A-62962, OCTOBER 8, 1935, 15 COMP. GEN. 280

A-62962: Oct 8, 1935

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WAS APPOINTED A COLONEL OF FIELD ARTILLERY AND ASSIGNED TO THE ONE HUNDRED AND SIXTY-EIGHTH FIELD ARTILLERY. WAS PAID COMPENSATION FOR THE TWO MONTHS' PERIOD. FORM 100 FOR THE MONTH OF FEBRUARY 1935 SHOWS THAT THE DUTIES PERFORMED BY THE OFFICER WERE THOSE OF COLONEL IN COMMAND OF REGIMENTAL HEADQUARTERS. THAT NO DUTIES WERE PERFORMED DURING THAT MONTH AS MAJOR OF INFANTRY WITH THE EIGHTY-NINTH INFANTRY BRIGADE. IT DEVELOPED THAT THE OFFICER WAS UNABLE TO QUALIFY FOR ARMORY DRILL PAY AS A FEDERALLY RECOGNIZED COLONEL OF FIELD ARTILLERY. A NEW FORM 100 FOR FEBRUARY 1935 WAS PREPARED TO SHOW THAT HE HAD PERFORMED APPROPRIATE DUTIES AS A FEDERALLY RECOGNIZED MAJOR OF THE EIGHTY-NINTH INFANTRY BRIGADE.

A-62962, OCTOBER 8, 1935, 15 COMP. GEN. 280

NATIONAL GUARD - ARMORY DRILL PAY - OFFICER NOT FEDERALLY RECOGNIZED ARMORY DRILL PAY MAY NOT LEGALLY BE PAID TO AN OFFICER OF THE NATIONAL GUARD FUNCTIONING AS A COLONEL OF A BRANCH OF A STATE FORCE IN WHICH HE FAILED TO QUALITY FOR FEDERAL RECOGNITION ON THE BASIS OF A PREVIOUS APPOINTMENT AS A MAJOR OF A DIFFERENT BRANCH OF THE SAME STATE FORCE IN WHICH HE HAD BEEN FEDERALLY RECOGNIZED. 5 COMP. GEN. 971 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO MAJOR E. T. COMEGYS, UNITED STATES ARMY, OCTOBER 8, 1935:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR SIXTH ENDORSEMENT OF JUNE 10, 1935, TRANSMITTING SUPPLEMENTAL PAY ROLL OF HEADQUARTERS DETACHMENT, EIGHTY-NINTH INFANTRY BRIGADE, COLORADO NATIONAL GUARD, COVERING THE CLAIM OF JOHN P. DONOVAN FOR DRILL PAY AS A FEDERALLY RECOGNIZED MAJOR OF INFANTRY, COLORADO NATIONAL GUARD, FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES AS A COLONEL OF FIELD ARTILLERY UNDER ASSIGNMENT TO REGIMENTAL HEADQUARTERS, ONE HUNDRED AND SIXTY-EIGHTH FIELD ARTILLERY, COLORADO NATIONAL GUARD.

IT APPEARS THAT THIS OFFICER, WHILE A MAJOR OF INFANTRY ASSIGNED TO THE EIGHTY-NINTH INFANTRY BRIGADE, WAS APPOINTED A COLONEL OF FIELD ARTILLERY AND ASSIGNED TO THE ONE HUNDRED AND SIXTY-EIGHTH FIELD ARTILLERY, TWENTY- FOURTH DIVISION OF CAVALRY, COLORADO NATIONAL GUARD, PER PARAGRAPH 1, S.O. 10, A.G.O., COLORADO, FEBRUARY 1, 1935, EFFECTIVE FROM THE DATE OF THE ORDER; THAT HE SATISFACTORILY PERFORMED APPROPRIATE DUTIES IN THE LOWER GRADE TO JANUARY 31, 1935, AND WAS PAID COMPENSATION FOR THE TWO MONTHS' PERIOD, DECEMBER 1, 1934, TO JANUARY 31, 1935, AS A MAJOR UNDER THE PROVISIONS OF SECTION 109 OF THE NATIONAL DEFENSE ACT. OFFICIAL EXTRACT COPY OF ORIGINAL M.B. FORM 100 FOR THE MONTH OF FEBRUARY 1935 SHOWS THAT THE DUTIES PERFORMED BY THE OFFICER WERE THOSE OF COLONEL IN COMMAND OF REGIMENTAL HEADQUARTERS, ONE HUNDRED AND SIXTY-EIGHTH FIELD ARTILLERY, AND THAT NO DUTIES WERE PERFORMED DURING THAT MONTH AS MAJOR OF INFANTRY WITH THE EIGHTY-NINTH INFANTRY BRIGADE. WHEN, HOWEVER, IT DEVELOPED THAT THE OFFICER WAS UNABLE TO QUALIFY FOR ARMORY DRILL PAY AS A FEDERALLY RECOGNIZED COLONEL OF FIELD ARTILLERY, A NEW FORM 100 FOR FEBRUARY 1935 WAS PREPARED TO SHOW THAT HE HAD PERFORMED APPROPRIATE DUTIES AS A FEDERALLY RECOGNIZED MAJOR OF THE EIGHTY-NINTH INFANTRY BRIGADE.

THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 15, 1933, 48 STAT. 153, PROVIDES:

SEC. 58. * * *

THE NATIONAL GUARD OF THE UNITED STATES IS HEREBY ESTABLISHED. IT SHALL BE A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES AND SHALL CONSIST OF THOSE FEDERALLY RECOGNIZED NATIONAL GUARD UNITS, AND ORGANIZATIONS, AND OF THE OFFICERS, WARRANT OFFICERS, AND ENLISTED MEMBERS OF THE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, WHO SHALL HAVE BEEN APPOINTED, ENLISTED AND APPOINTED, OR ENLISTED, AS THE CASE MAY BE, IN THE NATIONAL GUARD OF THE UNITED STATES, AS HEREINAFTER PROVIDED, AND OF SUCH OTHER OFFICERS AND WARRANT OFFICERS AS MAY BE APPOINTED THEREIN AS PROVIDED IN SECTION 111 HEREOF: PROVIDED, THAT THE MEMBERS OF THE NATIONAL GUARD OF THE UNITED STATES SHALL NOT BE IN THE ACTIVE SERVICE OF THE UNITED STATES EXCEPT WHEN ORDERED THERETO IN ACCORDANCE WITH LAW, AND, IN TIME OF PEACE, THEY SHALL BE ADMINISTERED, ARMED, UNIFORMED, EQUIPPED, AND TRAINED IN THEIR STATUS AS THE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, AS PROVIDED IN THIS ACT:

SEC. 60. ORGANIZATION OF NATIONAL GUARD UNITS.--- EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE ORGANIZATION OF THE NATIONAL GUARD, INCLUDING THE COMPOSITION OF ALL UNITS THEREOF, SHALL BE THE SAME AS THAT WHICH IS OR MAY HEREAFTER BE PRESCRIBED FOR THE REGULAR ARMY, SUBJECT IN TIME OF PEACE TO SUCH GENERAL EXCEPTIONS AS MAY BE AUTHORIZED BY THE SECRETARY OF WAR. AND THE PRESIDENT MAY PRESCRIBE THE PARTICULAR UNIT OR UNITS, AS TO BRANCH OR ARM OF SERVICE, TO BE MAINTAINED IN EACH STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA IN ORDER TO SECURE A FORCE WHICH, WHEN COMBINED, SHALL FORM COMPLETE HIGHER TACTICAL UNITS; * * *

SEC. 75. THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ANY PERSON HEREAFTER APPOINTED AS AN OFFICER OF THE NATIONAL GUARD UNLESS HE FIRST SHALL HAVE SUCCESSFULLY PASSED SUCH TESTS AS TO HIS PHYSICAL, MORAL, AND PROFESSIONAL FITNESS AS THE PRESIDENT SHALL PRESCRIBE. THE EXAMINATION TO DETERMINE SUCH QUALIFICATIONS FOR APPOINTMENT SHALL BE CONDUCTED BY A BOARD OF THREE COMMISSIONED OFFICERS APPOINTED BY THE SECRETARY OF WAR FROM THE REGULAR ARMY OR THE NATIONAL GUARD OF THE UNITED STATES, OR BOTH. THE EXAMINATION HEREIN PROVIDED FOR MAY BE HELD PRIOR TO THE ORIGINAL APPOINTMENT OR PROMOTION OF ANY INDIVIDUAL AS AN OFFICER OR WARRANT OFFICER AND IF THE APPLICANT HAS BEEN FOUND QUALIFIED, HE MAY BE ISSUED A CERTIFICATE OF ELIGIBILITY BY THE CHIEF OF THE NATIONAL GUARD BUREAU, WHICH CERTIFICATE, IN THE EVENT OF APPOINTMENT OR PROMOTION WITHIN TWO YEARS TO THE OFFICE FOR WHICH HE WAS FOUND QUALIFIED, SHALL ENTITLE THE HOLDER TO FEDERAL RECOGNITION WITHOUT FURTHER EXAMINATION, EXCEPT AS TO HIS PHYSICAL CONDITION.

UPON BEING FEDERALLY RECOGNIZED, SUCH OFFICERS AND WARRANT OFFICERS MAY BE APPOINTED IN THE NATIONAL GUARD OF THE UNITED STATES.

SECTION 109 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364, PROVIDES IN PART:

* * * OFFICERS ABOVE THE GRADE OF CAPTAIN SHALL RECEIVE NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OF MAJOR, NOT BELONGING TO ORGANIZATIONS, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTION 3 OF SAID PAY READJUSTMENT ACT FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. IN ADDITION TO PAY HEREINBEFORE PROVIDED, OFFICERS COMMANDING ORGANIZATIONS LESS THAN A BRIGADE AND HAVING ADMINISTRATIVE FUNCTIONS CONNECTED THEREWITH, SHALL, WHETHER OR NOT SUCH OFFICERS BELONG TO SUCH ORGANIZATIONS, RECEIVE NOT MORE THAN $240 A YEAR FOR THE FAITHFUL PERFORMANCE OF SUCH ADMINISTRATIVE FUNCTIONS UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE; *

58 N.G.R. 8, DATED APRIL 1, 1928, PROVIDES:

8. OFFICERS ABOVE THE GRADE OF CAPTAIN.--- FOR SATISFACTORY PERFORMANCE OF HIS APPROPRIATE DUTIES, AS DEFINED IN PARAGRAPH 21, N.G.R. 45, AND EVIDENCED BY THE AUTHORIZED CERTIFICATE ON A PAY ROLL (SEE N.G.R. 59), EACH OFFICER ABOVE THE GRADE OF CAPTAIN, IN ARMORY DRILL PAY STATUS, SHALL RECEIVE ARMORY DRILL PAY AT THE RATE OF $500 PER YEAR, COMPUTED ON THE BASIS OF ONE-TWELFTH ANNUAL PAY PER MONTH.

45 N.G.R. 21, DATED AUGUST 7, 1934, PROVIDES:

21. APPROPRIATE DUTIES FOR OFFICERS NOT BELONGING TO ORGANIZATIONS. -- "APPROPRIATE DUTIES" REFERRED TO IN SECTION 109, NATIONAL DEFENSE ACT, FOR GENERAL AND FIELD OFFICERS, AND CAPTAINS AND LIEUTENANTS NOT BELONGING TO COMPANIES, ARE THOSE VARIOUS MILITARY DUTIES PRESCRIBED BY LAW AND REGULATIONS AND THOSE ASSIGNED FROM TIME TO TIME BY PROPER MILITARY AUTHORITY. * * *

20 N.G.R. 67 (B), DATED NOVEMBER 12, 1931, PROVIDES:

B. INVOLVING CHANGE.--- TRANSFER INVOLVING CHANGE IN GRADE OR BRANCH OF AN OFFICER INVOLVES A NEW APPOINTMENT, EXAMINATION, AND OATH OF OFFICE. RECOGNITION MUST BE AGAIN EXTENDED BY THE CHIEF OF THE MILITIA BUREAU. APPLICATION FOR THE SAME WILL BE SUBMITTED BY THE STATE ADJUTANT GENERAL AS FOR AN ORIGINAL APPOINTMENT. A CHANGE IN GRADE OR BRANCH WILL INVOLVE AN EXAMINATION BY A BOARD OF OFFICERS UNDER THE PROVISIONS OF SECTION 75, NATIONAL DEFENSE ACT, UNLESS THE CHANGE IN BRANCH IS MADE FOR THE CONVENIENCE OF THE GOVERNMENT. (FOR WAIVER, SEE PAR. 45 HEREIN.)

THE SUBMISSION DID NOT CONTAIN A COPY OF THE STATE ORDER OF FEBRUARY 1, 1935, UNDER WHICH THIS OFFICER WAS RELIEVED AS MAJOR OF INFANTRY IN WHICH HE WAS FEDERALLY RECOGNIZED AND PROMOTED AND ASSIGNED AS A COLONEL IN A FIELD ARTILLERY ORGANIZATION, IN WHICH HE WAS REFUSED FEDERAL RECOGNITION, BUT AS AN ADMINISTRATIVE PROPOSITION IN THIS RESPECT THE LAST-QUOTED PROVISION OF THE NATIONAL GUARD REGULATIONS (20 N.G.R. 67 (B) ( WOULD SEEM TO INDICATE THAT WHEN A FEDERALLY RECOGNIZED OFFICER OF THE NATIONAL GUARD IS TRANSFERRED TO A DIFFERENT BRANCH FEDERAL RECOGNITION IN THE NEW BRANCH OF THE SERVICE MUST BE AGAIN EXTENDED BY THE CHIEF OF THE NATIONAL GUARD BUREAU, AND THIS SEEMS TO BE THE REQUIREMENT EVEN WHERE NO PROMOTION IS INVOLVED AND IS UNDOUBTEDLY PREDICATED UPON THE THEORY THAT UPON A CHANGE IN THE BRANCH OF SERVICE THE OFFICER'S QUALIFICATIONS FOR THE NEW AND DIFFERENT ARM SHOULD BE MANIFESTED BY PASSING THE SAME EXAMINATIONS, ETC., AS TO HIS FITNESS AS IS REQUIRED UPON AN ORIGINAL APPOINTMENT UNDER SECTION 75 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR THE PURPOSE OF FILLING A VACANCY EXISTING IN A PARTICULAR ORGANIZATION AUTHORIZED UNDER SECTION 60 OF THE NATIONAL DEFENSE ACT.

BY FIRST ENDORSEMENT FROM THE NATIONAL GUARD BUREAU DATED SEPTEMBER 10, 1935, IT WAS STATED:

1. WITH REFERENCE TO THE LAST PARAGRAPH OF THE FOREGOING COMMUNICATION, THE NATIONAL GUARD BUREAU HAS CONSISTENTLY REFERRED IN THIS AND ALL SIMILAR CASES TO THE DECISION OF THE COMPTROLLER GENERAL (A-15117, SEPTEMBER 22, 1926), WHEREIN THE COMPTROLLER GENERAL SET FORTH THAT THE ONLY APPARENT SOLUTION IN THE PRESENT STATE OF THE LAW IS TO TREAT THE GOVERNOR'S APPOINTMENT OR PROMOTION OF AN OFFICER OF THE NATIONAL GUARD FOR PURPOSES OF FEDERAL PAY UNDER THE NATIONAL DEFENSE ACT AS TENTATIVE AND SUBJECT TO THE OFFICER'S QUALIFICATION AND HIS FEDERAL RECOGNITION IN THE GRADE TO WHICH PROMOTED, AND THE OFFICER'S ACCEPTANCE OF THE GOVERNOR'S APPOINTMENT TO A HIGHER GRADE AS ALSO SO CONDITIONED.

2. PAGE 973, VOLUME 5, DECISIONS OF THE COMPTROLLER GENERAL, STATES IN PART AS FOLLOWS: "THE REQUIREMENT OF FEDERAL RECOGNITION TO BE ENTITLED TO THE PAY AUTHORIZED BY THE NATIONAL DEFENSE ACT, AS AMENDED, FOR MEMBERS OF THE NATIONAL GUARD NOT IN FEDERAL SERVICE DOES NOT AFFECT THE AUTHORITY OF THE GOVERNOR OF A STATE TO MAKE APPOINTMENTS IN THE NATIONAL GUARD OF THE STATE, NOR THE AUTHORITY OF SUCH APPOINTEES UNDER THE GOVERNOR'S APPOINTMENT; IF THE APPOINTMENT IS LEGAL UNDER THE LAWS OF THE STATE THEY ARE DE JURE OFFICERS OF THE NATIONAL GUARD OF THE STATE, ALTHOUGH NOT ENTITLED TO PAY UNDER THE NATIONAL DEFENSE ACT.' IN VIEW OF THIS DECISION, IT WOULD APPEAR THAT MAJOR DONOVAN CAN HOLD A STATE APPOINTMENT AS COLONEL OF FIELD ARTILLERY. IF HE PERFORMS THE DUTIES OF A COLONEL OF FIELD ARTILLERY (IN STATE SERVICE) WITHIN THE STATE, HE IS NOT ENTITLED TO DRAW FEDERAL PAY FOR SUCH SERVICES.

3. JOHN PHILIP DONOVAN IS, ACCORDING TO THE RECORDS OF THIS BUREAU, FEDERALLY RECOGNIZED AS A MAJOR, INFANTRY, COLORADO NATIONAL GUARD. HOLDS A COTERMINOUS APPOINTMENT AS MAJOR, INFANTRY, IN THE NATIONAL GUARD OF THE UNITED STATES, UNDER THE PROVISIONS OF SECTION 58, NATIONAL DEFENSE ACT, AS AMENDED. THE APPOINTMENT IN THE NATIONAL GUARD OF THE UNITED STATES IS BASED ON THE OFFICER'S FEDERALLY RECOGNIZED NATIONAL GUARD STATUS, AND NOT ON HIS APPOINTMENT BY THE STATE AUTHORITIES. HE IS ENTITLED TO CONTINUE TO DRAW PAY AS A FEDERALLY RECOGNIZED MAJOR OF INFANTRY, COLORADO NATIONAL GUARD, PROVIDED HE PERFORMS THE DUTIES OF THAT GRADE AND BRANCH.

THE FACTS IN THIS CASE ARE MATERIALLY DIFFERENT FROM THOSE CONSIDERED IN DECISIONS OF THIS OFFICE, A-14397, DATED JUNE 11, 1926, 5 COMP. GEN.971, 974, AND A-15117, DATED SEPTEMBER 22, 1926, AND SHOULD NOT BE CONFUSED WITH WHAT WAS THERE STATED. THERE THE OFFICERS HOLDING APPOINTMENTS IN THE NATIONAL GUARD FROM THE PROPER STATE AUTHORITY AND FEDERALLY RECOGNIZED AS SUCH WERE PROMOTED TO HIGHER OFFICES AND THE QUESTION WAS AS TO THEIR STATUS FOR PAY PURPOSES FROM THE DATE OF PROMOTION TO THE DATE OF FEDERAL RECOGNITION BY THE WAR DEPARTMENT IN THE HIGHER GRADES. IT WAS RECOGNIZED THAT UNDER THE NORMAL ADMINISTRATIVE PROCEDURE SOME DELAY NECESSARILY WAS ENTAILED BETWEEN THE DATE OF QUALIFICATION IN THE HIGHER GRADE AND DATE OF FEDERAL RECOGNITION AND SINCE FEDERAL RECOGNITION IS BASED ON QUALIFICATION UNDER SECTION 75 OF THE NATIONAL DEFENSE ACT, THE TURNING POINT IN THE CHANGE OF STATUS, FOR PAY PURPOSES, FROM THE LOWER TO THE HIGHER GRADE WAS HELD TO BE CONSIDERED AS THE EFFECTIVE DATE OF FEDERAL RECOGNITION EVEN THOUGH RETROACTIVE, IF ALL OTHER REQUIREMENTS WERE COMPLIED WITH. THAT IS TO SAY, THE LOWER FEDERALLY RECOGNIZED GRADE HELD BY THE OFFICER WOULD BE CONSIDERED AS NOT HAVING EFFECTUALLY TERMINATED CONCURRENTLY WITH THE APPOINTMENT BY THE GOVERNMENT TO A HIGHER GRADE, BUT THAT UPON NOTICE OF FEDERAL RECOGNITION IN THE HIGHER GRADE SUCH HIGHER GRADE WOULD RELATE BACK TO THE EFFECTIVE DATE OF FEDERAL RECOGNITION IN THE HIGHER GRADE, BUT NOT PRIOR TO PASSING THE TESTS REQUIRED UNDER SECTION 75. THE THEORY OF THOSE DECISIONS WAS THAT THE OFFICER WAS CONTINUOUSLY A FEDERALLY RECOGNIZED OFFICER OF THE NATIONAL GUARD AND THAT ARMORY DRILL PAY SHOULD NOT BE JEOPARDIZED BECAUSE OF THE DELAY ATTENDING FEDERAL RECOGNITION AFTER THE GOVERNOR'S APPOINTMENT TO THE HIGHER GRADE HAD ISSUED AND HAD BEEN ACCEPTED BY THE OFFICER. IN THE PRESENT CASE, THIS OFFICER WAS APPOINTED A COLONEL, FIELD ARTILLERY, COLORADO NATIONAL GUARD, AND ASSIGNED TO COMMAND THE ONE HUNDRED AND SIXTY EIGHTH REGIMENT, TWENTY-FOURTH DIVISION OF CAVALRY, NOTWITHSTANDING HIS APPARENT INABILITY TO PASS THE EXAMINATIONS NECESSARY TO QUALIFY AS A FEDERALLY RECOGNIZED OFFICER OF THAT GRADE AND BRANCH OF SERVICE UNDER SECTION 75 OF THE NATIONAL DEFENSE ACT. IT WAS NOT A ROUTINE PROMOTION BUT AN ADVANCEMENT OF TWO GRADES IN RANK AND TRANSFER TO ANOTHER BRANCH OF THE SERVICE. HAD HE QUALIFIED UNDER THAT APPOINTMENT UNDER SECTION 75 OF THE NATIONAL DEFENSE ACT, FEDERAL RECOGNITION IN THE GRADE WOULD HAVE ENTITLED TO ARMORY DRILL PAY (IF OTHERWISE PAYABLE) FROM DATE OF EXAMINATION. BUT ARMORY DRILL PAY IS PAYABLE ONLY TO OFFICERS OF THE NATIONAL GUARD OF A STATE WHO HAVE BEEN FEDERALLY RECOGNIZED. UPON ACCEPTANCE OF APPOINTMENT AS COLONEL, FIELD ARTILLERY, NATIONAL GUARD OF COLORADO, THIS OFFICER CEASED TO BE A MAJOR, INFANTRY, NATIONAL GUARD OF COLORADO. NOT HAVING BEEN FEDERALLY RECOGNIZED AS A COLONEL HE MAY NOT BE PAID AS A MAJOR, AN OFFICE HE NO LONGER HOLDS. FEDERAL RECOGNITION IS NOT AN APPOINTMENT, BUT IS MERELY EVIDENCE THAT AN OFFICER OF THE NATIONAL GUARD OF A STATE SO RECOGNIZED IS QUALIFIED FOR THE GRADE AND BRANCH TO WHICH APPOINTED BY THE STATE AUTHORITIES. FEDERAL RECOGNITION IN A GRADE WITHOUT A STATE APPOINTMENT IN SUCH GRADE ENTITLES TO NO FEDERAL PAY, ARMORY DRILL, ENCAMPMENT, OR OTHERWISE. THE PERMANENT RECORD OF DUTY PERFORMED INDICATES THE OFFICER EXERCISED COMMAND IN HIS STATE STATUS AS COLONEL, FIELD ARTILLERY. UNDER THE APPLICABLE PROVISIONS OF THE NATIONAL DEFENSE ACT ARMORY DRILL PAY MAY NOT LEGALLY BE PAID TO AN OFFICER FUNCTIONING AS A COLONEL OF FIELD ARTILLERY IN WHICH HE FAILED TO QUALIFY FOR FEDERAL RECOGNITION ON THE BASIS OF A PREVIOUS APPOINTMENT AS MAJOR OF INFANTRY OF THE SAME STATE FORCE IN WHICH HE HAD BEEN FEDERALLY RECOGNIZED. PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.