A-7858, APRIL 21, 1925, 4 COMP. GEN. 882

A-7858: Apr 21, 1925

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DOES NOT ENTITLE SUCH OFFICER TO DRILL PAY PRIOR TO THE TIME HE IS TRANSFERRED TO A PROPER ORGANIZATION OF THE GUARD FEDERALLY RECOGNIZED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A SUPPLEMENTAL ROLL TRANSMITTED THEREWITH OF THE STAFF. THAT HE WAS FEDERALLY RECOGNIZED BY THE WAR DEPARTMENT FROM THAT DATE AS MAJOR. THAT HE WAS ATTACHED TO THE FIELD AND STAFF. HE WAS TRANSFERRED THERETO. WAS ATTACHED TO SUCH ORGANIZATION DURING THE REMAINDER OF THE PERIOD IN QUESTION. THE NATIONAL GUARD IS REQUIRED TO BE ORGANIZED AS IS THE REGULAR ARMY. THE MEDICAL CORPS THEREOF IS A STAFF CORPS AND EXCEPT AS PROVIDED IN THE ACT OF MAY 12. WAS FEDERALLY RECOGNIZED NOVEMBER 1. IT IS STATED THAT THE REGIMENTAL STAFF RECEIVED SUCH RECOGNITION DECEMBER 6.

A-7858, APRIL 21, 1925, 4 COMP. GEN. 882

OFFICERS OF THE NATIONAL GUARD - DRILL PAY THE ATTACHMENT OF A FEDERALLY RECOGNIZED MAJOR OF THE NATIONAL GUARD TO A FEDERALLY RECOGNIZED UNIT OR ORGANIZATION NOT ENTITLED TO AN OFFICER OF THAT RANK UNDER THE TABLES OF ORGANIZATION, DOES NOT ENTITLE SUCH OFFICER TO DRILL PAY PRIOR TO THE TIME HE IS TRANSFERRED TO A PROPER ORGANIZATION OF THE GUARD FEDERALLY RECOGNIZED.

COMPTROLLER GENERAL MCCARL TO CAPT. L. P. WORRALL, FINANCE DEPARTMENT, UNITED STATES ARMY, APRIL 21, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 30, 1925, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A SUPPLEMENTAL ROLL TRANSMITTED THEREWITH OF THE STAFF, ONE HUNDRED AND EIGHTY-SECOND FIELD ARTILLERY, MICHIGAN NATIONAL GUARD, CONSTITUTING THE CLAIM OF MAJ. ORLANDO W. PICKARD, MICHIGAN NATIONAL GUARD, FOR 180/360 OF $500, MAJOR'S ANNUAL ALLOWANCE, DURING THE PERIOD FROM OCTOBER 1, 1922, TO MARCH 31, 1923.

IT APPEARS FROM THE ROLL THAT THIS OFFICER QUALIFIED APRIL 15, 1922, AND THAT HE WAS FEDERALLY RECOGNIZED BY THE WAR DEPARTMENT FROM THAT DATE AS MAJOR, MEDICAL CORPS, MICHIGAN NATIONAL GUARD; THAT HE WAS ATTACHED TO THE FIELD AND STAFF, FIRST BATTALION, ONE HUNDRED AND EIGHTY-SECOND FIELD ARTILLERY, MICHIGAN NATIONAL GUARD, FROM OCTOBER 1 TO DECEMBER 5, 1922, AND UPON FEDERAL RECOGNITION OF THE REGIMENTAL STAFF, DECEMBER 6, 1922, HE WAS TRANSFERRED THERETO, AND WAS ATTACHED TO SUCH ORGANIZATION DURING THE REMAINDER OF THE PERIOD IN QUESTION.

THE NATIONAL GUARD IS REQUIRED TO BE ORGANIZED AS IS THE REGULAR ARMY, SECTION 60, ACT OF JUNE 3, 1916, 39 STAT. 197. THE MEDICAL CORPS THEREOF IS A STAFF CORPS AND EXCEPT AS PROVIDED IN THE ACT OF MAY 12, 1917, 40 STAT. 68, AND REGULATIONS PROMULGATED THEREUNDER, TO BE ENTITLED TO ARMORY DRILL PAY ITS MEMBERS MUST BE INCLUDED IN FEDERALLY RECOGNIZED UNITS OR ORGANIZATIONS OF THE NATIONAL GUARD IN CONFORMITY WITH TABLES OF ORGANIZATION. 2 COMP. GEN. 201. PAR. 124, NATIONAL GUARD REGULATIONS, 1922.

THE MILITIA BUREAU HAS INFORMALLY ADVISED THIS OFFICE THAT THE FIELD AND STAFF, FIRST BATTALION, ONE HUNDRED AND EIGHTY-SECOND FIELD ARTILLERY, MICHIGAN NATIONAL GUARD, WAS FEDERALLY RECOGNIZED NOVEMBER 1, 1922, AND IT IS STATED THAT THE REGIMENTAL STAFF RECEIVED SUCH RECOGNITION DECEMBER 6, 1922. IT WOULD APPEAR FROM TABLES OR ORGANIZATION, 133-P, THAT A REGIMENT, 155-MILLIMETER HOWITZERS, IS ENTITLED TO HAVE ATTACHED ONE MAJOR, MEDICAL DEPARTMENT, AND FOUR CAPTAINS OR LIEUTENANTS, MEDICAL DEPARTMENT. IT IS OBVIOUS THAT THE BATTALION WHICH IS A COMPONENT OF THE REGIMENT WOULD NOT BE ENTITLED TO HAVE ASSIGNED TO IT A MAJOR, AND PAY AS MAJOR WHILE ATTACHED TO A BATTALION PRIOR TO FEDERAL REORGANIZATION OF THE REGIMENTAL STAFF IS NOT AUTHORIZED.

IT IS CERTIFIED ON THE VOUCHER THAT THIS OFFICER WAS ENGAGED DURING THE PERIOD COVERED BY THIS ROLL IN VARIOUS DUTIES ASSIGNED TO HIM BY THE REGIMENTAL COMMANDER AND IN STUDY, THE TOTAL BEING MORE THAN EQUIVALENT TO ONE AND ONE-HALF HOURS FOR EACH OF THE DRILLS FOR WHICH PAY IS CLAIMED. IF SUCH SERVICE IS ADMINISTRATIVELY CONSIDERED TO BE THE SATISFACTORY PERFORMANCE OF HIS DUTY UNDER THE PROVISIONS OF SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 783, AND THE REGULATIONS OF THE SECRETARY OF WAR ISSUED PURSUANT THERETO, HE IS ENTITLED TO PAY DURING THE PERIOD FROM DECEMBER 6, 1922, TO MARCH 31, 1923, AS PROVIDED BY SUCH ACT.

IF THEREFORE, THE PAY ROLL IS OTHERWISE CORRECT, YOU ARE AUTHORIZED TO PAY IT FOR THE PERIOD FROM DECEMBER 6, 1922, TO MARCH 31, 1923.