A-5957, APRIL 18, 1925, 4 COMP. GEN. 866

A-5957: Apr 18, 1925

Additional Materials:

Contact:

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

 

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

NATIONAL GUARD-DRILL PAY BETWEEN PERIODS OF ENLISTED AND COMMISSIONED SERVICE A MEMBER OF THE NATIONAL GUARD DISCHARGED AS AN ENLISTED MAN TO ACCEPT A COMMISSION AS SECOND LIEUTENANT IS NOT ENTITLED TO PAY EITHER AS ENLISTED MAN OR AN OFFICER FOR DRILLS ATTENDED BETWEEN THE DATE OF HIS DISCHARGE AND THE DATE HE QUALIFIED BY EXAMINATION AND WAS FEDERALLY RECOGNIZED AS AN OFFICER. 1925: I HAVE YOUR LETTER OF OCTOBER 3. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A SUPPLEMENTAL ROLL TRANSMITTED THEREWITH OF BATTERY F. LIEUTENANT GREEN IS SHOWN TO HAVE BEEN CARRIED ON THE ORIGINAL ROLL AND PAYMENT WAS MADE THEREON FOR DRILLS PRESCRIBED AND ATTENDED ON APRIL 6. IT APPEARS THAT GREEN WAS DISCHARGED AS A FIRST SERGEANT.

A-5957, APRIL 18, 1925, 4 COMP. GEN. 866

NATIONAL GUARD-DRILL PAY BETWEEN PERIODS OF ENLISTED AND COMMISSIONED SERVICE A MEMBER OF THE NATIONAL GUARD DISCHARGED AS AN ENLISTED MAN TO ACCEPT A COMMISSION AS SECOND LIEUTENANT IS NOT ENTITLED TO PAY EITHER AS ENLISTED MAN OR AN OFFICER FOR DRILLS ATTENDED BETWEEN THE DATE OF HIS DISCHARGE AND THE DATE HE QUALIFIED BY EXAMINATION AND WAS FEDERALLY RECOGNIZED AS AN OFFICER.

COMPTROLLER GENERAL MCCARL TO LIEUT. E. W. WILSON, FINANCE DEPARTMENT, UNITED STATES ARMY, APRIL 18, 1925:

I HAVE YOUR LETTER OF OCTOBER 3, 1924, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A SUPPLEMENTAL ROLL TRANSMITTED THEREWITH OF BATTERY F, ONE HUNDRED AND THIRTY-FOURTH FIELD ARTILLERY, OHIO NATIONAL GUARD CONSTITUTING THE CLAIM OF SECOND LIEUT. DAVID W. GREEN, FIELD ARTILLERY, OHIO NATIONAL GUARD, FOR ARMORY DRILL PAY DURING THE PERIOD FROM MAY 1 TO JUNE 7, 1924.

LIEUTENANT GREEN IS SHOWN TO HAVE BEEN CARRIED ON THE ORIGINAL ROLL AND PAYMENT WAS MADE THEREON FOR DRILLS PRESCRIBED AND ATTENDED ON APRIL 6, 15, 23, 30, AS FIRST SERGEANT AND DRILLS ON JUNE 11, 18, 25, 30, AS SECOND LIEUTENANT, NO PAYMENT BEING MADE FOR DRILLS ON MAY 7, 14, 19, AND JUNE 4, 1924, WHICH CONSTITUTE THE BASIS FOR THE CLAIM NOW SUBMITTED IN THE AMOUNT OF $11.20, UNDER THE CONDITIONS HEREINAFTER STATED.

IT APPEARS THAT GREEN WAS DISCHARGED AS A FIRST SERGEANT, FIELD ARTILLERY, OHIO NATIONAL GUARD, EFFECTIVE APRIL 30, 1924, IN ORDER TO ACCEPT A COMMISSION AS SECOND LIEUTENANT, FIELD ARTILLERY, WHICH APPOINTMENT WAS MADE AND ACCEPTED THE FOLLOWING DAY, MAY 1, 1924. SUCCESSFULLY COMPLETED THE EXAMINATION REQUIRED BY SECTION 75 OF THE ACT OF JUNE 3, 1916, 39 STAT. 202, ON JUNE 7, 1924, AND FEDERAL RECOGNITION IN THE GRADE OF SECOND LIEUTENANT AS OF JUNE 7, 1924, WAS EXTENDED TO HIM BY THE WAR DEPARTMENT IN A COMMUNICATION DATED JULY 18, 1924.

THE DISCHARGE, EFFECTIVE APRIL 30, 1924, COMPLETELY SEPARATED GREEN FROM THE SERVICE AS AN ENLISTED MAN IN THE NATIONAL GUARD AND HE WAS NOT THEREAFTER ENTITLED TO DRILL PAY IN SUCH CAPACITY, AND, WHILE HE WAS AN OFFICER OF THE OHIO NATIONAL GUARD, SECTION 75 OF THE SAME ACT DENIES HIM ANY BENEFIT ACCRUING UNDER THAT ACT UNTIL THE PASSING OF THE EXAMINATION THERE REQUIRED, WHICH WAS PASSED JUNE 7, 1924. FEDERAL RECOGNITION HAVING BEEN EXTENDED TO HIM FROM THAT DATE, HE WAS FROM AND SUBSEQUENT TO SUCH DATE AN OFFICER OF THE NATIONAL GUARD, QUALIFIED UNDER THE NATIONAL DEFENSE ACT AND ENTITLED TO NATIONAL GUARD PAY AS PRESCRIBED BY SECTION 109 OF SUCH ACT, WHICH FOR LIEUTENANTS BELONGING TO ORGANIZATIONS IS ONE- THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADE AS PRESCRIBED FOR THE REGULAR ARMY FOR EACH REGULAR DRILL OR OTHER PERIOD OF INSTRUCTION AUTHORIZED BY THE SECRETARY OF WAR. SEE DECISION OF JANUARY 19, 1923, TO LIEUTENANT COLONEL ADAMS, 17 MS. COMP. GEN. 747. THE FIRST DRILL PAY ACCRUING TO GREEN AS A SECOND LIEUTENANT WAS FOR THE DRILL ATTENDED BY HIM JUNE 11, 1924, FOR WHICH IT APPEARS THAT PAYMENT WAS MADE ON THE ORIGINAL ROLL.