B-176037, JUL 25, 1972

B-176037, JUL 25, 1972

MILITARY PERSONNEL - CHANGE OF RESERVE UNITS - VERBAL ORDERS DECISION ALLOWING CLAIM OF MR. DARL R. PURDY FOR PAY FOR 21 ARMY RESERVE DRILLS ATTENDED AUGUST 12, 1969, THROUGH JANUARY 18, 1970. CLAIMANT WAS AUTHORIZED TO CHANGE UNITS BY VERBAL ORDERS DURING THE PERIOD JULY 26 TO AUGUST 9, 1969. THESE WERE NOT CONFIRMED BY WRITTEN ORDERS UNTIL JANUARY 28, 1971. CLAIMANT ATTENDED THE MEETINGS UNDER THE BELIEF THAT HE WOULD BE COMPENSATED. SINCE HE WAS NOT AT FAULT IN CAUSING THE DELAY, PAYMENT IS AUTHORIZED, NOTWITHSTANDING THE GENERAL RULE THAT ORAL ORDERS MUST BE CONFIRMED IN WRITING WITHIN A REASONABLE TIME TO BE VALID FOR PAY PURPOSES.

TO MR. DARL R. PURDY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1972, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR PAY FOR 22 ARMY RESERVE DRILLS ATTENDED FROM AUGUST 12, 1969, THROUGH JANUARY 18, 1970. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 26, 1972, FOR THE REASON THAT ARMY REGULATIONS REQUIRE ORDERS AUTHORIZING EQUIVALENT TRAINING TO BE PUBLISHED PRIOR TO PERFORMANCE OF SUCH TRAINING AND THAT THE VERBAL ORDERS GIVEN TO YOU AUTHORIZING EQUIVALENT TRAINING WERE NOT CONFIRMED IN WRITING WITHIN A REASONABLE TIME.

IT APPEARS FROM THE RECORD THAT YOU WERE ASSIGNED TO THE 4TH BATTALION, 38TH FIELD ARTILLERY, BAY CITY, MICHIGAN, EFFECTIVE APRIL 15, 1969. YOU ATTENDED DRILLS WITH THAT UNIT AND WHILE ATTENDING ACTIVE DUTY FOR TRAINING DURING THE PERIOD JULY 26 TO AUGUST 9, 1969, YOU INITIATED A REQUEST FOR TRANSFER AND ATTACHMENT TO THE 486TH ENGINEER COMPANY, MUSKEGON, MICHIGAN, WHICH WAS CONSIDERABLY CLOSER TO YOUR NEW HOME ADDRESS. YOU WERE GIVEN VERBAL ORDERS TO ATTEND THE DRILLS WITH THE 486TH ENGINEER COMPANY AND THE RECORD INDICATES YOU ATTENDED TWENTY-ONE DRILLS WITH THAT UNIT DURING THE PERIOD AUGUST 1969 TO JANUARY 1970. YOU CLAIMED PAYMENT FOR 22 DRILLS. THE DIFFERENCE APPEARS TO BE THAT YOU CLAIM ATTENDANCE AT TWO ASSEMBLIES ON JANUARY 18, 1970, AS LISTED ON THE SCHEDULE OF TRAINING ASSEMBLIES FOR THE 486TH ENGINEER COMPANY DATED SEPTEMBER 7, 1969. HOWEVER, THE LISTING OF UNIT TRAINING ASSEMBLIES FOR WHICH YOU COULD BE GIVEN EQUIVALENT TRAINING AS PREPARED BY THE COMMANDER OF THE 486TH ENGINEER COMPANY DATED JANUARY 20, 1971, LISTED YOU AS ATTENDING ONLY 4 HOURS ON JANUARY 18, 1970, I.E., ONLY ONE ASSEMBLY.

BY LETTER ORDERS NUMBER 01-525, HEADQUARTERS, FIFTH UNITED STATES ARMY, FORT SHERIDAN, ILLINOIS, DATED JANUARY 28, 1971, THE VERBAL ORDERS OF AUGUST 1969 WERE CONFIRMED IN WRITING AUTHORIZING YOU TO BE ATTACHED TO THE 486TH ENGINEER COMPANY FOR TRAINING FOR THE PERIOD AUGUST 12, 1969, TO JANUARY 18, 1970, INCLUSIVE. YOU HAD AN ACTIVE DUTY RESERVE OBLIGATION AND WHILE ASSIGNED TO A TABLE OF ORGANIZATION AND EQUIPMENT RESERVE UNIT YOU WERE REQUIRED TO ATTEND RESERVE DRILLS. FAILURE TO ATTEND DRILLS WHILE SO ASSIGNED COULD RESULT IN YOUR BEING CALLED INVOLUNTARILY TO ACTIVE DUTY. SEE ARMY REGULATIONS 135-90, CHAPTER 2.

IT HAS LONG BEEN THE RULE THAT VERBAL ORDERS MUST BE CONFIRMED WITHIN A REASONABLE TIME IN ORDER TO BE ACCEPTED FOR THE PURPOSE OF PAY AND ALLOWANCES. WHILE AN UNUSUALLY LONG PERIOD ELAPSED BETWEEN THE DATE OF THE VERBAL ORDER AND THE ISSUANCE OF THE CONFIRMING ORDERS, THERE IS NOTHING IN THE RECORD TO INDICATE THAT YOUR ATTENDANCE AT THE ASSEMBLIES WHILE ASSIGNED TO THE 38TH FIELD ARTILLERY WAS WITH THE UNDERSTANDING THAT YOU WOULD SERVE IN A NONPAY STATUS. UNDER THE CIRCUMSTANCES DISCLOSED, WHEN THE CONFIRMING ORDERS ARE CONSIDERED IN CONJUNCTION WITH YOUR ATTENDANCE AT THE TRAINING ASSEMBLIES OF THE 486TH ENGINEER COMPANY, IT REASONABLY MAY BE CONSIDERED THAT YOU WERE IN RECEIPT OF THE VERBAL ORDERS IN ADVANCE OF THE INACTIVE DUTY TRAINING INVOLVED AND THE ORDERS OF JANUARY 28, 1971, ISSUED TO CONFIRM THE VERBAL ORDERS OF AUGUST 1969 WILL NOT BE QUESTIONED.

IT IS NOTED THAT YOU WERE ASSIGNED TO UNITED STATES ARMY RESERVE CONTROL GROUP (ANNUAL TRAINING) BY LETTER ORDER NUMBER 01-382, HEADQUARTERS, FIFTH U.S. ARMY DATED JANUARY 27, 1970, EFFECTIVE NOVEMBER 1, 1969. THIS ORDER ATTEMPTED TO TERMINATE YOUR ASSIGNMENT WITH THE 38TH FIELD ARTILLERY ON NOVEMBER 1, 1969. HOWEVER, SINCE YOU WERE NOT AWARE OF THIS ORDER UNTIL AT LEAST JANUARY 27, 1970, AND SINCE IT DOES NOT APPEAR THAT YOU WERE RESPONSIBLE FOR ANY DELAY IN THE DELIVERY OF THAT ORDER, YOU ARE ENTITLED TO PAY FOR TRAINING ASSEMBLIES PERFORMED BY YOU DURING THE PERIOD NOVEMBER 1, 1969, AND JANUARY 27, 1970.

WE ARE THEREFORE ADVISING OUR CLAIMS DIVISION THAT A SETTLEMENT MAY ISSUE IN YOUR FAVOR FOR THE AMOUNT PROPERLY FOUND DUE YOU FOR ATTENDANCE AT 21 ASSEMBLIES FROM AUGUST 12, 1969, TO JANUARY 18, 1970.

A COPY OF THIS LETTER IS BEING SENT TO THE HONORABLE GUY VANDER JAGT, HOUSE OF REPRESENTATIVES.