B-176491, JUL 17, 1972, 52 COMP GEN 35

B-176491, JUL 17, 1972, 52 COMP GEN 35

NATIONAL GUARD - PAY, ETC., ENTITLEMENT - DISASTER RELIEF DUTY ORDERED BY STATE THE DUTY PERFORMED BY NATIONAL GUARD UNITS ORDERED BY THE STATE OF PENNSYLVANIA TO AID IN THE DISASTER RELIEF NECESSITATED BY THE EXTENSIVE FLOODING IN THE STATE MAY BE CONSIDERED AS THE ANNUAL SUMMER TRAINING OF THE UNITS WITHIN THE PURVIEW OF 32 U.S.C. 502, AND FEDERAL FUNDS USED FOR PAY AND ALLOWANCE PURPOSES, EVEN THOUGH ORDINARILY SECTION 502 TRAINING IS CONDUCTED IN ACCORDANCE WITH ESTABLISHED TRAINING POLICIES, STANDARDS, AND PROGRAMS APPROVED BY THE DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE AIR FORCE IN COORDINATION WITH STATE NATIONAL GUARD ORGANIZATIONS, IN VIEW OF THE BROAD DISCRETION VESTED IN THE SECRETARIES CONCERNED TO REGULATE THE TRAINING OF NATIONAL GUARD UNITS.

TO THE SECRETARY OF THE ARMY, JULY 17, 1972:

THIS REFERS TO YOUR LETTER DATED JULY 12, 1972, REQUESTING ADVICE AS TO WHETHER WE WOULD BE REQUIRED TO OBJECT TO THE USE OF FEDERAL FUNDS UNDER THE CIRCUMSTANCES OUTLINED IN YOUR LETTER.

IT IS POINTED OUT IN YOUR LETTER THAT DUE TO EXTENSIVE FLOODS DURING THE MONTH OF JUNE 1972 THE COMMONWEALTH OF PENNSYLVANIA ORDERED A NUMBER OF NATIONAL GUARD UNITS TO DUTY. THESE UNITS, YOU SAY, HAVE PERFORMED AND ARE PERFORMING OUTSTANDING SERVICE IN THE RELIEF OF PERSONAL HARDSHIPS AND MATERIAL LOSSES SUFFERED BY THE PEOPLE OF PENNSYLVANIA.

ALTHOUGH ACTION TO CALL THE NATIONAL GUARD UNITS TO DUTY ON JUNE 22, 1972, WAS INITIATED BY THE COMMONWEALTH, YOU STATE THAT REQUEST HAS NOW BEEN MADE THAT THE DEPARTMENT OF THE ARMY DESIGNATE THAT DUTY AS ANNUAL SUMMER TRAINING OF THE UNITS, TO BE FINANCED BY FEDERAL FUNDS. YOU SAY THAT YOU CONSIDER SUCH ACTION TO BE APPROPRIATE SINCE THIS DISASTER RELIEF SITUATION HAS AFFORDED THE UNITS AN UNPARALLELED OPPORTUNITY TO TEST THEIR ORGANIZATION, PROCEDURES AND EQUIPMENT UNDER ACTUAL EMERGENCY CONDITIONS RATHER THAN SIMULATED SITUATIONS.

THIS DUTY, IT IS SAID, PROVIDES AN EXCELLENT MEASURE OF THE DISCIPLINE AND LEADERSHIP OF THE UNITS. RADIO COMMUNICATION AND TROOP MOVEMENT PROCEDURES HAVE UNDERGONE THE SEVEREST POSSIBLE TESTS. LOGISTICAL UNITS HAVE BEEN PUT TO THE TEST OF MOVING THOUSANDS OF TONS OF RELIEF SUPPLIES. IN THE CASE OF MEDICAL UNITS, INVALUABLE TRAINING UNDER FIELD CONDITIONS HAS BEEN PROVIDED.

YOU STATED THAT THE SITUATION FULLY WARRANTS A DETERMINATION THAT THE DUTY CONSTITUTED PROPER AND ADEQUATE ANNUAL FIELD TRAINING FOR THESE UNITS AND THAT YOU NOW PROPOSE TO MAKE A DETERMINATION THAT THE DUTY PERFORMED SHALL BE CONSIDERED AS ANNUAL ACTIVE DUTY FEDERAL TRAINING, EFFECTIVE JUNE 22, 1972, UNDER THE PROVISIONS OF 32 U.S.C. 502. FUNDS TO COVER PAY AND ALLOWANCES OF NATIONAL GUARD MEMBERS FOR ANNUAL ACTIVE DUTY TRAINING HAVE BEEN APPROPRIATED AND ARE AVAILABLE UNDER THE HEADING "NATIONAL GUARD PERSONNEL, ARMY" FOR BOTH FISCAL YEARS 1972 AND 1973. YOU THEREFORE REQUEST A DECISION AS TO WHETHER SUCH APPROPRIATIONS ARE AVAILABLE FOR DISASTER RELIEF DUTY IN THE EVENT YOU DETERMINE THAT THE DUTY PERFORMED SHALL BE CONSIDERED AS ANNUAL ACTIVE DUTY FEDERAL TRAINING.

SECTION 502, TITLE 32, U.S. CODE, PROVIDES IN PERTINENT PART AS FOLLOWS:

(A) UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE ARMY OR THE SECRETARY OF THE AIR FORCE, AS THE CASE MAY BE, EACH COMPANY, BATTERY, SQUADRON, AND DETACHMENT OF THE NATIONAL GUARD, UNLESS EXCUSED BY THE SECRETARY CONCERNED, SHALL -

(2) PARTICIPATE IN TRAINING AT ENCAMPMENTS, MANEUVERS, OUTDOOR TARGET PRACTICE, OR OTHER EXERCISES, AT LEAST 15 DAYS EACH YEAR.

(F) UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE ARMY OR SECRETARY OF THE AIR FORCE, AS THE CASE MAY BE, A MEMBER OF THE NATIONAL GUARD MAY -

(1) WITHOUT HIS CONSENT, BUT WITH THE PAY AND ALLOWANCES PROVIDED BY LAW; OR

(2) WITH HIS CONSENT, EITHER WITH OR WITHOUT PAY AND ALLOWANCES;

BE ORDERED TO PERFORM TRAINING OR OTHER DUTY IN ADDITION TO THAT PRESCRIBED UNDER SUBSECTION (A). DUTY WITHOUT PAY SHALL BE CONSIDERED FOR ALL PURPOSES AS IF IT WERE DUTY WITH PAY.

THE REGULAR 15-DAY ANNUAL TRAINING AND ANY ADDITIONAL TRAINING IS PERFORMED IN STATE GUARD STATUS BUT THE TRAINING PROGRAMS CONDUCTED ARE SUCH AS ARE APPROVED BY THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE AIR FORCE IN COORDINATION WITH THE STATE NATIONAL GUARD ORGANIZATIONS. WHILE ORDINARILY SUCH TRAINING IS CONDUCTED IN ACCORDANCE WITH ESTABLISHED TRAINING POLICIES, STANDARDS AND PROGRAMS (SEE NATIONAL GUARD REGULATION 350-1), IN VIEW OF THE BROAD DISCRETION VESTED IN THE SECRETARIES CONCERNED TO REGULATE SUCH TRAINING WE WOULD NOT BE REQUIRED TO OBJECT TO THE USE OF FEDERAL FUNDS FOR PAY AND ALLOWANCE PURPOSES IN THE EVENT YOU DETERMINE THAT SUCH DISASTER RELIEF DUTY SHALL BE CONSIDERED AS ANNUAL ACTIVE DUTY FEDERAL TRAINING.