A-85924, JUNE 9, 1937, 16 COMP. GEN. 1060

A-85924: Jun 9, 1937

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IS NOT ENTITLED TO PAY WHILE SO ASSIGNED AS LONG AS THE ENLISTED STRENGTH REMAINS BELOW THE MINIMUM REQUIREMENT. THE APPLICABLE TABLE OF ORGANIZATION PROHIBITING ASSIGNMENTS IN ANY RANK OR GRADE EXCEPT TO FILL VACANCIES AUTHORIZED FOR THE ACTUAL STRENGTH OF THE ORGANIZATION AT THE TIME THE ASSIGNMENT IS MADE. MCILWRATH WAS RELIEVED FROM DUTY WITH HEADQUARTERS COMPANY. WAS RELIEVED FROM DUTY WITH THE THIRTY-THIRD MILITARY POLICE COMPANY AND ASSIGNED TO DUTY WITH HEADQUARTERS COMPANY. THE MAINTENANCE ENLISTED STRENGTH OF A MILITARY POLICE COMPANY OF AN INFANTRY DIVISION IS 50 WITH TOTAL AUTHORIZED COMMISSIONED STRENGTH OF 1 CAPTAIN AND 1 SECOND LIEUTENANT. IT IS REPORTED THAT THE TOTAL ENLISTED STRENGTH WAS 59.

A-85924, JUNE 9, 1937, 16 COMP. GEN. 1060

PAY - DRILL - NATIONAL GUARD - ASSIGNMENT OF OFFICER AFTER ENLISTED STRENGTH REDUCTION BELOW MINIMUM REQUIREMENT A COMMISSIONED OFFICER ASSIGNED TO A NATIONAL GUARD MILITARY POLICE COMPANY VICE ANOTHER OFFICER OF EQUAL RANK CONTINUED THEREIN WITHOUT REDUCTION IN RANK UNDER AUTHORITY OF THE APPLICABLE TABLE OF ORGANIZATION, NOTWITHSTANDING THE REDUCTION IN ENLISTED STRENGTH BELOW THE MINIMUM REQUIREMENT FOR SUCH RANK, IS NOT ENTITLED TO PAY WHILE SO ASSIGNED AS LONG AS THE ENLISTED STRENGTH REMAINS BELOW THE MINIMUM REQUIREMENT, THE APPLICABLE TABLE OF ORGANIZATION PROHIBITING ASSIGNMENTS IN ANY RANK OR GRADE EXCEPT TO FILL VACANCIES AUTHORIZED FOR THE ACTUAL STRENGTH OF THE ORGANIZATION AT THE TIME THE ASSIGNMENT IS MADE.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJOR A. J. MAXWELL, UNITED STATES ARMY, JUNE 9, 1937:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF APRIL 9, 1937, TRANSMITTING SUPPLEMENTAL ARMORY DRILL PAY ROLL OF THIRTY-THIRD MILITARY POLICE COMPANY, SPECIAL TROOPS, ILLINOIS NATIONAL GUARD, OCTOBER 1 TO DECEMBER 31, 1936, IN FAVOR OF FIRST LT. WILLIAM R. MCILWRATH, COVERING ARMORY DRILL PAY FOR ATTENDANCE AT AUTHORIZED DRILLS BETWEEN NOVEMBER 27 AND DECEMBER 31, 1936.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 240, DATED STATE OF ILLINOIS, MILITARY AND NAVAL DEPARTMENT, NOVEMBER 25, 1936, FIRST LT. WILLIAM R. MCILWRATH WAS RELIEVED FROM DUTY WITH HEADQUARTERS COMPANY, SPECIAL TROOPS, AND ASSIGNED TO DUTY WITH THE THIRTY-THIRD MILITARY POLICE COMPANY, ILLINOIS NATIONAL GUARD, VICE FIRST LT. WALLACE L. WRIGHT, WHO, BY PARAGRAPH 3 OF THE SAME ORDERS, WAS RELIEVED FROM DUTY WITH THE THIRTY-THIRD MILITARY POLICE COMPANY AND ASSIGNED TO DUTY WITH HEADQUARTERS COMPANY, SPECIAL TROOPS, ILLINOIS NATIONAL GUARD, VICE MCILWRATH.

UNDER NATIONAL GUARD TABLE OF ORGANIZATION NO. 5, EFFECTIVE APRIL 1, 1928, THE MAINTENANCE ENLISTED STRENGTH OF A MILITARY POLICE COMPANY OF AN INFANTRY DIVISION IS 50 WITH TOTAL AUTHORIZED COMMISSIONED STRENGTH OF 1 CAPTAIN AND 1 SECOND LIEUTENANT. SAID TABLE OF ORGANIZATION PROVIDES FOR A MAXIMUM ENLISTED STRENGTH OF 100 AND AUTHORIZES THE APPOINTMENT OF 1 ADDITIONAL OFFICER WITH RANK OF FIRST LIEUTENANT WHEN THE ENLISTED STRENGTH REACHES 75 AND 1 ADDITIONAL OFFICER WITH RANK OF SECOND LIEUTENANT WHEN THE ENLISTED STRENGTH REACHES 91, BOTH OFFICERS TO BE ASSIGNED TO THE COMPANY HEADQUARTERS.

IMMEDIATELY PRIOR TO THE TRANSFER OF FIRST LT. WALLACE L. WRIGHT THE COMMISSIONED STRENGTH OF THE THIRTY-THIRD MILITARY POLICE COMPANY, SPECIAL TROOPS, CONSISTED OF A CAPTAIN, A FIRST LIEUTENANT, AND A SECOND LIEUTENANT; IT IS REPORTED THAT THE TOTAL ENLISTED STRENGTH WAS 59, AND AT NO TIME FROM DATE OF TRANSFER TO THE END OF THE PERIOD HERE INVOLVED HAS AN ENLISTED STRENGTH OF 75 BEEN ATTAINED.

TABLE OF ORGANIZATION NO. 5, ALSO SPECIFICALLY PROVIDES:

5. SHOULD THE COMPANY BECOME REDUCED IN STRENGTH COMMISSIONED, NON COMMISSIONED OFFICERS, AND PRIVATES, 1ST CLASS, WILL NOT BE REDUCED SOLELY BECAUSE OF SUCH REDUCTION, BUT NO APPOINTMENT OR ASSIGNMENT WILL BE MADE IN ANY RANK OR GRADE EXCEPT TO FILL VACANCIES AUTHORIZED FOR THE ACTUAL STRENGTH OF THE ORGANIZATION AT THE TIME THE APPOINTMENT OR ASSIGNMENT IS TO BE MADE.

IT APPEARS EVIDENT THAT FIRST LT. WRIGHT WHILE ASSIGNED TO THE THIRTY- THIRD MILITARY POLICE COMPANY WAS IN EXCESS OF THE AUTHORIZED PERSONNEL PROVIDED BY THE APPLICABLE TABLE OF RGANIZATION; THAT HIS TRANSFER AND RELIEF THEREFROM DID NOT CREATE A VACANCY; THAT THE ASSIGNMENT OF FIRST LT. WILLIAM R. MCILWRATH WAS UNAUTHORIZED UNDER THE SPECIFIC PROVISIONS OF THE APPLICABLE TABLE OF ORGANIZATION AND CONSEQUENTLY COULD CONFER UPON HIM NO RIGHT TO PAY WHILE SO ASSIGNED AS LONG AS THE ENLISTED STRENGTH REMAINED BELOW 75. YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER, WHICH IS RETURNED HEREWITH.