A-7652, MAY 15, 1925, 4 COMP. GEN. 956

A-7652: May 15, 1925

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WHICH DETACHMENT WAS FEDERALLY RECOGNIZED AS A UNIT AND WAS INTENDED TO OPERATE EN MASSE. IS ENTITLED TO THE $240 A YEAR PAYABLE TO CAPTAINS COMMANDING ORGANIZATIONS IN ADDITION TO DRILL PAY. 2 COMP. IT APPEARS THAT DURING THE PERIOD IN QUESTION CAPTAIN O-CONNELL WAS SERVING AS OFFICER IN COMMAND OF HEADQUARTERS DETACHMENT. FOR WHICH SERVICE HE WAS PAID ONE-THIRTIETH OF THE BASE PAY OF HIS GRADE FOR EACH OF 14 DRILLS ATTENDED BY HIM DURING THE QUARTER AS AN OFFICER BELONGING TO AN ORGANIZATION. CAPTAINS COMMANDING ORGANIZATIONS WERE AUTHORIZED TO RECEIVE $240 A YEAR IN ADDITION TO SUCH DRILL PAY. CAPTAIN O-CONNELL WAS A MEMBER OF THE ORGANIZATION TO WHICH HE WAS ASSIGNED AS COMMANDING OFFICER.

A-7652, MAY 15, 1925, 4 COMP. GEN. 956

NATIONAL GUARD PAY - CAPTAINS COMMANDING ORGANIZATIONS A CAPTAIN OF THE NATIONAL GUARD ASSIGNED TO COMMAND A HEADQUARTERS DETACHMENT OF A MEDICAL REGIMENT, WHICH DETACHMENT WAS FEDERALLY RECOGNIZED AS A UNIT AND WAS INTENDED TO OPERATE EN MASSE, EXERCISES THE COMMAND OF AN ORGANIZATION WITHIN THE MEANING OF SECTION 109 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY SECTION 47 OF THE ACT OF JUNE 4, 1920, 41 STAT. 783, AND IS ENTITLED TO THE $240 A YEAR PAYABLE TO CAPTAINS COMMANDING ORGANIZATIONS IN ADDITION TO DRILL PAY. 2 COMP. GEN. 795 DISTINGUISHED.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 15, 1925:

COL. R. S. OFFLEY, FINANCE DEPARTMENT, UNITED STATES ARMY, REQUESTED DECEMBER 11, 1924, REVIEW OF SETTLEMENT NO. M-8762-W, DATED JULY 23, 1924, DISALLOWING CREDIT IN HIS ACCOUNTS FOR $73.33 OF THE AMOUNT PAID TO CAPT. RICHARD O-CONNELL, MEDICAL CORPS, MARYLAND NATIONAL GUARD, FOR THE QUARTER ENDED DECEMBER 31, 1923.

IT APPEARS THAT DURING THE PERIOD IN QUESTION CAPTAIN O-CONNELL WAS SERVING AS OFFICER IN COMMAND OF HEADQUARTERS DETACHMENT, ONE HUNDRED AND FOURTH MEDICAL REGIMENT, MARYLAND NATIONAL GUARD, FOR WHICH SERVICE HE WAS PAID ONE-THIRTIETH OF THE BASE PAY OF HIS GRADE FOR EACH OF 14 DRILLS ATTENDED BY HIM DURING THE QUARTER AS AN OFFICER BELONGING TO AN ORGANIZATION, IN THE AMOUNT OF $93.33, AND IN ADDITION THERETO $60 AS CAPTAIN COMMANDING AN ORGANIZATION.

SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 47 OF THE ACT OF JUNE 4, 1920, 41 STAT. 783, IN EFFECT DURING THE PERIOD IN QUESTION, PROVIDED FOR PAYMENT TO CAPTAINS BELONGING TO ORGANIZATIONS OF THE NATIONAL GUARD AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES AS PRESCRIBED FOR THE REGULAR ARMY FOR EACH REGULAR DRILL OR OTHER PERIOD OF INSTRUCTION AUTHORIZED BY THE SECRETARY OF WAR, 50 PERCENT OF THE COMMISSIONED STRENGTH AND 60 PERCENT OF THE ENLISTED STRENGTH BEING REQUIRED TO BE PRESENT AT EACH DRILL, AND CAPTAINS COMMANDING ORGANIZATIONS WERE AUTHORIZED TO RECEIVE $240 A YEAR IN ADDITION TO SUCH DRILL PAY.

CAPTAIN O-CONNELL WAS A MEMBER OF THE ORGANIZATION TO WHICH HE WAS ASSIGNED AS COMMANDING OFFICER. THE ENLISTED MEN AUTHORIZED BY TABLES OF ORGANIZATION FOR ASSIGNMENT TO THE REGIMENTAL HEADQUARTERS WERE NECESSARILY ASSIGNED TO A SEPARATE ORGANIZATION AND WITH CAPTAIN O CONNELL WERE FEDERALLY RECOGNIZED AS THE HEADQUARTERS DETACHMENT, ONE HUNDRED AND FOURTH MEDICAL REGIMENT, MARYLAND NATIONAL GUARD, MAY 11, 1923. IT WOULD APPEAR THAT THIS FEDERALLY RECOGNIZED UNIT WAS INTENDED TO OPERATE EN MASSE AND THAT THE COMMAND WAS THAT OF AN ORGANIZATION WITHIN THE MEANING OF THE ACT CITED, DIFFERING IN THIS RESPECT FROM THE MEDICAL DETACHMENT ATTACHED TO A COMBATANT REGIMENT, CONSIDERED IN 2 COMP. GEN. 795. CAPTAIN O-CONNELL WAS ACCORDINGLY ENTITLED TO PAY AS RECEIVED BY HIM.

UPON REVIEW THE SETTLEMENT IS REVERSED AND $73.33 THEREIN DISALLOWED IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF COLONEL OFFLEY.