A-91316, APRIL 13, 1938, 17 COMP. GEN. 835

A-91316: Apr 13, 1938

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PAY - DRILL - NATIONAL GUARD - ATTENDANCE AT DRILL OF OTHER THAN OWN ORGANIZATION AN ENLISTED MEMBER OF A NATIONAL GUARD ORGANIZATION WHO ATTENDS A DRILL WITH ANOTHER ORGANIZATION FOR WHICH NO ARMORY DRILL PAY IS AUTHORIZED FOR MEMBERS OF THAT ORGANIZATION. WAS SHOWN ON THE ORIGINAL ARMORY DRILL PAY ROLL OF THE ORGANIZATION FOR THE PERIOD MAY 1 TO JULY 31. THERE WAS ATTACHED TO THE ORIGINAL PAY ROLL A CERTIFICATE OF THE COMMANDING OFFICER OF HOWITZER COMPANY. THE ENLISTED MAN WAS PAID FOR 11 DRILLS ONLY ON VOUCHER 1094 DUE TO THE FACT THAT THE DRILL HELD BY THE HOWITZER COMPANY WAS NOT AN AUTHORIZED PAY DRILL OF THAT ORGANIZATION. IS WHETHER AN ENLISTED MEMBER OF A NATIONAL GUARD ORGANIZATION WHO ATTENDS A DRILL WITH ANOTHER ORGANIZATION FOR WHICH NO ARMORY DRILL PAY IS AUTHORIZED FOR MEMBERS OF THAT ORGANIZATION.

A-91316, APRIL 13, 1938, 17 COMP. GEN. 835

PAY - DRILL - NATIONAL GUARD - ATTENDANCE AT DRILL OF OTHER THAN OWN ORGANIZATION AN ENLISTED MEMBER OF A NATIONAL GUARD ORGANIZATION WHO ATTENDS A DRILL WITH ANOTHER ORGANIZATION FOR WHICH NO ARMORY DRILL PAY IS AUTHORIZED FOR MEMBERS OF THAT ORGANIZATION, MAY NOT BE CREDITED FOR THAT DRILL AND RECEIVE ARMORY DRILL PAY THEREFOR ON THE PAY ROLL OF HIS OWN ORGANIZATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL A. J. MAXWELL, UNITED STATES ARMY, APRIL 13, 1938:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE YOUR LETTER OF DECEMBER 6, 1937, TRANSMITTING SUPPLEMENTAL ARMORY DRILL PAY ROLL OF MACHINE GUN TROOP, ONE HUNDRED AND FIFTH CAVALRY, WISCONSIN NATIONAL GUARD, MAY 1 TO JULY 31, 1937, IN FAVOR OF FIRST SGT. MARVIN P. PEDERSEN FOR $2.80, REPRESENTING PAY FOR ATTENDANCE AT A DRILL ON MAY 24, 1937, WITH THE HOWITZER COMPANY, ONE HUNDRED AND TWENTY-EIGHTH INFANTRY, WISCONSIN NATIONAL GUARD.

FIRST SGT. MARVIN P. PEDERSEN, A MEMBER OF THE MACHINE GUN TROOP, ONE HUNDRED AND FIFTH CAVALRY, WISCONSIN NATIONAL GUARD, WAS SHOWN ON THE ORIGINAL ARMORY DRILL PAY ROLL OF THE ORGANIZATION FOR THE PERIOD MAY 1 TO JULY 31, 1937 (VOUCHER NO. 1094 OF YOUR AUGUST 1937 ACCOUNTS) AS HAVING ATTENDED 12 AUTHORIZED DRILLS, 4 DURING EACH MONTH. AS EVIDENCE OF ATTENDANCE AT ONE OF THE DRILLS CREDITED FOR THE MONTH OF MAY, THERE WAS ATTACHED TO THE ORIGINAL PAY ROLL A CERTIFICATE OF THE COMMANDING OFFICER OF HOWITZER COMPANY, ONE HUNDRED AND TWENTY-EIGHTH INFANTRY, DATED MAY 24, 1937, THAT THE ENLISTED MAN ON THAT DATE HAD ATTENDED A REGULARLY ORDERED DRILL WITH THAT UNIT. THE ENLISTED MAN WAS PAID FOR 11 DRILLS ONLY ON VOUCHER 1094 DUE TO THE FACT THAT THE DRILL HELD BY THE HOWITZER COMPANY WAS NOT AN AUTHORIZED PAY DRILL OF THAT ORGANIZATION, AND THE SUPPLEMENTAL PAY ROLL COVERS PAYMENT FOR ATTENDANCE AT THAT DRILL. THE PRECISE QUESTION, THEREFORE, IS WHETHER AN ENLISTED MEMBER OF A NATIONAL GUARD ORGANIZATION WHO ATTENDS A DRILL WITH ANOTHER ORGANIZATION FOR WHICH NO ARMORY DRILL PAY IS AUTHORIZED FOR MEMBERS OF THAT ORGANIZATION, MAY NEVERTHELESS BE CREDITED FOR THAT DRILL AND RECEIVE ARMORY DRILL PAY THEREFOR ON THE PAY ROLL OF HIS OWN ORGANIZATION.

SECTION 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 6, 1924, 43 STAT. 471, PROVIDES IN PART AS FOLLOWS:

PAY FOR NATIONAL GUARD ENLISTED MEN.--- EACH ENLISTED MAN BELONGING TO AN ORGANIZATION OF THE NATIONAL GUARD, OTHER THAN ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE- THIRTIETH OF THE INITIAL MONTHLY PAY OF HIS GRADE IN THE REGULAR ARMY, AND EACH OF THOSE OF THE SIXTH AND SEVENTH GRADES SHALL RECEIVE COMPENSATION AS IS PROVIDED IN SECTION 14 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR EACH DRILL ORDERED FOR HIS ORGANIZATION WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS, NOT EXCEEDING EIGHT IN ANY ONE CALENDAR MONTH AND NOT EXCEEDING SIXTY DRILLS IN ONE YEAR: * * * AND PROVIDED FURTHER, THAT ANY ENLISTED MAN SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, RECEIVE COMPENSATION UNDER THE PROVISIONS OF THIS SECTION FOR ANY DRILL HAD IN ACCORDANCE WITH SUCH PROVISIONS WHERE HE IS OFFICIALLY PRESENT AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN ONE AND ONE-HALF HOURS WITH A NATIONAL GUARD ORGANIZATION WITHIN THE SAME STATE AT A STATION OTHER THAN HIS OWN, UPON PRESENTATION OF A CERTIFICATE IN FORM PRESCRIBED IN SAID REGULATIONS FROM THE ORGANIZATION COMMANDER TO THE COMMANDING OFFICER OF THE ORGANIZATION OF WHICH HE IS A MEMBER SHOWING SUCH DRILL PARTICIPATION.

NATIONAL GUARD REGULATIONS 45, DATED AUGUST 7, 1934, PROVIDE:

9. DEFINITIONS. * * * ASSEMBLIES FOR DRILL AND INSTRUCTION, HEREINAFTER REFERRED TO AS ,ASSEMBLIES," ARE CONSTRUED AS INCLUDING THE "REGULAR DRILL AND OTHER PERIOD OF INSTRUCTION" REFERRED TO IN SECTION 108 (SIC), NATIONAL DEFENSE ACT, AND THE ORDERED DRILLS REFERRED TO IN SECTION 110, NATIONAL DEFENSE ACT. THEY MAY BE HELD WHEREVER THE COMPANY, TROOP, BATTERY, OR DETACHMENT IS STATIONED, AND NOTWITHSTANDING THE FACT THAT THE ORGANIZATION IS ON FULL-DUTY STATUS AS A MILITARY FORCE, UNDER STATE ORDERS, WHEN OTHERWISE AUTHORIZED BY LAW AND REGULATIONS AND PROPER STATE AUTHORITY.

11. MAXIMUM LIMITATIONS.--- NO MAXIMUM NUMBER OF ASSEMBLIES FOR DRILL OR INSTRUCTION IS PRESCRIBED, BUT NO PAY CAN ACCRUE FOR ASSEMBLIES IN EXCESS OF THOSE AUTHORIZED FROM TIME TO TIME BY THE SECRETARY OF WAR.

IN A-39941 DATED FEBRUARY 9, 1932, IT WAS HELD, IN AGREEMENT WITH THE VIEWS OF THE WAR DEPARTMENT, THAT UNDER THE LAW AND REGULATIONS AN ENLISTED MAN WHO IS AUTHORIZED TO ATTEND DRILLS WITH ANOTHER ORGANIZATION MAY NOT QUALIFY FOR ARMORY DRILL PAY FOR DRILLS WITH SUCH ORGANIZATION IN EXCESS OF THE NUMBER OF DRILLS ORDERED FOR HIS OWN ORGANIZATION FOR THE SAME MONTH. FOLLOWING THAT DECISION IT WAS HELD IN A-50740 DATED SEPTEMBER 28, 1933, THAT AN ENLISTED MAN, WHOSE OWN ORGANIZATION IN A PARTICULAR QUARTERLY PERIOD HAD AUTHORIZED MONTHLY DRILLS ON A 4-4-4 BASIS, AND WHO ATTENDED DRILLS WITH ANOTHER ORGANIZATION WHOSE MONTHLY DRILL SCHEDULE WAS UPON A 3-5-4 BASIS, COULD BE PAID FOR NOT MORE THAN 11 DRILLS, DRILL PAY FOR 4 DRILLS BEING THE MAXIMUM ALLOWABLE FOR THE SECOND MONTH FOR THE REASON THAT WAS THE MAXIMUM NUMBER OF DRILLS AUTHORIZED FOR HIS ORGANIZATION DURING THE SAME MONTH.

THIS ESTABLISHED RULE, OF COURSE, WAS PREDICATED UPON A DISCLOSED INTENT AND PURPOSE OF LIMITING DRILL PAY OF AN ENLISTED MAN TEMPORARILY ATTENDING DRILLS WITH AN ORGANIZATION OTHER THAN HIS OWN, TO THE MAXIMUM CORRESPONDING MONTHLY DRILLS WITH HIS OWN ORGANIZATION, DRILLS FOR WHICH PAY WAS AUTHORIZED UNDER THE PROVISIONS OF SECTION 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND THE REGULATIONS MADE IN PURSUANCE THEREOF, AND BY NECESSARY IMPLICATION THIS LIMITATION EXTENDS IN ITS APPLICATION TO DRILLS OTHER THAN THOSE FOR WHICH PAY IS AUTHORIZED BY EITHER THE ENLISTED MAN'S OWN ORGANIZATION OR BY ANOTHER ORGANIZATION.

THE APPLICABLE N.G.B. FORM 100 OF HOWITZER COMPANY FOR MAY 1937 INDICATES THAT NO AUTHORIZED PAY DRILL WAS SCHEDULED FOR THE TWENTY FOURTH DAY OF THE MONTH AND NO MEMBER OF THE HOWITZER COMPANY EARNED OR COULD HAVE EARNED PAY FOR ATTENDANCE AT A DRILL ON THAT DATE FOR THE REASON SUCH DRILL WAS NOT A PAY DRILL "ORDERED FOR HIS ORGANIZATION" WITHIN THE MEANING OF SECTION 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED. UNDER SIMILAR CIRCUMSTANCES ATTENDANCE BY ENLISTED MEMBERS OF THE MACHINE GUN TROOP AT SCHEDULED NONPAY DRILLS WOULD NOT ENTITLE THEM TO ARMORY DRILL PAY THEREFOR. IF THE OTHER ENLISTED MEMBERS OF THE HOWITZER COMPANY ARE NOT ENTITLED TO ARMORY DRILL PAY FOR ATTENDANCE AT DRILLS IN EXCESS OF THE AUTHORIZED NUMBER OF FEDERAL PAY DRILLS SCHEDULED FOR THEIR ORGANIZATION IN ANY PARTICULAR MONTH, AN INDIVIDUAL MEMBER OF A DIFFERENT ORGANIZATION IS NOT ENTITLED TO MORE BY ATTENDANCE AT THE SAME NONPAY DRILL. SINCE NO DULY PRESCRIBED ASSEMBLY FOR PAY PURPOSES WAS SCHEDULED BY THE HOWITZER COMPANY ON MAY 24, 1937, FIRST SERGEANT PEDERSEN IS NOT ENTITLED TO ARMORY DRILL PAY FOR ATTENDANCE AT A DRILL WITH SUCH ORGANIZATION ON THAT DATE. YOU ARE NOT AUTHORIZED TO PAY THE SUPPLEMENTAL VOUCHER WHICH IS RETURNED.