 1927, AS CHANGED BY CHANGES NO. 1, W.D., APRIL 1, 1928, I CERTIFY THAT THE ASSEMBLIES FOR DRILLS AND INSTRUCTION HELD DURING THE CALENDAR MONTH OR MONTHS COVERED BY THIS SUPPLEMENTAL PAY ROLL OF COMPANY "G," ONE HUNDRED AND FORTY-EIGHTH INFANTRY, O.N.G., WERE PREVENTED FROM BEING SINGLE FORMATIONS BY THE EXIGENCIES OF FULL-DUTY STATUS AS A MILITARY FORCE UNDER THE FOLLOWING STATE ORDER: PAR. 3, S.O. 67, A.G. OHIO, MARCH 20, 1928.

THE RECAPITULATION SHOWS THAT FOUR SPLIT ASSEMBLIES WERE PRESCRIBED FOR APRIL. THE ORIGINAL ROLL ON FILE IN THIS OFFICE, HOWEVER, DOES NOT SHOW THAT ANY SPLIT ASSEMBLIES WERE PRESCRIBED.

SUPPLEMENTAL ROLL OF COMPANY L, ONE HUNDRED AND FORTY-EIGHTH INFANTRY, WITH STATION AT NAPOLEON, CONTAINS THE CLAIM OF FIRST SERGT. FLOYD M. GUILINGER FOR ATTENDING SEVEN DRILLS IN APRIL AND MAY IN ACCORDANCE WITH PARAGRAPH 15, NATIONAL GUARD REGULATION 45, AS AMENDED BY CHANGES NO. 1, APRIL 1, 1928. A CERTIFICATE SUBSTANTIALLY THE SAME AS THE ONE QUOTED ABOVE IS MADE THEREON. THE RECAPITULATION SHOWS NO PRESCRIBED SPLIT ASSEMBLIES, NEITHER DOES THAT ON THE ORIGINAL ROLL.

WITH THE CORRESPONDENCE SUBMITTED THERE APPEARS A COPY OF A MEMORANDUM OF THE CHIEF OF THE MILITIA BUREAU TO THE CHIEF OF FINANCE, DATED OCTOBER 27, 1928, APPARENTLY WITH REFERENCE TO THE PAY ROLLS HERE IN QUESTION, WHICH IS AS FOLLOWS:

1. REFERRING TO YOUR MEMORANDUM OF AUGUST 30, 1928, WITH WHICH YOU FORWARDED CERTAIN PAY ROLLS, CONCERNING WHICH SOME QUESTIONS HAD ARISEN, THE OPINION OF THIS OFFICE IN CONNECTION THEREWITH IS SET FORTH IN THE FOLLOWING PARAGRAPHS:

2. IN THE CASES UNDER CONSIDERATION NO QUESTION IS RAISED AS TO (A) THE ARMORY DRILL PAY STATUS OF THE PERSONNEL INVOLVED; (B) WHETHER THE DRILLS OR PERIODS OF INSTRUCTION WERE PROPERLY AUTHORIZED; (C) WHETHER THE PERSONNEL WAS ACTUALLY PRESENT FOR THE PRESCRIBED PERIOD; OR (D) WHETHER THE INSTRUCTION GIVEN WAS IN ACCORDANCE WITH EXISTING REGULATIONS, THE TRAINING DIRECTIVE, AND THE PROGRAMS SCHEDULES BASED THEREON. IN FACT THE AFFIDAVITS OF THE ORGANIZATION COMMANDERS AND THE CERTIFICATES OF THE INSTRUCTORS INDICATE THAT ALL THE FOREGOING CONDITIONS HAVE BEEN MET AND THAT ACCORDINGLY, IN THEIR OPINION, ARMORY DRILL PAY FOR THE PERIODS AS STATED ON THE PAY ROLLS HEREWITH IS PROPERLY DUE AND PAYABLE TO THE INDIVIDUALS CONCERNED.

3. THE QUESTION RAISED IS, SPECIFICALLY, WERE THE ASSEMBLIES AT WHICH THE INDIVIDUALS QUALIFIED FOR ARMORY DRILL PAY SUCH AS TO PROPERLY AND LEGALLY CONSTITUTE A "SPLIT ASSEMBLY" AS DEFINED IN PARAGRAPH 15, NATIONAL GUARD REGULATION 45 (CHANGES NO. 1, APRIL 1, 1928); OR, IN OTHER WORDS, WERE THE ASSEMBLIES SUCH AS BEING EACH ONE OF A "SERIES OF DULY ORDERED FORMATIONS OF SUBDIVISIONS OR PARTS THEREOF.' (SEC. 92, NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 3, 1924.)

IF IT IS ASSUMED THAT THE ASSEMBLIES LEGALLY CONSTITUTE A "SPLIT ASSEMBLY," A FURTHER QUESTION ARISES AS TO THE PROPRIETY OF CONSIDERING ALL OF THE "SPLIT ASSEMBLIES" HELD DURING A CALENDAR MONTH AS LEGAL IN VIEW OF THE REQUIREMENTS OF PARAGRAPH 15, NATIONAL GUARD REGULATION 45, WHICH REQUIRES "AT LEAST ONE OF THE ASSEMBLIES FOR DRILL AND INSTRUCTION HELD DURING ANY ONE CALENDAR MONTH BY AN ORGANIZATION * * * SHALL BE A SINGLE FORMATION, UNLESS SUCH SINGLE FORMATION IS PREVENTED BY THE EXIGENCIES OF FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS; IN WHICH CASE ALL THE ASSEMBLIES OF THE MONTH MAY BE SPLIT ASSEMBLIES.'

4. TAKING UP THE QUESTION AS TO WHETHER ALL THE ASSEMBLIES IN THE CASE OF THE ORGANIZATIONS INVOLVED MAY BE SPLIT ASSEMBLIES, IT IS OBVIOUS THAT WHEN AN ORGANIZATION, OR PART THEREOF, IS PLACED ON "FULL DUTY STATUS AS A MILITARY FORCE UNDER STATE ORDERS," ESPECIALLY WHEN SUCH DUTY IS NOT IN THE VICINITY OF THE HOME STATION OF THE ORGANIZATION, SINGLE FORMATION ASSEMBLIES BECOME IMPRACTICABLE. EVEN THOUGH THE ENTIRE ORGANIZATION WAS PLACED ON FULL-DUTY STATUS, IN A SINGLE LOCALITY, IT APPEARS IMPOSSIBLE TO CONCEIVE A SITUATION, DUE TO THE EVER-PRESENT NECESSITY OF AT LEAST A CERTAIN NUMBER OF "GUARDS" OR "WATCHES," WHERE A SINGLE FORMATION ASSEMBLY COULD BE HELD. PARAGRAPH 15, NATIONAL GUARD REGULATION 45, WAS APPARENTLY WRITTEN WITH THE ABOVE FACTS IN VIEW AND ACCORDINGLY IT APPEARS THAT ALL ORGANIZATIONS HAVING A PART OR ALL OF THEIR PERSONNEL ON ,FULL-DUTY STATUS AS A MILITARY FORCE UNDER STATE ORDERS" ARE NOT REQUIRED TO HAVE A SINGLE FORMATION ASSEMBLY DURING A CALENDAR MONTH, BUT THAT ALL OF THE ASSEMBLIES MAY BE "SPLIT ASSEMBLIES.'

5. THE ONLY POINT NOT COVERED HERETOFORE IS THAT OF THE NUMBER NECESSARY TO CONSTITUTE A ,SPLIT ASSEMBLY.' IN THE CASES UNDER CONSIDERATION, IT APPEARS THAT A GROUPING MADE UP OF ONE OR MORE MEMBERS FROM A NUMBER OF ORGANIZATIONS ASSEMBLED ON CERTAIN DATES FOR DRILL AND INSTRUCTION. THE PREPARATION OF THE REGULATIONS COVERING "SPLIT ASSEMBLIES" THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT AUTHORIZING "SPLIT ASSEMBLIES," IN VIEW OF THE BENEFICIAL CHARACTER THEREOF, WERE BROADLY CONSTRUED. ACCORDINGLY THE DETERMINATION OF A MINIMUM ATTENDANCE TO CONSTITUTE ONE OF A SERIES OF ASSEMBLIES WAS OMITTED. FAILURE TO PRESCRIBE A DEFINITE NUMBER AS NECESSARY TO BE PRESENT AT A "SPLIT ASSEMBLY" IN ORDER THAT IT MIGHT BE PROPERLY CONSIDERED AS SUCH WAS INTENTIONAL. BASICALLY,"SPLIT ASSEMBLIES" WERE CONSIDERED NECESSARY TO FACILITATE TRAINING. HENCE TO PRESCRIBE A CERTAIN DEFINITE NUMBER AS A MINIMUM OF ATTENDANCE AT A "SPLIT ASSEMBLY" WOULD BE APT, ON OCCASION, TO DEFEAT THE OBJECT OF THE LEGISLATION. ACCORDINGLY THE DETERMINATION AS TO WHETHER A "SPLIT ASSEMBLY" COULD LEGALLY BE CONSIDERED AS SUCH, WAS LEFT TO THE LOCAL AUTHORITIES, WHO WOULD BE GUIDED IN THEIR CONCLUSIONS BY THE INSTRUCTION GIVEN OR RECEIVED THEREAT, AND THE CONFORMITY OF THE INSTRUCTION WITH THE TRAINING DIRECTIVE AND THE PROGRAMS AND SCHEDULES BASED THEREON.

6. THE CERTIFICATE OF THE REGULAR ARMY INSTRUCTORS APPEARING ON THE PAY ROLLS IN QUESTION INDICATES THEIR BELIEF THAT THE CONDITIONS SET FORTH IN THE LAST SENTENCE OF PARAGRAPH 4 HEREOF HAVE BEEN MET. IT IS, THEREFORE, THE OPINION OF THIS OFFICE THAT THE ARMORY DRILL PAY CLAIMED ON THE ATTACHED PAY ROLLS MAY PROPERLY BE PAID.

7. NO REASON APPEARS FOR SUPPLEMENTAL PAY ROLLS IN THESE CASES. THE ACCOUNTS SHOULD HAVE BEEN STATED ON THE REGULAR PERIODICAL PAY ROLLS. ACCORDINGLY, THERE WOULD APPEAR TO BE NO OBJECTION TO THE TRANSFER OF THESE CLAIMS TO THE NEXT PERIODICAL PAY ROLL OF THE ORGANIZATION IN QUESTION EXCEPT IN THE CASE OF COMPANY F, ONE HUNDRED AND SIXTY-SIXTH INFANTRY. THE LATTER PAY ROLL APPEARS TO BE COMPLETE AND IN PROPER FORM.

REFERRING TO PARAGRAPH 1 OF THE MEMORANDUM DATED AUGUST 30, 1928, IT IS NOT CONTEMPLATED THAT A COPY OF THE ORDER PRESCRIBING A "SPLIT DRILL" OR "SPLIT ASSEMBLY" BE FILED WITH THE PAY ROLL. IT IS THE OPINION OF THIS OFFICE THAT ORDERS PRESCRIBING A SPLIT ASSEMBLY ARE AS A RULE VERBAL, AND THE FACTS IN CONNECTION THEREWITH ARE SET FORTH ON MB FORM 100. THE INSTRUCTOR, BEFORE SIGNING THE CERTIFICATE ON THE PAY ROLL SHOULD SATISFY HIMSELF THAT "ALL THE REQUIREMENTS OF LAW AND REGULATION GOVERNING ARMORY DRILL PAY HAVE BEEN COMPLIED WITH" AND SUCH CERTIFICATE, BEING SIGNED BY THE OFFICER BEST QUALIFIED, SHOULD IN GENERAL BE ACCEPTED.

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

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE, EACH COMPANY, TROOP, BATTERY, AND DETACHMENT IN THE NATIONAL GUARD SHALL ASSEMBLE FOR DRILL AND INSTRUCTION, INCLUDING INDOOR TARGET PRACTICE, NOT LESS THAN FORTY-EIGHT TIMES EACH YEAR, * * * : PROVIDED, THAT AN ASSEMBLY FOR DRILL AND INSTRUCTION MAY CONSIST OF A SINGLE DULY ORDERED FORMATION OF A COMPANY, TROOP, BATTERY, OR DETACHMENT, OR WHEN SO AUTHORIZED BY THE SECRETARY OF WAR OF A SERIES OF DULY ORDERED FORMATIONS OF SUBDIVISIONS OR PARTS THEREOF, BUT IN THE LATTER CASE THE SERIES OF FORMATIONS OF SUBDIVISIONS OR GROUPS MUST COMPREHEND AND INCLUDE THE ENTIRE ORGANIZATION, AND MUST BE INCLUDED WITHIN THE TIME LIMIT OF SEVEN CONSECUTIVE DAYS WITHIN A CALENDAR MONTH. THE SUM TOTAL OF THE ATTENDANCE AT ALL THE SEPARATE CONSECUTIVE FORMATIONS ANNOUNCED AS CONSTITUTING THAT ASSEMBLY SHALL BE COUNTED AS THE ATTENDANCE AT THE ACTUAL MILITARY ASSEMBLY FOR THE REQUIRED PERIOD OF IME; * * *. IT WILL BE OBSERVED THAT THE LAW PROVIDES THAT AN ASSEMBLY FOR DRILL AND INSTRUCTION OF A COMPANY MAY CONSIST OF A SERIES OF DULY ORDERED FORMATIONS OF SUBDIVISIONS OR PARTS THEREOF, FURTHER REFERRING TO THE "PARTS THEREOF" AS "GROUPS.'

THE WORD "FORMATION" IN THE MILITARY SENSE, IS DEFINED IN WEBSTER'S NEW INTERNATIONAL DICTIONARY AS "THE ARRANGEMENT OF A BODY OF TROOPS, AS IN A LINE, SQUARE, COLUMN, ETC.'

IT IS APPARENT THAT THERE CAN BE NO DULY ORDERED FORMATION OF A SINGLE INDIVIDUAL WITHIN THE MEANING OF THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT, AS AMENDED, QUOTED ABOVE. PARAGRAPHS 9 AND 15, NATIONAL GUARD REGULATION 45, AS AMENDED BY C. 1, APRIL 1, 1928, PROVIDE:

9. DEFINITION.--- ARMORY TRAINING CONSISTS OF THE ASSEMBLIES FOR DRILL AND INSTRUCTION, INCLUDING INDOOR TARGET PRACTICE PRESCRIBED IN SECTION 92 OF THE NATIONAL DEFENSE ACT, FOR EACH COMPANY (FOR DEFINITION OF "COMPANY" SEE PAR. 9, N.G.R. 2), AND THE PERFORMANCE OF APPROPRIATE DUTIES BY OFFICERS ABOVE THE GRADE OF CAPTAIN AND BY THOSE BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS, AS PRESCRIBED IN SECTION 109, NATIONAL DEFENSE ACT. ASSEMBLIES FOR DRILL AND INSTRUCTION, HEREINAFTER REFERRED TO IN THIS PAMPHLET AS "ASSEMBLIES," ARE CONSTRUED AS INCLUDING THE "REGULAR DRILL AND OTHER PERIOD OF INSTRUCTION" REFERRED TO IN SECTION 109, NATIONAL DEFENSE ACT, AND THE ORDERED DRILLS REFERRED TO IN SECTION 110, NATIONAL DEFENSE ACT. THEY MAY BE HELD WHEREVER THE COMPANY, TROOP, BATTERY, OR DETACHMENT IS STATIONED, AND NOTWITHSTANDING THE FACT THAT THE ORGANIZATION IS ON FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS, WHEN OTHERWISE AUTHORIZED BY LAW AND REGULATIONS AND PROPER STATE AUTHORITY.

15. PROCEDURE GOVERNING SINGLE FORMATION AND SPLIT ASSEMBLIES.--- AT LEAST ONE OF THE ASSEMBLIES FOR DRILL AND INSTRUCTION HELD DURING ANY ONE CALENDAR MONTH BY AN ORGANIZATION OTHER THAN AN ORGANIZATION OF THE AIR CORPS SHALL BE A SINGLE FORMATION, UNLESS SUCH SINGLE FORMATION IS PREVENTED BY THE EXIGENCIES OF FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS; IN WHICH CASE ALL THE ASSEMBLIES OF THE MONTH MAY BE SPLIT ASSEMBLIES. THE REMAINDER OF THE ASSEMBLIES OF AN ORGANIZATION DURING ANY MONTH MAY BE SPLIT ASSEMBLIES. IN AIR CORPS ORGANIZATIONS ALL ASSEMBLIES MAY BE SPLIT ASSEMBLIES. THE TIME LIMIT WITHIN WHICH A SPLIT ASSEMBLY MAY BE HELD SHALL BE STATED IN THE ORDER PRESCRIBING SUCH ASSEMBLY, AND THE TIME LIMIT OF THE ONE SUCH ASSEMBLY SHALL NOT OVERLAP THAT OF ANOTHER. SINGLE FORMATION ASSEMBLY SHALL BE HELD WITHIN THE TIME LIMIT PRESCRIBED FOR A SPLIT ASSEMBLY. * * *

PARAGRAPH 18, NATIONAL GUARD REGULATION 45, PROVIDES:

ADVANCE PUBLICATION OF SCHEDULES.--- THE SCHEDULE FOR AN ASSEMBLY OR ASSEMBLIES OF A COMPANY SHALL BE PUBLISHED IN APPROPRIATE ORDERS BY THE COMPANY COMMANDER WELL IN ADVANCE OF THE ORDERED ASSEMBLY OR ASSEMBLIES, AND WILL DESIGNATE THE DAY OR DAYS AND THE HOURS FOR EACH ASSEMBLY OF THE UNIT OR THE SUBDIVISION THEREOF, AND WILL PRESCRIBE THE CHARACTER OF THE DRILL AND INSTRUCTION TO BE GIVEN THEREAT. WHEN PUBLISHED THE SCHEDULES SHOULD BE POSTED IN A CONSPICUOUS PLACE IN THE ARMORY, PREFERABLY ON A BULLETIN BOARD PROVIDED FOR THE PURPOSE, IN ORDER THAT ALL MEMBERS OF THE ORGANIZATION MAY BE ACQUAINTED IN ADVANCE OF THE NECESSARY DETAILS PERTAINING TO THE ASSEMBLY OR ASSEMBLIES.

PARAGRAPH 9 OF CHANGE 1, QUOTED ABOVE, PROVIDES THAT ASSEMBLIES FOR DRILL AND INSTRUCTION MAY BE HELD WHEREVER THE COMPANY, ETC., IS STATIONED, AND NOTWITHSTANDING THE FACT THAT THE ORGANIZATION IS ON FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS, WHEN OTHERWISE AUTHORIZED BY LAW AND REGULATIONS AND PROPER STATE AUTHORITY.

PARAGRAPH 15 OF CHANGE 1, QUOTED ABOVE, PROVIDES THAT SPLIT ASSEMBLIES MAY BE HELD WHEN A PART OF A COMPANY IS ABSENT FROM ITS REGULAR STATION ON FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS, BUT IT DOES NOT PURPORT TO DISPENSE WITH THE REQUIREMENTS OF THE LAW AND REGULATIONS IN REGARD TO SPLIT ASSEMBLIES. WHERE SPLIT ASSEMBLIES ARE DULY ORDERED FOR COMPANIES HAVING DETACHMENTS ON STATE MILITARY DUTY AT ONE PLACE THE MERE FACT THAT THE SEVERAL DETACHMENTS PARTICIPATED IN A JOINT FORMATION, INSTEAD OF SEPARATE FORMATIONS, SUCH JOINT FORMATION WOULD NOT OF ITSELF HAVE THE EFFECT OF DEPRIVING THE INDIVIDUALS SO PARTICIPATING OF THE PAY TO WHICH OTHERWISE ENTITLED.

ORDINARILY COPIES OF ORDERS AND SCHEDULES PRESCRIBING ASSEMBLIES ARE NOT REQUIRED TO BE ATTACHED TO PAY ROLLS, BUT WHERE DOUBT ARISES IN PARTICULAR CASES SUCH MAY BE REQUIRED.

AS STATED ABOVE, THERE CAN BE NO FORMATION OF A SINGLE INDIVIDUAL. ACCORDINGLY, PAYMENT IS NOT AUTHORIZED IN THE FOLLOWING CASES SUBMITTED:

CAPT. PAUL H. SEARS, COMPANY F, ONE HUNDRED AND SIXTY-SIXTH INFANTRY.

FIRST LIEUT. KENNETH P. SPEELMAN, SERVICE COMPANY, ONE HUNDRED AND SIXTY- SIXTH INFANTRY.

CAPT. DAVID R. SMITH, COMPANY K, ONE HUNDRED AND SIXTY-SIXTH INFANTRY.

FIRST LIEUT. JOHN L. SCHWARTZ, COMPANY M, ONE HUNDRED AND FORTY FIFTH INFANTRY.

SECOND LIEUT. NOBLE L. MARTIN, COMPANY G, ONE HUNDRED AND FORTY EIGHTH INFANTRY.

FIRST SERGT. FLOYD M. GUILINGER, COMPANY L, ONE HUNDRED AND FORTY EIGHTH INFANTRY.

PAYMENT TO THE ENLISTED MEN OF THE DETACHMENTS OF COMPANY F AND OF COMPANY K, ONE HUNDRED AND SIXTY-SIXTH INFANTRY, OF PAY FOR ATTENDING THE DRILLS IN QUESTION IS AUTHORIZED, PROVIDED THE ASSEMBLIES IN WHICH THEY PARTICIPATED WERE DULY ORDERED, EVIDENCE OF WHICH FACT SHOULD BE ATTACHED TO THE PAY ROLL IN VIEW OF THE DOUBT THAT THE PROVISIONS OF THE LAW AND REGULATIONS WERE COMPLIED WITH IN THIS RESPECT.