B-121038, OCT. 20, 1955

B-121038: Oct 20, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRIMBLE: REFERENCE IS MADE TO YOUR LETTER DATED MAY 16. THERE WAS AN ENLISTED MAN ATTENDANCE OF 60 PERCENT. IT IS STATED THAT. THE APPROPRIATE DUTY OF A UNIT COMMANDING OFFICER IS THE TRAINING OF HIS COMMAND AND HE PERFORMS SUCH DUTY AS AN INTEGRAL MEMBER OF HIS UNIT. PROVIDED 60 PERCENT OF THE ENLISTED MEN ARE IN ATTENDANCE AT THE DRILL. THE EXEMPTION FROM THE REQUIREMENT OF THE 60 PERCENT RULE IS RESTRICTED TO THE COMMANDER AND STAFF OFFICERS OF BATTALIONS. IT IS INDICATED THAT YOU. WERE NOT "PRESENT" AT THOSE DRILLS.

B-121038, OCT. 20, 1955

TO MAJOR WEBB W. TRIMBLE:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 16, 1955, FORWARDED HERE BY ENDORSEMENT OF THE SAME DATE, OF CAPTAIN ELVIS M. FARMER, DETACHMENT COMMANDER, HEADQUARTERS AND HEADQUARTERS DETACHMENT, ALASKA NATIONAL GUARD, CONCERNING OUR DECISION OF APRIL 25, 1955, B-121038, WHICH SUSTAINED THE SETTLEMENT OF OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM FOR REFUND OF AMOUNTS DEDUCTED FROM YOUR ALASKA NATIONAL GUARD PAY.

THE PARTICULAR PART OF THE DECISION OF APRIL 25, 1955, TO WHICH YOU REFER STATES THAT THE CLAIMS DIVISION OF OUR OFFICE---

"* * * RAISED A CHARGE AGAINST YOU IN THE AMOUNT OF $49.10 FOR UNAUTHORIZED PAYMENT TO YOU OF DRILL PAY FOR THREE DAYS ON WHICH YOU PERFORMED APPROPRIATE DUTY, RATHER THAN DRILLS WITH YOUR ORGANIZATION.'

YOU STATE, AND THE RECORD BEFORE OUR OFFICE CONFIRMS, THAT AT THE DRILL PERIODS HELD ON APRIL 28 AND 29, 1952, THERE WAS AN ENLISTED MAN ATTENDANCE OF 60 PERCENT.

IN THE DECISION OF APRIL 25, 1955, STARTING WITH THE LAST PARAGRAPH ON PAGE 3, IT IS STATED THAT---

"UNDER THE QUOTED REGULATIONS (PARAGRAPHS 5A AND C OF NATIONAL GUARD BUREAU CIRCULAR NO. 3, DATED JANUARY 12, 1948), THE APPROPRIATE DUTY OF A UNIT COMMANDING OFFICER IS THE TRAINING OF HIS COMMAND AND HE PERFORMS SUCH DUTY AS AN INTEGRAL MEMBER OF HIS UNIT. HE QUALIFIES FOR PAY BY ATTENDING DRILLS WITH HIS UNIT, PROVIDED 60 PERCENT OF THE ENLISTED MEN ARE IN ATTENDANCE AT THE DRILL. THE EXEMPTION FROM THE REQUIREMENT OF THE 60 PERCENT RULE IS RESTRICTED TO THE COMMANDER AND STAFF OFFICERS OF BATTALIONS, AIR GROUPS, AND LARGER ORGANIZATIONS. YOU DID NOT FALL WITHIN ANY OF THE EXCEPTED CLASSES DURING THE PERIOD INVOLVED BETWEEN APRIL 1, 1952 AND JUNE 30, 1952.'

THE RECORD BEFORE OUR OFFICE SHOWS AN ATTENDANCE OF MORE THAN 60 PERCENT OF THE ENLISTED MAN AT THE DRILLS HELD ON APRIL 28 AND 29, 1952; HOWEVER, NOTWITHSTANDING THAT SHOWING, IT IS INDICATED THAT YOU, AS COMMANDER OF THE ORGANIZATION, WERE NOT "PRESENT" AT THOSE DRILLS. HENCE, NOT BEING PRESENT WITH YOUR ORGANIZATION, IT DOES NOT APPEAR YOU COULD QUALIFY FOR PAY ON THOSE DATES.