B-152487, SEP. 24, 1963, 43 COMP. GEN. 293

B-152487, SEP. 24, 1963, 43 COMP. GEN. 293

NATIONAL GUARD - PAY, ETC., ENTITLEMENT - ACTIVE DUTY DETERMINATION A MEMBER OF THE ALABAMA ARMY OR AIR NATIONAL GUARD CALLED INTO ACTIVE FEDERAL SERVICE PURSUANT TO EXECUTIVE ORDER NO. 11118, SEPTEMBER 10, 1963, FOR AN INDEFINITE PERIOD IS CONSIDERED ON ACTIVE DUTY WITHIN THE MEANING OF 37 U.S.C. 204 FOR ENTITLEMENT TO PAY AND ALLOWANCES IF WHEN OFFICIALLY CONTACTED IN PERSON OR BY TELEPHONE OR, IN RESPONSE TO UNOFFICIAL CONTACT OR PUBLIC ANNOUNCEMENT BY RADIO, TELEVISION, ETC., HE REPORTED TO HIS UNIT IN PERSON OR BY TELEPHONE OR OTHER MEANS OF COMMUNICATION PURSUANT TO THE CALL OF HIS UNIT INTO FEDERAL SERVICE; THEREFORE, PAYMENT MAY BE MADE TO MEMBERS WHO UPON BECOMING SUBJECT TO EXECUTIVE ORDER NO. 11118 WERE ALREADY IN THE SERVICE UNDER EXECUTIVE ORDER NO. 11111, DATED JUNE 11, 1963, TO MEMBERS AT THEIR ARMORIES UNDER ORDERS OF THE GOVERNOR OF ALABAMA ISSUED PRIOR TO SEPTEMBER 10, AND TO MEMBERS REPORTING WITH THEIR UNITS, BUT PAYMENT MAY NOT BE MADE TO GUARDSMEN UNABLE TO RESPOND TO THE ACTIVE DUTY CALL, AND AS TO THOSE MEMBERS ALERTED BUT CONTINUING ON NORMAL DUTIES, ENTITLEMENT DEPENDS ON WHETHER THEY RECEIVED AND COMPLIED WITH THEIR ORDERS--- ALL DOUBTFUL CASES TO BE SUBMITTED FOR INDIVIDUAL DECISION ON THE MERITS.

TO THE SECRETARY OF THE ARMY, SEPTEMBER 24, 1963:

REFERENCE IS MADE TO LETTER OF SEPTEMBER 13, 1963, WITH ENCLOSURES, FROM THE ACTING SECRETARY OF THE ARMY, REQUESTING A DECISION WITH RESPECT TO ENTITLEMENT TO PAY OF MEMBERS OF THE ALABAMA ARMY AND AIR NATIONAL GUARD CALLED INTO ACTIVE FEDERAL SERVICE ON SEPTEMBER 10, 1963, WHO WERE NOT REQUIRED TO REPORT IN PERSON TO THEIR UNIT ARMORIES. THE REQUEST FOR DECISION HAS BEEN ASSIGNED SUBMISSION NO. SS-A-725 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 11118, SEPTEMBER 10, 1963, AS IMPLEMENTED BY A MEMORANDUM OF THE SECRETARY OF DEFENSE TO THE SERVICE SECRETARIES DATED SEPTEMBER 10, 1963, THE SECRETARY OF THE ARMY TRANSMITTED TO THE GOVERNOR OF ALABAMA ON SEPTEMBER 10, 1963, THE PRESIDENT'S CALL INTO THE SERVICE OF THE UNITED STATES, EFFECTIVE AT 0716 HOURS, EASTERN DAYLIGHT TIME, SEPTEMBER 10, 1963, FOR AN INDEFINITE PERIOD, OF ALL ARMY AND AIR NATIONAL GUARD ORGANIZATIONS OF THE STATE OF ALABAMA NOT THEN IN THE ACTIVE SERVICE, AND ALL PERSONNEL ASSIGNED THERETO, DIRECTING THEIR ASSEMBLY AT THEIR RESPECTIVE NATIONAL GUARD ARMORIES AND AIR NATIONAL GUARD AIR BASES IN THE STATE OF ALABAMA. ON THE SAME DATE, THE SECRETARY OF THE ARMY TRANSMITTED ADDITIONAL INSTRUCTIONS TO THE GOVERNOR OF ALABAMA THAT UNITS AND MEMBERS THEREOF WHICH HAD BEEN CALLED INTO STATE SERVICE BY HIM WOULD BE HELD AT ARMORIES PENDING FURTHER INSTRUCTIONS AND THAT MEMBERS OF ALL OTHER UNITS ALTHOUGH IN THE ACTIVE FEDERAL SERVICE WOULD NOT BE REQUIRED TO REPORT TO THEIR ARMORIES UNLESS FURTHER INSTRUCTIONS WERE ISSUED. ONE OF THE ENCLOSURES SUBMITTED WITH THE SECRETARY'S LETTER IS AN OPINION OF THE ACTING THE JUDGE ADVOCATE GENERAL OF THE ARMY DATED SEPTEMBER 12, 1963 (JAGA1963/4738) CONCLUDING FOR THE REASONS STATED THAT THOSE MEMBERS OF THE ALABAMA ARMY NATIONAL GUARD WHO WERE CALLED INTO ACTIVE FEDERAL SERVICE ON SEPTEMBER 10, 1963, BUT WHO WERE NOT REQUIRED TO REPORT TO THEIR UNIT ARMORIES, WOULD BE ENTITLED TO RECEIVE PAY IF OTHERWISE QUALIFIED. IT IS STATED IN THAT OPINION THAT THE GENERAL COUNSEL, DEPARTMENT OF THE ARMY, AND THE JUDGE ADVOCATE GENERAL OF THE AIR FORCE CONCUR.

UNDER THE STATUTORY PROVISIONS IN EFFECT PRIOR TO THE STATUTORY CODIFICATION OF TITLES 10, 32 AND 37 OF THE U.S.C. THE PAY STATUS OF A MEMBER OF THE NATIONAL GUARD COMMENCED ON THE DATE HE APPEARED AT THE PLACE OF COMPANY RENDEZVOUS. SEE 4 COMP. GEN. 872. THE APPLICABLE PROVISIONS OF LAW CITED IN THAT DECISION ARE CONTAINED IN 32 U.S.C. 157 (1952 ED.). IN OUR DECISION OF APRIL 3, 1958, B-135120, 37 COMP. GEN. 655, CITED IN THE JUDGE ADVOCATES GENERAL'S OPINION, INVOLVING CIRCUMSTANCES SOMEWHAT SIMILAR TO THOSE IN THIS CASE THERE WERE CONSIDERED, AMONG OTHER THINGS, THE PROVISIONS OF PARAGRAPH 74, DEPARTMENT OF THE ARMY, SPECIAL REGULATIONS NO. 130-10-1, DATED AUGUST 14, 1951, WHICH EXPRESSLY PROVIDED AS TO THE ARMY NATIONAL GUARD THAT ,* * * PAY COMMENCES ON THE DATE THE UNIT ENTERS INTO ACTIVE MILITARY SERVICE, PROVIDED THE INDIVIDUAL CONCERNED APPEARS AND REPORTS IN PERSON TO HIS UNIT RENDEZVOUS ON THAT DATE, * * *.' IN VIEW OF THOSE REGULATIONS, WE HELD IN THAT DECISION THAT CIVILIAN EMPLOYEES WHO WERE MEMBERS OF THE ARKANSAS ARMY NATIONAL GUARD WHEN IT WAS FEDERALIZED PURSUANT TO EXECUTIVE ORDER NO. 10730 WERE NOT ENTITLED TO MILITARY PAY AND ALLOWANCES UNTIL THE DATE THEY ACTUALLY REPORTED TO THE UNIT POINT OF ASSEMBLY OR, IF ABSENT FROM THE VICINITY, FROM THE DATE THEY BEGAN DIRECT TRAVEL TO THE DUTY STATION. SEE, ALSO, 37 COMP. GEN. 255.

SECTION 204 (C) OF TITLE 37 U.S. CODE, NOW PROVIDES, HOWEVER, THAT ONLY A MEMBER OF THE NATIONAL GUARD WHO IS CALLED INTO FEDERAL SERVICE FOR A PERIOD OF 30 DAYS OR LESS IS NOT ENTITLED TO BASIC PAY UNTIL THE DATE WHEN HE APPEARS AT THE PLACE OF COMPANY RENDEZVOUS. SECTION 101 (19) OF TITLE 37 DEFINES "ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS" AS MEANING ACTIVE DUTY UNDER A CALL OR ORDER THAT DOES NOT SPECIFY A PERIOD OF 30 DAYS OR LESS. THERE IS NO PROVISION NOW IN THE LAW WHICH WOULD REQUIRE A MEMBER OF THE ARMY OR AIR NATIONAL GUARD WHO WAS CALLED OR ORDERED TO ACTIVE DUTY FOR AN "INDEFINITE PERIOD" TO REPORT TO HIS PLACE OF COMPANY RENDEZVOUS BEFORE HIS PAY COMMENCES. IN THIS CONNECTION, ARMY REGULATIONS NO. 135-300, DECEMBER 1962, GOVERNING THE MOBILIZATION OF ARMY NATIONAL GUARD OF THE UNITED STATES AND ARMY RESERVE UNITS, PROVIDES IN PARAGRAPH 88, AS FOLLOWS:

88. ACTIVE DUTY PAY AND ALLOWANCES. MEMBERS OF ARNGUS AND USAR UNITS, WHILE ON ACTIVE DUTY, WILL BE ENTITLED TO THE SAME PAY AND ALLOWANCES PRESCRIBED FOR OTHER PERSONS ON ACTIVE DUTY. SUCH PAY COMMENCES UPON THE EFFECTIVE DATE THE UNIT IS ORDERED TO ACTIVE DUTY, PROVIDED THE MEMBER IS IN THE VICINITY OF THE HOME STATION ON THAT DATE. IF HE IS ABSENT FROM THE VICINITY OF THE HOME STATION AND TRAVEL IS INVOLVED, THE PROVISIONS OF PARAGRAPH 32A (9) APPLY.

THERE IS FOR NOTING, HOWEVER, THAT PARAGRAPH 20208 (A) (4), CHANGE 32, DATED MAY 10, 1963, AIR FORCE MANUAL 177-105, PROVIDES THAT THE PAY STATUS OF AN AIR NATIONAL GUARD OFFICER BEGINS ON DATE OF INDUCTION INTO FEDERAL SERVICE IF HE REPORTS TO HIS UNIT RENDEZVOUS THE SAME DATE. THIS AIR FORCE REGULATION DOES NOT MAKE ANY DISTINCTION BETWEEN ACTIVE DUTY FOR 30 DAYS OR LESS AND ACTIVE DUTY FOR MORE THAN 30 DAYS AND INSOFAR AS IT MAY CONTEMPLATE PERSONAL REPORTING TO UNIT HEADQUARTERS LOCATION AS A CONDITION TO BEING "ON ACTIVE DUTY" IT IS NOT REQUIRED BY THE STATUTORY PROVISIONS FOR ACTIVE-DUTY PAY APPLICABLE TO NATIONAL GUARD MEMBERS CALLED INTO FEDERAL SERVICE FOR MORE THAN 30 DAYS AND NO SIMILAR REGULATION HAS BEEN FOUND PERTAINING TO ENLISTED MEN OF THE AIR NATIONAL GUARD. INDICATED, UNDER THE PRESENT STATUTORY PROVISIONS AND, GENERALLY UNDER THE PRESENT PERTINENT REGULATIONS, ACTIVE-DUTY PAY ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD CALLED INTO FEDERAL SERVICE FOR MORE THAN 30 DAYS IS NOT CONDITIONED UPON A REQUIREMENT THAT THEY REPORT IN PERSON TO THEIR UNIT ARMORIES. HENCE, UNDER PRESENT LAW AND REGULATIONS ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD OTHER THAN OFFICERS OF THE AIR NATIONAL GUARD, IS NOT CONDITIONED UPON A REQUIREMENT THAT THEY REPORT TO THEIR UNIT ARMORIES.

THERE IS NOT HERE INVOLVED ANY QUESTION OF TRAINING DUTY AND UNDER THE PROVISIONS OF SECTION 204 (A) (1) OF TITLE 37, U.S. CODE, MEMBERS OF A UNIFORMED SERVICE, WHICH INCLUDES ARMY AND AIR NATIONAL GUARD MEMBERS CALLED INTO THE ACTIVE FEDERAL SERVICE, ARE ENTITLED TO BASIC PAY WHILE ON "ACTIVE DUTY.' SECTION 101 (19) OF TITLE 37 DEFINES "ACTIVE DUTY" AS MEANING FULL-TIME DUTY IN THE ACTIVE SERVICE OF A UNIFORMED SERVICE, AND SECTION 101 (20) DEFINES "ACTIVE SERVICE" AS MEANING SERVICE ON ACTIVE DUTY. ACTIVE SERVICE HAS BEEN DEFINED BY THE COURTS AS NOT NECESSARILY ACTUAL SERVICE, BUT SERVICE PERFORMED AT THE DIRECTION OF A SUPERIOR OFFICER OR OFFICERS WHILE RECEIVING THE EMOLUMENTS TO WHICH A SOLDIER IS ENTITLED. SEE UNITED STATES V. WOODWORTH, 36 F.SUPP. 645, 646. SUCH DUTY STATUS, HOWEVER, ARISES BY VIRTUE OF COMPLIANCE WITH COMPETENT ORDERS AND IT IS WELL ESTABLISHED THAT ORDERS INDIVIDUAL OR SPECIAL IN THEIR APPLICATION ARE NOT EFFECTIVE UNTIL THE MEMBER AFFECTED HAS RECEIVED ACTUAL OR CONSTRUCTIVE NOTICE THEREOF. SEE 2 DIGEST OF OPINIONS, THE JUDGE ADVOCATES GENERAL OF THE ARMED FORCES, PERSONNEL, SECTION 27.1, AND THE AUTHORITIES THERE CITED. SEE, ALSO, 1 DIGEST OF OPINIONS, THE JUDGE ADVOCATES GENERAL OF THE ARMED FORCES, NATIONAL GUARD, SECTION 15.1, INVOLVING A NATIONAL GUARD UNIT MOBILIZED INTO FEDERAL SERVICE WHILE AN ENLISTED MEMBER THEREOF WAS HOSPITALIZED. IT WAS POINTED OUT IN THAT OPINION THAT THERE WAS NO INDICATION THAT THE MEMBER MADE ANY EFFORT TO COMPLY WITH THE MOBILIZATION ORDER OR THAT IN FACT HE EVER HAD ANY KNOWLEDGE OF SUCH ORDER. COMPARE, ALSO, B-70930, DECEMBER 9, 1947. THIS CONNECTION, THE GOVERNING REGULATIONS AND THE OPINION OF THE ACTING THE JUDGE ADVOCATE GENERAL OF THE ARMY, DATED SEPTEMBER 12, 1963, CLEARLY RECOGNIZE THAT PAYMENT OF ACTIVE-DUTY PAY WOULD NOT BE AUTHORIZED TO MEMBERS OF "CALLED" UNITS WHO WERE ABSENT FROM THE VICINITY OF THE HOME STATION, PHYSICALLY INCAPACITATED, ETC.

TO SUPPLEMENT THE INFORMATION WHICH ACCOMPANIED THE REQUEST FOR DECISION, THE GENERAL COUNSEL, DEPARTMENT OF THE ARMY, BY LETTER DATED SEPTEMBER 18, 1963, HAS STATED, IN PERTINENT PART, AS FOLLOWS:

* * * THERE ARE FIVE CATEGORIES OF PERSONS IN THE ALABAMA NATIONAL GUARD AFFECTED BY THIS CALL-UP:

1. APPROXIMATELY 366 NATIONAL GUARDSMEN ALREADY IN THE ACTIVE FEDERAL SERVICE IN ACCORDANCE WITH EXECUTIVE ORDER 11111, DATED JUNE 11, 1963, WHO ALSO BECAME SUBJECT TO EXECUTIVE ORDER 11118, DATED SEPTEMBER 10, 1963.

2. APPROXIMATELY 382 NATIONAL GUARDSMEN WHO WERE AT THEIR ARMORIES PURSUANT TO ORDERS OF THE GOVERNOR OF THE STATE OF ALABAMA ISSUED PRIOR TO THE TIME THE PRESIDENT ISSUED HIS EXECUTIVE ORDER ON SEPTEMBER 10. THESE GUARDSMEN WERE KEPT AT THE ARMORIES FOR AT LEAST ONE OR TWO DAYS AND SOME, IN BIRMINGHAM, ARE STILL AT THE ARMORY TO WHICH THEY ORIGINALLY REPORTED.

3. HEADQUARTERS AND ADVANCE ELEMENTS OF VARIOUS UNITS OF THE ALABAMA NATIONAL GUARD WHO REPORTED TO THEIR ARMORIES OR UNIT HEADQUARTERS AND PERFORMED ADMINISTRATIVE DUTIES IN CONNECTION WITH THE CALL TO ACTIVE SERVICE OF THE ENTIRE GUARD.

4. ALABAMA NATIONAL GUARDSMEN WHO WERE EITHER SICK OR OUTSIDE THE STATE OR FOR SOME OTHER REASON UNABLE TO RESPOND TO THE CALL TO ACTIVE MILITARY SERVICE.

5. IN THE LARGEST CATEGORY, ALABAMA NATIONAL GUARDSMEN WHO, AS THE INFORMATION BELOW INDICATES, WERE NOTIFIED THAT THEY HAD BEEN CALLED INTO THE ACTIVE FEDERAL SERVICE, WERE INITIALLY ORDERED TO ASSEMBLE AT THEIR ARMORIES OR USUAL PLACES OF ASSEMBLY, AND WERE SUBSEQUENTLY ORDERED TO REMAIN ON A FOUR-HOUR ALERT AND PURSUE THEIR NORMAL DUTIES SUBJECT TO BEING ORDERED TO PERFORM OTHER DUTIES IN CONNECTION WITH THE PRESIDENT'S ORDER.

WITH RESPECT TO THE GUARDSMEN IN CATEGORY 5, AND TO SOME DEGREE WITH RESPECT TO THE GUARDSMEN IN CATEGORY 3, WE HAVE RECEIVED THE FOLLOWING INFORMATION FROM THE NATIONAL GUARD BUREAU OF THE DEPARTMENTS OF THE ARMY AND THE AIR FORCE:

"1. THE FOLLOWING INFORMATION WAS FURNISHED BY ALABAMA AUTHORITIES ON 17 SEPTEMBER 1963.

"2. TELEPHONE MESSAGE FROM CNGB NOTIFYING STATE OF CALL WAS COMPLETED AT 0620 CST, 10 SEPTEMBER 1963.

"3. ALABAMA STATE HEADQUARTERS NOTIFIED UNITS AS FOLLOWS BY TELEPHONE.

"A. FIRST PRIORITY--- UNITS IN OBJECTIVE AREAS.

"B. SECOND PRIORITY--- COMMANDERS OF MAJOR ORGANIZATIONS WITH ORDERS TO NOTIFY SUBORDINATE UNIT COMMANDERS.'

"4. BY 0830 CST, 10 SEPTEMBER 1963, ABOVE NOTIFICATIONS WERE COMPLETED AND THE FOLLOWING MESSAGE HAD BEEN DISPATCHED BY STATE HEADQUARTERS TO ALL COMPANY AND DETACHMENT SIZE UNITS:

" "PRESIDENTIAL EXECUTIVE ORDER DATED 10 SEP 63, YOU AND ALL MEMBERS OF YOUR UNITS ARE CALLED INTO ACTIVE MILITARY DUTY OF THE UNITED STATES EFFECTIVE 0516 CST 10 SEP 63. THE ONLY ADMINISTRATIVE PROCESSING REQUIRED AT PRESENT WILL BE THE PREPARATION AND FORWARDING ALL MORNING REPORTS TO 20TH DP UNIT, FT MCPHERSON, GA. ADDITIONAL INSTRUCTIONS CONCERNING ADMINISTRATIVE PROCESSING WILL BE FORTHCOMING. ONLY MEMBERS OF THE UNITS SPECIFICALLY NOTIFIED TO REPORT TO ARMORY MUST REPORT. ALL OTHERS NEED NOT REPORT TO ARMORY BUT MAY GO ABOUT THEIR NORMAL CIVILIAN OCCUPATIONS.'

"5. AS FAR AS CAN BE DETERMINED, ALL UNITS EMPLOYED NOTIFICATION PROCEDURES CONTAINED IN ALERT PLANS. THESE INCLUDED ESTABLISHING CONTACT WITH INDIVIDUAL MEMBERS BY PHONE AND SPOT ANNOUNCEMENTS ON LOCAL RADIO AND TV STATIONS. IN SOME INSTANCES, THE EARLY RELEASE OF PRESS ANNOUNCEMENTS PRECLUDED EFFECTIVE USE OF SPOT ANNOUNCEMENTS. ALABAMA AUTHORITIES ARE OF THE OPINION THAT VIRTUALLY ALL AVAILABLE PERSONNEL WERE PERSONALLY CONTACTED, EITHER BY TELEPHONE TO THE INDIVIDUAL GUARDSMAN OR BY THE INDIVIDUAL GUARDSMAN CALLING HIS ARMORY AS A RESULT OF HAVING HEARD A PUBLIC SERVICE ANNOUNCEMENT. EXCEPT FOR MEMBERS OF UNITS PREVIOUSLY ORDERED TO DUTY BY THE GOVERNOR, PERSONNEL WERE INFORMED OF THEIR FEDERAL STATUS. THEY WERE PLACED ON STAND-BY ORDERS OR FOUR HOUR ALERT AND ADVISED TO GO ABOUT THEIR NORMAL WORK.

"6. AN ESTIMATED 25 PERCENT OF ALL PERSONNEL ACTUALLY REPORTED TO THEIR ARMORIES FOR INSTRUCTIONS. A SUBSTANTIAL NUMBER REMAINED AT THE ARMORIES TO INITIATE ADMINISTRATIVE PROCESSING PREPARE VEHICLES FOR MOVEMENT AND TO ASSIST IN NOTIFYING OTHER MEMBERS.'

UNDER THE PROVISIONS OF LAW AND REGULATION AND THE PRECEDENTS SET FORTH ABOVE, THERE WOULD SEEM TO BE LITTLE DOUBT AS TO THE ENTITLEMENT OF MEMBERS IN CATEGORIES 1, 2 AND 3 TO ACTIVE-DUTY PAY AND ALLOWANCES. MEMBERS IN CATEGORY 4 WOULD NOT, OF COURSE, BE ENTITLED TO ANY PAY AND ALLOWANCES. WITH RESPECT TO MEMBERS IN CATEGORY 5, THEIR ENTITLEMENT DEPENDS UPON WHETHER THEY RECEIVED AND COMPLIED WITH THEIR ORDERS. THESE CONDITIONS WOULD BE MET WHERE, FOR EXAMPLE, A MEMBER IN CATEGORY 5, ACTUALLY CALLED HIS ARMORY AND WAS EXPRESSLY TOLD BY COMPETENT AUTHORITY THAT HIS UNIT WAS CALLED INTO FEDERAL SERVICE AND THAT HE WAS TO HOLD HIMSELF IN A STAND-BY OR ALERT STATUS. MERE GENERAL INFORMATION, HOWEVER, SUCH AS TELEVISION, RADIO OR NEWSPAPER ANNOUNCEMENTS THAT THE MEMBER'S UNIT HAD BEEN CALLED OR ORDERED INTO FEDERAL SERVICE WOULD NOT IN ITSELF IN OUR OPINION, BE ANY ASSURANCE THAT THE MEMBERS RECEIVED AND COMPLIED WITH THEIR ORDERS. ACCORDINGLY, IT IS OUR VIEW THAT NONE OF THE MEMBERS INVOLVED SHOULD BE CONSIDERED "ON ACTIVE UTY" WITHIN THE MEANING OF 37 U.S.C. 204 UNLESS HE WAS OFFICIALLY CONTACTED IN PERSON OR BY TELEPHONE OR, IN RESPONSE TO UNOFFICIAL CONTACT OR PUBLIC ANNOUNCEMENT BY RADIO, TELEVISION, ETC., REPORTED TO HIS UNIT IN PERSON OR BY TELEPHONE OR OTHER MEANS OF COMMUNICATION PURSUANT TO THE CALL OF HIS UNIT INTO FEDERAL SERVICE.

IN THE EVENT THERE IS DOUBT AS TO ENTITLEMENT IN ANY INDIVIDUAL CASE SUCH CASE MAY BE SUBMITTED HERE FOR DECISION ON ITS MERITS.