B-120144, SEPTEMBER 28, 1954, 34 COMP. GEN. 146

B-120144: Sep 28, 1954

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PAY - DRILL - ORGANIZED RESERVE CORPS - EVIDENCE REQUIREMENTS FOR PAYMENT CERTIFICATES ATTACHED TO ORGANIZED RESERVE CORPS SUPPLEMENTAL PAYROLLS AS TO AN OFFICER'S ATTENDANCE AT CERTAIN SCHEDULED ASSEMBLIES WHICH ARE DATED MANY MONTHS AFTER THE PERIODS OF SERVICE INVOLVED AND WHICH DO NOT SHOW WHETHER THEY WERE BASED UPON CONTEMPORANEOUS RECORDS OF PERFORMANCE OF DUTY OR WHETHER THEY WERE BASED ON MEMORY OR INFORMATION OBTAINED FROM OTHER SOURCES MAY NOT BE ACCEPTED AS SUFFICIENT TO ESTABLISH DEFINITELY THAT THE DUTY INDICATED ACTUALLY WAS PERFORMED SO AS TO AUTHORIZE THE PAYMENT OF INACTIVE DUTY TRAINING ASSEMBLY PAY. IN SUPPORT OF THE CLAIM THERE WERE ATTACHED TO THE SUPPLEMENTAL PAYROLLS OF COPY OF SPECIAL ORDERS NO. 38.

B-120144, SEPTEMBER 28, 1954, 34 COMP. GEN. 146

PAY - DRILL - ORGANIZED RESERVE CORPS - EVIDENCE REQUIREMENTS FOR PAYMENT CERTIFICATES ATTACHED TO ORGANIZED RESERVE CORPS SUPPLEMENTAL PAYROLLS AS TO AN OFFICER'S ATTENDANCE AT CERTAIN SCHEDULED ASSEMBLIES WHICH ARE DATED MANY MONTHS AFTER THE PERIODS OF SERVICE INVOLVED AND WHICH DO NOT SHOW WHETHER THEY WERE BASED UPON CONTEMPORANEOUS RECORDS OF PERFORMANCE OF DUTY OR WHETHER THEY WERE BASED ON MEMORY OR INFORMATION OBTAINED FROM OTHER SOURCES MAY NOT BE ACCEPTED AS SUFFICIENT TO ESTABLISH DEFINITELY THAT THE DUTY INDICATED ACTUALLY WAS PERFORMED SO AS TO AUTHORIZE THE PAYMENT OF INACTIVE DUTY TRAINING ASSEMBLY PAY.

ACTING COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL N. B. BRANCH, DEPARTMENT OF THE ARMY, SEPTEMBER 28, 1954:

BY FIRST ENDORSEMENT DATED MAY 17, 1954, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE YOUR LETTER OF APRIL 1, 1954, SUBMITTING FOR ADVANCE DECISION TWO SUPPLEMENTAL PAYROLLS STATED IN FAVOR OF FIRST LIEUTENANT CHARLES F. JONES, 2118TH ARASU STATION COMPLEMENT, FORT CAMPBELL, KENTUCKY ( AKRON DETACHMENT), FOR INACTIVE DUTY TRAINING ASSEMBLY PAY FOR THE PERIODS NOVEMBER 1, 1952, TO JANUARY 31, 1953, AND FEBRUARY 1 TO APRIL 30, 1953.

IN SUPPORT OF THE CLAIM THERE WERE ATTACHED TO THE SUPPLEMENTAL PAYROLLS OF COPY OF SPECIAL ORDERS NO. 38, HEADQUARTERS OHIO MILITARY DISTRICT, DATED FEBRUARY 20, 1953, PARAGRAPH 57 BEING TO THE EFFECT THAT VERBAL ORDERS OF THE COMMANDING OFFICER ISSUED UNDER EXIGENCIES WHICH PREVENTED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE WERE THEREBY CONFIRMED AND MADE A MATTER OF RECORD. IT IS INDICATED THAT THE VERBAL ORDERS ASSIGNED THE OFFICER TO THE STATION SUBMITTING THE PAYROLL EFFECTIVE JANUARY 1, 1953. BY SPECIAL ORDERS NO. 48, HEADQUARTERS OHIO MILITARY DISTRICT, DATED MARCH 9, 1953, THE EFFECTIVE DATE OF THAT ASSIGNMENT WAS CHANGED FROM JANUARY 1, 1953, TO NOVEMBER 6, 1952. ALSO ATTACHED TO THE SUPPLEMENTAL PAYROLLS ARE CERTIFICATES BY A COMMANDING OFFICER THAT THE CLAIMANT ATTENDED SCHEDULED ASSEMBLIES WITH THE 2118TH ARASU STATION COMPLEMENT ON CERTAIN INDICATED DATES BETWEEN NOVEMBER 6, 1952, AND FEBRUARY 12, 1953.

THE CERTIFICATES AS TO THE OFFICER'S ATTENDANCE AT SCHEDULED ASSEMBLIES ARE DATED DECEMBER 10, 1953, MANY MONTHS AFTER THE PERIODS OF SERVICE INVOLVED AND THERE IS NO SHOWING AS TO THE FACTUAL BASIS ON WHICH THESE CERTIFICATES WERE ISSUED. THAT IS TO SAY, THERE IS NO SHOWING WHETHER THEY WERE BASED UPON CONTEMPORANEOUS RECORDS OF PERFORMANCE OF DUTY OR WHETHER THEY WERE BASED ON MEMORY OR INFORMATION OBTAINED FROM OTHER SOURCES. IN THESE CIRCUMSTANCES, THE CERTIFICATES MAY NOT BE ACCEPTED AS SUFFICIENT TO ESTABLISH DEFINITELY THAT THE DUTY OBTAINED FROM OTHER SOURCES. IN THESE CIRCUMSTANCES, THE CERTIFICATES ON THE BASIS OF THE PRESENT RECORD AND IN THE ABSENCE OF THE SUBMISSION OF EVIDENCE OF A RECORD OF THE PERFORMANCE OF SUCH DUTY MADE CONTEMPORANEOUSLY WITH THE DUTY, PAYMENT IS NOT AUTHORIZED.