A-4512, SEPTEMBER 17, 1924, 4 COMP. GEN. 305

A-4512: Sep 17, 1924

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A WARRANT OFFICER OF A BAND SECTION IS ENTITLED TO THE MAXIMUM PAY FOR ATTENDING FOUR DRILLS PER MONTH AND TO THE PROPORTIONATE PAY FOR ATTENDING A LESSER NUMBER PER MONTH. 1924: THERE IS BEFORE THIS OFFICE FOR DECISION THE AMOUNT OF ARMORY DRILL PAY TO WHICH WARRANT OFFICER CHARLES T. IS ENTITLED. IT WAS HELD (QUOTING FROM THE SYLLABUS): WARRANT OFFICERS OF THE NATIONAL GUARD. ARE MEMBERS OF ORGANIZATIONS. MAY BE REQUIRED BY THE REGULATIONS TO ATTEND AND SATISFACTORILY PERFORM THEIR APPROPRIATE DUTIES AT ALL DRILLS PROPERLY PRESCRIBED FOR THE ORGANIZATION OF WHICH THEY ARE MEMBERS. AT THE TIME THIS DECISION WAS RENDERED NO REGULATONS HAD BEEN PROMULGATED COVERING THE PAY OF WARRANT OFFICERS.

A-4512, SEPTEMBER 17, 1924, 4 COMP. GEN. 305

NATIONAL GUARD--- DRILL PAY OF WARRANT OFFICERS UNDER PARAGRAPH 928B OF THE NATIONAL GUARD REGULATIONS, AS AMENDED BY CHANGES NO. 9 OF OCTOBER 30, 1923, A WARRANT OFFICER OF A BAND SECTION IS ENTITLED TO THE MAXIMUM PAY FOR ATTENDING FOUR DRILLS PER MONTH AND TO THE PROPORTIONATE PAY FOR ATTENDING A LESSER NUMBER PER MONTH.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 17, 1924:

THERE IS BEFORE THIS OFFICE FOR DECISION THE AMOUNT OF ARMORY DRILL PAY TO WHICH WARRANT OFFICER CHARLES T. CARROL, BAND SECTION, SERVICE COMPANY, 127TH INFANTRY, WISCONSIN NATIONAL GUARD, IS ENTITLED, WHO DURING THE QUARTER ENDED MARCH 31, 1924, ATTENDED FOUR DRILLS IN JANUARY, THREE IN FEBRUARY, AND FOUR IN MARCH, FIVE DRILLS HAVING BEEN PRESCRIBED FOR THE ORGANIZATION EACH MONTH.

IN 2 COMP. GEN. 375, DECEMBER 12, 1922, IT WAS HELD (QUOTING FROM THE SYLLABUS):

WARRANT OFFICERS OF THE NATIONAL GUARD, IN TIME OF PEACE AND UNDER PRESENT REGULATIONS, ARE MEMBERS OF ORGANIZATIONS, AND MAY BE REQUIRED BY THE REGULATIONS TO ATTEND AND SATISFACTORILY PERFORM THEIR APPROPRIATE DUTIES AT ALL DRILLS PROPERLY PRESCRIBED FOR THE ORGANIZATION OF WHICH THEY ARE MEMBERS, AND THEIR MONTHLY PAY MAY BE REDUCED PROPORTIONATELY TO THEIR FAILURE TO ATTEND SUCH DRILLS, BUT THE REGULATIONS MAY NOT FIX A RATE OF PAY PER DRILL OR UNIT OF SERVICE IN LIEU OF THE STATUTORY MONTHLY RATE.

AT THE TIME THIS DECISION WAS RENDERED NO REGULATONS HAD BEEN PROMULGATED COVERING THE PAY OF WARRANT OFFICERS, BUT SUBSEQUENT THERETO, ON OCTOBER 30, 1923, PARAGRAPH 928B OF THE NATIONAL GUARD REGULATIONS WAS AMENDED BY CHANGES NO. 9 AS FOLLOWS:

(B) OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS, AND WARRANT OFFICERS, SHALL RECEIVE NOT MORE THAN FOUR THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES AS PRESCRIBED FOR THE REGULAR ARMY FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES AS PRESCRIBED IN THESE REGULATIONS.

EXCEPT AS PROVIDED IN PARAGRAPH 928 (F) OF THESE REGULATIONS, THESE OFFICERS AND WARRANT OFFICERS WILL BE ENTITLED TO THE MAXIMUM PAY HEREIN PROVIDED IF THEY SHALL HAVE ATTENDED NOT LESS THAN FOUR ASSEMBLIES FOR DRILL OR OTHER INSTRUCTION AND SATISFACTORILY PERFORMED ALL OTHER APPROPRIATE DUTIES OF THEIR GRADES DURING ANY ONE MONTH, AND TO A PROPORTIONATE PART OF SAID MAXIMUM PAY FOR ATTENDANCE AT A LESSER NUMBER OF ASSEMBLIES AT WHICH THEY HAVE SATISFACTORILY PERFORMED THEIR APPROPRIATE DUTIES. * * *

IN PASSING UPON THE VALIDITY OF THIS CHANGE, BY DECISION OF MARCH 22, 1924, 31 MS. COMP. GEN. 822, IT WAS HELD:

* * * IF IT IS PROPOSED TO PAY THE COMMANDING OFFICER OF THE BAND SECTION, A WARRANT OFFICER, THE MAXIMUM PAY ALLOWED BY LAW FOR ATTENDANCE AT 20 PERCENT LESS DRILLS (48 PER ANNUM), THE REGULATION ACCOMPLISHES THE PURPOSE, AND A REGULATION TO THAT EFFECT IS WITHIN THE DISCRETION CONFERRED UPON THE SECRETARY OF WAR BY THE * * * LANGUAGE OF SECTION 14 OF THE ACT OF JUNE 10, 1922.

IN ACCORDANCE WITH THE ABOVE QUOTED DECISION, PAYMENT TO WARRANT OFFICER CHARLES T. CARROL OF THE MAXIMUM PAY FOR JANUARY, THREE-FOURTHS OF THE MAXIMUM PAY FOR FEBRUARY, AND THE MAXIMUM FOR MARCH, 1924, WAS CORRECT.