B-116110, APRIL 16, 1954, 33 COMP. GEN. 467

B-116110: Apr 16, 1954

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PAY - NATIONAL GUARD - ADMINISTRATIVE FUNCTION PAY UNDER NATIONAL GUARD REGULATIONS WHICH PROVIDE THAT BATTALION COMMANDING OFFICERS ARE ENTITLED TO ADMINISTRATIVE FUNCTION PAY AT RATE OF $120 PER ANNUM WHERE AUTHORIZED ENLISTED STRENGTH OF COMMAND IS LESS THAN 48 MEN AND $240 PER ANNUM IN ALL OTHER CASES. THE COMMANDING OFFICER OF A FEDERALLY RECOGNIZED NATIONAL GUARD MEDICAL BATTALION HAVING AN AUTHORIZED ENLISTED STRENGTH OF LESS THAN 48 MEN IS ENTITLED TO ADMINISTRATIVE FUNCTION PAY AT THE RATE OF $120 PER ANNUM. THE FACT THAT A SEPARATE AMBULANCE COMPANY WAS "ATTACHED" TO SUCH BATTALION. TRANSMITTING FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE SAID SUPPLEMENTAL VOUCHERS ARE STATED IN THE AGGREGATE AMOUNT OF $799.33 IN FAVOR COLONEL PAUL G.

B-116110, APRIL 16, 1954, 33 COMP. GEN. 467

PAY - NATIONAL GUARD - ADMINISTRATIVE FUNCTION PAY UNDER NATIONAL GUARD REGULATIONS WHICH PROVIDE THAT BATTALION COMMANDING OFFICERS ARE ENTITLED TO ADMINISTRATIVE FUNCTION PAY AT RATE OF $120 PER ANNUM WHERE AUTHORIZED ENLISTED STRENGTH OF COMMAND IS LESS THAN 48 MEN AND $240 PER ANNUM IN ALL OTHER CASES, THE COMMANDING OFFICER OF A FEDERALLY RECOGNIZED NATIONAL GUARD MEDICAL BATTALION HAVING AN AUTHORIZED ENLISTED STRENGTH OF LESS THAN 48 MEN IS ENTITLED TO ADMINISTRATIVE FUNCTION PAY AT THE RATE OF $120 PER ANNUM, AND THE FACT THAT A SEPARATE AMBULANCE COMPANY WAS "ATTACHED" TO SUCH BATTALION, THEREBY INCREASING THE BATTALION'S AUTHORIZED ENLISTED STRENGTH TO MORE THAN 48 MEN, DOES NOT ENTITLE SUCH OFFICER TO ADMINISTRATIVE FUNCTION PAY AT RATE OF $240 PER ANNUM.

ACTING COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL N. B. BRANCH, DEPARTMENT OF THE ARMY, APRIL 16, 1954:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF MAY 28, 1953, TRANSMITTING FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED, SUPPLEMENTAL PAYROLL VOUCHERS OF HEADQUARTERS AND HEADQUARTERS DETACHMENT, 212TH MEDICAL BATTALION ( SEPARATE), OHIO NATIONAL GUARD, COVERING THE PERIOD FEBRUARY 24, 1949, TO OCTOBER 31, 1952. THE SAID SUPPLEMENTAL VOUCHERS ARE STATED IN THE AGGREGATE AMOUNT OF $799.33 IN FAVOR COLONEL PAUL G. HANSEN, REPRESENTING ADMINISTRATIVE FUNCTION PAY AT THE RATE OF $240 PER YEAR UNDER THE PROVISIONS OF SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, SECTION 501 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 826, AND THE NATIONAL GUARD REGULATIONS PROMULGATED PURSUANT THERETO.

THE ORIGINAL ARMORY DRILL PAYROLL VOUCHERS OF THE HEADQUARTERS AND HEADQUARTERS DETACHMENT, 212TH MEDICAL BATTALION ( SEPARATE), ON FILE IN THIS OFFICE, SHOW THAT THE OFFICER WAS PAID ADMINISTRATIVE FUNCTION PAY AS COMMANDING OFFICER OF THE 212TH MEDICAL BATTALION ( SEPARATE) AT THE RATE OF $240 PER YEAR FOR THE PERIOD FEBRUARY 24, 1949 THROUGH JULY 31, 1951, AND AT THE RATE OF $120 PER YEAR FROM NOVEMBER 1951 THROUGH JANUARY 31, 1952, IN THE AGGREGATE AMOUNT OF $571.33. NO PAYMENT OF ADMINISTRATIVE FUNCTION PAY APPEARS TO HAVE BEEN MADE FOR THE PERIOD AUGUST 1 THROUGH OCTOBER 31, 1951, NOR FOR ANY PERIOD AFTER JANUARY 31, 1952.

IT APPEARS THAT THE LOCAL FINANCE OFFICER DECIDED THAT ALL PAYMENTS OF ADMINISTRATIVE FUNCTION PAY WHICH HAD BEEN MADE TO COLONEL HANSEN SINCE FEBRUARY 24, 1949, WERE ERRONEOUS, AND AS A PROCEDURAL METHOD OF OBTAINING A DECISION AS TO WHETHER THE OFFICER WAS ENTITLED TO ANYTHING, AND IN WHAT AMOUNT, THE SUPPLEMENTAL PAYROLLS WERE PREPARED IN FAVOR OF THE PAYEE ON THE PROPOSITION THAT HE IS ENTITLED TO BE PAID AT THE RATE OF $240 PER ANNUM AND THAT ANY AMOUNT PREVIOUSLY PAID IS TO BE DEDUCTED FROM THE AMOUNT SO ALLOWED. WHILE THIS METHOD OF APPLYING FOR A DECISION FROM THIS OFFICE IS NOT STRICTLY PROPER, THE MATTER WILL BE CONSIDERED IN ORDER TO AVOID FURTHER DELAY.

PARAGRAPH 29D, NGR 58, CHANGE 2, DATED JANUARY 26, 1948, PROVIDES THAT IN ALL BATTALIONS, EXCEPT WITHIN INFANTRY REGIMENTS, THE BATTALION COMMANDER IS ENTITLED TO ADMINISTRATIVE FUNCTION PAY PROVIDED SUCH COMMANDER HAS FAITHFULLY PERFORMED THE ADMINISTRATIVE FUNCTIONS CONNECTED WITH DUTIES OTHER THAN DRILLING OR TRAINING OF TROOPS.

PARAGRAPH 30 OF THE SAID REGULATIONS PROVIDES THAT---

30. RATE OF ADMINISTRATIVE FUNCTION PAY.--- REGARDLESS OF GRADE OF OFFICER OR ACTUAL STRENGTH OF A UNIT, ADMINISTRATIVE FUNCTION PAY WILL BE PAID TO THOSE OFFICERS ENTITLED TO RECEIVE IT, AT THE FOLLOWING RATES PER YEAR:

A. THE SUM OF $120 WHERE THE ULTIMATE AUTHORIZED ENLISTED STRENGTH OF THEIR COMMAND IS LESS THAN 48.

B. THE SUM OF $240 IN ALL OTHER CASES.

IT APPEARS THAT, EFFECTIVE FEBRUARY 24, 1949, FEDERAL RECOGNITION WAS EXTENDED SIMULTANEOUSLY TO THE 212TH MEDICAL BATTALION ( SEPARATE), OHIO NATIONAL GUARD, AND TO COLONEL HANSEN AS ITS COMMANDING OFFICER. HOWEVER, THE UNITS COMPRISING THE SAID BATTALION NEVER CONSISTED OF MORE THAN THE HEADQUARTERS AND HEADQUARTERS DETACHMENT, HAVING AN AUTHORIZED ENLISTED STRENGTH OF LESS THAN FORTY-EIGHT MEN. THE QUESTION AS TO THE RATE OF ADMINISTRATIVE FUNCTION PAY PROPERLY PAYABLE IN THIS CASE ARISES BY VIRTUE OF THE FACT THAT COLONEL HANSEN'S EFFORTS TO ORGANIZE THE BATTALION INTO MORE THAN THE HEADQUARTERS AND HEADQUARTERS DETACHMENT HAVE BEEN UNSUCCESSFUL. THE THEORY HAS BEEN ADVANCED BY COLONEL HANSEN THAT SINCE A SEPARATE AMBULANCE COMPANY WAS "ATTACHED" TO THE 212TH MEDICAL BATTALION DURING A PART OF THE PERIOD INVOLVED, THEREBY INCREASING THE AUTHORIZED ENLISTED STRENGTH OF THE BATTALION TO MORE THAN FORTY-EIGHT MEN, THE PAYMENTS PREVIOUSLY MADE AT THE RATE OF $240 PER ANNUM ARE PROPER. ON THE OTHER HAND, THE FINANCE OFFICER EXPRESSES THE VIEW THAT UNLESS, UNDER PERTINENT REGULATIONS, THE BATTALION INCLUDES AT LEAST TWO COMPANIES, ITS COMMANDER IS NOT ENTITLED TO ANY ADMINISTRATIVE FUNCTION PAY.

WHILE THERE APPEARS CONSIDERABLE SUBSTANCE TO THE CONTENTIONS ADVANCED BY THE LOCAL FINANCE OFFICER RESPECTING THE MINIMUM ORGANIZATION REQUIREMENTS TO CONSTITUTE A GENUINE BATTALION, AS SUCH, AND THERE IS POINTED UP IN THIS CASE THE UNUSUAL SITUATION OF AN ORGANIZATION DESIGNATED HEADQUARTERS AND HEADQUARTERS DETACHMENT CONSISTING OF LESS THAN FORTY-EIGHT ENLISTED MEN WITH TWO COMMANDING OFFICERS, ONE FOR THE HEADQUARTERS AND HEADQUARTERS DETACHMENT CONSISTING OF LESS THAN FORTY-EIGHT ENLISTED MEN WITH TWO COMMANDING OFFICERS, ONE FOR THE HEADQUARTERS AND HEADQUARTERS DETACHMENT, AS SUCH, AND ONE FOR AN OFFICER DESIGNATED AS THE BATTALION COMMANDER, NEVERTHELESS SECTION 501 (C) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, SPECIFIES THAT THE COMMANDING OFFICER SHALL BE ENTITLED TO ADMINISTRATIVE FUNCTION PAY "UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE" AND "FOR THE PURPOSE OF DETERMINING HOW MUCH SHALL BE PAID TO SUCH OFFICERS SO PERFORMING SUCH FUNCTIONS THE SECRETARY CONCERNED MAY, FROM TIME TO TIME, DIVIDE THEM INTO CLASSES AND FIX THE AMOUNT PAYABLE TO THE OFFICERS IN EACH CLASS.' HENCE, NOTWITHSTANDING THE UNUSUAL SITUATION JUST REFERRED TO, THE MATTER PRIMARILY IS MILITARY IN CHARACTER AND SUCH UNIT HAVING BEEN FEDERALLY RECOGNIZED AS A BATTALION, THE STATUTORY REGULATIONS SUPPLY THE BASIS FOR PAY.

WHILE THE 151ST MOTOR AMBULANCE COMPANY ( SEPARATE), ( PAULDING, OHIO), MAY HAVE BEEN "ATTACHED" TO THIS BATTALION FROM FEBRUARY 24, 1949, THE DATE OF FEDERAL RECOGNITION OF THE BATTALION, TO AUGUST 18, 1950, WHEN THE AMBULANCE COMPANY WAS ORDERED INTO FEDERAL SERVICE, THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE AMBULANCE COMPANY BECAME AN INTEGRAL PART OF THE 212TH MEDICAL BATTALION, OR THAT ITS STRENGTH WAS TO BE CONSIDERED AS PART OF THE AUTHORIZED STRENGTH OF THE BATTALION FOR PURPOSES OF ADMINISTRATIVE FUNCTION PAY.

FROM THE CERTIFICATES ON THE VOUCHERS AND OTHER DATA, COLONEL HANSEN APPEARS TO HAVE FAITHFULLY PERFORMED THE ADMINISTRATIVE DUTIES OF HIS ORGANIZATION AS REQUIRED BY THE REGULATIONS, AND SINCE IT DOES NOT APPEAR THAT THE AUTHORIZED ENLISTED STRENGTH OF HIS FEDERALLY RECOGNIZED COMMAND EXCEEDED FORTY-EIGHT MEN AT ANY TIME DURING THE PERIOD FEBRUARY 24, 1949 THROUGH OCTOBER 31, 1952, HE IS CONSIDERED TO HAVE BEEN ENTITLED TO RECEIVE ADMINISTRATIVE FUNCTION PAY AT THE RATE OF $120 PER ANNUM FOR THE PERIODS HE PERFORMED ADMINISTRATIVE DUTIES.

ACCORDINGLY, NECESSARY ADJUSTMENT OF THE ADMINISTRATIVE FUNCTION PAY OF COLONEL HANSEN FOR THE PERIOD FROM FEBRUARY 24, 1949 TO OCTOBER 31, 1952, SHOULD BE MADE TO EFFECT PAYMENT TO HIM AT THE RATE OF $120 PER ANNUM FOR SAID PERIOD, IF OTHERWISE PROPER.

THE SUPPLEMENTAL PAYROLLS AND SUPPORTING PAPERS TRANSMITTED WITH YOUR LETTER ARE RETURNED HEREWITH.