B-116516, FEBRUARY 1, 1954, 33 COMP. GEN. 326

B-116516: Feb 1, 1954

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SUCH PROVISION WAS OMITTED IN SUPERSEDING REGULATIONS EFFECTIVE APRIL 1. THEREFORE A RESERVE ARMY OFFICER WHO IS ASSIGNED TO A RESERVE UNIT. 1954: REFERENCE IS MADE TO YOUR LETTER OF JULY 15. MAJOR SHARPSTENE AND CAPTAIN HARRIS WERE RELIEVED FROM ASSIGNMENT TO THAT ORGANIZATION AND ASSIGNED TO THE 815TH STATION HOSPITAL. SUCH ORDERS DID NOT DESIGNATE THE POSITION VACANCIES TO WHICH THEY WERE ASSIGNED. YOU INDICATE THAT DOUBT HAS ARISEN AS TO THE OFFICERS RIGHTS TO THE INACTIVE DUTY TRAINING PAY CLAIMED BY REASON OF THE FACT THAT THEY WERE IN EXCESS OF THE STRENGTH AUTHORIZED BY T/O AND E 8-560 FOR THE 815TH STATION HOSPITAL AND THAT THEY FILLED NO ASSIGNED BILLETS OR POSITIONS IN THAT ORGANIZATION PRIOR TO NOVEMBER 13.

B-116516, FEBRUARY 1, 1954, 33 COMP. GEN. 326

PAY - DRILL - ORGANIZED RESERVE CORPS - TRAINING ASSEMBLIES - OFFICERS IN EXCESS OF UNITS AUTHORIZED T/O AND E STRENGTH WHILE DEPARTMENT OF ARMY CIRCULAR NO. 201, 1948, AS AMENDED, PROVIDED THAT RESERVE OFFICERS NEED ONLY BE MEMBERS OF THE ACTIVE RESERVE TO BE ELIGIBLE TO RECEIVE INACTIVE DUTY TRAINING PAY, SUCH PROVISION WAS OMITTED IN SUPERSEDING REGULATIONS EFFECTIVE APRIL 1, 1950, AND THEREFORE A RESERVE ARMY OFFICER WHO IS ASSIGNED TO A RESERVE UNIT, BUT NOT ASSIGNED TO A SPECIFIC JOB OR BILLET UNDER THE TABLE OF ORGANIZATION AND EQUIPMENT ( T/O AND E) OF THE UNIT, MAY BE PAID RESERVE INACTIVE DUTY TRAINING PAY FOR ATTENDANCE AT TRAINING ASSEMBLIES ONLY FOR PERIOD PRIOR TO APRIL 1, 1950.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO COLONEL R. SILVERMAN, DEPARTMENT OF THE ARMY, FEBRUARY 1, 1954:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1953, TRANSMITTED HERE BY FIRST ENDORSEMENT OF AUGUST 3, 1953, FROM THE CHIEF OF FINANCE, REQUESTING ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF ACCOMPANYING PAYROLL VOUCHERS COVERING THE CLAIMS OF MAJOR JOHN A. SHARPSTENE, MSC-USAR, XXX-XX-XXXX, AND CAPTAIN JAMES C. HARRIS, MSC-USAR, 10531912, FOR RESERVE INACTIVE DUTY TRAINING PAY FOR ATTENDANCE AT TRAINING ASSEMBLIES OF THE 815TH STATION HOSPITAL, PLATTSBURG, NEW YORK, DURING THE PERIOD FROM FEBRUARY 8 TO OCTOBER 31, 1950.

BY SPECIAL ORDERS NO. 1, DATED FEBRUARY 8, 1950, OF HEADQUARTERS 346TH GAS TREATMENT BN., MALONE, NEW YORK, MAJOR SHARPSTENE AND CAPTAIN HARRIS WERE RELIEVED FROM ASSIGNMENT TO THAT ORGANIZATION AND ASSIGNED TO THE 815TH STATION HOSPITAL. SUCH ORDERS DID NOT DESIGNATE THE POSITION VACANCIES TO WHICH THEY WERE ASSIGNED. YOU INDICATE THAT DOUBT HAS ARISEN AS TO THE OFFICERS RIGHTS TO THE INACTIVE DUTY TRAINING PAY CLAIMED BY REASON OF THE FACT THAT THEY WERE IN EXCESS OF THE STRENGTH AUTHORIZED BY T/O AND E 8-560 FOR THE 815TH STATION HOSPITAL AND THAT THEY FILLED NO ASSIGNED BILLETS OR POSITIONS IN THAT ORGANIZATION PRIOR TO NOVEMBER 13, 1950, THE DATE OF REORGANIZATION OF THE 815TH STATION HOSPITAL UNDER T/O AND E 8-565.

THE STATUTORY AUTHORITY FOR PAYMENT TO RESERVE OFFICERS FOR ATTENDANCE AT DRILLS, TRAINING ASSEMBLIES, OR OTHER EQUIVALENT PERIODS OF DUTY, IS THAT CONTAINED IN SECTION 501 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825. UNDER THAT SECTION BROAD AUTHORITY IS VESTED IN THE SECRETARY OF THE ARMY TO PROMULGATE REGULATIONS PRESCRIBING THE CONDITIONS UNDER WHICH RESERVISTS MAY RECEIVE PAY FOR SUCH ATTENDANCE.

SECTION VIII OF DEPARTMENT OF ARMY CIRCULAR NO. 1, 1950, CONTINUED IN EFFECT THE REGULATIONS GOVERNING INACTIVE DUTY TRAINING PAY WHICH WERE IN EXISTENCE ON THE DATE OF ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949 ( DEPARTMENT OF ARMY CIRCULAR 201, 1948, AS AMENDED) PENDING ISSUANCE OF NEW REGULATIONS. THE NEW REGULATIONS ( AR 140-140: 140-250: AND 140-305) WHICH SUPERSEDED DEPARTMENT OF ARMY CIRCULAR 201 DID NOT BECOME EFFECTIVE UNTIL APRIL 1, 1950.

UNDER PARAGRAPH 12 OF DEPARTMENT OF ARMY CIRCULAR 201, 1948, AS REVISED BY SECTION II, PARAGRAPH 2, OF DEPARTMENT OF ARMY CIRCULAR NO. 42 OF MARCH 23, 1949, RESERVE OFFICERS NEED ONLY BE MEMBERS OF THE ACTIVE RESERVE TO BE ELIGIBLE TO RECEIVE INACTIVE DUTY TRAINING PAY. HENCE, IT WOULD APPEAR THAT PRIOR TO APRIL 1, 1950, THE FACT THAT MAJOR SHARPSTENE AND CAPTAIN HARRIS WERE NOT ASSIGNED BILLETS IN THE T/O AND E UNIT IN QUESTION WOULD NOT PRECLUDE THEIR RECEIVING RESERVE DUTY PAY TO WHICH OTHERWISE ENTITLED FOR ATTENDANCE AT TRAINING ASSEMBLIES. THE SUPPLEMENTAL PAYROLL COVERING THE PERIOD FEBRUARY 1 TO APRIL 30, 1950, WILL BE RETAINED IN THIS OFFICE FOR SETTLEMENT, UPON THE FOREGOING BASIS, AS A CLAIM AGAINST THE UNITED STATES--- THE APPROPRIATIONS AVAILABLE FOR TRAINING ASSEMBLY PAY FOR THE FISCAL YEAR 1950 HAVING LAPSED.

HOWEVER, THERE APPEARS TO BE NO SPECIFIC PROVISION IN THE REGULATIONS SUPERSEDING DEPARTMENT OF ARMY CIRCULAR 201, AS AMENDED, SIMILAR TO THAT APPEARING IN PARAGRAPH 12 OF THE SUPERSEDED CIRCULAR AND SUBSTANTIAL DOUBT EXISTS AS TO WHETHER DURING THE PERIOD APRIL 1 TO NOVEMBER 13, 1950, ANY AUTHORITY EXISTED FOR PAYMENT OF INACTIVE DUTY TRAINING PAY TO MAJOR SHARPSTENE AND CAPTAIN HARRIS FOR ATTENDANCE AT TRAINING ASSEMBLIES UNDER THE CIRCUMSTANCES SET FORTH IN YOUR LETTER.

IT IS UNDERSTOOD THAT A T/O AND E UNIT IS ONE ORGANIZED, MANNED, AND EQUIPPED IN ACCORDANCE WITH A PARTICULAR TABLE OF ORGANIZATION AND EQUIPMENT WHICH SPECIFIES THE NUMBER OF BILLETS OR POSITIONS INCLUDED IN SUCH UNIT. SEE THE DEFINITION OF A TABLE OF ORGANIZATION AND EQUIPMENT APPEARING IN PARAGRAPH 4 (G), ARMY REGULATIONS 140-5. ALSO, THERE IS NOTED THAT THE TERM "ASSIGNMENT" IS DEFINED IN PARAGRAPH 4 (Q), AR 140-5, AS " PLACING AN INDIVIDUAL IN A MILITARY ORGANIZATION SO THAT THE INDIVIDUAL BECOMES AN ORGANIC PART OF THE ORGANIZATION.' SINCE PRIOR TO NOVEMBER 13, 1950, THE RESERVE OFFICERS CONCERNED WERE NOT ASSIGNED TO SPECIFIC JOBS OR BILLETS UNDER THE T/O AND E OF THE 815TH STATION HOSPITAL, THEY MAY NOT REASONABLY BE REGARDED AS HAVING BECOME AN "ORGANIC PART OF THE ORGANIZATION" WITHIN THE DEFINITION OF THE TERM "ASSIGNMENT," AND MAY NOT BE CONSIDERED AS VALIDLY ASSIGNED TO SUCH UNIT WITHIN THE CONTEMPLATION OF THE ABOVE-QUOTED REGULATION. MOREOVER, PARAGRAPHS 6 (B) (2) AND 6 (B) (3), AR 140-250, ARE INDICATIVE THAT AN ASSIGNMENT TO A UNIT IS A CONDITION OF ELIGIBILITY FOR TRAINING ASSEMBLY PAY AS A MEMBER OF SUCH UNIT.

FOR THE REASONS INDICATED SUCH GRAVE DOUBT EXISTS AS TO THE PROPRIETY OF PAYMENT TO THE OFFICERS INVOLVED FOR TRAINING ASSEMBLIES ATTENDED DURING THE PERIOD APRIL 1 TO NOVEMBER 13, 1950, AS TO REQUIRE DISAPPROVAL OF THE TWO SUPPLEMENTAL PAYROLL VOUCHERS COVERING THE PERIOD MAY 1 TO OCTOBER 31, 1950. THE SAID VOUCHERS WILL BE RETAINED IN THIS OFFICE.