B-104029, B-104030, APR 8, 1952

B-104029,B-104030: Apr 8, 1952

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IT APPEARS THAT LIEUTENANT THOMA WAS FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT. THAT HE WAS TRANSFERRED FROM THE QUARTERMASTER CORPS TO THE CAVALRY ON JUNE 13. THAT HE WAS A MEMBER OF THE 3563RD TRANSPORTATION TRUCK COMPANY. THAT SUCH ORGANIZATION WAS "REDESIGNATED" COMPANY B. THAT HE WAS TRANSFERRED FROM THE 3563RD TRANSPORTATION TRUCK COMPANY TO COMPANY B. THAT HE WAS DETAILED TO ARMORED CAVALRY PER PARAGRAPH 1. THAT HE WAS PROMOTED TO FIRST LIEUTENANT. THAT HE WAS FEDERALLY RECOGNIZED AS A FIRST LIEUTENANT. IT APPEARS THAT LIEUTENANT WALL WAS FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT. THAT HE WAS RELIEVED FROM DUTY AS MOTOR OFFICER. THAT HE WAS ASSIGNED TO DUTY AS PLATOON LEADER.

B-104029, B-104030, APR 8, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL M.L. JOHNSON, F.C., DISBURSING OFFICER:

BY FIRST INDORSEMENT DATED JUNE 11, 1951, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF APRIL 24, 1951, TRANSMITTING FOR AN ADVANCE DECISION A SUPPLEMENTAL ARMORY DRILL PAY ROLL OF COMPANY B, 121ST HEAVY TANK BATTALION, ILLINOIS NATIONAL GUARD, FOR THE PERIOD FROM APRIL 1, 1950, TO JUNE 30, 1950, COVERING PROPOSED PAYMENTS OF ARMORY DRILL PAY TO FIRST LIEUTENANT ARTHUR J. THOMA AND SECOND LIEUTENANT NORMAN T. WALL.

IT APPEARS THAT LIEUTENANT THOMA WAS FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT, QUARTERMASTER CORPS, JUNE 15, 1948; THAT HE WAS TRANSFERRED FROM THE QUARTERMASTER CORPS TO THE CAVALRY ON JUNE 13, 1950; THAT HE WAS A MEMBER OF THE 3563RD TRANSPORTATION TRUCK COMPANY, ILLINOIS NATIONAL GUARD, "IN 1948"; THAT SUCH ORGANIZATION WAS "REDESIGNATED" COMPANY B, 121ST HEAVY TANK BATTALION, PER GENERAL ORDERS NO. 16, AGO, ILLINOIS, FEBRUARY 1, 1949; THAT HE WAS TRANSFERRED FROM THE 3563RD TRANSPORTATION TRUCK COMPANY TO COMPANY B, 121ST HEAVY TANK BATTALION, PER PARAGRAPH 52, SPECIAL ORDERS NO. 135, AGO, ILLINOIS, FEBRUARY 14, 1949; THAT HE WAS DETAILED TO ARMORED CAVALRY PER PARAGRAPH 1, SPECIAL ORDERS NO. 193, AGO, ILLINOIS, AUGUST 23, 1949; THAT HE WAS PROMOTED TO FIRST LIEUTENANT, CAVALRY, AND ASSIGNED AS A PLATOON LEADER OF THE SAID COMPANY B, PER PARAGRAPH 1, SPECIAL ORDERS NO. 131, AGO, ILLINOIS, JUNE 13, 1950; AND THAT HE WAS FEDERALLY RECOGNIZED AS A FIRST LIEUTENANT, CAVALRY, ON JUNE 19, 1950.

IT APPEARS THAT LIEUTENANT WALL WAS FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT, QUARTERMASTER CORPS, JULY 20, 1948; THAT HE WAS RELIEVED FROM DUTY AS MOTOR OFFICER, HEADQUARTERS AND HEADQUARTERS DETACHMENT, 199TH TRANSPORTATION TRUCK BATTALION, ILLINOIS NATIONAL GUARD, AND TRANSFERRED FROM QUARTERMASTER CORPS TO CAVALRY, EFFECTIVE APRIL 9, 1950; THAT HE WAS ASSIGNED TO DUTY AS PLATOON LEADER, COMPANY B, 121ST HEAVY TANK BATTALION, VICE CHAFFEE REASSIGNED, TO DATE FROM APRIL 10, 1950, PER PARAGRAPH 9, SPECIAL ORDERS NO. 79, AGO, ILLINOIS, DATED APRIL 8, 1950; AND THAT HE WAS FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT, CAVALRY, ON MAY 15, 1950.

IT IS STATED IN PARAGRAPH 4 OF YOUR LETTER THAT NEITHER OF THESE OFFICERS WAS PAID ON THE ORIGINAL ARMORY DRILL PAY ROLL (VOUCHER NO. 20861 OF THE AUGUST 1950 ACCOUNTS OF COLONEL E.E. ENGER, F.D.) IN VIEW OF PARAGRAPH 22B, NATIONAL GUARD REGULATIONS NO. 20, DATED NOVEMBER 14, 1946, AND THAT "DOUBT IS ENTERTAINED AS TO LEGALITY OF PAYMENT FOR THE PERIOD BETWEEN DATE OF TRANSFER FROM QMC TO DATE OF FEDERAL RECOGNITION IN CAVALRY." THE CITED ORIGINAL ARMORY DRILL PAY ROLL SHOWS THAT LIEUTENANT THOMA ATTENDED FOUR DRILLS IN EACH OF THE MONTHS OF APRIL, MAY, AND JUNE 1950 - A TOTAL OF 12 DRILLS IN ALL - AND THAT HE WAS NOT PAID THEREON, AND THAT LIEUTENANT WALL ATTENDED THREE DRILLS IN APRIL, AND FOUR IN EACH OF THE MONTHS OF MAY AND JUNE 1950 - A TOTAL OF 11 DRILLS IN ALL - AND THAT HE WAS PAID THE SUM OF $54.15, APPARENTLY REPRESENTING PAY AS A SECOND LIEUTENANT WITH OVER EIGHT YEARS' SERVICE FOR THE SIX DRILLS HE ATTENDED ON AND AFTER MAY 15, 1950, THE DATE OF HIS FEDERAL RECOGNITION AS A SECOND LIEUTENANT, CAVALRY.

IT IS PROPOSED, ON THE ABOVE-DESCRIBED SUPPLEMENTAL ARMORY DRILL PAY ROLL, TO PAY LIEUTENANT THOMA THE SUM OF $81.41, WHICH APPEARS TO REPRESENT PAY FOR 10 DRILLS ATTENDED DURING THE PERIOD FROM APRIL 1, 1950, TO JUNE 13, 1950, BOTH DATES INCLUSIVE, AS A SECOND LIEUTENANT, QUARTERMASTER CORPS, WITH OVER FOUR YEARS' SERVICE - $80.75 - PLUS ARMORY DRILL PAY FOR TWO DRILLS ATTENDED DURING THE PERIOD FROM JUNE 19 TO 30, 1950, BOTH DATES INCLUSIVE, AS A FIRST LIEUTENANT, CAVALRY, WITH OVER FOURS YEARS' SERVICE - $18.53 - OR A TOTAL OF $99.28, LESS $17.87 FOR TAXES WITHHELD. ALSO, IT IS PROPOSED THEREON TO PAY LIEUTENANT WALL THE SUM OF $45.13 FOR THE FIVE DRILLS ATTENDED BY HIM AS A SECOND LIEUTENANT, QUARTERMASTER CORPS, WITH OVER EIGHT YEARS' SERVICE DURING THE PERIOD FROM APRIL 11, 1950, TO MAY 9, 1950, BOTH DATES INCLUSIVE.

INSOFAR AS HERE PERTINENT, PARAGRAPH 22B, NATIONAL GUARD REGULATIONS NO. 20, DATED DECEMBER 11, 1947, AS CHANGED BY CHANGES NO. 3, DATED NOVEMBER 22, 1948, PROVIDES AS FOLLOWS:

"B. INVOLVING CHANGE. - A TRANSFER INVOLVING A CHANGE IN GRADE, OR IN ARM OR SERVICE, REQUIRES A NEW APPOINTMENT AND OATH OF OFFICE, AND THE OFFICER IN QUESTION MUST AGAIN SEEK FEDERAL RECOGNITION. IN SUCH CASES, RECOGNITION INVOLVES THE SAME APPLICATION, PROCEDURE, AND EXAMINATION AS PRESCRIBED FOR AN ORIGINAL APPOINTMENT. ***"

AS TO "REDESIGNATION", PARAGRAPH 8, NATIONAL GUARD REGULATIONS NO. 15, JUNE 25, 1948, CONTAINS THE FOLLOWING:

"8. CONVERSION, REORGANIZATION, AND REDESIGNATION. - A. DEFINITIONS.

"(3) TO REDESIGNATE. - TO CHANGE THE OFFICIAL NAME AND/OR NUMBER OF A UNIT. THE REDESIGNATION OF A UNIT HAS THE EFFECT OF REMOVING THE ORIGINAL DESIGNATION FROM CURRENT RECORDS AND SUBSTITUTING THE NEW DESIGNATION.

"B. PROCEDURE. - SPECIFIC AUTHORITY FOR THE *** REDESIGNATION OF A UNIT MUST BE OBTAINED IN EACH CASE. THE APPLICATION SHOULD BE ORIGINATED BY THE STATE AUTHORITIES CONCERNED AND BE ADDRESSED TO THE CHIEF, NATIONAL GUARD BUREAU. IN A CASE OF REDESIGNATION ONLY, NO SPECIAL INSPECTION IS REQUIRED. *** AFTER RECEIPT OF AUTHORITY TO REDESIGNATE A UNIT, THE STATE AUTHORITIES SHOULD ISSUE ORDERS FOR THE *** REDESIGNATION, INDICATING THE DATE ON WHICH IT IS EFFECTIVE ***."

IN DECISION OF NOVEMBER 21, 1950, 30 COMP. GEN. 199, IT WAS HELD THAT (QUOTING THE SYLLABUS):

"A FEDERALLY RECOGNIZED NATIONAL GUARD ENGINEER OFFICER WHO TRANSFERRED TO THE AIR FORCE NATIONAL GUARD AND ASSUMED THE DUTIES OF THE AIR FORCE POSITION, ALTHOUGH NOT AT THAT TIME FEDERALLY RECOGNIZED AS AN AIR FORCE OFFICER, IS NOT ENTITLED TO FEDERAL PAY UNDER THE NATIONAL DEFENSE ACT, AS AMENDED, FOR ANY DRILLS OR FIELD TRAINING PERFORMED IN THE NEW POSITION PRIOR TO THE DATE HE WAS FEDERALLY RECOGNIZED AS AN OFFICER IN THE AIR FORCE NATIONAL GUARD."

INASMUCH AS LIEUTENANT THOMA WAS A MEMBER OF THE 3563RD TRANSPORTATION TRUCK COMPANY WHEN THAT ORGANIZATION WAS "REDESIGNATED" AS COMPANY B, 121ST HEAVY TANK BATTALION, ON FEBRUARY 1, 1949, HE CONTINUED TO BE AN OFFICER OF THE SAME ORGANIZATION - UNDER ITS NEW NAME - AFTER SUCH REDESIGNATION AND, IT DOES NOT APPEAR THAT THE APPLICABLE REGULATIONS CONTEMPLATED THAT NEW FEDERAL RECOGNITION IN HIS CASE WOULD BE NECESSARY UNTIL HE WAS PROMOTED OR ACTUALLY WAS TRANSFERRED FROM THE QUARTERMASTER CORPS TO ANOTHER ARM OR SERVICE. COMPARE A-44069, AUGUST 27, 1932; B- 13174, MARCH 13, 1941; AND B-14447, MARCH 27, 1941.

ACCORDINGLY, LIEUTENANT THOMA MAY BE PAID AS A SECOND LIEUTENANT ON THE SUBMITTED SUPPLEMENTAL ARMORY DRILL PAY ROLL FOR ALL DRILLS ATTENDED AS A SECOND LIEUTENANT DURING THE PERIOD FROM APRIL 1, 1950, TO JUNE 12, 1950 (SUCH LATTER DATE BEING THE DATE PRECEDING THE DATE OF HIS ACTUAL TRANSFER FROM THE QUARTERMASTER CORPS TO THE CAVALRY), AND, IN ADDITION, HE MAY BE PAID AS A FIRST LIEUTENANT FOR THE DRILLS ATTENDED BY HIM ON JUNE 20 AND 27, 1950, AFTER HIS FEDERAL RECOGNITION AS A FIRST LIEUTENANT, CAVALRY.

LIEUTENANT WALL, A FEDERALLY RECOGNIZED SECOND LIEUTENANT, QUARTERMASTER CORPS, WAS TRANSFERRED, EFFECTIVE APRIL 9, 1950, TO THE CAVALRY AND ASSIGNED TO DUTY WITH COMPANY B, 121ST HEAVY TANK BATTALION, AND IN SUCH STATUS ATTENDED DRILLS WITH THE SAID COMPANY B. HE WAS NOT FEDERALLY RECOGNIZED AS A SECOND LIEUTENANT, CAVALRY, UNTIL MAY 15, 1950. WHILE IT APPEARS CLEAR THAT HE WAS ENTITLED TO FEDERAL PAY FOR THE DRILLS ATTENDED ON MAY 15 AND 23, AND JUNE 6, 13, 20, AND 27, 1950, SUBSEQUENT TO HIS RECOGNITION AS A SECOND LIEUTENANT, CAVALRY, AS PAID ON THE ABOVE-CITED ORIGINAL ARMORY DRILL PAY ROLL, HE IS NOT ENTITLED TO PAY FOR DRILLS PERFORMED ON APRIL 11, 18, AND 25, AND MAY 2 AND 9, 1950, SINCE HE HAD BEEN TRANSFERRED FROM THE QUARTERMASTER CORPS ON APRIL 9, 1950, AND DID NOT BECOME A FEDERALLY RECOGNIZED CAVALRY OFFICER UNTIL MAY 15, 1950.

THE SUPPLEMENTAL ARMORY DRILL PAY ROLL, WHICH, WITH SUPPORTING PAPERS, IS RETURNED HEREWITH, SHOULD BE CHANGED TO ACCORD WITH THE FOREGOING AND AFTER BEING SO CHANGED MAY BE PAID IF OTHERWISE CORRECT.