B-116338, NOVEMBER 27, 1953, 33 COMP. GEN. 232

B-116338: Nov 27, 1953

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EVEN THOUGH THE REDESIGNATION ORDER IS NOT DELIVERED TO THE UNIT UNTIL THE DAY SUCH TRAINING ASSEMBLY IS HELD. REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE RECORD SHOWS THAT THE ORGANIZATION MENTIONED ABOVE WAS A CLASS B RESERVE UNIT. IT WAS REDESIGNATED AS AN EARLY ACTIVE RESERVE UNIT. IT WAS AUTHORIZED TO HOLD 48 PAID TRAINING ASSEMBLIES PER YEAR. WAS DATE-STAMPED JULY 8. WAS DELIVERED TO THE UNIT THROUGH REGULAR MAIL CHANNELS AT ITS FIRST MEETING IN JULY 1952. THAT IS. IT IS FURTHER SHOWN THAT 40 PERCENT OF THE ORGANIZATION'S ENLISTED MEMBERS ATTENDED THE MEETING OF JULY 14. SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR EACH REGULAR PERIOD OF INSTRUCTION OR PERIOD OF DUTY AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS.

B-116338, NOVEMBER 27, 1953, 33 COMP. GEN. 232

PAY - DRILL - ORGANIZED RESERVE CORPS - ENLISTED ATTENDANCE REQUIREMENTS OFFICERS OF AN ORGANIZED RESERVE CORPS UNIT WHO, ON THE EFFECTIVE DATE OF AN ORDER REDESIGNATING THE UNIT AS AN EARLY ACTIVE RESERVE UNIT AUTHORIZED TO HOLD 48 PAID TRAINING ASSEMBLIES PER YEAR, ATTEND A TRAINING ASSEMBLY AT WHICH THE UNIT FAILS TO ATTAIN 60 PERCENT ATTENDANCE OF THE ENLISTED MEMBERS AS REQUIRED FOR UNITS AUTHORIZED 48 PAID TRAINING ASSEMBLIES TO ENTITLE ITS OFFICERS TO PAY FOR ATTENDANCE MAY NOT BE PAID FOR ATTENDING SUCH ASSEMBLY, EVEN THOUGH THE REDESIGNATION ORDER IS NOT DELIVERED TO THE UNIT UNTIL THE DAY SUCH TRAINING ASSEMBLY IS HELD.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL E. M. TEEL, DEPARTMENT OF THE ARMY, NOVEMBER 27, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE, BY FIRST ENDORSEMENT OF JULY 22, 1953, YOUR LETTER OF JUNE 16, 1953, PRESENTING SUPPLEMENTAL PAYROLL OF THE OFFICERS OF HEADQUARTERS AND HEADQUARTERS BATTALION, 9857TH ORASU, ENGINEER REPLACEMENT TRAINING CENTER, DETACHMENT NO. 5, FOR AN ASSEMBLY HELD ON JULY 14, 1952, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

THE RECORD SHOWS THAT THE ORGANIZATION MENTIONED ABOVE WAS A CLASS B RESERVE UNIT, ENTITLED TO 24 PAY ASSEMBLIES ANNUALLY AND THAT BY GENERAL ORDER 74, HEADQUARTERS FIFTH ARMY, DATED JUNE 27, 1952, IT WAS REDESIGNATED AS AN EARLY ACTIVE RESERVE UNIT. AS SUCH, IT WAS AUTHORIZED TO HOLD 48 PAID TRAINING ASSEMBLIES PER YEAR. THE SAID ORDER, STATED TO BE EFFECTIVE JULY 1, 1952, WAS DATE-STAMPED JULY 8, 1952, BY HEADQUARTERS, MISSOURI MILITARY DISTRICT, AND WAS DELIVERED TO THE UNIT THROUGH REGULAR MAIL CHANNELS AT ITS FIRST MEETING IN JULY 1952, THAT IS, ON JULY 14, 1952. IT IS FURTHER SHOWN THAT 40 PERCENT OF THE ORGANIZATION'S ENLISTED MEMBERS ATTENDED THE MEETING OF JULY 14, 1952. YOU QUESTION WHETHER PAYMENT MAY BE MADE TO THE OFFICERS OF THE UNIT FOR THE ASSEMBLY HELD ON THAT DATE IN VIEW OF THE FAILURE OF THE UNIT TO ATTAIN 60 PERCENT ATTENDANCE OF THE ENLISTED MEMBERS AS REQUIRED BY PARAGRAPH 6B (1) (A), ARMY REGULATIONS 140-250, FOR UNITS AUTHORIZED 48 PAID TRAINING ASSEMBLIES PER YEAR.

SECTION 501 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE, MEMBERS OF THE ORGANIZED RESERVE CORPS, AMONG OTHERS, SHALL BE ENTITLED TO RECEIVE COMPENSATION FOR EACH REGULAR PERIOD OF INSTRUCTION OR PERIOD OF DUTY AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, PROVIDED THAT FOR EACH OF THE SEVERAL CLASSES OF ORGANIZATIONS PRESCRIBED FOR THE ORGANIZED RESERVE CORPS, THE SECRETARY CONCERNED SHALL PRESCRIBE THE MINIMUM STANDARDS WHICH MUST BE MET BEFORE AN ASSEMBLY FOR A DRILL OR OTHER EQUIVALENT PERIOD OF TRAINING MAY BE CREDITED FOR PAY PURPOSES, WHICH MINIMUM STANDARDS MAY REQUIRE THE PRESENCE FOR DUTY OF OFFICERS AND ENLISTED PERSONNEL EQUAL TO OR IN EXCESS OF A MINIMUM NUMBER OR PERCENTAGE OF UNIT STRENGTH FOR A SPECIFIED PERIOD OF TIME WITH PARTICIPATION IN A PRESCRIBED CHARACTER OF TRAINING.

PARAGRAPH 6B (1) (A), ARMY REGULATIONS 140-250, DATED MAY 25, 1950, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT OFFICERS ASSIGNED TO UNITS AUTHORIZED 48 PAID TRAINING ASSEMBLIES PER ANNUM ARE ENTITLED TO PAY FOR ATTENDANCE AT ANY PAID TRAINING ASSEMBLIES OF THE UNITS TO WHICH ASSIGNED WHERE ATTENDANCE IS AT LEAST 60 PERCENT OF THE UNIT'S ASSIGNED ENLISTED STRENGTH. PARAGRAPH 6B (A) OF THE SAME REGULATION PROVIDES THAT RESERVISTS ASSIGNED TO UNITS AUTHORIZED LESS THAN 48 PAID TRAINING ASSEMBLIES WILL BE PAID ON AN INDIVIDUAL ATTENDANCE BASIS AND THAT PAYMENT IS AUTHORIZED FOR ATTENDANCE AT EACH PAID TRAINING ASSEMBLY OF THE UNIT TO WHICH ASSIGNED. THUS, AT THE TIME THE ORDERS OF JUNE 27, 1952, WERE ISSUED THE UNIT HERE INVOLVED WAS NOT REQUIRED TO HAVE AN ATTENDANCE OF 60 PERCENT OF ITS ENLISTED STRENGTH AT AN ASSEMBLY TO ENTITLE ITS OFFICERS TO PAY FOR SUCH ASSEMBLY.

PARAGRAPH 6, SPECIAL REGULATIONS 310-110-1, DATED MAY 5, 1952, PROVIDES THAT ORDERS AFFECTING THE COMMAND AS A WHOLE, OR WHICH ARE OF GENERAL APPLICATION, ARE EFFECTIVE ON THE DATE OF THE ORDERS UNLESS (1) A LATER DATE IS SPECIFIED; (2) SUCH ORDERS ARE IN CONFIRMATION OF ORAL ORDERS PREVIOUSLY ISSUED; OR (3) REGULATIONS SPECIFY SOME OTHER DATE. IT FURTHER PROVIDES THAT ORDERS PERTAINING TO INDIVIDUALS ARE EFFECTIVE UPON RECEIPT OF THE ORDERS UNLESS OTHERWISE SPECIFIED THEREIN.

THUS, IT APPEARS THAT UNDER APPLICABLE REGULATIONS THE ORDERS OF JUNE 27, 1952, SHOULD BE CONSIDERED AS HAVING BECOME EFFECTIVE ON JULY 1, 1952, AND THAT IN NO EVENT MAY THE EFFECTIVE DATE BE CONSIDERED TO BE LATER THAN JULY 14, 1952. SINCE THE ASSEMBLY WAS HELD ON THE LATTER DATE AND SINCE THE REQUIREMENTS FOR PAY PURPOSES WERE NOT MET, PAYMENT ON THE SUPPLEMENTAL PAYROLL IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THIS OFFICE.