A-79475, OCTOBER 26, 1936, 16 COMP. GEN. 433

A-79475: Oct 26, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DRILL PAY - NATIONAL GUARD - WITHHOLDING IN LIQUIDATION OF STATE OPERATED POST EXCHANGE DEBTS THERE IS NO AUTHORITY FOR THE STOPPAGE OF ANY PART OF ARMORY DRILL PAY EARNED UNDER THE PROVISIONS OF SECTIONS 109 AND 110 OF THE NATIONAL DEFENSE ACT. REMARKS THEREON ARE TO THE EFFECT THAT HE WAS NOT PAID ON THE ORIGINAL PAY ROLL OF THE ORGANIZATION (VOUCHER NO. 1289 OF YOUR NOVEMBER 1935 ACCOUNTS). THE SUPPLEMENTAL VOUCHER IS STATED IN THE NET AMOUNT OF $3.10. STANDARD FORM 1055 INDICATES THAT FUNERAL EXPENSES HAVE NOT BEEN PAID. THE CLAIM OF THE PARENTS IS ACCOMPANIED BY A WAIVER EXECUTED BY THE UNDERTAKER OF ALL CLAIM AGAINST THE UNITED STATES FOR BURIAL EXPENSES. THE FACE OF THE SUPPLEMENTAL VOUCHER APPEARS TO HAVE BEEN PREPARED TO LIQUIDATE THE ACCOUNT BY DRAWING A CHECK FOR $3.10 IN FAVOR OF THE PARENTS OF THE DECEASED SOLDIER AND PAYING THE BALANCE.

A-79475, OCTOBER 26, 1936, 16 COMP. GEN. 433

DRILL PAY - NATIONAL GUARD - WITHHOLDING IN LIQUIDATION OF STATE OPERATED POST EXCHANGE DEBTS THERE IS NO AUTHORITY FOR THE STOPPAGE OF ANY PART OF ARMORY DRILL PAY EARNED UNDER THE PROVISIONS OF SECTIONS 109 AND 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR THE PURPOSE OF LIQUIDATING A DEBT ALLEGED TO BE DUE A POST EXCHANGE OPERATED BY A STATE OR BY AN AGENCY OF THE STATE.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. H. G. FOSTER, UNITED STATES ARMY, OCTOBER 26, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE YOUR LETTER OF JULY 23, 1936, TRANSMITTING SUPPLEMENTAL ARMORY DRILL PAY ROLL OF HEADQUARTERS COMPANY, FIRST BATTALION, ONE HUNDRED AND SIXTIETH INFANTRY, CALIFORNIA NATIONAL GUARD, AUGUST 1 TO OCTOBER 31, 1935, COVERING THE CLAIMS OF EUGENE SPOFFORD AND MRS. PHOEBE GROVER, FATHER AND MOTHER, RESPECTIVELY, FOR $12.60, REPRESENTING ARMORY DRILL PAY EARNED BY SGT. CHARLES S. SPOFFORD PRIOR TO HIS DEATH, SEPTEMBER 29, 1935.

THE SUPPLEMENTAL PAY ROLL CONTAINS ENTRIES IN APPROPRIATE COLUMNS THAT THE ENLISTED MAN ATTENDED SEVEN AUTHORIZED DRILLS DURING AUGUST AND PART OF SEPTEMBER 1935, AND REMARKS THEREON ARE TO THE EFFECT THAT HE WAS NOT PAID ON THE ORIGINAL PAY ROLL OF THE ORGANIZATION (VOUCHER NO. 1289 OF YOUR NOVEMBER 1935 ACCOUNTS), THE SOLDIER HAVING DIED PRIOR TO PAYMENT. THE SUPPLEMENTAL VOUCHER IS STATED IN THE NET AMOUNT OF $3.10, THERE APPEARING IN COLUMN 14 A DEBIT ITEM OF $9.50 REPRESENTED AS DUE THE POST EXCHANGE OF THE ONE HUNDRED AND SIXTIETH INFANTRY. STANDARD FORM 1055 INDICATES THAT FUNERAL EXPENSES HAVE NOT BEEN PAID, BUT THE CLAIM OF THE PARENTS IS ACCOMPANIED BY A WAIVER EXECUTED BY THE UNDERTAKER OF ALL CLAIM AGAINST THE UNITED STATES FOR BURIAL EXPENSES. THE FACE OF THE SUPPLEMENTAL VOUCHER APPEARS TO HAVE BEEN PREPARED TO LIQUIDATE THE ACCOUNT BY DRAWING A CHECK FOR $3.10 IN FAVOR OF THE PARENTS OF THE DECEASED SOLDIER AND PAYING THE BALANCE, $9.50, TO THE POST EXCHANGE.

IN RESPONSE TO A REQUEST THAT THIS OFFICE BE FURNISHED DETAILS OF THIS ALLEGED INDEBTEDNESS OF THE SOLDIER TO THE POST EXCHANGE OF THE ONE HUNDRED AND SIXTIETH INFANTRY, CALIFORNIA NATIONAL GUARD, AND FOR CITATION TO THE AUTHORITY FOR COLLECTING AN APPARENT DEBT DUE FROM THE SOLDIER TO OFFSET AGAINST AN AMOUNT OTHERWISE DUE HIM OR HIS HEIRS AS ARMORY DRILL PAY, THE REGIMENTAL COMMANDER BY FOURTH ENDORSEMENT, DATED SEPTEMBER 10, 1936, STATED:

1. THIS REGIMENT MAINTAINS A POST EXCHANGE FOR THE CONVENIENCE OF THE OFFICERS AND ENLISTED MEN OF THE REGIMENT, AND THE RECORDS SHOW THAT THE FOLLOWING ARTICLES WERE PURCHASED BY SGT. CHARLES S. SPOFFORD PRIOR TO HIS DEATH, SEE PAR. 41-C, AR 210-65.

CHART 2 SAN TAN SHIRTS, AT $1.50 EACH ----------------------------- - $3.00 6 PE COUPON BOOKS, AT $1 EACH -------------------------------- 6.00 1 SOLDIERS HANDBOOK, AT $0.50 EACH ---------------------------- .50

TOTAL -------------------------------------------------- 9.50

2. HOWEVER, THE COMMANDING OFFICER OF HQ.CO. 1ST BN, 160TH INFANTRY, INFORMS THAT THE MEMBERS OF HIS ORGANIZATION HAVE EXPRESSED THEIR WILLINGNESS TO PAY THIS AMOUNT BY SUBSCRIPTION, AS THEY KNOW THAT MR. EUGENE SPOFFORD IS IN VERY POOR CIRCUMSTANCES FINANCIALLY AND IS BADLY IN NEED OF THE AMOUNT, WHICH CAN BE PAID TO HIM.

3. IT IS REQUESTED THAT WHEN PAYMENT IS MADE THAT THE CHECK BE MAILED IN CARE OF THIS OFFICE TO INSURE ITS PROMPT DELIVERY TO HIM.

THE PROVISIONS OF THE ARMY REGULATIONS CITED IN THE INDORSEMENT PERTAIN TO POST EXCHANGES OPERATED AND MAINTAINED BY ORGANIZATIONS OF THE UNITED STATES ARMY WHICH HAVE BEEN HELD TO BE INSTRUMENTALITIES OF THE GOVERNMENT AND ARE NO AUTHORITY FOR WITHHOLDING ARMORY DRILL PAY EARNED BY MEMBERS OF THE NATIONAL GUARD WHILE TRAINING IN THEIR STATUS AS PART OF THE NATIONAL GUARD OF A STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA. SECTIONS 109 AND 110 OF THE NATIONAL DEFENSE ACT AS AMENDED, TITLE 32, U.S.C. SECTIONS 143 AND 154, PROVIDE ARMORY DRILL PAY FOR OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD UNDER CONDITIONS AND LIMITATIONS THEREIN SPECIFIED AND SUCH PAY WHEN EARNED IS TO BE PAID QUARTERLY AS PROVIDED IN THE SECOND PARAGRAPH OF SECTION 110 OF THE ACT AND REGULATIONS ISSUED PURSUANT THERETO. THIS SECTION EXPRESSLY PROVIDES FOR STOPPAGES AGAINST COMPENSATION PAYABLE TO ANY OFFICER OR ENLISTED MAN TO COVER THE COST OF PUBLIC PROPERTY LOST OR DESTROYED BY AND CHARGEABLE TO SUCH OFFICER OR ENLISTED MAN, AS TO WHICH SEE 1 COMP. GEN. 471; ID. 749, AND NATIONAL GUARD REGULATIONS 75 7, BUT THERE APPEARS NO AUTHORITY, EXPRESS OR BY IMPLICATION, FOR STOPPING ANY PART OF THE ARMORY DRILL PAY EARNED UNDER THE PROVISIONS OF SECTIONS 109 AND 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR PAYMENT TO A STATE-OPERATED POST EXCHANGE.

PARAGRAPH 8, NGR 59, DATED FEBRUARY 4, 1932, PROVIDES:

COLLECTIONS AND STOPPAGES ON ACCOUNT OF LOST, DAMAGED, OR DESTROYED FEDERAL PROPERTY--- A. COLLECTIONS.--- COLLECTIONS WILL BE ENTERED ON PAY ROLLS AND PAY VOUCHERS AS PROVIDED IN PARAGRAPH 20, NGR 75-7.

B. STOPPAGES.--- STOPPAGES WILL BE ENTERED ON PAY ROLLS AND PAY VOUCHERS ONLY UNDER A STATEMENT OF CHARGES IN ACCORDANCE WITH PARAGRAPH 20, NGR 75- 7.

THE SPECIFIC PROVISION FOR COLLECTING AMOUNTS DUE FROM OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD TO THE UNITED STATES FOR LOST AND DESTROYED PROPERTY LOANED BY THE FEDERAL GOVERNMENT TO THE STATES HAS FOR ITS PURPOSE THE PROTECTION OF THE UNITED STATES; IT IS EXCLUSIVE AND CLEARLY CANNOT BE INTERPRETED AS PERMITTING THE WITHHOLDING OF THEIR ARMORY DRILL PAY FOR THE PURPOSE OF DISCHARGING OR LIQUIDATING A DEBT ALLEGED TO BE DUE A POST EXCHANGE OPERATED BY A STATE OR BY AN AGENCY OF THE STATE; NO MORE AUTHORITY EXISTS FOR SUCH STOPPAGE OF THEIR ARMORY DRILL PAY THAN EXISTS TO COLLECT OR LIQUIDATE A DEBT ALLEGEDLY DUE FROM THEM TO A PRIVATE INDIVIDUAL.

THE STOPPAGE ENTRY APPEARING ON THE SUPPLEMENTAL VOUCHER IS OF NO FORCE OR EFFECT; THE AMOUNT DUE THE DECEASED ENLISTED MAN FOR ARMORY DRILL PAY MAY NOT BE ATTACHED IN THE MANNER ATTEMPTED; THE DEBIT ENTRY APPEARING IN COLUMN 14 SHOULD BE IGNORED AND IF OTHERWISE CORRECT YOU ARE AUTHORIZED TO PAY THE SUPPLEMENT VOUCHER, WHICH IS RETURNED, IN THE SUM OF $12.60 EQUALLY BETWEEN THE PARENTS OF THE DECEASED ENLISTED MAN.