B-165712, JAN. 30, 1969
Highlights
JR.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14. SUCH CLAIM WAS DISALLOWED FOR THE REASON THAT NO AUTHORIZATION COVERING SUCH TRAINING WAS ISSUED. YOU NOW STATE THAT THE EQUIVALENT TRAINING PERFORMED BY YOU WAS AUTHORIZED BY NATIONAL GUARD REGULATION NO. 45 AND YOU ENCLOSE COPIES OF CORRESPONDENCE SHOWING THE DATES WHEN SUCH TRAINING WAS PERFORMED. PROVIDES THAT THE AUTHORIZATION TO CONDUCT EQUIVALENT TRAINING WILL BE ISSUED BY THE MEMBER'S UNIT COMMANDER IN ADVANCE OF THE TRAINING PERIOD FOR WHICH THE EQUIVALENT TRAINING IS TO BE SUBSTITUTED UNLESS EXTENUATING CIRCUMSTANCES PRECLUDE SUCH AUTHORIZATION. THAT PARAGRAPH FURTHER PROVIDES THAT SUCH AUTHORIZATION IS TO BE ISSUED IN ADVANCE OF THE ACTUAL PERFORMANCE OF SUCH TRAINING.
B-165712, JAN. 30, 1969
TO LIEUTENANT WILLIAM E. ARCHER, JR.:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 14, 1968, REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED NOVEMBER 6, 1968, WHICH DISALLOWED YOUR CLAIM FOR PAY FOR THE PERFORMANCE OF EQUIVALENT TRAINING FROM SEPTEMBER 12, 1966, TO JANUARY 5, 1967. SUCH CLAIM WAS DISALLOWED FOR THE REASON THAT NO AUTHORIZATION COVERING SUCH TRAINING WAS ISSUED, AS CONTEMPLATED BY APPLICABLE REGULATIONS.
YOU NOW STATE THAT THE EQUIVALENT TRAINING PERFORMED BY YOU WAS AUTHORIZED BY NATIONAL GUARD REGULATION NO. 45 AND YOU ENCLOSE COPIES OF CORRESPONDENCE SHOWING THE DATES WHEN SUCH TRAINING WAS PERFORMED.
NATIONAL GUARD REGULATION NO. 45, DATED JULY 30, 1965, ISSUED UNDER AUTHORITY OF 32 U.S.C. 502, DEFINES EQUIVALENT TRAINING IN PARAGRAPH 3A (3) AS "TRAINING, INSTRUCTION, DUTY OR APPROPRIATE DUTY AUTHORIZED FOR INDIVIDUAL MEMBERS OF THE UNIT IN LIEU OF ATTENDING A DULY ORDERED FORMATION WITH THE PARENT UNIT.'
PARAGRAPH 18A (1) OF THOSE REGULATIONS STATES THE PURPOSE FOR WHICH EQUIVALENT TRAINING MAY BE AUTHORIZED AND THE PERIODS IN WHICH SUCH DUTY MUST BE PERFORMED AND SUBPARAGRAPH (2) PRESCRIBES THE CLASSIFICATIONS AND TYPES OF DUTY WHICH SUCH MEMBERS MAY PERFORM AS CONSTITUTING EQUIVALENT TRAINING IN A PAY STATUS IN LIEU OF PARTICIPATION IN UNIT TRAINING OF THEIR UNIT.
PARAGRAPH 18G OF THE ABOVE REGULATIONS, RELATING TO PROCEDURE, PROVIDES THAT THE AUTHORIZATION TO CONDUCT EQUIVALENT TRAINING WILL BE ISSUED BY THE MEMBER'S UNIT COMMANDER IN ADVANCE OF THE TRAINING PERIOD FOR WHICH THE EQUIVALENT TRAINING IS TO BE SUBSTITUTED UNLESS EXTENUATING CIRCUMSTANCES PRECLUDE SUCH AUTHORIZATION. THAT PARAGRAPH FURTHER PROVIDES THAT SUCH AUTHORIZATION IS TO BE ISSUED IN ADVANCE OF THE ACTUAL PERFORMANCE OF SUCH TRAINING. IN THIS REGARD, PARAGRAPH 34B, NATIONAL GUARD REGULATION NO. 58, DATED FEBRUARY 15, 1964, PROVIDES THAT PAY FOR THE PERFORMANCE OF SUCH TRAINING IS TO BE MADE UPON COMPLETION OF SUCH TRAINING AS AUTHORIZED BY REGULATION NO. 45. SUCH AUTHORIZATION DOES NOT BECOME EFFECTIVE BEFORE THE ISSUANCE OF ORDERS COVERING THE TRAINING DUTY.
THE AUTHORIZATION MENTIONED ABOVE IS NOT THE REGULATIONS THEMSELVES, BUT RATHER THE AUTHORIZATION ORDERS ISSUED BY COMPETENT AUTHORITY, A MEMBER'S UNIT COMMANDER, IN ADVANCE OF THE PERFORMANCE OF EQUIVALENT TRAINING. UNTIL AND UNLESS SUCH ORDERS ARE ISSUED, THE PREREQUISITE REQUIREMENT OF THE REGULATIONS WITH RESPECT TO THE PERFORMANCE OF EQUIVALENT TRAINING HAS NOT BEEN MET.
WHILE THE RECORD SHOWS THAT YOU PERFORMED THE EQUIVALENT TRAINING ON WHICH YOU BASE YOUR CLAIM AND THAT YOU REQUESTED PERMISSION TO PERFORM SUCH TRAINING UNDER DATE OF SEPTEMBER 12, 1966, THERE IS NOTHING IN THE RECORD SHOWING THAT PROPER AUTHORIZATION ORDERS WERE ISSUED. IN SUCH CIRCUMSTANCES, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.
ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF NOVEMBER 6, 1968, IS SUSTAINED. HOWEVER, YOUR ATTENTION IS INVITED TO THE PROVISIONS OF 10 U.S.C. 1552 WHICH AUTHORIZE THE SECRETARY OF THE ARMY, THROUGH THE PROCEDURE THERE PROVIDED, TO CORRECT A MILITARY RECORD WHEN HE CONSIDERS SUCH ACTION NECESSARY "TO CORRECT AN ERROR OR REMOVE AN INJUSTICE.'