A-31380, MAY 6, 1930, 9 COMP. GEN. 462

A-31380: May 6, 1930

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NATIONAL GUARD - ARMORY DRILL PAY ENLISTED MEN OF A NATIONAL GUARD COMPANY WHO DID NOT WEAR UNIFORMS AT ARMORY DRILLS BY REASON OF THE FACT THAT UNIFORMS WERE NOT ISSUED TO THEM. REQUESTING DECISION AS TO WHETHER THE COMPANY COMMANDER IS ENTITLED TO ADMINISTRATIVE PAY. WHETHER THE OFFICERS AND ENLISTED MEN ARE ENTITLED TO ARMORY DRILL PAY FOR THE DRILLS ATTENDED AND TO WHICH THEY MAY BE OTHERWISE ENTITLED EXCEPT FOR THE FACT THAT THE ENLISTED MEN WERE NOT PRESENT DURING THE DRILLS IN THE PRESCRIBED UNIFORM. AS EVIDENCE THAT THE PAY ROLL IS CORRECT THE REGULAR ARMY INSTRUCTOR IS REQUIRED TO CERTIFY AMONG OTHER THINGS "THAT ALL THE REQUIREMENTS OF LAW AND REGULATIONS GOVERNING ARMORY DRILL PAY HAVE BEEN COMPLIED WITH.'.

A-31380, MAY 6, 1930, 9 COMP. GEN. 462

NATIONAL GUARD - ARMORY DRILL PAY ENLISTED MEN OF A NATIONAL GUARD COMPANY WHO DID NOT WEAR UNIFORMS AT ARMORY DRILLS BY REASON OF THE FACT THAT UNIFORMS WERE NOT ISSUED TO THEM, SUCH UNIFORMS BEING AVAILABLE FOR ISSUE BY THE UNIT COMMANDER, MAY NOT BE CREDITED WITH ATTENDANCE AT SUCH DRILLS FOR PAY PURPOSES, NOR MAY THEIR ATTENDANCE BE COUNTED FOR QUALIFYING THE COMPANY OFFICERS FOR DRILL PAY.

COMPTROLLER GENERAL MCCARL TO CAPT. VOLER V. VILES, UNITED STATES ARMY, MAY 6, 1930:

THERE HAS BEEN RECEIVED THROUGH THE CHIEF OF FINANCE YOUR LETTER OF MARCH 31, 1930, TRANSMITTING ARMORY DRILL PAY ROLL OF COMPANY G, ONE HUNDRED AND TWENTY-NINTH INFANTRY, ILLINOIS NATIONAL GUARD, FOR THE PERIOD FROM OCTOBER 1 TO DECEMBER 31, 1929, AND CERTAIN CORRESPONDENCE IN REGARD THERETO, AND REQUESTING DECISION AS TO WHETHER THE COMPANY COMMANDER IS ENTITLED TO ADMINISTRATIVE PAY; AND WHETHER THE OFFICERS AND ENLISTED MEN ARE ENTITLED TO ARMORY DRILL PAY FOR THE DRILLS ATTENDED AND TO WHICH THEY MAY BE OTHERWISE ENTITLED EXCEPT FOR THE FACT THAT THE ENLISTED MEN WERE NOT PRESENT DURING THE DRILLS IN THE PRESCRIBED UNIFORM. AS EVIDENCE THAT THE PAY ROLL IS CORRECT THE REGULAR ARMY INSTRUCTOR IS REQUIRED TO CERTIFY AMONG OTHER THINGS "THAT ALL THE REQUIREMENTS OF LAW AND REGULATIONS GOVERNING ARMORY DRILL PAY HAVE BEEN COMPLIED WITH.' THE REGULAR ARMY SENIOR INSTRUCTOR DID NOT EXECUTE THIS CERTIFICATE, BUT FORWARDED THE PAY ROLL TO THE ADJUTANT GENERAL OF THE STATE WITH HIS LETTER OF FEBRUARY 15, 1930, AS FOLLOWS:

1. WITH REFERENCE TO THE INCLOSED PAY ROLLS AND COPIES OF CORRESPONDENCE ATTACHED THERETO, THE FOLLOWING STATEMENT IS SUBMITTED:

A. CAPTAIN CURTIS SUBMITTED HIS RESIGNATION IN AUGUST, 1929. THE RESIGNATION WAS APPROVED AND THE REGIMENTAL COMMANDER REQUESTED AUTHORITY TO DISBAND THE COMPANY AND REORGANIZE IT AT SOME OTHER PLACE. ACCORDANCE WITH THE PROCEDURE FOLLOWED IN THIS STATE, CAPTAIN CURTIS'S RESIGNATION AND RELEASE FROM THE SERVICE COULD NOT BE ACCOMPLISHED UNTIL HE HAD TRANSFERRED HIS PROPERTY RESPONSIBILITY TO HIS SUCCESSOR. FINAL ACTION WAS NOT TAKEN ON CAPTAIN CURTIS'S RESIGNATION UNTIL EARLY IN JANUARY, WHEN THE COMPANY WAS DISBANDED AND THE PROPERTY TRANSFERRED TO THE COMMANDER OF THE NEW COMPANY G AT JOLIET.

B. KNOWING (THRU UNOFFICIAL SOURCES) THAT HIS RESIGNATION HAD BEEN APPROVED AND THAT THE COMPANY WOULD BE DISBANDED, CAPTAIN CURTIS PACKED UP THE COMPANY PROPERTY, REQUIRING THE MEN TURN IN THEIR UNIFORMS AND EQUIPMENT. THIS ACTION WAS TAKEN ABOUT OCTOBER 1, 1929. HE CONTINUED TO HAVE ASSEMBLIES FOR DRILL, HOWEVER.

C. ON OCTOBER 28TH, CAPTAIN ANDRES, THE INSTRUCTOR, VISITED COMPANY G, THIS BEING THE EVENING OF A REGULAR DRILL PERIOD. ON THIS EVENING THERE WERE 2 OFFICERS AND 16 ENLISTED MEN PRESENT WITHOUT UNIFORMS OR EQUIPMENT. CAPTAIN CURTIS' ATTENTION WAS INVITED TO THE PROVISIONS OF REGULATIONS (PARS. 12-14, N.G.R. 45) AND HE WAS INFORMED THAT THESE REGULATIONS MUST BE MET IN ORDER THAT THE MEN MIGHT QUALIFY FOR PAY. SEE CAPTAIN ANDRES' REPORT OF OCTOBER 29, 1920.

D. THE REPORT REFERRED TO ABOVE WAS SENT TO THE SENIOR INSTRUCTOR, WHO DID NOT THINK IT NECESSARY TO FORWARD SAME TO THE COMMANDING GENERAL, 6TH CORPS AREA, IN VIEW OF THE STATEMENT OF THE REGIMENTAL COMMANDER THAT, IF PAY ROLLS FOR THE SECOND QUARTER WERE SUBMITTED, HE WOULD NOT APPROVE OR FORWARD SAME. CAPTAIN ANDRES WAS ADVISED OF THIS DECISION OF THE REGIMENTAL COMMANDER AND HE, CAPTAIN ANDRES, WAS FURTHER ADVISED THAT HE MUST COMPLY WITH APPLICABLE REGULATIONS IN CERTIFYING PAY ROLLS.

E. AFTER CAPTAIN ANDRES' DEATH THE FORMS 100, WHICH HAD NOT BEEN ACTED ON BY HIM, WERE FORWARDED TO YOUR OFFICE (JANUARY 21, 1930), TOGETHER WITH COPY OF CAPTAIN ANDRES' REPORT OF OCTOBER 29TH (ABOVE REFERRED TO) AND THE ACTIONS OF THE REGIMENTAL COMMANDER THEREON.

2. IN VIEW OF THE ABOVE CIRCUMSTANCES I DO NOT BELIEVE THAT, UNDER THE REGULATIONS, EITHER THE OFFICERS OR ENLISTED MEN ARE ENTITLED TO DRILL PAY ON THE INCLOSED ROLLS, EVEN FOR DRILLS ATTENDED BY THE REQUIRED 60 PERCENT, IN THE CASE OF THE OFFICERS. CAPTAIN CURTIS IS, HOWEVER, IN MY OPINION, ENTITLED TO ADMINISTRATIVE PAY, PARTICULARLY AS GOOD CARE OF THE PROPERTY WAS TAKEN BY HIM DURING THE THREE MONTHS IN WHICH HIS RESIGNATION AND THE DISBANDMENT OF THE COMPANY WAS PENDING.

3. IT IS RECOMMENDED THAT THE PAY ROLLS WITH ALL INCLOSURES BE FORWARDED FOR DECISION. IT IS ASSUMED THAT COPIES OF FORM 107 ARE ON FILE AT REGIMENTAL HEADQUARTERS, WHICH WOULD PERMIT THE CHECKING OF THE FORMS 100 AND CERTIFICATION OF SAME BY AN INSTRUCTOR, IN THE EVENT OF DECISION THAT THE OFFICERS, OR ENLISTED MEN, ARE FOUND TO BE ENTITLED TO DRILL PAY.

IN FIFTH INDORSEMENT OF MARCH 19, 1930, THE CHIEF OF THE MILITIA BUREAU STATES THAT CAPTAIN CURTIS, THE COMMANDING OFFICER OF THIS COMPANY WAS TRANSFERRED TO THE NATIONAL GUARD RESERVE ON ACCOUNT OF THE DISBANDMENT OF HIS UNIT ON JANUARY 7, 1930, AND FURTHER:

2. THE MILITIA BUREAU IS OF THE OPINION THAT AS THE ENLISTED MEN OF THE COMPANY WERE BARRED FROM QUALIFICATIONS FOR ARMORY DRILL PAY BECAUSE OF THE ACTION OF THEIR COMPANY COMMANDER, THAT THE FACT THAT THEY WERE NOT IN UNIFORM SHOULD NOT OPERATE AGAINST THEM PROVIDED THEY ACTUALLY PARTICIPATED IN THE DRILLS CLAIMED AND RECEIVED INSTRUCTION IN COMPLIANCE WITH REGULATIONS AND ALSO THAT THE COMPANY COMMANDER IS ENTITLED TO ADMINISTRATIVE FUNCTION PAY FOR THE PERIOD.

THE REGIMENTAL COMMANDER CERTIFIED THAT THE UNIT COMMANDER CLAIMING ADMINISTRATIVE PAY ON THIS PAY ROLL FOR THE PERIOD IN QUESTION WAS ACTUALLY AND PROPERLY IN COMMAND OF THIS ORGANIZATION AND FAITHFULLY PERFORMED THE ADMINISTRATIVE FUNCTIONS IN CONNECTION THEREWITH DURING SUCH PERIOD.

THERE APPEARS NO REASON TO QUESTION THIS CERTIFICATE, AND ACCORDINGLY THE PAYMENT OF ADMINISTRATIVE PAY FOR THE PERIOD IN QUESTION IS AUTHORIZED.

PARAGRAPH 13, N.G.R. 45, PROVIDES: UNIFORM TO BE WORN AT ASSEMBLIES.--- NO OFFICER, WARRANT OFFICER, OR ENLISTED MAN WILL BE CREDITED WITH ATTENDANCE AT AN ASSEMBLY FOR DRILL AND INSTRUCTION UNLESS PRESENT THROUGHOUT THE ASSEMBLY IN THE PRESCRIBED UNIFORM (SEE N.G.R. 77), PROVIDED THAT, IN THE CASE OF ENLISTED MEN SUFFICIENT AND SUITABLE UNIFORMS ARE AVAILABLE FOR ISSUE BY THE UNIT COMMANDER, AND FURTHER PROVIDED THAT IN THE CASE OF OFFICERS AND WARRANT OFFICERS RECEIVING THEIR FIRST APPOINTMENTS THE REQUIREMENTS OF THIS PARAGRAPH MAY BE WAIVED BY INSTRUCTORS FOR A REASONABLE TIME TO PERMIT THEM TO OBTAIN SUITABLE UNIFORMS.

IT APPEARS FROM THE STATEMENT OF THE REGULAR ARMY SENIOR INSTRUCTOR THAT SUFFICIENT AND SUITABLE UNIFORMS WERE AVAILABLE FOR ISSUE TO THE ENLISTED MEN BY THE UNIT COMMANDER BUT THAT HE DID NOT ISSUE THE UNIFORMS TO THEM, NOTWITHSTANDING THE INSTRUCTOR CALLED HIS ATTENTION TO THE ABOVE PROVISIONS OF THE REGULATIONS AND ADVISED HIM IT WAS NECESSARY TO COMPLY THEREWITH IN ORDER THAT THE MEN MIGHT QUALIFY FOR PAY.

THE PURPOSE OF THIS REGULATION IN ITS APPLICATION TO ENLISTED MEN WAS TO WAIVE THE REQUIREMENT OF WEARING THE UNIFORM UPON THE RECOGNITION OF A UNIT UNTIL SUCH TIME AS THE UNIT MAY BE SUPPLIED WITH THE PRESCRIBED UNIFORMS. AFTER THE UNIT HAS BEEN SO SUPPLIED IT IS IMMATERIAL WHETHER THE FAILURE TO WEAR THE UNIFORMS IS THE FAULT OF THE UNIT COMMANDER IN NOT MAKING THE ISSUE, OR THE FAULT OF THE ENLISTED MAN IN NOT WEARING THE UNIFORM AFTER IT HAS BEEN ISSUED TO HIM. THE EXEMPTION FROM THE REQUIREMENT OF THE REGULATION IS BASED ON THE NONAVAILABILITY OF UNIFORMS FOR ISSUE BY THE UNIT COMMANDER, NOT THE NONISSUE WHEN AVAILABLE. THE ENLISTED MEN UNDER THE CIRCUMSTANCES STATED MAY THEREFORE NOT BE CREDITED WITH ATTENDANCE AT THE DRILLS. IN OTHER WORDS, THEY WERE NOT OFFICIALLY PRESENT WITHIN THE MEANING OF THE LAWS AND REGULATIONS, AND ARE NOT ENTITLED TO PAY FOR SUCH ATTENDANCE, NOR MAY THEIR ATTENDANCE BE COUNTED FOR THE PURPOSE OF QUALIFYING THE OFFICERS FOR DRILL PAY.

THE PAYMENT OF DRILL PAY AS CREDITED THE OFFICERS AND ENLISTED MEN ON THE PAY ROLL IS NOT AUTHORIZED. SEE 6 COMP. GEN. 638; N.G.R. 58, PARAGRAPHS 7 AND 10.