A-9660, DECEMBER 22, 1925, 5 COMP. GEN. 438

A-9660: Dec 22, 1925

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NATIONAL GUARD DRILL PAY AN OFFICER OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION WHO PARTICIPATES IN DRILLS WITH ANOTHER ORGANIZATION IS NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR THE DRILLS SO ATTENDED. 1925: THERE IS FOR CONSIDERATION PAYMENTS OF ARMORY DRILL PAY TO CERTAIN OFFICERS OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION AND PARTICIPATING IN DRILLS WITH OTHER ORGANIZATIONS. HE WAS PAID FOR THIS PERIOD $81.85. IT IS APPARENT THAT THE ATTACHING OF LIEUTENANT NOLEN. THE SAID ATTACHMENT WAS NOT A TRANSFER. THE QUESTION THEN ARISES AS TO WHETHER AN OFFICER BELONGING TO ONE ORGANIZATION IS ENTITLED TO CREDIT FOR DRILLS ATTENDED WITH ANOTHER ORGANIZATION. AT WHICH THEY SHALL HAVE BEEN OFFICIALLY PRESENT FOR THE ENTIRE REQUIRED PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS.

A-9660, DECEMBER 22, 1925, 5 COMP. GEN. 438

NATIONAL GUARD DRILL PAY AN OFFICER OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION WHO PARTICIPATES IN DRILLS WITH ANOTHER ORGANIZATION IS NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR THE DRILLS SO ATTENDED.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 22, 1925:

THERE IS FOR CONSIDERATION PAYMENTS OF ARMORY DRILL PAY TO CERTAIN OFFICERS OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION AND PARTICIPATING IN DRILLS WITH OTHER ORGANIZATIONS.

VOUCHER NO. 823, ACCOUNTS OF CAPT. W. D. DABNEY, F.D., UNITED STATES ARMY, OCTOBER, 1924, COVERS THE PAYMENT OF ARMORY DRILL PAY TO THE OFFICERS AND ENLISTED MEN OF HOWITZER COMPANY, ONE HUNDRED AND EIGHTIETH INFANTRY, OKLAHOMA NATIONAL GUARD, FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 30, 1924. ON THIS VOUCHER APPEARS THE NAME OF FIRST LIEUT. BRYAN W. NOLEN, WITH THE FOLLOWING REMARKS:

ATTENDED 8 DRILLS IN JULY, 3 IN AUGUST, AND 9 IN SEPTEMBER; 50 PERCENT COMMISSIONED AND 60 PERCENT ENLISTED STRENGTH PRESENT AT DRILLS CREDITED IN COLUMN 6. IN FIELD SERVICE FROM AUGUST 3, 1924, TO AUGUST 18, 1924. ATTACHED TO HEADQUARTERS, 45TH DIVISION SPECIAL TROOPS, STILLWATER, OKLAHOMA, FOR DRILL, PER S.O. 158, A.G.O., 9-3-24. ATTD. DR. SEPT. 4, WITH HOW.CO. SEPT. 5-8-12-15-19-22-26-29 WITH HQRS.DET. 45 DIV. PER STATEMENT ATTACHED.

HE WAS PAID FOR THIS PERIOD $81.85, COMPUTED APPARENTLY ON THE BASIS OF DRILLS ATTENDED DURING JULY AND AUGUST AS A FIRST LIEUTENANT BELONGING TO AN ORGANIZATION, AND FROM SEPTEMBER 3 TO 30, 1924, AS A FIRST LIEUTENANT NOT BELONGING TO AN ORGANIZATION.

IT IS APPARENT THAT THE ATTACHING OF LIEUTENANT NOLEN, WHO BELONGED TO THE HOWITZER COMPANY, TO HEADQUARTERS SPECIAL TROOPS, ANOTHER ORGANIZATION, FOR DRILL DID NOT CHANGE HIS STATUS FROM THAT OF AN OFFICER BELONGING TO AN ORGANIZATION TO THAT OF AN OFFICER NOT BELONGING TO AN ORGANIZATION. THE SAID ATTACHMENT WAS NOT A TRANSFER, SO HE CONTINUED TO BE A MEMBER OF THE HOWITZER COMPANY. THE QUESTION THEN ARISES AS TO WHETHER AN OFFICER BELONGING TO ONE ORGANIZATION IS ENTITLED TO CREDIT FOR DRILLS ATTENDED WITH ANOTHER ORGANIZATION.

SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, AND AS FURTHER AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364, PROVIDES:

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, CAPTAINS, LIEUTENANTS, AND WARRANT OFFICERS BELONGING TO ORGANIZATIONS OF THE NATIONAL GUARD SHALL RECEIVE COMPENSATION AT THE RATE OF ONE THIRTIETH OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTIONS 3 AND 9 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR EACH REGULAR DRILL OR OTHER PERIOD OF INSTRUCTION AUTHORIZED BY THE SECRETARY OF WAR, NOT EXCEEDING EIGHT IN ANY ONE CALENDAR MONTH AND NOT EXCEEDING SIXTY IN ONE YEAR, AT WHICH THEY SHALL HAVE BEEN OFFICIALLY PRESENT FOR THE ENTIRE REQUIRED PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS. OFFICERS ABOVE THE GRADE OF CAPTAIN SHALL RECEIVE NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OF MAJOR, NOT BELONGING TO ORGANIZATIONS, SHALL RECEIVE NOT MORE THAN FOUR- THIRTIETHS OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTION 3 OF SAID PAY READJUSTMENT ACT FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. * * *

ARTICLE 12, NATIONAL GUARD REGULATIONS, 1922, PROVIDES:

442. COMPANY OFFICERS AND ENLISTED MEN BELONGING TO ORGANIZATIONS OF THE NATIONAL GUARD WILL RECEIVE CREDIT FOR DRILL ATTENDANCE AND COMPENSATION FOR DRILLS AND DUTIES WHEN THEY HAVE COMPLIED WITH THE REQUIREMENTS OF THIS ARTICLE AND THE PROVISIONS PRESCRIBED IN PARAGRAPH 928.

445.IN ORDER TO RECEIVE CREDIT FOR DRILL, A MEMBER OF AN ORGANIZATION MUST DRILL OR PARTICIPATE IN EXERCISES WITH HIS OWN ORGANIZATION. * * *

PARAGRAPH 928, OF THE REGULATIONS, AS AMENDED BY CHANGES NO. 9, OCTOBER 30, 1923, AND CHANGES NO. 14, JUNE 3, 1924, PROVIDES THAT IN ORDER FOR CAPTAINS AND LIEUTENANTS BELONGING TO ORGANIZATIONS TO RECEIVE PAY FOR ATTENDANCE AT ASSEMBLIES FOR DRILLS, THE FOLLOWING CONDITIONS MUST BE MET FOR EACH DRILL:

(A) (1) AT LEAST 50 PERCENT OF THE ACTUAL COMMISSIONED STRENGTH OF THE ORGANIZATION MUST ATTEND AND PARTICIPATE FOR NOT LESS THAN ONE AND ONE- HALF HOURS, EXCLUSIVE OF RESTS AND INTERRUPTIONS.

2. IN ALL ORGANIZATIONS, EXCEPT SERVICE COMPANIES, AT LEAST 60 PERCENT OF THE ACTUAL ENLISTED STRENGTH OF THE ORGANIZATION MUST ATTEND AND PARTICIPATE FOR NOT LESS THAN ONE AND ONE-HALF HOURS, EXCLUSIVE OF RESTS AND INTERRUPTIONS, THAT ACTUAL ENLISTED STRENGTH BEING NOT LESS THAN THE MINIMUM REQUIRED BY PARAGRAPH 110 OF THESE REGULATIONS. * * *

PARAGRAPH 928 OF THE REGULATIONS AS AMENDED, QUOTED ABOVE, EVIDENTLY CONTEMPLATES THAT THE DRILLS ATTENDED BY AN OFFICER FOR WHICH HE SHALL RECEIVE CREDIT ARE DRILLS WITH HIS OWN ORGANIZATION. IT MAKES THE OFFICERS OF AN ORGANIZATION RESPONSIBLE FOR EACH OTHER'S ATTENDANCE AS WELL AS THE ATTENDANCE OF THE ENLISTED MEN. NO RESPONSIBILITY IS ATTACHED TO THE OFFICERS OF ONE ORGANIZATION FOR THE ATTENDANCE AT DRILLS OF OTHER ORGANIZATIONS, AND BESIDES PARAGRAPH 445 OF THE REGULATIONS, QUOTED ABOVE, EXPRESSLY PROVIDES THAT IN ORDER TO RECEIVE CREDIT FOR DRILL, A MEMBER OF AN ORGANIZATION MUST DRILL WITH HIS OWN ORGANIZATION.

AS THE DRILLS ATTENDED BY LIEUTENANT NOLEN WITH THE HEADQUARTERS SPECIAL TROOPS WERE NOT DRILLS OF HIS OWN ORGANIZATION, HE IS NOT ENTITLED TO CREDIT THEREFOR.

VOUCHER NO. 437, ACCOUNTS OF MAJ. F. J. BAKER, F.D., UNITED STATES ARMY, NOVEMBER, 1924, COVERS THE PAYMENT OF ARMORY DRILL PAY TO THE OFFICERS AND ENLISTED MEN OF COMPANY "A," ONE HUNDRED AND TWENTY-FIRST INFANTRY, GEORGIA NATIONAL GUARD, FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 30, 1924. ON THIS VOUCHER APPEARS THE NAME OF CAPT. OLIN B. HOWELL, WITH THE FOLLOWING REMARKS:

ATTENDED 5 DRILLS IN JULY, 2 IN AUGUST AND 5 IN SEPTEMBER; ATTACHED TO CO.'A," 121ST F.GA.N.G., FROM HOSPITAL CO.; 114 GA.N.G. SINCE MAR. 31ST, 1924, ESS PER S.O. 90 A.G.O. GA., MAY 16/24. 50 PERCENT COMMISSIONED AND 60 PERCENT ENLISTED STRENGTH PRESENT FOR ALL DRILLS CREDITED IN COLUMN 6.

ATTACHED TO THE VOUCHER IS THE FOLLOWING CERTIFICATE, DATED SEPTEMBER 24, 1924:

I, ARTHUR K. MADDOX, CAPTAIN OF HQ.CO. AND DET. 30TH INF.DIV. GA. N.G., AT GRIFFIN, GEORGIA, DO HEREBY CERTIFY THAT DR. O. B. HOWELL, CAPT.MED.CORPS. GA.N.G., ATTENDED DRILLS WITH HQ.CO. AND DET. 30TH INF.DIV., GA.N.G., ON THE FOLLOWING DATES, TO WIT: AUGUST 1ST, 1924, AND AUGUST 8TH, 1924.

IT THUS APPEARS THAT CAPTAIN HOWELL ATTENDED FIVE DRILLS EACH IN JULY AND SEPTEMBER, 1924, WITH SAID COMPANY "A," AND TWO DRILLS WITH SAID HEADQUARTERS COMPANY AND DETACHMENT, THIRTIETH INFANTRY DIVISION, IN AUGUST, 1924, FOR WHICH DRILLS HE WAS CREDITED AND PAID ON SAID VOUCHER.

AS CAPTAIN HOWELL WAS A MEMBER OF HOSPITAL COMPANY 114, GEORGIA NATIONAL GUARD, HE IS NOT ENTITLED TO CREDIT FOR DRILLS ATTENDED WITH OTHER ORGANIZATIONS. FURTHERMORE, AS HE IS A MEDICAL OFFICER AND AS IT DOES NOT APPEAR THAT HE WAS ATTACHED TO THE SAID LINE ORGANIZATIONS FOR THE PERFORMANCE OF MEDICAL CORPS DUTIES, HE IS NOT ENTITLED TO CREDIT FOR ATTENDING THE DRILLS OF SUCH LINE ORGANIZATIONS. SEE DECISION OF NOVEMBER 18, 1925, A-11639.

VOUCHER NO. 164, ACCOUNTS OF CAPT. L. P. WORRALL, F.D., UNITED STATES ARMY, NOVEMBER, 1924, COVERS THE PAYMENT OF ARMORY DRILL PAY TO THE OFFICERS AND ENLISTED MEN OF THE ONE HUNDRED AND SEVENTH ORDINANCE COMPANY, MICHIGAN NATIONAL GUARD, FOR THE PERIOD FROM JULY 1 TO SEPTEMBER 30, 1924. ON THIS VOUCHER APPEARS THE NAME OF FIRST LIEUT. JOSEPH W. GABLE, WITH THE FOLLOWING REMARKS:

ATTENDED 8 DRILLS IN JULY, 1 IN AUGUST, AND 6 IN SEPTEMBER; 50 PERCENT COMMISSIONED AND 60 PERCENT ENLISTED STRENGTH PRESENT AT DRILLS CREDITED IN COLUMN 6. ATTACHED TO 107TH ORD.CO.FR.HQ.APEC.TRIPS., 32ND DIV. 3/25/24 FOR DRILL, INSTRUCTION AND PAY, PP. 1, S.O. 7 HQ. SPEC.TRPS., 32ND DIV., DATED 4/1/24. COMDG.ORG.SEPT. 1/24 TO SEPT. 30/24, DUE CLASS "A" ADMINISTRATIVE PAY AS PER CERTIFICATE ATTACHED. DR. ATND. AUG. 4.

AS LIEUTENANT GABLE WAS A MEMBER OF HEADQUARTERS SPECIAL TROOPS OF THIRTY -SECOND DIVISION, HE IS NOT ENTITLED TO CREDIT FOR THE DRILLS ATTENDED WITH THE ONE HUNDRED AND SEVENTH ORDNANCE COMPANY.

THE QUESTION ALSO ARISES WHETHER THIS OFFICER IS ENTITLED TO ADMINISTRATIVE PAY WHILE IN COMMAND OF THIS COMPANY DURING SEPTEMBER, 1924.

SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, AND AS FURTHER AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364, PROVIDES:

* * * IN ADDITION TO PAY HEREINBEFORE PROVIDED, OFFICERS COMMANDING ORGANIZATIONS LESS THAN A BRIGADE AND HAVING ADMINISTRATIVE FUNCTIONS CONNECTED THEREWITH, SHALL, WHETHER OR NOT SUCH OFFICERS BELONG TO SUCH ORGANIZATIONS, RECEIVE NOT MORE THAN $240 A YEAR FOR THE FAITHFUL PERFORMANCE OF SUCH ADMINISTRATIVE FUNCTIONS UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE; AND FOR THE PURPOSE OF DETERMINING HOW MUCH SHALL BE PAID TO SUCH OFFICERS SO PERFORMING SUCH FUNCTIONS, THE SECRETARY OF WAR MAY, FROM TIME TO TIME, DIVIDE THEM INTO CLASSES AND FIX THE AMOUNT PAYABLE TO THE OFFICERS IN EACH CLASS. * * *.

PARAGRAPH 928 (D), NATIONAL GUARD REGULATIONS, 1922, AS AMENDED, AND AS FURTHER AMENDED BY CHANGES NO. 16, JUNE 21, 1924, PROVIDES THAT OFFICERS COMMANDING ORGANIZATIONS LESS THAN A BRIGADE AND HAVING ADMINISTRATIVE FUNCTIONS CONNECTED THEREWITH, SHALL, WHETHER OR NOT SUCH OFFICERS BELONG TO SUCH ORGANIZATIONS, RECEIVE ADDITIONAL PAY FOR THE FAITHFUL PERFORMANCE OF SUCH ADMINISTRATIVE FUNCTIONS, AND FURTHER:

(1) SUCH COMMANDING OFFICERS HAVING ADMINISTRATIVE FUNCTIONS ARE HEREBY DIVIDED INTO CLASSES A, B, C, D, E, F, AND G, AS INDICATED BELOW. THE OFFICERS OF EACH CLASS SHALL, FOR THE FAITHFUL PERFORMANCE OF THEIR ADMINISTRATIVE FUNCTIONS, BE PAID AT THE FOLLOWING YEARLY RATES: * * * CLASS E, $120; * * *

COMMANDING OFFICERS OF THE FOLLOWING ORGANIZATIONS ARE IN THE CLASSES INDICATED AFTER THE NAMES OF THE ORGANIZATIONS.

ORDNANCE DEPARTMENT:

ORDNANCE COMPANIES OF INFANTRY AND CAVALRY DIVISIONS--- CLASS E.

(3) * * * THE FAITHFUL PERFORMANCE OF SUCH ADMINISTRATIVE DUTIES WILL BE ESTABLISHED BY THE CERTIFICATE OF THE NEXT SUPERIOR COMMANDING THE STATE WHEN THERE IS NO SUCH SUPERIOR COMMANDING OFFICER, THAT THE OFFICER CLAIMING ADMINISTRATIVE PAY WAS ACTUALLY AND PROPERLY IN COMMAND OF THE ORGANIZATION AND FAITHFULLY PERFORMED THE ADMINISTRATIVE FUNCTIONS IN CONNECTION THEREWITH DURING THE PERIOD FOR WHICH ADMINISTRATIVE PAY IS CLAIMED.

ATTACHED TO THE VOUCHER IS THE FOLLOWING CERTIFICATE, DATED OCTOBER 20, 1924, AND SIGNED BY CLAUDE L. ALLEN, CAPTAIN, ORDNANCE CORPS, REGULAR COMMANDING OFFICER OF THE COMPANY:

I CERTIFY THAT FIRST LIEUTENANT JOSEPH W. GABLE, INFANTRY, WAS IN COMMAND OF THE 107TH ORDNANCE CO., DURING THE ABSENCE OF THE COMPANY COMMANDER, PERIOD SEPT. 1ST-30TH. DUE CLASS A ADMINISTRATIVE PAY.

AS SHOWN ABOVE, COMMANDING OFFICERS OF ORDNANCE COMPANIES ARE PLACED IN CLASS E AND NOT CLASS A.

IT IS APPARENT THAT SAID CERTIFICATE IS NOT SUCH AS REQUIRED TO ESTABLISH THE CLAIM OF LIEUTENANT GABLE FOR ADMINISTRATIVE PAY.