A-27893, JULY 19, 1929, 9 COMP. GEN. 17

A-27893: Jul 19, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHO IS A FEDERALLY RECOGNIZED MEMBER OF THE NATIONAL GUARD IS ENTITLED TO ARMORY DRILL PAY AND FIELD TRAINING ENCAMPMENT PAY ACCRUING UNDER HIS NATIONAL GUARD STATUS IN ADDITION TO HIS RETIRED PAY. WHEN IN THE ACTUAL SERVICE OF THE UNITED STATES UNDER HIS NATIONAL GUARD STATUS HE IS ENTITLED ONLY TO PAY OF HIS NATIONAL GUARD STATUS. 1929: THERE IS FOR CONSIDERATION IN CONNECTION WITH THE AUDIT OF PAYMENTS FOR ARMORY DRILL PAY AND ENCAMPMENT PAY OF THE NATIONAL GUARD UNDER SECTIONS 109. THE QUESTION WHETHER NATIONAL GUARD OFFICERS WHO ARE ALSO FORMER OFFICERS OF THE ARMY. HAVE BEEN RETIRED FOR DISABILITY UNDER THE ACT OF MAY 24. ARE ENTITLED TO ARMORY DRILL AND ENCAMPMENT PAY UNDER THEIR NATIONAL GUARD STATUS.

A-27893, JULY 19, 1929, 9 COMP. GEN. 17

NATIONAL GUARD PAY - RETIRED EMERGENCY OFFICER OF THE WORLD WAR A DISABLED EMERGENCY OFFICER OF THE WORLD WAR WHO HAS BEEN RETIRED UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, AND WHO IS A FEDERALLY RECOGNIZED MEMBER OF THE NATIONAL GUARD IS ENTITLED TO ARMORY DRILL PAY AND FIELD TRAINING ENCAMPMENT PAY ACCRUING UNDER HIS NATIONAL GUARD STATUS IN ADDITION TO HIS RETIRED PAY. WHEN IN THE ACTUAL SERVICE OF THE UNITED STATES UNDER HIS NATIONAL GUARD STATUS HE IS ENTITLED ONLY TO PAY OF HIS NATIONAL GUARD STATUS.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 19, 1929:

THERE IS FOR CONSIDERATION IN CONNECTION WITH THE AUDIT OF PAYMENTS FOR ARMORY DRILL PAY AND ENCAMPMENT PAY OF THE NATIONAL GUARD UNDER SECTIONS 109, 110, 94, AND 97 OF THE NATIONAL DEFENSE ACT, AS AMENDED, THE QUESTION WHETHER NATIONAL GUARD OFFICERS WHO ARE ALSO FORMER OFFICERS OF THE ARMY, NAVY, OR MARINE CORPS OF THE UNITED STATES, AND HAVE BEEN RETIRED FOR DISABILITY UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, KNOWN AS THE TYSON -FITZGERALD ACT, AS PERSONS WHO SERVED AS OFFICERS OF THE ARMY, NAVY, OR MARINE CORPS OF THE UNITED STATES DURING THE WORLD WAR, OTHER THAN AS OFFICERS OF THE REGULAR ARMY, NAVY, OR MARINE CORPS, ARE ENTITLED TO ARMORY DRILL AND ENCAMPMENT PAY UNDER THEIR NATIONAL GUARD STATUS.

THE TYSON-FITZGERALD ACT FOR THE RETIREMENT OF DISABLED EMERGENCY WORLD WAR OFFICERS PROVIDES THAT OFFICERS COMING WITHIN ITS TERMS---

* * * SHALL * * * BE PLACED UPON, AND THEREAFTER CONTINUED ON, SEPARATE RETIRED LISTS, HEREBY CREATED AS PART OF THE ARMY, NAVY, AND MARINE CORPS OF THE UNITED STATES, TO BE KNOWN AS THE EMERGENCY OFFICERS' RETIRED LIST OF THE ARMY, NAVY, OR MARINE CORPS OF THE UNITED STATES, RESPECTIVELY, WITH THE RANK HELD BY THEM WHEN DISCHARGED FROM THEIR COMMISSIONED SERVICE, AND SHALL BE ENTITLED TO THE SAME PRIVILEGES AS ARE NOW OR MAY HEREAFTER BE PROVIDED FOR BY LAW OR REGULATIONS FOR OFFICERS OF THE REGULAR ARMY, NAVY, OR MARINE CORPS WHO HAVE BEEN RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY, * * *

WITHOUT DETAILING AT LENGTH THE HISTORY AND PURPOSE OF THE LEGISLATION, IT IS WELL KNOWN THE OBJECT WAS TO GIVE TO THE OFFICERS COMING WITHIN ITS TERMS A STATUS EQUIVALENT TO, IF NOT THE SAME, AS OFFICERS OF THE REGULAR ESTABLISHMENTS RETIRED FOR PHYSICAL DISABILITY, AND WITHOUT SEARCHING FOR OR ELABORATING UPON DISTINCTIONS OF STATUS WHICH MAY BE THOUGHT TO EXIST BETWEEN OFFICERS OF THE REGULAR ESTABLISHMENTS RETIRED FOR PHYSICAL DISABILITY AND FORMER OFFICERS RETIRED UNDER THE TYSON-FITZGERALD ACT, IT IS APPARENT THAT FORMER OFFICERS RETIRED UNDER THE ACT OF 1928 ARE AT LEAST ELIGIBLE FOR APPOINTMENT AND TO PAYMENT FOR SERVICES IN THE NATIONAL GUARD TO THE SAME EXTENT AS ARE OFFICERS OF THE REGULAR ESTABLISHMENTS RETIRED FOR PHYSICAL DISABILITY. IN 23 COMP. DEC. 649 AND IN 4 COMP. GEN. 987, IN THE LATTER CASE REFERENCE BEING MADE TO SECTIONS 74 AND 100 OF THE NATIONAL DEFENSE ACT, 41 STAT. 781, AND 39 STAT. 208, IT WAS HELD THAT RETIRED OFFICERS OF THE REGULAR ARMY, NAVY, OR MARINE CORPS WERE ELIGIBLE FOR APPOINTMENT AS COMMISSIONED OFFICERS OF THE NATIONAL GUARD, IF OTHERWISE WITHIN THE LIMITS OF THE STATUTE, AND WHEN SO APPOINTED AND FEDERALLY RECOGNIZED WERE ENTITLED IN ADDITION TO THEIR RETIRED PAY TO ARMORY DRILL AND ENCAMPMENT PAY THAT MIGHT ACCRUE UNDER THEIR APPOINTMENTS AS NATIONAL GUARD OFFICERS. IN THE LAST CITED CASE IT WAS ALSO POINTED OUT THAT IF CALLED OR DRAFTED INTO THE ACTUAL SERVICE OF THE UNITED STATES THEY WOULD BE ENTITLED ONLY TO PAY OF THE OFFICE IN THE NATIONAL GUARD. THE SAME RULE WILL BE APPLIED IN THE AUDIT WITH RESPECT TO FORMER OFFICERS RETIRED UNDER THE TYSON FITZGERALD ACT.