A-7968, JULY 9, 1925, 5 COMP. GEN. 12

A-7968: Jul 9, 1925

Additional Materials:

Contact:

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

 

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

NATIONAL GUARD PAY - CAMPS OF INSTRUCTION WHERE A DETACHMENT OF A NATIONAL GUARD ORGANIZATION IS. THE MEMBERS OF SUCH DETACHMENT ARE ENTITLED TO THE PAY PROVIDED BY THE SECTION AS INDIVIDUAL TRAINING IRRESPECTIVE OF THE PERCENTAGE OF MEMBERS OF THE ORGANIZATION PRESENT. WILL ENTRAIN FROM THEIR HOME STATIONS ON JUNE 7TH. THE TROOPS WILL RETURN TO THEIR HOME STATION. THE ADJUTANT GENERAL OF ARIZONA SENT A TELEGRAM TO THE MILITIA BUREAU AS FOLLOWS: STATE SURGEON JUST RETURNED FROM SACATON WHERE EPIDEMIC OF MEASLES HAS BROKEN OUT AND WILL BE IMPOSSIBLE TAKE ANY MEMBERS OF COMPANY FROM THAT POINT TO CAMP STOP BETWEEN TWELVE AND FIFTEEN MEN AND TWO OFFICERS READY TO GO COMPANY D. ONE HUNDRED FIFTY-EIGHTH INFANTRY FROM CASAGRANDE STOP REQUEST REGULATION BE WAIVED IN THIS CASE FOR ATTENDANCE CAMP OF INSTRUCTIONS STOP THIS ORGANIZATION HAD SIXTY-FIVE MEN IN CAMP LAST YEAR AND HAS SIXTY-FIVE THIS YEAR READY TO GO STOP ORGANIZATION ALWAYS QUALIFIES WITH SIXTY PERCENT OR BETTER OF STRENGTH PRESENT AT ARMORY DRILL AND ALWAYS QUALIFIED AT CAMP STOP ADVANCE DETAIL THIS COMPANY ALREADY IN CAMP STOP GOOD INSTRUCTION PROGRAM HAS BEEN PREPARED AND OFFICERS AND MEN ABLE TO GO WHO HAVE NOT BEEN EXPOSED SHOULD HAVE THIS INSTRUCTION SINCE FAILURE TO ATTEND CAMP IS THROUGH NO FAULT WHATEVER OF OFFICERS OR ENLISTED MEN OF ORGANIZATION AND ENLISTED MEN HAVE ALREADY ARRANGED FOR VACATION PERIOD.

A-7968, JULY 9, 1925, 5 COMP. GEN. 12

NATIONAL GUARD PAY - CAMPS OF INSTRUCTION WHERE A DETACHMENT OF A NATIONAL GUARD ORGANIZATION IS, BY SPECIFIC ORDER OF THE WAR DEPARTMENT ISSUED IN ADVANCE, AUTHORIZED TO ATTEND A CAMP OF INSTRUCTION HELD UNDER THE PROVISIONS OF SECTION 97 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 207, THE MEMBERS OF SUCH DETACHMENT ARE ENTITLED TO THE PAY PROVIDED BY THE SECTION AS INDIVIDUAL TRAINING IRRESPECTIVE OF THE PERCENTAGE OF MEMBERS OF THE ORGANIZATION PRESENT.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 9, 1925:

COL. CHARLES W. HARRIS, ARIZONA NATIONAL GUARD, UNITED STATES PROPERTY AND DISBURSING OFFICER, APPLIED FOR REVIEW OF SETTLEMENT NO. M-10569-W, DATED DECEMBER 11, 1924, DISALLOWING $323.24, THE AMOUNT PAID TO CAPT M. C. WINDSOR AND FIRST LIEUT. JESSE B. HILL, COMPANY D, ONE HUNDRED AND FIFTY-EIGHTH INFANTRY, ARIZONA NATIONAL GUARD, FOR PAY AND ALLOWANCES WHILE ATTENDING A CAMP OF INSTRUCTION JUNE 7 TO 23, 1924, AS PER VOUCHER 147 OF HIS ACCOUNTS FOR JUNE, 1924. SPECIAL ORDER NO. 53, MILITARY DEPARTMENT, STATE OF ARIZONA, MAY 27, 1924, DIRECTED:

PAR. 1. UNDER ORDERS OF THE SECRETARY OF WAR AS PROVIDED IN SEC. 97, NATIONAL DEFENSE ACT, AS AMENDED, AND PARAGRAPHS 467 TO 468 NATIONAL GUARD REGULATIONS, 1922. THE ADJUTANT GENERAL OF ARIZONA, IN HIS RECOGNIZED GRADE; THE STATE STAFF CORPS AND DEPARTMENT OFFICERS; AND ALL RECOGNIZED UNITS OF THE 158TH INFANTRY AND THE MEDICAL DEPARTMENT, WILL ENTRAIN FROM THEIR HOME STATIONS ON JUNE 7TH, 1924, AND PROCEED TO THE RIFLE RANGE, FORT HUACHUCA, ARIZONA, FOR A CAMP OF INSTRUCTION. ON COMPLETION OF THE CAMP, ON JUNE 23, 1924, THE TROOPS WILL RETURN TO THEIR HOME STATION.

ON JUNE 3, 1924, THE ADJUTANT GENERAL OF ARIZONA SENT A TELEGRAM TO THE MILITIA BUREAU AS FOLLOWS:

STATE SURGEON JUST RETURNED FROM SACATON WHERE EPIDEMIC OF MEASLES HAS BROKEN OUT AND WILL BE IMPOSSIBLE TAKE ANY MEMBERS OF COMPANY FROM THAT POINT TO CAMP STOP BETWEEN TWELVE AND FIFTEEN MEN AND TWO OFFICERS READY TO GO COMPANY D, ONE HUNDRED FIFTY-EIGHTH INFANTRY FROM CASAGRANDE STOP REQUEST REGULATION BE WAIVED IN THIS CASE FOR ATTENDANCE CAMP OF INSTRUCTIONS STOP THIS ORGANIZATION HAD SIXTY-FIVE MEN IN CAMP LAST YEAR AND HAS SIXTY-FIVE THIS YEAR READY TO GO STOP ORGANIZATION ALWAYS QUALIFIES WITH SIXTY PERCENT OR BETTER OF STRENGTH PRESENT AT ARMORY DRILL AND ALWAYS QUALIFIED AT CAMP STOP ADVANCE DETAIL THIS COMPANY ALREADY IN CAMP STOP GOOD INSTRUCTION PROGRAM HAS BEEN PREPARED AND OFFICERS AND MEN ABLE TO GO WHO HAVE NOT BEEN EXPOSED SHOULD HAVE THIS INSTRUCTION SINCE FAILURE TO ATTEND CAMP IS THROUGH NO FAULT WHATEVER OF OFFICERS OR ENLISTED MEN OF ORGANIZATION AND ENLISTED MEN HAVE ALREADY ARRANGED FOR VACATION PERIOD.

TO WHICH REPLY WAS MADE ON JUNE 5, 1924:

BY AUTHORITY OF THE SECRETARY OF WAR THE REGULATIONS GOVERNING ENCAMPMENT ATTENDANCE ARE WAIVED IN THE CASE OF COMPANY D, HUNDRED FIFTY-EIGHTH INFANTRY ARIZONA NATIONAL GUARD BECAUSE OF THE EPIDEMIC OF MEASLES NEAR THE STATION OF THIS COMPANY.

IT APPEARS THAT THIS UNIT CONSISTED OF 3 OFFICERS AND 61 ENLISTED MEN, AND THAT 2 OF THE OFFICERS AND 11 OF THE ENLISTED MEN ATTENDED, 1 OFFICER AND 47 ENLISTED MEN HAVING BEEN EXCUSED FOR THE REASON STATED IN ABOVE TELEGRAMS.

THE DISALLOWANCE WAS MADE ON THE GROUND THAT THE REGULATIONS PROVIDING THAT OFFICERS BELONGING TO A UNIT OF THE NATIONAL GUARD WILL NOT BE ENTITLED TO FEDERAL PAY FOR FIELD TRAINING UNLESS 60 PERCENT OF THE ACTUALLY ENROLLED ACTIVE ENLISTED STRENGTH ATTEND, COULD NOT BE WAIVED, AND AS LESS THAN 60 PERCENT OF THE ENLISTED STRENGTH OF THE UNIT ATTENDED THE SAID OFFICERS WHO DID ATTEND WERE NOT ENTITLED TO PAY.

SECTION 92 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY SECTION 2 OF THE ACT OF JUNE 3, 1924, 43 STAT. 363, AFTER PROVIDING FOR THE ASSEMBLY OF UNITS OF THE NATIONAL GUARD FOR DRILL AND INSTRUCTION FURTHER PROVIDED THAT SUCH UNITS "SHALL, IN ADDITION THERETO, PARTICIPATE IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE AT LEAST FIFTEEN DAYS IN TRAINING EACH YEAR, INCLUDING TARGET PRACTICE, UNLESS SUCH COMPANY, TROOP, BATTERY, OR DETACHMENT SHALL HAVE BEEN EXCUSED FROM PARTICIPATION IN ANY PART THEREOF BY THE SECRETARY OF WAR * * *.'

SECTIONS 94 AND 97 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 206, 207, PROVIDE:

SEC. 94. ENCAMPMENTS AND MANEUVERS.--- UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR IS AUTHORIZED TO PROVIDE FOR THE PARTICIPATION OF THE WHOLE OR ANY PART OF THE NATIONAL GUARD IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD OR COAST-DEFENSE INSTRUCTION, EITHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY PART OF THE REGULAR AMY, AND THERE MAY BE SET ASIDE FROM THE FUNDS APPROPRIATED FOR THAT PURPOSE AND ALLOTTED TO ANY STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA, SUCH PORTION OF SAID FUNDS AS MAY BE NECESSARY FOR THE PAYMENT, SUBSISTENCE, TRANSPORTATION, AND OTHER PROPER EXPENSES OF SUCH PORTION OF THE NATIONAL GUARD OF SUCH STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA AS SHALL PARTICIPATE IN SUCH ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD AND COAST-DEFENSE INSTRUCTION; AND THE OFFICERS AND ENLISTED MEN OF SUCH NATIONAL GUARD WHILE SO ENGAGED SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED BY LAW.

SEC. 97. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR MAY PROVIDE CAMPS FOR THE INSTRUCTION OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD. SUCH CAMPS SHALL BE CONDUCTED BY OFFICERS OF THE REGULAR ARMY DETAILED BY THE SECRETARY OF WAR FOR THAT PURPOSE, AND MAY BE LOCATED EITHER WITHIN OR WITHOUT THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA TO WHICH THE MEMBERS OF THE NATIONAL GUARD DESIGNATED TO ATTEND SAID CAMPS SHALL BELONG. OFFICERS AND ENLISTED MEN ATTENDING SUCH CAMPS SHALL BE ENTITLED TO PAY AND TRANSPORTATION, AND ENLISTED MEN TO SUBSISTENCE IN ADDITION, AT THE SAME RATES AS FOR ENCAMPMENTS OR MANEUVERS FOR FIELD OR COAST-DEFENSE INSTRUCTION.

PARAGRAPH 932, NATIONAL GUARD REGULATIONS, 1922, AS AMENDED BY CHANGES NO. 4, JUNE 13, 1923, PROVIDES:

932. A. STRENGTH OF UNITS AND ATTENDANCE AT CAMP:

PAY FOR FIELD TRAINING DEPENDS UPON THE FOLLOWING:

(1) OFFICERS BELONGING TO A UNIT OF THE NATIONAL GUARD WILL NOT BE ENTITLED TO FEDERAL PAY FOR FIELD TRAINING---

(A) UNLESS THE UNIT TO WHICH THEY BELONG COMPLIES WITH THE REQUIREMENTS AS TO MINIMUM STRENGTH LAID DOWN IN PARAGRAPH 110 OF THESE REGULATIONS.

(B) UNLESS 50 PERCENT OF THE OFFICERS AND 60 PERCENT OF THE ACTUALLY ENROLLED ACTIVE ENLISTED STRENGTH ATTEND.

(2) NATIONAL GUARD UNITS WHICH CAN NOT COMPLY WITH THE REQUIREMENTS LAID DOWN IN SUBPARAGRAPHS (1) (A) AND (B) ABOVE WILL NOT BE SENT TO FIELD TRAINING CAMPS.

THE REGULATIONS ARE APPLICABLE TO "FIELD TRAINING; " THAT IS, TO THE TRAINING PROVIDED FOR UNDER SECTION 94. THEY ARE, HOWEVER, ALSO APPLICABLE WHERE FIELD TRAINING IS PRESCRIBED FOR UNITS OR ORGANIZATIONS ATTENDING CAMPS OF INSTRUCTION UNDER SECTION 97, AS IN THIS CASE. WHERE, HOWEVER, DETACHMENTS OF ORGANIZATIONS ARE BY SPECIFIC ORDER OF THE WAR DEPARTMENT ISSUED IN ADVANCE AUTHORIZED TO ATTEND A CAMP OF INSTRUCTION HELD UNDER SECTION 97, THE MEMBERS OF SUCH A DETACHMENT ARE ENTITLED TO THE PAY PROVIDED BY THE SECTION AS INDIVIDUAL TRAINING. SEE 4 COMP. GEN. 65.

CAPTAIN WINDSOR AND LIEUTENANT HILL BEING OTHERWISE ENTITLED, THE AMOUNT OF $323.24 PAID TO THEM WILL BE ALLOWED.

UPON REVIEW THERE IS CERTIFIED A CREDIT IN THE ACCOUNTS OF CLAIMANT, THE SUM OF $324.24.