A-66187, DECEMBER 13, 1935, 15 COMP. GEN. 495

A-66187: Dec 13, 1935

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NATIONAL GUARD - FIELD TRAINING PAY - CERTIFICATES OF MUSTER WHERE A MEMBER OF A NATIONAL GUARD ORGANIZATION ENGAGED IN FIELD TRAINING IS RELIEVED FROM PARTICIPATION BEFORE THE CLOSE OF THE TRAINING PERIOD AND IS MUSTERED BEFORE THE REGULAR MUSTER OF HIS ORGANIZATION A PROPER NOTATION OF SUCH EARLY MUSTER AND THE DATE THEREOF. SHOWS THAT THIS ENLISTED MAN WAS PRESENT DURING THE PERIOD AUGUST 14 TO AUGUST 23. CONTAINS REMARKS THAT HE WAS ABSENT WITH LEAVE AUGUST 24 TO SEPTEMBER 2. THE ENLISTED MAN WAS NOT PAID ON THE ORIGINAL PAY ROLL. ONLY AFTER THEY HAVE BEEN MUSTERED. YOU ADVISED THE COMMANDING OFFICER OF THE ONE HUNDRED AND SIXTH WAGON COMPANY THAT THE REASON PRIVATE CALNAN HAD NOT BEEN PAID WAS THAT HE HAD NOT BEEN MUSTERED.

A-66187, DECEMBER 13, 1935, 15 COMP. GEN. 495

NATIONAL GUARD - FIELD TRAINING PAY - CERTIFICATES OF MUSTER WHERE A MEMBER OF A NATIONAL GUARD ORGANIZATION ENGAGED IN FIELD TRAINING IS RELIEVED FROM PARTICIPATION BEFORE THE CLOSE OF THE TRAINING PERIOD AND IS MUSTERED BEFORE THE REGULAR MUSTER OF HIS ORGANIZATION A PROPER NOTATION OF SUCH EARLY MUSTER AND THE DATE THEREOF, INITIALED BY THE OFFICER WHO MUSTERED HIM, SHOULD APPEAR BESIDE HIS NAME IN THE REMARKS COLUMN ON THE ORIGINAL PAY ROLL.

COMPTROLLER GENERAL MCCARL TO COL. LEO A. LUTTRINGER, UNITED STATES PROPERTY AND DISBURSING OFFICER, DECEMBER 13, 1935:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF, NATIONAL GUARD BUREAU, YOUR LETTER OF SEPTEMBER 24, 1935, TRANSMITTING SUPPLEMENTAL FIELD TRAINING PAY ROLL OF THE ONE HUNDRED AND SIXTH WAGON COMPANY, TWENTY- EIGHTH DIVISION, QUARTERMASTER TRAIN, PENNSYLVANIA NATIONAL GUARD, AUGUST 14 TO SEPTEMBER 2, 1935, COVERING THE CLAIM OF PVT. WILLIAM H. CALNAN, FOR PAY FOR ATTENDANCE AT THE ENCAMPMENT AT INDIANTOWN GAP, PA., AUGUST 14 TO AUGUST 23, INCLUSIVE.

THE ORIGINAL PAY ROLL OF THE ORGANIZATION FOR THE PERIOD OF THE ENCAMPMENT, VOUCHER NO. 639 OF YOUR SEPTEMBER 1935 ACCOUNTS, SHOWS THAT THIS ENLISTED MAN WAS PRESENT DURING THE PERIOD AUGUST 14 TO AUGUST 23, INCLUSIVE, AND CONTAINS REMARKS THAT HE WAS ABSENT WITH LEAVE AUGUST 24 TO SEPTEMBER 2. THE CERTIFICATE OF MUSTER ON THIS ORIGINAL PAY ROLL DATED AUGUST 29, 1935, ACCOUNTS FOR ONLY 54 ENLISTED MEN, THUS EXCLUDING CALNAN FROM THE MUSTER OF THAT DATE, CONSEQUENTLY NOT HAVING BEEN MUSTERED, THE ENLISTED MAN WAS NOT PAID ON THE ORIGINAL PAY ROLL, SECTION 98 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 207, AND PARAGRAPH 25, N.G.R. 58, AUTHORIZING THE PAYMENT OF FIELD TRAINING PAY TO THOSE OTHERWISE ENTITLED, ONLY AFTER THEY HAVE BEEN MUSTERED.

IN LETTER DATED SEPTEMBER 4, 1935, YOU ADVISED THE COMMANDING OFFICER OF THE ONE HUNDRED AND SIXTH WAGON COMPANY THAT THE REASON PRIVATE CALNAN HAD NOT BEEN PAID WAS THAT HE HAD NOT BEEN MUSTERED; THAT WHILE THE PAY ROLL AS PREPARED CARRIED THE NAMES OF 55 ENLISTED MEN, THE MUSTERING OFFICER HAD CERTIFIED TO THE PRESENCE OF BUT 54 ENLISTED MEN AT THE TIME OF THE MUSTER, AUGUST 29, 1935.

SECOND ENDORSEMENT FROM THE REGULAR ARMY INSTRUCTOR, DATED SEPTEMBER 9, 1935, IS WORDED AS FOLLOWS:

1. PRIVATE WILLIAM H. CALNAN, 106TH WAGON COMPANY, WAS MUSTERED BY THE UNDERSIGNED ON AUGUST 24, 1935, PRIOR TO PRIVATE CALNAN'S DEPARTURE FOR HOME STATION.

2. IT IS REQUESTED THAT THE CERTIFICATE OF THE MUSTERING OFFICER, ON THE FIELD TRAINING PAYROLL OF THE 106TH WAGON COMPANY, BE AMENDED TO READ 55 PRESENT FOR MUSTER INSTEAD OF 54.

3. THERE WERE ACTUALLY 54 ENLISTED MEN PRESENT FOR MUSTER ON AUGUST 27, 1935, AND THE MUSTERING OF PRIVATE CALNAN WAS OVERLOOKED WHEN THE CERTIFICATE WAS PREPARED.

THE CERTIFICATE OF MUSTER ON THE SUPPLEMENTAL PAY ROLL DATED SEPTEMBER 23, 1935, IS SIGNED BY THE SAME OFFICER WHO EXECUTED THE CERTIFICATE ON THE ORIGINAL PAY ROLL, AND ITS PURPORTED EFFECT IS THAT HE MUSTERED 55 ENLISTED MEN ON THAT DATE. OBVIOUSLY, THERE WAS NO MUSTER OF THE ORGANIZATION INCLUDING PRIVATE CALNAN, TOTALING 55 ENLISTED MEN ON SEPTEMBER 23, 1935, AS CONTEMPLATED BY SECTION 98 OF THE NATIONAL DEFENSE ACT. THE ORGANIZATION HAD ALREADY COMPLETED ITS TRAINING PERIOD AT INDIANTOWN GAP AND STANDING ALONE THE MUSTER CERTIFICATE OF SEPTEMBER 23, 1935, MAY NOT UNDER THE LAW AND REGULATIONS BE ACCEPTED TO CONTROVERT THE MUSTER AUGUST 29 OF ONLY 54 ENLISTED MEN AS SHOWN ON THE ORIGINAL PAY ROLL.

58 N.G.R. 25, DATED APRIL 1, 1928, PROVIDES:

25. MUSTER AND PAYMENTS.--- A. MUSTER.--- ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN ATTENDING FIELD TRAINING WILL BE MUSTERED PRIOR TO RECEIPT OF PAY. (SEE SEC. 98, NATIONAL DEFENSE ACT.) THE SENIOR INSTRUCTOR PRESENT AT EACH CAMP WILL DESIGNATE EITHER REGULAR ARMY OFFICERS OR, AFTER CONSULTATION WITH THE CAMP COMMANDER, AVAILABLE NATIONAL GUARD OFFICERS, OR BOTH, AS INSPECTOR AND MUSTERING OFFICERS. ORGANIZATIONS WILL BE MUSTERED AS NEAR THE END OF THE ENCAMPMENT AS POSSIBLE, BUT AT A TIME WHICH WILL INTERFERE AS LITTLE AS POSSIBLE WITH THE EXECUTION OF THE PROGRAM OF INSTRUCTION. INDIVIDUALS RELIEVED FOR GOOD AND SUFFICIENT REASONS FROM PARTICIPATION IN FIELD TRAINING BEFORE THE CLOSE OF THE TRAINING PERIOD WILL BE MUSTERED BEFORE THEIR DEPARTURE FROM CAMP AND WILL BE ENTITLED TO PAY AS PROVIDED IN PARAGRAPH 23 HEREIN.

B. PAYMENTS.--- AFTER TROOPS HAVE BEEN MUSTERED AS PRESCRIBED IN A ABOVE, PAYMENTS MAY BE MADE AT ANY TIME, EITHER IN CAMP OR UPON RETURN OF TROOPS TO HOME RENDEZVOUS, BY THE UNITED STATES PROPERTY AND DISBURSING OFFICER OR HIS AUTHORIZED AGENT OFFICERS. IF PAYMENTS ARE MADE IN CAMP THEY SHOULD BE MADE AS NEAR THE CLOSE OF THE ENCAMPMENT AS POSSIBLE. ALL PAYMENTS WILL BE MADE TO INDIVIDUALS IN CASH OR BY TREASURY DEPARTMENT CHECKS.

IT APPEARS EVIDENT FROM THE QUOTED ENDORSEMENT OF SEPTEMBER 9, 1935, THAT THE PRESENCE OF PRIVATE CALNAN WAS ACCOUNTED FOR PRIOR TO LEAVING CAMP ON AUGUST 24, 1935, BUT HIS MUSTER ON THAT DATE WAS NOT PROPERLY REFLECTED ON THE ORIGINAL PAY ROLL IN SUCH MANNER AS TO HAVE SUPPORTED PAYMENT TO HIM FOR THE PERIOD OF HIS PARTICIPATION AT THE ENCAMPMENT, SINCE SUCH PAYMENT WOULD HAVE RESULTED IN THE PAYMENT OF ONE ENLISTED MAN IN EXCESS OF THE NUMBER SHOWN TO HAVE BEEN MUSTERED ON THAT PAY ROLL. IN SUCH CASES AS HERE, WHERE THE MAN LEAVES CAMP EARLY AND IS MUSTERED BEFORE LEAVING THE CAMP AND BEFORE THE REGULAR MUSTER OF HIS ORGANIZATION, A PROPER NOTATION ON THE ORIGINAL PAY ROLL (SEE 59 N.G.R., PAR. 4, FEB. 4, 1932) OF SUCH EARLY MUSTER AND THE DATE THEREOF SHOULD APPEAR BESIDE HIS NAME IN THE REMARKS COLUMN INITIALED BY THE OFFICER WHO MUSTERED HIM. THERE WOULD THUS BE A CONTEMPORANEOUS RECORD FOR FUTURE USE IN THE AUDIT OF THE ACCOUNTS, AND SUCH RECORD OF MUSTER ON THE ORIGINAL PAY ROLL WOULD PERMIT THE DISBURSING OFFICER, IF THE ENLISTED MAN WAS OTHERWISE ENTITLED TO PAY, TO MAKE PROMPT PAYMENT TO HIM. BY SUCH PROCEDURE THERE WOULD BE RECORD ON THE ORIGINAL PAY ROLL NOT ONLY OF THE OFFICERS AND ENLISTED MEN PRESENT FOR MUSTER WITH THE ORGANIZATION AS A WHOLE, AS PROVIDED IN THE REGULAR CERTIFICATE OF MUSTER APPEARING ON FORM 378, BUT THERE WOULD BE A RECORD CURRENTLY MADE OF THE MEN MUSTERED AT CAMP WHO FOR SUFFICIENT REASONS HAD BEEN EXCUSED BEFORE ITS COMPLETION.

THE DATA SUBMITTED WITH THE SUPPLEMENTAL PAY ROLL INDICATE THAT PRIVATE CALNAN WAS DULY MUSTERED, ALTHOUGH THE FACT THEREOF WAS IRREGULARLY RECORDED, AND PAYMENT OF THE SUPPLEMENTAL VOUCHER IS AUTHORIZED IF OTHERWISE CORRECT.