B-118002, APRIL 23, 1954, 33 COMP. GEN. 510

B-118002: Apr 23, 1954

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WHICH WAS TRANSFERRED WITHOUT ITS PERSONNEL TO ANOTHER CITY AND "REORGANIZED IN INITIAL ACTIVATION STATUS. " WAS (EXCEPT FOR NAME) A SEPARATE ORGANIZATION HAVING ENTIRELY DIFFERENT MEMBERS. REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. IT WAS DIRECTED THAT SAID COMPANY G. WAS. - WERE REASSIGNED TO THE NEWLY TRANSFERRED COMPANY G. YOU STATE THAT " TWENTY-FOUR ASSEMBLIES ONLY WERE AUTHORIZED FOR LATER READY UNITS FOR FISCAL YEAR 1952.'. IT IS STATED THAT YOUR RECORDS INDICATE THAT COMPANY G HELD 16 ASSEMBLIES AT BOZEMAN BETWEEN JULY 1. THOSE ARMY RESERVE UNITS ANNOUNCED ON THE NEW TROOP PROGRAM BY SIXTH ARMY GENERAL ORDERS ARE AUTHORIZED FROM DATE OF ANNOUNCEMENT TO HOLD PAID TRAINING ASSEMBLIES ON THE FOLLOWING BASIS: 48 ASSEMBLIES FOR EARLY READY UNITS AND THOSE LATER READY UNITS IN CLASS A STATUS IMMEDIATELY PRIOR TO THE ANNOUNCEMENT OF THE NEW PROGRAM. 24 ASSEMBLIES FOR OTHER LATER READY UNITS.

B-118002, APRIL 23, 1954, 33 COMP. GEN. 510

PAY - DRILL - ORGANIZED RESERVE CORPS - UNIT REORGANIZED AND TRANSFERRED WITHOUT ITS PERSONNEL A LATER READY UNIT OF THE ORGANIZED RESERVE CORPS AUTHORIZED TO HOLD 24 PAID TRAINING ASSEMBLIES PER YEAR, WHICH WAS TRANSFERRED WITHOUT ITS PERSONNEL TO ANOTHER CITY AND "REORGANIZED IN INITIAL ACTIVATION STATUS," WAS (EXCEPT FOR NAME) A SEPARATE ORGANIZATION HAVING ENTIRELY DIFFERENT MEMBERS, AND THEREFORE MEMBERS ASSIGNED TO THE UNIT AFTER ITS TRANSFER WHO DID NOT ATTEND MORE THAN 24 TRAINING ASSEMBLIES DURING YEAR MAY BE PAID FOR ATTENDING SUCH ASSEMBLIES, EVEN THOUGH THE ASSEMBLIES WHEN COMBINED WITH THE ASSEMBLIES HELD BY THE UNIT BEFORE ITS TRANSFER EXCEED THE NUMBER AUTHORIZED FOR LATER READY UNITS.

ACTING COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL C. S. VON NUNES, DEPARTMENT OF THE ARMY, APRIL 23, 1954:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE, BY FIRST ENDORSEMENT OF DECEMBER 8, 1953, YOUR LETTER OF NOVEMBER 13, 1953, PRESENTING THE INACTIVE DUTY TRAINING PAYROLL OF COMPANY G, 381ST INFANTRY REGIMENT ( RES), FOR THE PERIOD FROM JUNE 1, 1952, TO AUGUST 31, 1952, AND REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED.

YOU STATE IN YOUR LETTER THAT BY GENERAL ORDERS NO. 48, HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DATED FEBRUARY 29, 1952, IT WAS DIRECTED THAT SAID COMPANY G--- A LATER READY FORCE, UNIT CADRE STATUS--- LOCATED AT BOZEMAN, MONTANA, BE REORGANIZED IN INITIAL ACTIVATION STATUS, AND TRANSFERRED LESS PERSONNEL TO BILLINGS, MONTANA, EFFECTIVE MARCH 1, 1952. COMPANY L, 381ST INFANTRY REGIMENT, LOCATED AT BILLINGS, MONTANA, WAS, BY GENERAL ORDERS NO. 45, SAME HEADQUARTERS AND SAME DATE, SIMILARLY TRANSFERRED TO CALDWELL, IDAHO, AND THE INDIVIDUALS AT BILLINGS--- FORMERLY WITH COMPANY L--- WERE REASSIGNED TO THE NEWLY TRANSFERRED COMPANY G. CITING MESSAGE AMGCT-3 103285 AS YOUR AUTHORITY, YOU STATE THAT " TWENTY-FOUR ASSEMBLIES ONLY WERE AUTHORIZED FOR LATER READY UNITS FOR FISCAL YEAR 1952.' ALSO, IT IS STATED THAT YOUR RECORDS INDICATE THAT COMPANY G HELD 16 ASSEMBLIES AT BOZEMAN BETWEEN JULY 1, 1951, AND FEBRUARY 29, 1952, AND 6 ASSEMBLIES AT BILLINGS BETWEEN MARCH 1, 1952, AND MAY 31, 1952--- A TOTAL OF 22 ASSEMBLIES AT BOTH STATIONS. INASMUCH AS THE SUBMITTED PAYROLL INCLUDES CLAIM FOR 4 ASSEMBLIES HELD AT BILLINGS BY COMPANY G IN JUNE 1952--- MAKING A TOTAL OF 26 ASSEMBLIES FOR THE UNIT AT BOTH STATIONS-- YOU QUESTION THE PROPRIETY OF PAYMENT FOR ASSEMBLIES IN EXCESS OF 24 FOR THE FISCAL YEAR 1952. IN ADDITION, YOU POINT OUT THAT THE INDIVIDUALS TRANSFERRED FROM COMPANY L TO COMPANY G DID NOT ATTEND MORE THAN 24 ASSEMBLIES NOTWITHSTANDING THE COMBINED ASSEMBLIES OF COMPANY G WHILE AT BOZEMAN AND AT BILLINGS TOTALED 26.

AN ENCLOSURE WITH YOUR LETTER QUOTES FROM MESSAGE AMGCT-3 103285, HEADQUARTERS SIXTH ARMY, MARCH 26, 1952, AS FOLLOWS:

* * * EFFECTIVE 1 MARCH 1952, FOR THE BALANCE OF FISCAL YEAR 1952, THOSE ARMY RESERVE UNITS ANNOUNCED ON THE NEW TROOP PROGRAM BY SIXTH ARMY GENERAL ORDERS ARE AUTHORIZED FROM DATE OF ANNOUNCEMENT TO HOLD PAID TRAINING ASSEMBLIES ON THE FOLLOWING BASIS:

48 ASSEMBLIES FOR EARLY READY UNITS AND THOSE LATER READY UNITS IN CLASS A STATUS IMMEDIATELY PRIOR TO THE ANNOUNCEMENT OF THE NEW PROGRAM.

24 ASSEMBLIES FOR OTHER LATER READY UNITS.

UNDER THE PROVISIONS OF SECTION 501 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, AND REGULATIONS ISSUED PURSUANT THERETO, MEMBERS OF THE ORGANIZED RESERVE CORPS ARE AUTHORIZED TO RECEIVE COMPENSATION AS THEREIN PROVIDED FOR PERIODS OF INSTRUCTION, TRAINING, OR OTHER APPROPRIATE DUTIES. THE SECTION FURTHER PROVIDES:

* * * 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, OR DUTY OR APPROPRIATE DUTIES WHICH CAN BE COUNTED FOR PAY PURPOSES IN LESSER PERIODS OF TIME * * *.

ARMY REGULATION NO. 140-250, DATED MAY 25, 1950, IN EFFECT DURING THE PERIOD INVOLVED, PROVIDES THAT OF THE TOTAL NUMBER OF PAID TRAINING ASSEMBLIES AUTHORIZED TO BE HELD ANNUALLY NOT MORE THAN 35 PERCENT SHALL BE HELD DURING ANY THREE-MONTH PERIOD AND NOT MORE THAN 20 PERCENT DURING ANY ONE CALENDAR MONTH. IN VIEW OF THE FOREGOING PROVISIONS, IT APPEARS THAT THE ABOVE-QUOTED MESSAGE OF MARCH 26, 1952, WAS ISSUED FOR THE PURPOSE OF PRESCRIBING THE AUTHORIZED NUMBER OF TRAINING ASSEMBLIES FOR PAY OF THOSE ARMY RESERVE UNITS ON THE NEW TROOP PROGRAM THAT HAD BEEN ANNOUNCED BY SIXTH ARMY GENERAL ORDERS, EARLY READY UNITS AND THOSE LATER READY UNITS IN CLASS A STATUS IMMEDIATELY PRIOR TO THE ANNOUNCEMENT OF THE NEW PROGRAM BEING PLACED ON A BASIS OF 48 ASSEMBLIES DURING THE FISCAL YEAR, AND OTHER LATER READY UNITS BEING PLACED ON A YEARLY BASIS OF 24 ASSEMBLIES. HENCE, THE SAID COMPANY G APPEARS TO HAVE BEEN PLACED A YEARLY BASIS OF 24 ASSEMBLIES FOR PAY PURPOSES BY SUCH MESSAGE.

UNDER THE ORDERS OF FEBRUARY 29, 1952, COMPANY G, HOWEVER, WAS TRANSFERRED WITHOUT ITS PERSONNEL, FROM BOZEMAN TO BILLINGS AND "REORGANIZED IN INITIAL ACTIVATION STATUS," THE INDIVIDUALS AT BILLINGS WHO HAD BEEN MEMBERS OF COMPANY L BEING ASSIGNED TO COMPANY G. THUS IT APPEARS THAT WHILE COMPANY G WAS TRANSFERRED, FOR RECORD PURPOSES, FROM BOZEMAN TO BILLINGS, THE COMPANY AS REORGANIZED AT BILLINGS WAS (EXCEPT FOR NAME) IN FACT A SEPARATE ORGANIZATION FROM THAT AT BOZEMAN, HAVING ENTIRELY DIFFERENT PERSONNEL. SINCE IT IS STATED THAT THE MEMBERS INVOLVED DID NOT ATTEND A TOTAL OF MORE THAN 24 ASSEMBLIES AND SINCE THE ASSEMBLIES OF COMPANY G AT BILLINGS DID NOT EXCEED THE LIMITATION PRESCRIBED BY THE ABOVE-MENTIONED ARMY REGULATION FOR THE PERIOD INVOLVED, IT IS CONCLUDED THAT SUCH MEMBERS ARE NOT PRECLUDED FROM BEING PAID FOR THE ASSEMBLIES ATTENDED EVEN THOUGH THE COMBINED NUMBER OF ASSEMBLIES HELD BY COMPANY G AT BOZEMAN AND THE SAID COMPANY AT BILLINGS EXCEEDED THE NUMBER AUTHORIZED FOR LATER READY UNITS. ACCORDINGLY, THE SUBMITTED PAYROLL, TOGETHER WITH RELATED PAPERS, IS RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED IF OTHERWISE CORRECT.