B-139870, AUG. 13, 1959

B-139870: Aug 13, 1959

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SERGEANT THOMPSON WAS ORIGINALLY ASSIGNED TO THE 350TH EVACUATION HOSPITAL DETACHMENT FROM THE 2196TH USAR CONTROL GROUP. YOU REPORT THAT DA FORM NO. 1379 OF THE 660TH TRANSPORTATION COMPANY INDICATES THAT SERGEANT THOMPSON WAS "ATTACHED FROM OTHER ORGANIZATION.'. WERE AMENDED TO CHANGE THE UNIT ASSIGNMENT OF THE ENLISTED MAN TO THE 660TH TRANSPORTATION COMPANY BUT NO CHANGE WAS MADE IN THE EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY. WERE AMENDED BY PARAGRAPH 117. YOU EXPRESS THE VIEW THAT SPECIAL ORDERS NO. 30 (98) AND NO. 145 ARE NOT VALID INASMUCH AS "CONFIRMATION OF VERBAL ORDERS IS NOT INCORPORATED THEREIN. " AND THAT THE VALIDITY OF THE CLAIM IS QUESTIONABLE IN VIEW OF THE RETROACTIVE CHANGE OF EDCSA DATE FROM FEBRUARY 27.

B-139870, AUG. 13, 1959

TO CAPTAIN W. A. BAILEY, DISBURSING OFFICER:

UNDER DATE OF JUNE 9, 1959, THE CHIEF OF FINANCE FORWARDED YOUR LETTER OF MAY 6, 1959, SUBMITTING SUPPLEMENTAL INACTIVE DUTY TRAINING ARMY RESERVE PAYROLL, WITH SUPPORTING PAPERS, IN THE CASE OF SERGEANT TERRY M. THOMPSON, ER 52 396 669, FOR ADVANCE DECISION WHETHER PAYMENT MAY BE MADE TO HIM FOR INACTIVE DUTY TRAINING ASSEMBLIES HE ATTENDED FOR THE PERIOD OCTOBER 1, 11957, TO DECEMBER 31, 1957.

BY PARAGRAPH 194, SPECIAL ORDERS NO. 30, HEADQUARTERS, XX U.S. ARMY CORPS (RESERVE), FORT HAYES, COLUMBUS, OHIO, DATED FEBRUARY 12, 1958, SERGEANT THOMPSON WAS ORIGINALLY ASSIGNED TO THE 350TH EVACUATION HOSPITAL DETACHMENT FROM THE 2196TH USAR CONTROL GROUP, WITH EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY STATED AS FEBRUARY 27, 1958. YOU REPORT THAT DA FORM NO. 1379 OF THE 660TH TRANSPORTATION COMPANY INDICATES THAT SERGEANT THOMPSON WAS "ATTACHED FROM OTHER ORGANIZATION.' UNDER THE PROVISIONS OF PARAGRAPH 207, SPECIAL ORDERS NO. 98, HEADQUARTERS, XX, U.S. ARMY CORPS, FORT HAYES, COLUMBUS, OHIO, DATED MAY 19, 1958, THE ORDERS OF FEBRUARY 12, 1958, WERE AMENDED TO CHANGE THE UNIT ASSIGNMENT OF THE ENLISTED MAN TO THE 660TH TRANSPORTATION COMPANY BUT NO CHANGE WAS MADE IN THE EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY. THE ORDERS OF MAY 19, 1958, WERE AMENDED BY PARAGRAPH 117, SPECIAL ORDERS NO. 145, SAME HEADQUARTERS, DATED JULY 25, 1958, SO AS TO CHANGE THE EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY FROM FEBRUARY 27, 1958, TO SEPTEMBER 12, 1957.

AN EXTRACT COPY OF DA FORM 1379 OF THE 660TH TRANSPORTATION COMPANY FOR THE MONTHS OF OCTOBER, NOVEMBER AND DECEMBER, 1957, SHOWS THAT SERGEANT THOMPSON ATTENDED A TOTAL OF NINE INACTIVE DUTY TRAINING ASSEMBLIES FOR THE PERIOD. YOU EXPRESS THE VIEW THAT SPECIAL ORDERS NO. 30 (98) AND NO. 145 ARE NOT VALID INASMUCH AS "CONFIRMATION OF VERBAL ORDERS IS NOT INCORPORATED THEREIN," AND THAT THE VALIDITY OF THE CLAIM IS QUESTIONABLE IN VIEW OF THE RETROACTIVE CHANGE OF EDCSA DATE FROM FEBRUARY 27, 1958, TO SEPTEMBER 12, 1957, BEING EFFECTED BY ORDERS ISSUED ON JULY 25, 1958.

THE AVAILABLE RECORD DOES NOT SHOW WHETHER SERGEANT THOMPSON WAS ACTING ON VERBAL ORDERS WHEN HE ATTENDED THE INACTIVE DUTY TRAINING ASSEMBLIES WITH THE 660TH TRANSPORTATION COMPANY. NEITHER DOES IT APPEAR THAT HE WAS ASSIGNED TO THAT COMPANY DURING THE PERIOD IN QUESTION. DA FORM 1379 INDICATES THAT HE WAS "ATTACHED FROM OTHER ORGANIZATION.' PRESUMABLY HE WAS OFFICIALLY ASSIGNED TO THE 2196TH USAR CONTROL GROUP DURING THE PERIOD HE WAS ATTENDING THE TRAINING ASSEMBLIES IN QUESTION SINCE SPECIAL ORDERS NO. 30, ORIGINALLY ASSIGNED HIM FROM THAT CONTROL GROUP TO THE 350TH EVACUATION HOSPITAL DETACHMENT EFFECTIVE FEBRUARY 27, 1958.

AS INDICATED ABOVE THE RECORD DOES NOT SHOW UPON WHAT AUTHORITY SERGEANT THOMPSON ATTENDED THE INACTIVE DUTY TRAINING ASSEMBLIES WITH THE 660TH TRANSPORTATION COMPANY. IF HE WAS ACTING UNDER VERBAL ORDERS, IT IS CLEAR THAT SUCH ORDERS WERE NOT LATER CONFIRMED BY WRITTEN ORDERS. SEE, IN THIS CONNECTION, PARAGRAPH 3002-2 OF THE JOINT TRAVEL REGULATIONS. IT IS WELL SETTLED THAT RETROACTIVE ORDERS, SUCH AS SPECIAL ORDERS NO. 145, PURPORTING TO CHANGE THE EDCSA DATE FROM FEBRUARY 27, 1958, TO SEPTEMBER 12, 1957, ARE WITHOUT EFFECT TO EITHER INCREASE OR DECREASE VESTED RIGHTS OF GOVERNMENT PERSONNEL. B 134395, FEBRUARY 3, 1958; 23 COMP. GEN. 713; 24 ID. 439. ONLY ATTENDANCE PURSUANT TO PROPER ASSIGNMENT ORDERS MAY BE CONSIDERED ATTENDANCE FOR PAY PURPOSES.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE SUPPLEMENTAL PAYROLL WHICH, TOGETHER WITH SUPPORTING PAPERS, IS BEING RETAINED HERE.