B-142121, MAR. 24, 1960

B-142121: Mar 24, 1960

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REQUESTS DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A SUPPLEMENTAL PAYROLL OF HEADQUARTERS AND HEADQUARTERS COMPANY. IT APPEARS THAT THE OFFICERS LISTED IN THE SUPPLEMENTAL PAYROLL WERE NOT PAID ON THE ORIGINAL PAYROLL OF HEADQUARTERS AND HEADQUARTERS COMPANY. FOR THE REASON THAT THE REQUIRED 60 PERCENT OF ASSIGNED ENLISTED STRENGTH OF THE UNIT WAS NOT PRESENT AT THOSE DRILLS. IT WAS STATED THAT EFFECTIVE MAY 1. WAS ORGANIZED AS A CONSOLIDATION OF TWO GROUPS. IT IS REPORTED THAT THE ATTENDANCE OF THE ENLISTED MEMBERS AT THE DRILLS INDICATED ABOVE DID NOT EQUAL 60 PERCENT COMPUTED ON A DRILL BY DRILL BASIS UNDER METHOD NO. 1. THAT SINCE THE AVERAGE ATTENDANCE WAS BASED IN PART ON THE ATTENDANCE FOR THE MONTH OF APRIL 1959 OF BUT ONE OF THE TWO UNITS WHICH WERE CONSOLIDATED.

B-142121, MAR. 24, 1960

TO MAJOR W. S. HUTCHISON, FINANCE AND ACCOUNTING OFFICER:

YOUR LETTER OF SEPTEMBER 11, 1959, FORWARDED BY THE OFFICE OF CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, UNDER DO NO. 482, ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTS DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A SUPPLEMENTAL PAYROLL OF HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180TH INFANTRY, MCALESTER, OKLAHOMA, FOR THE PERIOD FROM APRIL 1 TO JUNE 30, 1959, COVERING PAY OF 22 NATIONAL GUARD OFFICERS FOR DRILLS PERFORMED IN MAY AND JUNE 1959.

IT APPEARS THAT THE OFFICERS LISTED IN THE SUPPLEMENTAL PAYROLL WERE NOT PAID ON THE ORIGINAL PAYROLL OF HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180 INFANTRY, FOR THE DRILLS PERFORMED MAY 23 AND 24 AND JUNE 13 AND 14, 1959, FOR THE REASON THAT THE REQUIRED 60 PERCENT OF ASSIGNED ENLISTED STRENGTH OF THE UNIT WAS NOT PRESENT AT THOSE DRILLS. IT WAS STATED THAT EFFECTIVE MAY 1, 1959, PURSUANT TO GENERAL ORDERS NO. 9, ISSUED APRIL 22, 1959, BY THE OFFICE OF THE ADJUTANT GENERAL, HEADQUARTERS, OKLAHOMA NATIONAL GUARD, HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180TH INFANTRY, WAS ORGANIZED AS A CONSOLIDATION OF TWO GROUPS, CONSISTING OF HEADQUARTERS AND HEADQUARTERS COMPANY, 3RD BATTALION, 180TH INFANTRY, AND BATTERY B, 171ST FIELD ARTILLERY BATTALION. IT IS REPORTED THAT THE ATTENDANCE OF THE ENLISTED MEMBERS AT THE DRILLS INDICATED ABOVE DID NOT EQUAL 60 PERCENT COMPUTED ON A DRILL BY DRILL BASIS UNDER METHOD NO. 1, PARAGRAPH 27B, NATIONAL GUARD REGULATIONS NO. 59, DATED NOVEMBER 15, 1955, AND THAT SINCE THE AVERAGE ATTENDANCE WAS BASED IN PART ON THE ATTENDANCE FOR THE MONTH OF APRIL 1959 OF BUT ONE OF THE TWO UNITS WHICH WERE CONSOLIDATED, SUCH AVERAGE WAS NOT SUFFICIENT TO QUALIFY THE OFFICERS UNDER METHOD NO. 2 OF PARAGRAPH 27C.

SECTION 501 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, AS AMENDED, 37 U.S.C. 301, AUTHORIZES PAY FOR NATIONAL GUARD MEMBERS ATTENDING ASSEMBLIES OR DRILLS, TO THE EXTENT PROVIDED FOR BY APPROPRIATIONS AND UNDER SUCH REGULATIONS AS THE SECRETARY OF THE ARMY MAY PRESCRIBE. SECTION 502 OF 32 U.S. CODE, AS CODIFIED BY THE ACT OF AUGUST 10, 1956, 70A STAT. 610, CONTAINS PROVISIONS WITH RESPECT TO THE REQUIRED DRILLS, ETC., FOR TRAINING CREDIT UNDER SUCH REGULATIONS AS THE SECRETARY OF THE ARMY MAY PRESCRIBE. PERTINENT REGULATIONS PERTAINING TO REQUIREMENTS FOR ARMORY DRILL PAY ARE CONTAINED IN NATIONAL GUARD REGULATIONS NO. 58, DATED DECEMBER 5, 1956. PARAGRAPH 11A (1) THEREOF, PROVIDES AS FOLLOWS:

"A. ATTENDING DRILLS WITH OWN UNIT.

"/1) OFFICERS ARE ONLY AUTHORIZED PAY WHEN THE NUMBER OF ENLISTED MEN OF THEIR UNIT PRESENT IN UNIFORM IS AT LEAST SIXTY (60) PERCENT OF THE ASSIGNED STRENGTH, OR WHEN THE AVERAGE ATTENDANCE AT ALL DRILLS DURING THE QUARTER COVERED BY ONE PAY ROLL IS EQUAL TO OR EXCEEDS SIXTY (60) PERCENT OF THE ASSIGNED STRENGTH. (SEE NGR 59 FOR COMPUTATION OF PERCENTAGES.)

AN EXAMPLE OF HOW SUCH PERCENTAGES ARE COMPUTED IS CONTAINED IN PARAGRAPH 27D OF NATIONAL GUARD REGULATIONS NO. 59. IN USING METHOD NO. 1, THE PERCENTAGE FOR EACH DRILL IS OBTAINED BY DIVIDING THE NUMBER OF ENLISTED MEN PRESENT BY THE ENLISTED STRENGTH ON THAT DATE. IF THE PERCENTAGE OBTAINED FOR ANY GIVEN DRILL IS BELOW 60, METHOD NO. 2 IS USED, WHICH REQUIRES THE DIVIDING OF THE TOTAL NUMBER OF ENLISTED MEN PRESENT AT ALL DRILLS DURING THE PAY PERIOD BY THE NUMBER OF DRILLS SCHEDULED FOR THAT PAY PERIOD TO OBTAIN AN "AVERAGE ATTENDANCE," AND SUBSTITUTING SUCH "AVERAGE ATTENDANCE" FOR ACTUAL ATTENDANCE AT EACH DRILL, IN THE FORMULA USED IN DETERMINING THE PERCENTAGE UNDER METHOD 1. FOR EACH DRILL WHERE THE PERCENTAGE OBTAINED BY DIVIDING THE AVERAGE ATTENDANCE BY THE ENLISTED STRENGTH AT THE DATE OF EACH DRILL IS OVER 60, THE OFFICERS ARE QUALIFIED FOR PAY. NO PAY IS DUE FOR ANY DRILL UNLESS THE PERCENTAGE OBTAINED UNDER EITHER METHOD 1 OR 2 IS OVER 60.

PARAGRAPH 29, NATIONAL GUARD REGULATIONS NO. 59, PROVIDES FOR THE CONTINUATION OF THE SAME PAYROLL OF AN ORGANIZATION OR UNIT THAT HAS BEEN REDESIGNATED OR CONVERTED DURING A PAY PERIOD. HOWEVER, NO SPECIFIC REGULATIONS APPEAR TO COVER A SITUATION SUCH AS IS INVOLVED HERE, WHERE TWO UNITS ARE CONSOLIDATED AND REDESIGNATED AS A NEW UNIT. IT IS NOTED THAT EACH FORMER UNIT HAD DIFFERENT PAYROLL PERIODS, THAT OF BATTERY B, 171ST FIELD ARTILLERY BATTALION, HAVING ITS LAST PAY PERIOD ENDING APRIL 30, 1959, WHEREAS THE COMPARABLE PAY PERIOD OF HEADQUARTERS AND HEADQUARTERS COMPANY, 3RD BATTALION, 180TH INFANTRY, WOULD HAVE ENDED JUNE 30, 1959. IT APPEARS FURTHER THAT THE OKLAHOMA ADJUTANT GENERAL HAS ASSIGNED THE NEW UNIT THE PAY PERIOD OF HEADQUARTERS AND HEADQUARTERS COMPANY, 3RD BATTALION, 180TH INFANTRY.

IN ITS PRESENT FORM, THE PAYROLL SUBMITTED SHOWS THE ATTENDANCE RECORD AND STRENGTH OF TWO SEPARATE UNITS, THAT OF HEADQUARTERS AND HEADQUARTERS COMPANY, 3RD BATTALION, 180TH INFANTRY, FOR APRIL 1959, AND THAT OF HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180TH INFANTRY, FOR MAY AND JUNE 1959. THE PROVISIONS OF PARAGRAPH 3, NATIONAL GUARD REGULATIONS NO. 59, WOULD APPEAR TO REQUIRE THAT THE PAYROLL OF HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180TH INFANTRY, BE MADE SEPARATELY, COMMENCING MAY 1, 1959, THE EFFECTIVE DATE OF ITS DESIGNATION. IT SEEMS DOUBTFUL THAT PARAGRAPH 29 OF SAID REGULATIONS IS APPLICABLE, INASMUCH AS IT APPEARS TO CONTEMPLATE THE REDESIGNATION OR CONVERSION OF A SINGLE UNIT. BUT HOWEVER THAT MAY BE, IT IS CLEAR THAT FOR THE PURPOSES OF COMPUTING THE PERCENTAGE OF ATTENDANCE ON THE DAYS HERE INVOLVED UNDER METHOD NO. 2, THE USE OF THE COMBINED ATTENDANCE OF THOSE TWO UNITS FOR THE MONTHS APRIL THROUGH JUNE 1959 IN DETERMINING THE AVERAGE ATTENDANCE, WOULD RESULT IN AN ATTENDANCE PERCENTAGE ON SUCH DAYS WHICH IS INACCURATE AND NOT WARRANTED BY THE ACTUAL FACTS INVOLVED. IT IS BELIEVED THAT ONLY ATTENDANCE ON AND AFTER MAY 1, 1959, SHOULD BE USED FOR THAT PURPOSE.

SINCE HEADQUARTERS AND HEADQUARTERS COMPANY, 2ND BATTLE GROUP, 180TH INFANTRY, PERFORMED EIGHT DRILLS IN MAY AND JUNE, AND HAD A TOTAL OF 521 ENLISTED MEMBERS AT THESE DRILLS, THE AVERAGE FOR EACH DRILL WAS 65.1. THIS AVERAGE WHEN SUBSTITUTED FOR THE ACTUAL ATTENDANCE ON MAY 23 AND 24 AND JUNE 13 AND 14, AND DIVIDED BY THE ENROLLED ENLISTED STRENGTH FOR THESE DAYS, RESULTS IN PERCENTAGES IN EXCESS OF 60, FOR EACH OF THOSE DAYS, THEREBY QUALIFYING THE OFFICERS FOR PAY FOR THE DRILLS PERFORMED ON SUCH DAYS. ACCORDINGLY, IF AMENDED TO REFLECT THE FOREGOING, PAYMENT ON THE PAYROLL SUBMITTED WITH YOUR LETTER IS AUTHORIZED IF OTHERWISE CORRECT, AND SUCH PAYROLL IS RETURNED HEREWITH.