B-116780, MAR 11, 1954

B-116780: Mar 11, 1954

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REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A SUBMITTED SUPPLEMENTAL PAYROLL COVERING INACTIVE TRAINING DUTY PAY FOR MEMBERS OF THE 9248TH ORGANIZED RESERVE TRANSPORTATION SERVICE UNIT. THE UNIT WAS AUTHORIZED TO HOLD 24 TRAINING ASSEMBLIES PER YEAR AND ITS AUTHORIZED STRENGTH WAS 273 OFFICERS. THREE OF THE FIVE WARRANT OFFICER POSITIONS WERE OCCUPIED BY ENLISTED MEN. THE UNIT WAS REORGANIZED. AT THAT TIME TWO OF THE THREE ENLISTED PERSONNEL THERETOFORE ASSIGNED TO WARRANT OFFICER POSITIONS WERE ASSIGNED TO ENLISTED PLACES IN THE UNIT. IT IS STATED THAT THE TWO ENLISTED MEN DID NOT DESIRE ASSIGNMENT TO THE UNIT AND DID NOT ATTEND TRAINING ASSEMBLIES. WHICH PROVIDED THAT OFFICERS ASSIGNED TO UNITS AUTHORIZED TO HOLD 48 TRAINING ASSEMBLIES PER YEAR WERE ENTITLED TO PAY FOR ATTENDANCE AT ANY TRAINING ASSEMBLIES OF THE UNIT TO WHICH ASSIGNED WHERE THE ENLISTED ATTENDANCE WAS AT LEAST 60 PERCENT OF THE UNIT'S ASSIGNED ENLISTED STRENGTH.

B-116780, MAR 11, 1954

PRECIS-UNAVAILABLE

NORFOLK FINANCE OFFICE, U. S. ARMY:

BY FIRST INDORSEMENT DATED AUGUST 24, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER DATED JULY 8, 1953, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A SUBMITTED SUPPLEMENTAL PAYROLL COVERING INACTIVE TRAINING DUTY PAY FOR MEMBERS OF THE 9248TH ORGANIZED RESERVE TRANSPORTATION SERVICE UNIT, HAMPTON ROADS PORT OF EMBARKATION, NEWPORT NEWS, VIRGINIA, DURING THE PERIOD MAY 1 TO JULY 31, 1952.

PRIOR TO APRIL 10, 1952, THE UNIT WAS AUTHORIZED TO HOLD 24 TRAINING ASSEMBLIES PER YEAR AND ITS AUTHORIZED STRENGTH WAS 273 OFFICERS, 5 WARRANT OFFICERS, AND NO ENLISTED PERSONNEL. THREE OF THE FIVE WARRANT OFFICER POSITIONS WERE OCCUPIED BY ENLISTED MEN. ON APRIL 10, 1952, THE UNIT WAS REORGANIZED, THE NEW TABLE OF DISTRIBUTION AUTHORIZING 48 TRAINING ASSEMBLIES PER YEAR AND 45 OFFICERS, 1 WARRANT OFFICER, AND 10 ENLISTED MEN. AT THAT TIME TWO OF THE THREE ENLISTED PERSONNEL THERETOFORE ASSIGNED TO WARRANT OFFICER POSITIONS WERE ASSIGNED TO ENLISTED PLACES IN THE UNIT, BUT IT IS STATED THAT THE TWO ENLISTED MEN DID NOT DESIRE ASSIGNMENT TO THE UNIT AND DID NOT ATTEND TRAINING ASSEMBLIES. THE ORIGINAL PAYROLL FOR INACTIVE DUTY TRAINING PAY COVERING THE PERIOD MAY 1 TO JULY 31, 1952, DID NOT INDICATE A CONDITION PREVAILING AT MOST OF THE ASSEMBLIES WHICH WOULD AUTHORIZE PAYMENT TO THE OFFICERS OF THE UNIT IN VIEW OF PARAGRAPH 6B(1)(A), AR 140-250, DATED MAY 25, 1950, THEN IN EFFECT, WHICH PROVIDED THAT OFFICERS ASSIGNED TO UNITS AUTHORIZED TO HOLD 48 TRAINING ASSEMBLIES PER YEAR WERE ENTITLED TO PAY FOR ATTENDANCE AT ANY TRAINING ASSEMBLIES OF THE UNIT TO WHICH ASSIGNED WHERE THE ENLISTED ATTENDANCE WAS AT LEAST 60 PERCENT OF THE UNIT'S ASSIGNED ENLISTED STRENGTH. HOWEVER, BY EXCLUDING THE TWO ENLISTED MEN WHO ALLEGEDLY DID NOT DESIRE ASSIGNMENT TO THE UNIT FROM THE ASSIGNED STRENGTH, THE ENLISTED ATTENDANCE AT THREE ADDITIONAL ASSEMBLIES WOULD BE SUFFICIENT TO ENTITLE OFFICERS ATTENDING SUCH ASSEMBLIES TO BE PAID FOR THEIR ATTENDANCE.

BY SPECIAL ORDERS NOS. 186 AND 192, DATED AUGUST 4 AND 11, 1952, RESPECTIVELY, ISSUED BY HEADQUARTERS, VIRGINIA MILITARY DISTRICT, 2304TH AREA SERVICE UNIT, RICHMOND, VIRGINIA, THE SAID TWO ENLISTED MEN WERE TRANSFERRED FROM THE 9248TH ORTSU TO THE 2143D ORC CONTROL GROUP, EFFECTIVE AUGUST 9, 1952. BY SPECIAL ORDERS NOS. 27 AND 29, DATED FEBRUARY 9 AND 11, 1953, RESPECTIVELY, ISSUED BY THE SAME HEADQUARTERS, THE ORDERS OF AUGUST 4 AND 11, 1952, RESPECTING THE TWO ENLISTED MEN WERE REVOKED, AND THE SAID SPECIAL ORDERS NO. 29 (PARAGRAPHS 34 AND 36), PURPORT TO CONFIRM VERBAL ORDERS OF APRIL 10, 1952, TRANSFERRING THE TWO MEN FROM THE 9248TH ORTSU TO THE 2143D USAR CONTROL GROUP, EFFECTIVE APRIL 10, 1952. YOU EXPRESS DOUBT AS TO THE LEGALITY OF THE PROPOSED PAYMENT OF THE SUPPLEMENTAL PAYROLL PREPARED PURSUANT TO THE "REVOCATION IN FEBRUARY 1953 OF ORDERS ISSUED IN AUGUST 1952 FOR THE PURPOSE OF RETROACTIVELY ADJUSTING ATTENDANCE PERCENTAGES AND PAY STATUS TO CORRECT WHAT HAS BEEN REPORTED AS AN ADMINISTRATIVE ERROR."

SINCE IT DOES NOT APPEAR THAT THE ASSIGNMENT OF THE TWO ENLISTED MEN TO THE REORGANIZED UNIT WAS CONTRARY TO ANY POSITIVE MANDATE IN LAW OR REGULATIONS, IT IS CONSIDERED THAT SUCH ASSIGNMENT WAS PROPER AND THAT THE SAID MEN MUST BE INCLUDED AS MEMBERS OF THE UNIT IN COMPUTING THE PERCENTAGE OF ASSIGNED ENLISTED MEN IN ATTENDANCE AT EACH ASSEMBLY PRIOR TO AUGUST 11, 1952. AND THE ORDERS ISSUED IN FEBRUARY 1953, PURPORTING TO BE RETROACTIVELY EFFECTIVE, MAY NOT BE RECOGNIZED AS ADDING ANYTHING TO THE PAY RIGHTS OF THE OFFICERS OF THE UNIT DURING THE PERIOD MAY 1 TO JULY 31, 1952, NOTWITHSTANDING SUCH ORDERS PURPORT TO CONFIRM VERBAL ORDERS OF APRIL 10, 1952, TRANSFERRING THE TWO ENLISTED MEN FROM THE 9248TH ORTSU; THE PURPORTED VERBAL ORDERS BEING CONTRARY TO THE WRITTEN TRANSFER ORDERS OF AUGUST 11, 1952, AND THE RECORD IN THE CASE (SEE 2D INDORSEMENT, HEADQUARTERS SECOND ARMY, DATED JANUARY 21, 1953), INDICATING CLEARLY THAT NO VERBAL ORDERS TRANSFERRING THE MEN FROM THE UNIT ACTUALLY WERE ISSUED AT ANY TIME PRIOR TO AUGUST 11, 1952. ACCORDINGLY, PAYMENT ON THE SUPPLEMENTAL PAYROLL IS NOT AUTHORIZED.

THE ENCLOSURES RECEIVED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.