A-66361, NOVEMBER 16, 1935, 15 COMP. GEN. 417

A-66361: Nov 16, 1935

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PAY - AVIATION - NATIONAL GUARD WARRANT OFFICERS OF THE NATIONAL GUARD WHO DURING PORTIONS OF A MONTH NOT CONSUMED IN FIELD TRAINING PERFORM FLIGHTS IN THE PROPORTION THAT SAID MONTHLY PORTIONS BEAR TO THE FLIGHT REQUIREMENTS FOR A FULL MONTH ARE ENTITLED TO ADDITIONAL PAY FOR FLYING BASED ON THE AMOUNT OF ARMORY DRILL PAY TO WHICH ENTITLED FOR AUTHORIZED DRILLS ATTENDED BY THEM DURING SAID MONTH. COVERING 50 PERCENTUM ADDITIONAL PAY FOR FLYING BASED ON THE AMOUNT OF ARMORY DRILL PAY TO WHICH THEY WERE ENTITLED FOR AUTHORIZED DRILLS ATTENDED JUNE 2. BY REASON OF HAVING MET THE FLIGHT REQUIREMENTS FOR THE FRACTIONS OF THE MONTH THEY WERE IN AN ARMORY DRILL PAY STATUS FROM JUNE 1 TO 7 AND 23 TO 30.

A-66361, NOVEMBER 16, 1935, 15 COMP. GEN. 417

PAY - AVIATION - NATIONAL GUARD WARRANT OFFICERS OF THE NATIONAL GUARD WHO DURING PORTIONS OF A MONTH NOT CONSUMED IN FIELD TRAINING PERFORM FLIGHTS IN THE PROPORTION THAT SAID MONTHLY PORTIONS BEAR TO THE FLIGHT REQUIREMENTS FOR A FULL MONTH ARE ENTITLED TO ADDITIONAL PAY FOR FLYING BASED ON THE AMOUNT OF ARMORY DRILL PAY TO WHICH ENTITLED FOR AUTHORIZED DRILLS ATTENDED BY THEM DURING SAID MONTH.

COMPTROLLER GENERAL MCCARL TO LIEUTENANT COLONEL C. NEWTON, JR., UNITED STATES ARMY, NOVEMBER 16, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 3, 1935, TRANSMITTING SUPPLEMENTAL ARMORY DRILL PAY ROLL OF 120TH OBSERVATION SQUADRON, FORTY- FIFTH DIVISION AVIATION, COLORADO NATIONAL GUARD, FOR THE PERIOD FROM JUNE 1, 1935, TO AUGUST 31, 1935, CONSTITUTING THE CLAIMS OF MASTER SGT. RONALD A. COSTETTER FOR $6.30, FIRST SGT. MAURICE M. EMPEY FOR $4.20, STAFF SGT. JOSEPH A. FIORI FOR $3.60, STAFF SGT. WILLIAM E. SAUNDERS FOR $3.60, AND STAFF SGT. ROY E. ANDERSON FOR $3.60, COVERING 50 PERCENTUM ADDITIONAL PAY FOR FLYING BASED ON THE AMOUNT OF ARMORY DRILL PAY TO WHICH THEY WERE ENTITLED FOR AUTHORIZED DRILLS ATTENDED JUNE 2, 4, AND 30, 1935, BY REASON OF HAVING MET THE FLIGHT REQUIREMENTS FOR THE FRACTIONS OF THE MONTH THEY WERE IN AN ARMORY DRILL PAY STATUS FROM JUNE 1 TO 7 AND 23 TO 30, 1935, THE PAY ROLL SHOWING THAT THEY DREW FEDERAL PAY FOR FIELD TRAINING FROM JUNE 8 TO 22, 1935, AND REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON.

IT APPEARS THE FLYING PAY WAS CLAIMED ON THE ORIGINAL ROLL OF THE ORGANIZATION (VOUCHER NO. 1352, SEPTEMBER 1935, ACCOUNTS OF MAJOR COMEGYS) BUT WAS NOT PAID AS THE FLIGHTS SHOWN DID NOT MEET THE REQUIREMENTS FOR THE ENTIRE MONTH.

SECTION 20, ACT OF JUNE 10, 1922 (42 STAT. 632), AS AMENDED BY SECTION 6, ACT OF JULY 2, 1926 (44 STAT. 782), PROVIDES:

* * * THAT WHEN OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD ARE ENTITLED TO ARMORY-DRILL PAY, THE INCREASE OF 50 PERCENTUM THEREOF HEREIN PROVIDED SHALL BE BASED ON THE ENTIRE AMOUNT OF SUCH ARMORY DRILL PAY TO WHICH THEY SHALL BE ENTITLED FOR A CALENDAR MONTH OR FRACTIONAL PART THEREOF, AND THE REQUIRED AERIAL FLIGHTS MAY BE MADE AT ORDERED DRILLS OF AN AIR SERVICE ORGANIZATION, OR AT OTHER TIMES WHEN SO AUTHORIZED BY THE PRESIDENT * * *.

THE EXECUTIVE ORDER NO. 4833, PROMULGATED MARCH 19, 1928, PURSUANT TO THIS ACT, PROVIDES IN PARAGRAPH 11, AS FOLLOWS:

FOR EACH OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE NATIONAL GUARD WHO IS IN AN ARMORY-DRILL PAY STATUS AND WHO IS REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS THE FOLLOWING REQUIREMENTS ARE PRESCRIBED:

(A) DURING ONE CALENDAR MONTH OF ANY QUARTERLY PERIOD.--- 4 AERIAL FLIGHTS TOTALING AT LEAST 72 MINUTES, OR BE IN THE AIR IN LIEU THEREOF A TOTAL OF 96 MINUTES.

(E) FOR FRACTIONS OF A CALENDAR MONTH, THE NUMBER OF AERIAL FLIGHTS AND THE TIME IN THE AIR REQUIRED SHALL BEAR THE SAME RATIO TO THE NUMBER OF FLIGHTS AND THE TIME IN THE AIR REQUIRED FOR A FULL CALENDAR MONTH AS THE PERIOD IN QUESTION BEARS TO THE ENTIRE MONTH.

PARAGRAPH 6B, NATIONAL GUARD REGULATIONS 58, DEFINES ARMORY-DRILL PAY STATUS, AS FOLLOWS:

A FEDERALLY RECOGNIZED OFFICER, WARRANT OFFICER, OR ENLISTED MAN IS IN AN ARMORY-DRILL PAY STATUS, EXCEPT WHEN (1) HE IS ENTITLED TO FEDERAL PAY FOR OTHER FORMS OF TRAINING PRESCRIBED IN N.G.R. 45; (2) WHEN HE IS ON AUTHORIZED LEAVE OF ABSENCE OR FURLOUGH; OR (3) WHEN HE IS ABSENT WITHOUT LEAVE FROM HIS HOME STATION.

IT IS STATED THESE CLAIMANTS PARTICIPATED IN AUTHORIZED FIELD TRAINING, PRESCRIBED IN N.G.R. 45, FROM JUNE 8 TO 22, 1935, AND, WERE ACCORDINGLY IN AN ARMORY-DRILL PAY STATUS ONLY FROM JUNE 1 TO 7 AND 22 TO 30, 1935, OR FOR A PERIOD OF 15 DAYS DURING SUCH MONTH. THE FLIGHT REQUIREMENTS, UNDER PARAGRAPH 11A AND E FOR A PERIOD OF 15 DAYS ARMORY DRILL PAY STATUS, ARE TWO FLIGHTS TOTALING 36 MINUTES, OR IN LIEU THEREOF TO BE IN THE AIR A TOTAL OF 48 MINUTES. IT APPEARS THAT EACH OF THESE CLAIMANTS WHILE IN A DRILL-PAY STATUS, HAS PERFORMED FLIGHTS IN EXCESS OF THIS MINIMUM REQUIREMENT DURING THE MONTH OF JUNE 1935, ENTITLING THEM TO ADDITIONAL PAY FOR FLYING FOR THE AUTHORIZED DRILLS ATTENDED BY THEM.