B-118849, NOVEMBER 24, 1954, 34 COMP. GEN. 250

B-118849: Nov 24, 1954

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INCLUDING THOSE AT WHICH NO ENLISTED PERSONNEL ARE ASSIGNED. IT APPEARS THAT THE OFFICERS IN QUESTION WERE NOT PAID ON THE ORIGINAL PAYROLL. - FOR THE ASSEMBLIES IN QUESTION FOR THE REASON THAT ENLISTED PERSONNEL EQUALING OR EXCEEDING 60 PERCENT OF THE ASSIGNED ENLISTED PERSONNEL OF THE UNIT WERE NOT PRESENT AT SUCH ASSEMBLIES. IT IS CONTENDED BY THE PERSONNEL OF COMPANY A THAT. AS NO ENLISTED MEN WERE ASSIGNED TO THE COMPANY WHEN ITS ASSEMBLIES OF APRIL 2. WERE HELD. THAT IS TO SAY. SINCE ONLY OFFICERS WERE ASSIGNED AND PRESENT AT THE ASSEMBLIES HELD ON APRIL 2. IT IS CONTENDED THAT ONLY THE REMAINING NINE ASSEMBLIES (HELD WHEN ONE OR MORE ENLISTED MEN WERE IN FACT ASSIGNED) SHOULD BE USED IN MAKING THE CALCULATION OF AVERAGE ATTENDANCE FOR THE QUARTER INSTEAD OF THE 12 ASSEMBLIES HELD BY THE UNIT DURING THE QUARTER.

B-118849, NOVEMBER 24, 1954, 34 COMP. GEN. 250

PAY - DRILL - ORGANIZED RESERVE CORPS - ENLISTED ATTENDANCE REQUIREMENTS UNDER REGULATIONS WHICH AUTHORIZE PAY FOR OFFICERS OF A UNIT OF THE ARMY CORPS ORGANIZED RESERVE FOR TRAINING ASSEMBLIES ON A PERCENTAGE OF ENLISTED PERSONNEL ATTENDANCE DURING THE PAYROLL QUARTER, THE COMPUTATION OF THE AVERAGE ENLISTED ATTENDANCE MUST BE BASED ON THE TOTAL NUMBER OF ASSEMBLIES HELD, INCLUDING THOSE AT WHICH NO ENLISTED PERSONNEL ARE ASSIGNED.

ACTING COMPTROLLER GENERAL WEITZEL TO MAJOR I. NELSON, DEPARTMENT OF THE ARMY, NOVEMBER 24, 954:

BY 11TH ENDORSEMENT DATED FEBRUARY 9, 1954, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR 10TH ENDORSEMENT OF JANUARY 14, 1954, REQUESTING A DECISION ON A SUPPLEMENTAL INACTIVE DUTY TRAINING PAYROLL OF COMPANY A, ST BN MP RTC 8830 ARTSU, FOR THE PERIOD FROM APRIL 1, 1953, TO JUNE 30, 1953, COVERING PAY FOR THREE OFFICERS FOR ATTENDANCE AT AUTHORIZED TRAINING ASSEMBLIES HELD ON JUNE 4, 11, AND 18, 1953.

IT APPEARS THAT THE OFFICERS IN QUESTION WERE NOT PAID ON THE ORIGINAL PAYROLL--- VOUCHER NO. 700203 OF YOUR JULY 1953 ACCOUNTS--- FOR THE ASSEMBLIES IN QUESTION FOR THE REASON THAT ENLISTED PERSONNEL EQUALING OR EXCEEDING 60 PERCENT OF THE ASSIGNED ENLISTED PERSONNEL OF THE UNIT WERE NOT PRESENT AT SUCH ASSEMBLIES. HOWEVER, IT IS CONTENDED BY THE PERSONNEL OF COMPANY A THAT, AS NO ENLISTED MEN WERE ASSIGNED TO THE COMPANY WHEN ITS ASSEMBLIES OF APRIL 2, 9, AND 16, 1953, WERE HELD, THOSE THREE ASSEMBLIES SHOULD BE ELIMINATED IN THE CALCULATION OF THE PERCENTAGE OF ATTENDANCE OF ENLISTED MEN BY THE ALTERNATE METHOD (AVERAGE ATTENDANCE PER QUARTER BASIS) PRESCRIBED IN PARAGRAPH 6B (1) (A), AR 140-250, DATED OCTOBER 7, 1952, AS CHANGED BY CHANGES NO. 1, DATED JUNE 18, 1953. THAT IS TO SAY, SINCE ONLY OFFICERS WERE ASSIGNED AND PRESENT AT THE ASSEMBLIES HELD ON APRIL 2, 9, AND 16, IT IS CONTENDED THAT ONLY THE REMAINING NINE ASSEMBLIES (HELD WHEN ONE OR MORE ENLISTED MEN WERE IN FACT ASSIGNED) SHOULD BE USED IN MAKING THE CALCULATION OF AVERAGE ATTENDANCE FOR THE QUARTER INSTEAD OF THE 12 ASSEMBLIES HELD BY THE UNIT DURING THE QUARTER.

THE CITED PARAGRAPH OF THE PERTINENT REGULATIONS IS AS FOLLOWS:

(A) OFFICERS ASSIGNED TO UNITS ON TRAINING PAY GROUP A ARE ENTITLED TO PAY FOR ATTENDANCE AT ANY PAID TRAINING ASSEMBLIES OF THE UNIT TO WHICH ASSIGNED WHERE THE ENLISTED ATTENDANCE IS AT LEAST 60 PERCENT OF THE UNIT'S ASSIGNED ENLISTED STRENGTH. SHOULD THE ENLISTED ATTENDANCE FOR ANY PARTICULAR TRAINING ASSEMBLY FALL BELOW 60 PERCENT, OFFICERS STILL MAY QUALIFY FOR PAY, PROVIDED THE AVERAGE ATTENDANCE OF ENLISTED PERSONNEL DURING THE QUARTER COVERED BY THE PAYROLL (I. E., TOTAL OF ENLISTED ATTENDANCE AT ALL PAID TRAINING ASSEMBLIES DIVIDED BY THE TOTAL NUMBER OF ASSEMBLIES IN THE QUARTER) EQUALS AT LEAST 60 PERCENT OF THE ASSIGNED ENLISTED STRENGTH OF THE TRAINING ASSEMBLY IN QUESTION. ALL ASSIGNED ENLISTED PERSONNEL PRESENT WILL RECEIVE THEIR PAY, EVEN THOUGH THE ATTENDANCE IS LESS THAN 60 PERCENT.

THESE PROVISIONS OF THE REGULATIONS WERE NOT MATERIALLY DIFFERENT PRIOR TO THE CHANGES MADE ON JUNE 18, 1953. SUCH REGULATIONS WERE PROMULGATED PURSUANT TO THE PROVISIONS OF SECTION 501 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, AND, ACCORDINGLY, HAVE THE FORCE AND EFFECT OF THE LAW ITSELF AND MUST BE CONSTRUED TO GIVE FULL EFFECT TO THE LANGUAGE USED. THEY PROVIDE THAT, IN COMPUTING THE AVERAGE ATTENDANCE OF ENLISTED PERSONNEL DURING THE QUARTER COVERED BY A PAYROLL, THE TOTAL ENLISTED ATTENDANCE AT ALL PAID TRAINING ASSEMBLIES SHALL BE DIVIDED BY THE TOTAL NUMBER OF ASSEMBLIES IN THE QUARTER. SUCH REGULATIONS CONTAIN NO PROVISION FOR COMPUTING THE AVERAGE ATTENDANCE DURING A QUARTER ON THE BASIS OF LESS THAN THE ENTIRE NUMBER OF ASSEMBLIES HELD BY THE UNIT DURING THE ENTIRE PAYROLL QUARTER.

IN VIEW OF THE FOREGOING AND SINCE THE COMPUTATION OF THE PERCENTAGE OF ATTENDANCE OF ENLISTED PERSONNEL AT EACH OF THE THREE ASSEMBLIES HELD ON JUNE 4, 11, AND 18, 1953, MADE ON THE BASIS PROVIDED BY THE REGULATIONS, SHOWS THAT THERE WAS AN ATTENDANCE OF LESS THAN 60 PERCENT OF SUCH PERSONNEL AT EACH OF SUCH ASSEMBLIES AND THAT THE AVERAGE ATTENDANCE FOR THE WHOLE QUARTER WAS LESS THAN 60 PERCENT, THERE IS NO BASIS FOR PAYING THE OFFICERS ANY PAY FOR ATTENDANCE AT SAID ASSEMBLIES.

YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE SUBMITTED SUPPLEMENTAL PAYROLL, WHICH IS RETAINED IN THIS OFFICE.