B-141748, MAR 10, 1960

B-141748: Mar 10, 1960

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S. HUTCHINSON: FINANCE AND ACCOUNTING OFFICER THROUGH CHIEF OF FINANCE DEPARTMENT OF THE ARMY REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21. YOU STATE THAT DOUBT IS ENTERTAINED AS TO THE LEGALITY OF PAYMENT FOR THE DRILLS IN QUESTION INASMUCH AS THE NUMBER OF ASSEMBLIES CLAIMED FOR THE PAYROLL PERIOD ENDING JUNE 30. THERE IS FURNISHED A TABULATION SHOWING THE NUMBER OF DRILLS PER QUARTER AUTHORIZED BY APPROPRIATE TRAINING SCHEDULES WHICH WERE CONDUCTED BY PERSONNEL ASSIGNED TO THE STAFF AND FACULTY OF THE PARENT SCHOOL AND SATELLITE DEPARTMENTS DURING THE FISCAL YEAR 1959. AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS. A TRAINING ASSEMBLY IS A DULY AUTHORIZED AND SCHEDULED PERIOD OF TRAINING CONDUCTED BY THE UNIT ON A RESERVE DUTY STATUS AND.

B-141748, MAR 10, 1960

PRECIS-UNAVAILABLE

MAJOR W. S. HUTCHINSON:

FINANCE AND ACCOUNTING OFFICER

THROUGH CHIEF OF FINANCE

DEPARTMENT OF THE ARMY

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 21, 1959, REQUESTING ADVANCE DECISION ON THE PROPRIETY OF PAYING SUPPLEMENTAL UNIT TRAINING ASSEMBLY PAYROLL FOR OFFICERS AND ENLISTED PERSONNEL OF THE SATELLITE BRANCHES OF THE 4155TH ARSU OKLAHOMA CITY USAR SCHOOL FOR THE QUARTERLY PAYROLL PERIOD FROM APRIL 1 THROUGH JUNE 30, 1959. YOUR REQUEST FOR DECISION HAS BEEN ASSIGNED D.O. NO. 472, BY THE DEPARTMENT OF DEFENSE MILITARY AND PAY AND ALLOWANCE COMMITTEE.

YOU STATE THAT DOUBT IS ENTERTAINED AS TO THE LEGALITY OF PAYMENT FOR THE DRILLS IN QUESTION INASMUCH AS THE NUMBER OF ASSEMBLIES CLAIMED FOR THE PAYROLL PERIOD ENDING JUNE 30, 1959, EXCEEDS THOSE SCHEDULED BY THE PARENT UNIT FOR THE QUARTER INVOLVED. FIRST INDORSEMENT DATED AUGUST 28, 1959, FROM HEADQUARTERS, FOURTH U.S. ARMY TO FIELD DIVISION, CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, CITES PARAGRAPH 20-35F, AR 37 104, AS PROHIBITING PAYMENT FOR ANY ASSEMBLIES IN EXCESS OF THE TOTAL NUMBER OF TRAINING ASSEMBLIES AUTHORIZED AND SCHEDULED FOR THE PARENT SCHOOL FOR THE PAYROLL QUARTER. IN FOURTH INDORSEMENT DATED NOVEMBER 5, 1959, FROM THE COMMANDANT, HEADQUARTERS, 4155TH ARSU OKLAHOMA CITY USAR SCHOOL, THERE IS FURNISHED A TABULATION SHOWING THE NUMBER OF DRILLS PER QUARTER AUTHORIZED BY APPROPRIATE TRAINING SCHEDULES WHICH WERE CONDUCTED BY PERSONNEL ASSIGNED TO THE STAFF AND FACULTY OF THE PARENT SCHOOL AND SATELLITE DEPARTMENTS DURING THE FISCAL YEAR 1959.

SECTION 501(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, AS AMENDED, 37 U.S.C. 301, PROVIDES FOR THE COMPENSATION PAYABLE TO RESERVE PERSONNEL, UNDER SUCH REGULATION 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.

SECTION IV OF AR 140-305, DECEMBER 18, 1956, PERTAINING TO THE TRAINING OF THE ARMY RESERVE, CONTAINS AT PARAGRAPH 39A THE POLICIES FOR RESERVE DUTY TRAINING. SUBPARAGRAPH 39B PROVIDES 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 A RESERVE DUTY STATUS AND, EXCEPT FOR MULTIPLE DRILL AND WEEKEND ASSEMBLIES, WILL BE OF NOT LESS THAN 2 HOURS' DURATION, EXCLUSIVE OF REST PERIODS AND INTERRUPTIONS."

PARAGRAPH 38C, ABOVE REGULATION, PROVIDES:

"USAR SCHOOLS. USAR SCHOOLS WILL BE ESTABLISHED AT LOCATIONS SELECTED BY COMMANDERS IN ACCORDANCE WITH DIRECTIVES FROM THE COMMANDING GENERAL, CONTINENTAL ARMY COMMAND. STAFF AND FACULTY OF EACH SCHOOL WILL CONSIST OF PERSONNEL AUTHORIZED BY THE APPLICABLE TABLE OF DISTRIBUTION. USAR SCHOOLS ARE INTENDED PRIMARILY FOR GENERAL STAFF, BRANCH, AND MOS TRAINING OF OFFICERS AND ENLISTED MEN OF THE READY RESERVE WHO ARE NOT ASSIGNED TO UNITS. HOWEVER, OFFICERS HAVING A TROOP PROGRAM UNIT ASSIGNMENT OF A MOBILIZATION DESIGNATION MAY PARTICIPATE IN AN ATTACHED STATUS WITH THE USAR SCHOOLS. PARTICIPATION MUST BE IN ADDITION TO UNIT TRAINING OR, WITH THE APPROVAL OF THE UNIT COMMANDER OR PROPONENT AGENCY CONCERNED, IN LIEU OF THE REGULARLY SCHEDULED DUTY AND TRAINING. ENLISTED RESERVISTS ASSIGNED TO TROOP PROGRAM UNITS ARE AUTHORIZED TO UNDERTAKE SPECIAL MOS TRAINING UPON APPROVAL OF THE UNIT COMMANDER AND USAR SCHOOL COMMANDANT CONCERNED."

PARAGRAPH 20-35A(2), CHANGE 1, AR 37-104, DATED MARCH 5, 1958, RELATING TO THE BASIS OF ASSIGNMENT OF RESERVE UNITS TO "PAY GROUPS," DEPENDING ON THE NUMBER OF PAID TRAINING ASSEMBLIES AND THE DAYS OF ACTIVE DUTY FOR TRAINING TO BE PERFORMED, PROVIDES THAT:

"ASSIGNMENT TO PAY GROUPS IS DEPENDENT UPON TRAINING PRIORITIES AND TRAINING PRACTICE WHICH WILL BE ANNOUNCED ANNUALLY IN SEPARATE DEPARTMENT OF ARMY DIRECTIVES. OF THE TOTAL NUMBER OF PAID TRAINING ASSEMBLIES AUTHORIZED NO MORE THAN 35 PERCENT WILL BE HELD DURING ANY 3 MONTH PAY PERIOD AND NO MORE THAN 20 PERCENT WILL BE HELD DURING ANY 1 CALENDAR MONTH (FRACTIONS TO BE DISREGARDED EXCEPT WHERE ZERO WILL RESULT). ARMY COMMANDERS MAY AUTHORIZE DEVIATION FROM THE FOREGOING IN CASES WHEREIN THEY DEEM SUCH ACTION IS WARRANTED."

SUBPARAGRAPH 20-35F OF THE ABOVE REGULATION, CITED AS APPARENTLY PROHIBITING THE PROPOSED PAYMENTS, READS AS FOLLOWS:

"F. RESTRICTIONS ON PAYMENT

(1) NOT TO EXCEED NUMBER OF ASSEMBLIES AUTHORIZED FOR UNIT. THE COMBINED NUMBER OF TRAINING ASSEMBLIES, PERIODS OF APPROPRIATE DUTY, AND PERIODS OF EQUIVALENT TRAINING FOR WHICH PAY IS AUTHORIZED AND SCHEDULED FOR THE PAYROLL QUARTER FOR THE UNIT TO WHICH THE RESERVIST IS ASSIGNED. ***"

THE RECORD INDICATES THAT THE MEMBERS SHOWN ON THE PAYROLL SUBMITTED WERE NOT PAID FOR DRILLS ATTENDED ON THE DATES LISTED BECAUSE OF A REORGANIZATION OR CHANGE IN ADMINISTRATIVE PROCEDURE WHICH REQUIRED THAT THE SATELLITE PAYROLLS BE CONSOLIDATED WITH THE PAYROLL OF THE PARENT UNIT. IT IS REPORTED, HOWEVER, THAT PHYSICAL CONSOLIDATION OF THE SATELLITE DEPARTMENTS WITH THE PARENT SCHOOL WAS NOT EFFECTED AND THAT THE ASSIGNMENT OF THE STAFF AND FACULTY MEMBERS OF THE PARENT SCHOOL AND APPROPRIATE SATELLITE DEPARTMENTS REMAINED UNCHANGED. WHILE IT IS NOT DEFINITELY SO STATED, IT IS ASSUMED FROM THE INFORMATION FURNISHED THAT EACH MEMBER INVOLVED WAS ASSIGNED TO ONE OF THE SATELLITE DEPARTMENTS AND ATTENDED ALL DRILLS DURING THE QUARTER WITH THAT SATELLITE, ANY ASSIGNMENT TO THE PARENT SCHOOL BEING PRIMARILY FOR ADMINISTRATIVE PURPOSES. IF THAT BE THE CASE, IT WOULD APPEAR THAT THE RESTRICTIONS OF SUBPARAGRAPH 20-35F, AR 37-104, WOULD NOT BAR PAYMENT OF THE PAYROLL SINCE THE COMBINED NUMBER OF TRAINING ASSEMBLIES FOR WHICH EACH RESERVIST WOULD BE PAID WOULD NOT EXCEED THE TOTAL NUMBER OF TRAINING ASSEMBLIES AUTHORIZED AND SCHEDULED FOR THE QUARTER FOR THE UNIT (SATELLITE DEPARTMENT) TO WHICH THE RESERVIST ACTUALLY WAS ASSIGNED FOR TRAINING DUTY PURPOSES.

THE DRILLS FOR WHICH PAYMENT IS CLAIMED DID NOT EXCEED 48 IN THE FISCAL YEAR ENDING JUNE 30, 1959, OR 35 PERCENT OF THAT NUMBER IN THE QUARTER ENDING THAT DATE, AND, THEREFORE, IF THE FACTS ARE AS ASSUMED ABOVE, PAYMENT ON THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE MADE, IF OTHERWISE PROPER.