B-109694, NOVEMBER 4, 1952, 32 COMP. GEN. 217

B-109694: Nov 4, 1952

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IT APPEARS THAT THE UNIT WAS ORGANIZED AS A CLASS "C" UNIT UNDER AUTHORITY OF PARAGRAPH 1. WAS EXPANDED. DRILL PAYMENTS WERE MADE FOR A TOTAL OF 24 DRILLS FOR THE PERIOD FROM DECEMBER 7. THE COMPUTATION ON WHICH PAYMENT HAS BEEN MADE WAS ON THE BASIS THAT A CLASS "C" UNIT WAS ENTITLED TO PAY FOR A MAXIMUM OF 24 TRAINING ASSEMBLIES DURING THE YEAR. SINCE THE UNIT WAS A CLASS "C" UNIT FOR ONLY TWO MONTHS IN THE YEAR. THEY WERE ENTITLED TO PAYMENT FOR 1/12 OF 24 TRAINING ASSEMBLIES OR 4 ASSEMBLIES. SINCE A CLASS "A" UNIT WAS ENTITLED TO PAY FOR A MAXIMUM OF 48 TRAINING ASSEMBLIES DURING THE YEAR. SINCE THE UNIT WAS A CLASS "A" UNIT FOR ONLY FIVE MONTHS IN THE YEAR. THEY WERE ENTITLED TO PAYMENT FOR 5/12 OF 48 TRAINING ASSEMBLIES.

B-109694, NOVEMBER 4, 1952, 32 COMP. GEN. 217

PAY - DRILL - ORGANIZED RESERVE CORPS - UNITS ORGANIZED FOR PORTION OF FISCAL YEAR IN VIEW OF THE ABSENCE IN PRESENT REGULATIONS FOR THE ORGANIZED RESERVE CORPS OF ANY PROVISION WHICH WOULD LIMIT A UNIT ORGANIZED FOR A PART OF A YEAR TO PAYMENT FOR A PROPORTIONATE NUMBER OF THE MAXIMUM NUMBER OF ASSEMBLIES AUTHORIZED FOR THAT YEAR, PAYMENT MAY BE MADE FOR THE AUTHORIZED NUMBER OF ASSEMBLIES FOR A UNIT SUBJECT ONLY TO THE RESTRICTION IN SAID REGULATIONS ON THE NUMBER OF AUTHORIZED ASSEMBLIES FOR A CALENDAR MONTH OR FOR A THREE-MONTH PERIOD FOR WHICH PAYMENT MAY BE MADE.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. R. A. LOCKWOOD, DEPARTMENT OF THE ARMY, NOVEMBER 4, 1952:

BY ST ENDORSEMENT DATED MAY 13, 1952, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF MARCH 27, 1952, REQUESTING AN ADVANCE DECISION ON A SUPPLEMENTAL PAY ROLL COVERING PROPOSED PAYMENT FOR 10 TRAINING ASSEMBLIES FOR THE QUARTER ENDING JULY 31, 1951, FOR OFFICERS AND ENLISTED MEN OF THE 1028TH ORGANIZED RESERVE AREA SERVICE UNIT, KEARNY ORGANIZED RESERVE CORPS SCHOOL, KEARNY SHIPYARDS, KEARNY, NEW JERSEY.

IT APPEARS THAT THE UNIT WAS ORGANIZED AS A CLASS "C" UNIT UNDER AUTHORITY OF PARAGRAPH 1, SECTION III, GENERAL ORDERS NO. 53, HEADQUARTERS NEW JERSEY MILITARY DISTRICT, DATED AND EFFECTIVE DECEMBER 7, 1950, AND WAS EXPANDED, EFFECTIVE FEBRUARY 1, 1951, TO A CLASS "A" UNIT UNDER AUTHORITY OF SECTION III, GENERAL ORDERS NO. 2, SAME HEADQUARTERS, DATED JANUARY 26, 1951. YOU INDICATE THAT ON THE BASIS OF THE ABOVE ORDERS AND THE PROVISIONS OF PARAGRAPH 6A (1), AR 140-250, DATED MAY 25, 1950, AND CHANGES NO. 3 THEREIN, DATED DECEMBER 18, 1950, DRILL PAYMENTS WERE MADE FOR A TOTAL OF 24 DRILLS FOR THE PERIOD FROM DECEMBER 7, 1950, TO JULY 31, 1951, AS FOLLOWS: PERIOD

ASSEMBLIES VOUCHER NO. D.O. DEC. 7, 1950, TO

JAN. 31, 1951----------- 7 144041, MAR. 51- W. C. STEIGER FEB. 1, 1951, TO

APR. 30, 1951----------- 16 11717, MAY 51--- R. A. LOCKWOOD MAY 1, 1951, TO

JULY 31, 1951----------- 1 58270, AUG. 51-- DO.

YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT TO THE MEMBERS OF THE UNIT FOR ANY ASSEMBLIES IN EXCESS OF 24 SEEMS TO BE DUE TO THE USE OF TWO DIFFERENT METHODS OF COMPUTATION IN ARRIVING AT THE NUMBER OF AUTHORIZED PAID ASSEMBLIES IN VIEW OF THE CHANGE FEBRUARY 1, 1951, FROM A CLASS "C" TO A CLASS "A" UNIT. THE COMPUTATION ON WHICH PAYMENT HAS BEEN MADE WAS ON THE BASIS THAT A CLASS "C" UNIT WAS ENTITLED TO PAY FOR A MAXIMUM OF 24 TRAINING ASSEMBLIES DURING THE YEAR, AND SINCE THE UNIT WAS A CLASS "C" UNIT FOR ONLY TWO MONTHS IN THE YEAR, THEY WERE ENTITLED TO PAYMENT FOR 1/12 OF 24 TRAINING ASSEMBLIES OR 4 ASSEMBLIES. LIKEWISE, SINCE A CLASS "A" UNIT WAS ENTITLED TO PAY FOR A MAXIMUM OF 48 TRAINING ASSEMBLIES DURING THE YEAR, AND SINCE THE UNIT WAS A CLASS "A" UNIT FOR ONLY FIVE MONTHS IN THE YEAR, THEY WERE ENTITLED TO PAYMENT FOR 5/12 OF 48 TRAINING ASSEMBLIES, OR 20 ASSEMBLIES, A TOTAL OF 24 DURING THE FISCAL YEAR. THAT VIEW PRESUMABLY IS BASED ON DECISION OF THIS OFFICE DATED OCTOBER 18, 1939, B-5652, WHEREIN IT WAS HELD THAT A NATIONAL GUARD UNIT WHICH WAS FEDERALLY RECOGNIZED ON OCTOBER 1, 1938, WAS ENTITLED TO PAYMENT FOR ONLY 9/12 OF THE MAXIMUM NUMBER OF DRILLS AUTHORIZED FOR THAT FISCAL YEAR. WHILE THE CONCLUSION REACHED IN THAT DECISION WAS CORRECT UNDER THE LAWS THEN IN EFFECT, SUCH LAWS HAVE BEEN MATERIALLY CHANGED, THE CURRENT STATUTORY PROVISIONS BEING CONTAINED IN SECTION 501 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, WHICH READS, IN PERTINENT PART, AS FOLLOWS:

* * * PROVIDED, THAT FOR EACH OF THE SEVERAL CLASSES OF ORGANIZATIONS PRESCRIBED FOR THE * * * ORGANIZED RESERVE CORPS * * * THE SECRETARY CONCERNED--- * * * * * * * *

(2) SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES, WHICH MAY BE COUNTED FOR PAY PURPOSES IN EACH FISCAL YEAR;

(3) SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, IR DUTY OR APPROPRIATE DUTIES WHICH CAN BE COUNTED FOR PAY PURPOSES IN LESSER PERIODS OF TIME * * *. (ITALICS SUPPLIED.)

NOTHING IS FOUND IN THE PRESENT REGULATIONS FOR THE ORGANIZED RESERVE CORPS WHICH WOULD LIMIT A UNIT ORGANIZED FOR ONLY A PORTION OF THE YEAR TO PAYMENT FOR ONLY A PROPORTIONATE NUMBER OF THE MAXIMUM NUMBER OF ASSEMBLIES AUTHORIZED FOR SUCH YEAR. (COMPARE DECISION OF NOVEMBER 28, 1951, 31 COMP. GEN. 193.) THE ONLY RESTRICTION FOUND IN SUCH REGULATIONS IS THAT OF THE TOTAL NUMBER OF PAID TRAINING ASSEMBLIES AUTHORIZED NOT MORE THAN 35 PERCENT SHALL BE HELD DURING ANY THREE MONTH PERIOD AND NOT MORE THAN 20 PERCENT SHALL BE HELD DURING ANY ONE CALENDAR MONTH. PAYMENT FOR THE 10 TRAINING ASSEMBLIES HELD DURING THE QUARTER ENDING JULY 31, 1951, WOULD NOT VIOLATE THAT RESTRICTION. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF IT IS OTHERWISE CORRECT.

IN CONNECTION WITH SUCH SUPPLEMENTAL PAY ROLL YOUR ATTENTION IS INVITED TO PARAGRAPH 2.1, SPECIAL REGULATIONS 35-3420-1, CHANGE 5, DATED JUNE 14, 1951.