A-29612, JANUARY 4, 1930, 9 COMP. GEN. 266

A-29612: Jan 4, 1930

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NATIONAL GUARD - ARMORY DRILL PAY THE STATUS OF A COMMISSIONED OFFICER OF THE NATIONAL GUARD "BELONGING TO AN ORGANIZATION" IS NOT CHANGED BY HIS DETAIL TO COMMAND A MEDICAL DEPARTMENT DETACHMENT WHICH IS NOT AN ORGANIZATION FOR THE PURPOSE OF DETERMINING THE PAY OF COMMISSIONED OFFICERS UNDER SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED. WAS NOT ENTITLED TO PAY AS AN OFFICER NOT BELONGING TO AN ORGANIZATION. WAS DETAILED TO COMMAND THE MEDICAL DEPARTMENT DETACHMENT. THAT HE WAS IN COMMAND THEREOF JULY 1 TO 9. THAT HE WAS PAID ARMORY DRILL PAY FOR THIS PERIOD FOR THE SATISFACTORY PERFORMANCE OF HIS DUTIES AS AN OFFICER NOT BELONGING TO AN ORGANIZATION. HE WILL BE ELIGIBLE FOR THE ADMINISTRATIVE FUNCTION PAY OF THE UNIT HE IS COMMANDING AND WILL QUALIFY FOR ARMORY DRILL PAY IN THE SAME MANNER AS THE OFFICER REGULARLY ASSIGNED TO THE POSITION HE IS OCCUPYING.

A-29612, JANUARY 4, 1930, 9 COMP. GEN. 266

NATIONAL GUARD - ARMORY DRILL PAY THE STATUS OF A COMMISSIONED OFFICER OF THE NATIONAL GUARD "BELONGING TO AN ORGANIZATION" IS NOT CHANGED BY HIS DETAIL TO COMMAND A MEDICAL DEPARTMENT DETACHMENT WHICH IS NOT AN ORGANIZATION FOR THE PURPOSE OF DETERMINING THE PAY OF COMMISSIONED OFFICERS UNDER SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED, AND SUCH OFFICER CAN NOT QUALIFY FOR ARMORY DRILL PAY BY SATISFACTORILY PERFORMING APPROPRIATE DUTIES AS AN OFFICER "NOT BELONGING TO AN ORGANIZATION.'

COMPTROLLER GENERAL MCCARL TO CAPT. H. B. LOVELL, UNITED STATES ARMY, JANUARY 4, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 11, 1929, REQUESTING REVIEW OF SETTLEMENT NO. K-45185-W, DATED JUNE 1, 1929, DISALLOWING $5, THE AMOUNT OF ARMORY DRILL PAY PAID TO SECOND LIEUT. AMSELL A. COLEBROOKE, HEADQUARTERS COMPANY, THIRD BATTALION, THREE HUNDRED AND SEVENTY-SECOND INFANTRY, MASSACHUSETTS NATIONAL GUARD, AS PER VOUCHER NO. 2064, OCTOBER, 1928, ACCOUNTS OF MAJ. E. C. MORTON, F.D., UNITED STATES ARMY, AS FOLLOWS:

DISALLOWED IN PART: JUNE 1, 1929. $5.00.

PAY ROLL MED. DEPT.DET., 2ND BN., 372 INF.

MASSACHUSETTS N.G., JULY 1 TO SEPT. 30, 1928.

AMSELL A. COLEBROOKE, 2ND LT.

PAYEE, BEING MEMBER OF THE HDQS.CO. OF THE 3RD BN., WAS NOT ENTITLED TO PAY AS AN OFFICER NOT BELONGING TO AN ORGANIZATION. (SEE IN THIS CONNECTION 5 COMP. GEN. 438.)

IT APPEARS THAT LIEUTENANT COLEBROOKE, AN OFFICER BELONGING TO AN ORGANIZATION, WAS DETAILED TO COMMAND THE MEDICAL DEPARTMENT DETACHMENT, THIRD BATTALION, THREE HUNDRED AND SEVENTY-SECOND INFANTRY; THAT HE WAS IN COMMAND THEREOF JULY 1 TO 9, 1928; AND THAT HE WAS PAID ARMORY DRILL PAY FOR THIS PERIOD FOR THE SATISFACTORY PERFORMANCE OF HIS DUTIES AS AN OFFICER NOT BELONGING TO AN ORGANIZATION.

PARAGRAPH 5A, MILITIA BUREAU CIRCULAR NO. 10, MARCH 28, 1928, PROVIDES:

WHEN THE STATE AUTHORITIES ATTACH AN OFFICER TO A UNIT FOR THE PURPOSE OF COMMAND, HE WILL BE ELIGIBLE FOR THE ADMINISTRATIVE FUNCTION PAY OF THE UNIT HE IS COMMANDING AND WILL QUALIFY FOR ARMORY DRILL PAY IN THE SAME MANNER AS THE OFFICER REGULARLY ASSIGNED TO THE POSITION HE IS OCCUPYING, PROVIDED, HOWEVER, THAT IF AN OFFICER OF THE CLASS "NOT BELONGING TO AN ORGANIZATION" IS ATTACHED TO COMMAND A COMPANY THE ORDER WILL ALSO PRESCRIBE ATTENDANCE AT DRILLS OF THE COMPANY AS HIS "APPROPRIATE DUTIES.'

A MEDICAL DEPARTMENT DETACHMENT IS NOT AN ORGANIZATION FOR THE PURPOSE OF DETERMINING THE PAY OF COMMISSIONED OFFICERS UNDER SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED, 2 COMP. GEN. 795, 799, ALTHOUGH IT IS CLASSIFIED AS AN ORGANIZATION HAVING ADMINISTRATIVE FUNCTIONS CONNECTED THEREWITH. N.G.R. 58.

THE STATUS OF AN OFFICER "NOT BELONGING TO AN ORGANIZATION" IS NOT CHANGED BY HIS DETAIL TO COMMAND A COMPANY. LIKEWISE, THE STATUS OF AN OFFICER "BELONGING TO AN ORGANIZATION" IS NOT CHANGED BY HIS DETAIL TO COMMAND AN ORGANIZATION HAVING ADMINISTRATIVE DUTIES. EACH CLASS OF OFFICERS IS ENTITLED TO ARMORY DRILL PAY AS PRESCRIBED IN SEC. 109 OF THE NATIONAL DEFENSE ACT AS AMENDED. THE ARMORY DRILL PAY OF AN OFFICER "BELONGING TO AN ORGANIZATION" IS NOT BASED ON THE SATISFACTORY PERFORMANCE OF DUTIES BUT ON THE BASIS OF DRILLS ATTENDED WHEN CERTAIN PRESCRIBED CONDITIONS ARE MET. THESE CONDITIONS ARE NOT APPLICABLE TO AN OFFICER COMMANDING A MEDICAL DEPARTMENT DETACHMENT. THE CIRCULAR LETTER REFERRED TO APPARENTLY RECOGNIZES THAT THE STATUS OF AN OFFICER "NOT BELONGING TO AN ORGANIZATION" IS NOT CHANGED BY HIS DETAIL TO COMMAND A COMPANY, AND THAT HE WILL CONTINUE TO QUALIFY FOR PAY BY SATISFACTORILY PERFORMING HIS APPROPRIATE DUTIES, BUT ITS PROVISION IN REGARD TO OFFICERS "BELONGING TO AN ORGANIZATION" IS NOT CLEAR. IT PROVIDES THAT AN OFFICER DETAILED TO COMMAND A UNIT "WILL QUALIFY FOR ARMORY DRILL PAY IN THE SAME MANNER AS THE OFFICER REGULARLY ASSIGNED TO THE POSITION HE IS OCCUPYING.' IF THIS LANGUAGE MEANS THAT AN OFFICER "BELONGING TO AN ORGANIZATION" DETAILED TO COMMAND A UNIT WHOSE WHOSE REGULARLY ASSIGNED COMMANDING OFFICER IS AN OFFICER "NOT BELONGING TO AN ORGANIZATION" WILL QUALIFY FOR ARMORY DRILL PAY BY SATISFACTORILY PERFORMING HIS APPROPRIATE DUTIES, IT IS CONTRARY TO LAW. SUCH WAS THE CONSTRUCTION PLACED ON THE ABOVE PROVISION IN ITS APPLICATION TO THIS CASE.

IN VIEW OF THE AMBIGUITY OF THE ABOVE PROVISION IN THE CIRCULAR LETTER IN ITS APPLICATION TO A CASE OF THIS KIND, THE DISALLOWANCE IN QUESTION WILL BE REMOVED, BUT SUCH PAYMENTS HEREAFTER MADE WILL NOT BE ALLOWED.