A-68205, JANUARY 15, 1936, 15 COMP. GEN. 609

A-68205: Jan 15, 1936

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PAY - NATIONAL GUARD ENLISTED MEN - FURLOUGH DURING FIELD TRAINING ENLISTED MEN OF THE NATIONAL GUARD WHILE IN FIELD TRAINING ARE NOT ENTITLED TO PAY FOR THE FIRST DAY OF FURLOUGH FROM DUTY. THIS SOLDIER WAS PAID 5 DAYS' PAY AS SERGEANT. THE REMARKS THEREON SHOWING HE WAS ABSENT WITH LEAVE AUGUST 9 TO AUGUST 18. THE REMARKS IN THE BODY OF THE SUPPLEMENTAL PAY ROLL IN THE FORM OF A CERTIFICATE FROM THE COMMANDING OFFICER ARE TO THE EFFECT THAT THE SOLDIER WAS GRANTED FURLOUGH AT 6 P.M. AUGUST 11 AND THAT THE MAN WAS ON DUTY AT CAMP GRANT. IT IS PROPOSED TO PAY THE SOLDIER A TOTAL OF 13 DAYS' PAY. ENLISTED MEN OF THE NATIONAL GUARD WHILE ENGAGED IN FIELD TRAINING ARE ENTITLED TO THE SAME PAY AS ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY.

A-68205, JANUARY 15, 1936, 15 COMP. GEN. 609

PAY - NATIONAL GUARD ENLISTED MEN - FURLOUGH DURING FIELD TRAINING ENLISTED MEN OF THE NATIONAL GUARD WHILE IN FIELD TRAINING ARE NOT ENTITLED TO PAY FOR THE FIRST DAY OF FURLOUGH FROM DUTY.

COMPTROLLER GENERAL MCCARL TO LT. COL. RICHARD SWANSON, UNITED STATES PROPERTY AND DISBURSING OFFICER, JANUARY 15, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF, NATIONAL GUARD BUREAU, YOUR LETTER OF NOVEMBER 19, 1935, TRANSMITTING SUPPLEMENTAL FIELD TRAINING PAY ROLL OF COMPANY K, ONE HUNDRED AND THIRTIETH INFANTRY, THIRD BATTALION, ILLINOIS NATIONAL GUARD, AUGUST 4 TO AUGUST 18, 1935, COVERING THE CLAIM OF SGT. CHARLES J. HENDRICKS FOR 8 DAYS' PAY WHILE ATTENDING ENCAMPMENT AT CAMP GRANT, ILL., AUGUST 11 TO AUGUST 18, INCLUSIVE.

THIS SOLDIER WAS PAID 5 DAYS' PAY AS SERGEANT, GRADE IV, ON THE ORIGINAL FIELD TRAINING PAY ROLL OF THE ORGANIZATION, VOUCHER NO. 572, OF YOUR AUGUST 1935 ACCOUNTS (AUG. 4 TO 8, INCLUSIVE), THE REMARKS THEREON SHOWING HE WAS ABSENT WITH LEAVE AUGUST 9 TO AUGUST 18, INCLUSIVE. THE REMARKS BESIDE THE NAME OF THE SOLDIER ON THE SUPPLEMENTAL PAY ROLL SHOW--- "FR. DUTY TO FURLOUGH 6:00 P.M. AUG. 8, 1935, FR. FURLOUGH TO DUTY 6:00 A.M.AUG. 11, 1935.'

THE REMARKS IN THE BODY OF THE SUPPLEMENTAL PAY ROLL IN THE FORM OF A CERTIFICATE FROM THE COMMANDING OFFICER ARE TO THE EFFECT THAT THE SOLDIER WAS GRANTED FURLOUGH AT 6 P.M. AUGUST 8 BY THE ADJUTANT GENERAL OF THE STATE OF ILLINOIS; THAT HE RETURNED TO DUTY 6 P.M. AUGUST 11; THAT THE MORNING REPORTS OF THE ORGANIZATION CONTAIN ENTRIES SHOWING ABSENCE ON FURLOUGH FROM 6 P.M. AUGUST 8 TO 6 P.M. AUGUST 11 AND THAT THE MAN WAS ON DUTY AT CAMP GRANT, ILL., WITH HIS ORGANIZATION FROM 6 P.M. AUGUST 11 TO THE END OF THE ENCAMPMENT AUGUST 18, 1935.

IT IS PROPOSED TO PAY THE SOLDIER A TOTAL OF 13 DAYS' PAY, 5 DAYS FOR THE PERIOD AUGUST 4 TO 8, INCLUSIVE, AND 8 DAYS FOR THE PERIOD AUGUST 11 TO 18, INCLUSIVE, NOTWITHSTANDING ABSENCE ON FURLOUGH FOR THE 3-DAY PERIOD FROM 6 P.M. AUGUST 8 TO 6 P.M. AUGUST 11, 1935.

UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, ENLISTED MEN OF THE NATIONAL GUARD WHILE ENGAGED IN FIELD TRAINING ARE ENTITLED TO THE SAME PAY AS ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY.

PARAGRAPH 1 (E) (4), ARMY REGULATIONS, 615-275, DATED JUNE 15, 1935, PROVIDES:

THE DAY ON WHICH A SOLDIER AVAILS HIMSELF OF FURLOUGH PRIVILEGE IS A DAY OF ABSENCE AND THE DAY OF RETURN A DAY OF DUTY, WHATEVER THE HOUR * * *.

UNDER THE CLEAR PROVISION OF THE QUOTED REGULATIONS THE SOLDIER WAS NOT ENTITLED TO PAY FOR AUGUST 8, 1935, THE FIRST DAY OF FURLOUGH, AND THE PAYMENT MADE ON THE ORIGINAL PAY ROLL FOR THIS DAY WAS ERRONEOUS, IRRESPECTIVE OF THE HOUR OF DEPARTURE. HE WAS ENTITLED TO PAY FOR THE DAY OF RETURN FROM FURLOUGH TO DUTY AUGUST 11, 1935, AND THEREAFTER TO THE END OF THE ENCAMPMENT. PAYMENT IS ACCORDINGLY AUTHORIZED ON THE SUPPLEMENTAL VOUCHER AFTER PROPER ADJUSTMENT HAS BEEN MADE INCIDENT TO THE EXCESS PAYMENT MADE FOR AUGUST 8, 1935, ON YOUR VOUCHER NO. 572.