B-128370, JULY 17, 1956, 36 COMP. GEN. 46

B-128370, JULY 17, 1956, 36 COMP. GEN. 46

PAY - TRAINING - RESERVISTS - TWO DRILL PERIODS A RESERVE TRAINING PERIOD OF MORE THAN EIGHT HOURS INSTEAD OF TWO TRAINING PERIODS SCHEDULED IN THE NEXT PAYROLL QUARTER, MAY BE CONSIDERED AS TWO DRILL ASSEMBLIES FOR PAY AND ALLOWANCE PURPOSES RATHER THAN AS DUTY IN LIEU OF ATTENDANCE AT TRAINING ASSEMBLIES, WHICH IS REQUIRED BY REGULATION TO BE HELD WITHIN THE SAME PAYROLL QUARTER.

TO LIEUTENANT COLONEL O. A. COLEMAN, DEPARTMENT OF THE ARMY, JULY 17, 1956:

REFERENCE IS MADE TO YOUR 5TH ENDORSEMENT (AKPSIFI-326) DATED APRIL 25, 1956, REQUESTING ADVANCE DECISION ON THE PROPRIETY OF PAYING SUPPLEMENTAL INACTIVE DUTY TRAINING (RESERVE DUTY TRAINING) PAYROLLS OF HEADQUARTERS AND HEADQUARTERS BATTERY AND BATTERIES, A, B, C AND D, 391ST ANTIAIRCRAFT ARTILLERY BATTALION ( AW) ( SP), USAR, DURANT, OKLAHOMA, FOR THE PERIOD FROM OCTOBER 1, 1955, TO DECEMBER 31, 1955. THE SUPPLEMENTAL PAYROLLS COVER RESERVE DUTY TRAINING (INACTIVE DUTY TRAINING) OF OFFICERS AND ENLISTED MEMBERS OF SUCH UNITS FOR ATTENDANCE AT A MULTIPLE TRAINING PERIOD HELD ON SUNDAY, DECEMBER 11, 1955. YOU STATE THAT "DOUBT IS ENTERTAINED AS TO THE LEGALITY OF THE PAYMENTS INASMUCH AS THE MULTIPLE TRAINING ASSEMBLY (HELD IN LIEU OF TWO TRAINING ASSEMBLIES SCHEDULED FOR FEBRUARY 1956) WAS NOT CONDUCTED IN THE SAME PAYROLL QUARTER COVERED BY THE SCHEDULED ASSEMBLIES, 14 AND 28 FEBRUARY 1956. THE PAYROLL QUARTERS ARE 1 OCTOBER TO 31 DECEMBER 1955 AND 1 JANUARY TO 31 MARCH 1956.'

THE COMMANDER, HEADQUARTERS FOURTH ARMY, FORT SAM HOUSTON, TEXAS, IN FORWARDING YOUR REQUEST FOR DECISION, COMMENTED (IN 6TH ENDORSEMENT DATED MAY 2, 1956), AS FOLLOWS:

1. PARAGRAPH 6D (1), AR 140-250 IS INTERPRETED TO APPLY TO APPROPRIATE DUTY AND EQUIVALENT TRAINING PERFORMED ON AN INDIVIDUAL BASIS AS DISTINGUISHED FROM UNIT TRAINING.

2. PARAGRAPH 5A PROVIDES THAT NOT MORE THAN 35 PERCENT OF THE AUTHORIZED TRAINING ASSEMBLIES MAY BE CONDUCTED IN ANY ONE QUARTER. THIS PARAGRAPH FURTHER PROVIDES THAT AREA COMMANDERS MAY AUTHORIZE DEVIATION FROM THE FOREGOING IN CASES WHEREIN THEY DEEM SUCH ACTION IS WARRANTED.

3. THIS HEADQUARTERS IS NOT COGNIZANT OF ANY REQUIREMENT THAT THE DATES OF SCHEDULED ASSEMBLIES FOR WHICH A MULTIPLE TRAINING ASSEMBLY IS CONDUCTED BE SHOWN ON THE PAYROLL.

4. IT IS THE OPINION OF THIS HEADQUARTERS THAT SO LONG AS A MULTIPLE TRAINING ASSEMBLY IS CONDUCTED IN LIEU OF REGULARLY SCHEDULED TRAINING ASSEMBLIES AND THE COMBINED TOTAL OF SUCH ASSEMBLIES FOR THE QUARTER DOES NOT EXCEED 35 PERCENT OF THE AUTHORIZED ASSEMBLIES, THAT PERSONNEL ARE ENTITLED TO BE PAID.

SECTION 501 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, 37 U.S.C. 301, PROVIDES FOR THE COMPENSATION PAYABLE TO RESERVE PERSONNEL, UNDER SUCH REGULATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES, AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED.

PARAGRAPH 42B, ARMY REGULATIONS NO. 140-305, DATED DECEMBER 5, 1952, AS CHANGED BY CHANGES NO. 4, DATED AUGUST 29, 1955, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

TRAINING ASSEMBLIES FOR RESERVE DUTY TRAINING. A TRAINING ASSEMBLY IS A DULY AUTHORIZED AND SCHEDULED PERIOD OF TRAINING CONDUCTED BY THE UNIT ON RESERVE DUTY STATUS AND OF NOT LESS THAN 2-HOURS' DURATION, EXCLUSIVE OF REST PERIODS AND INTERRUPTIONS.

( (1) SINGLE FORMATION ASSEMBLY.)

( (2) SPLIT ASSEMBLY.)

(3) (ADDED) MULTIPLE TRAINING PERIODS. A DULY ORDERED TRAINING ASSEMBLY OF A COMPANY OR SIMILAR UNIT, OR A PERIOD OF EQUIVALENT TRAINING OR INSTRUCTION HELD DURING 1 CALENDAR DAY IN LIEU OF REGULARLY SCHEDULED ARMORY DRILL PERIODS IN WHICH MORE THAN 1 DRILL PERIOD IS AUTHORIZED. FOR EACH SUCH MULTIPLE TRAINING PERIOD CONDUCTED FOR 8 HOURS OR MORE, A MAXIMUM OF 2 DRILL ASSEMBLIES MAY BE AUTHORIZED FOR PAY AND RETIREMENT PURPOSES.

ARMY REGULATIONS NO. 140-250, DATED OCTOBER 7, 1952, EFFECTIVE JANUARY 1, 1953, PROVIDE, IN PERTINENT PART, AS FOLLOWS:

6. ENTITLEMENT TO PAY.

D. RESTRICTIONS ON PAYMENT.

(1) THE COMBINED NUMBER OF TRAINING ASSEMBLIES, PERIODS OF APPROPRIATE DUTY, AND PERIODS OF EQUIVALENT TRAINING FOR WHICH PAY IS AUTHORIZED WILL NOT EXCEED THE TOTAL NUMBER OF TRAINING ASSEMBLIES AUTHORIZED AND SCHEDULED FOR PAY FOR THE PAYROLL QUARTER FOR THE UNIT TO WHICH THE RESERVIST IS ASSIGNED. DUTY PERFORMED IN LIEU OF ATTENDANCE AT THE SCHEDULED TRAINING ASSEMBLIES MUST BE PERFORMED WITHIN THE SAME PAYROLL QUARTER AS THE SCHEDULED ASSEMBLY. ORDERS DIRECTING SUCH DUTY MUST BE ISSUED IN ADVANCE OF BOTH THE REGULARLY SCHEDULED TRAINING ASSEMBLY AND THE EQUIVALENT TRAINING OR APPROPRIATE DUTY WHICH IS PERFORMED IN LIEU THEREOF.

WHILE IT IS STATED IN THE PAPERS ACCOMPANYING YOUR SUBMISSION THAT ATTENDANCE AT THE MULTIPLE TRAINING PERIOD HELD ON DECEMBER 11, 1955, WAS IN LIEU OF ATTENDANCE AT TWO ARMORY DRILLS WHICH ONCE HAD BEEN SCHEDULED TO BE HELD IN FEBRUARY 1956, IT IS OUR VIEW THAT, UNDER THE DEFINITION OF " TRAINING ASSEMBLIES FOR RESERVE DUTY TRAINING" AS CHANGED BY CHANGES NO. 4, DATED AUGUST 29, 1955, TO PARAGRAPH 42B OF ARMY REGULATIONS NO. 140- 305, THE DUTY PERFORMED ON DECEMBER 11, 1955, REASONABLY MAY BE CONSIDERED DUTY PERFORMED AT A "DULY ORDERED TRAINING ASSEMBLY" ON THAT DATE RATHER THAN " DUTY PERFORMED IN LIEU OF ATTENDANCE AT THE SCHEDULED TRAINING ASSEMBLIES" WITHIN THE MEANING OF PARAGRAPH 6D (1), AR 140-250.

ACCORDINGLY, ASSUMING THAT THE MILITARY TRAINING PERIOD CONDUCTED ON DECEMBER 11, 1955, WAS EIGHT HOURS OR MORE IN DURATION AND THAT SUCH DUTY WAS AUTHORIZED BY COMPETENT AUTHORITY TO BE CONSIDERED AS TWO DRILL ASSEMBLIES FOR PAY AND RETIREMENT PURPOSES (SEE PARAGRAPH 42B, AR 140-305, QUOTED ABOVE), PAYMENT ON THE SUPPLEMENTAL PAYROLLS, WHICH ARE RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.