B-98837, MAY 22, 1951, 30 COMP. GEN. 473

B-98837: May 22, 1951

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OFFICERS OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION WHO PARTICIPATE IN DRILLS WITH ANOTHER ORGANIZATION ARE NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR DRILLS SO ATTENDED. THE ATTENDANCE AT DRILLS BY AN OFFICER WHO IS DETAILED TO TEMPORARY ADDITIONAL DUTY WITH AN ORGANIZATION OTHER THAN HIS OWN MAY. WAS PAID $66 ON THE BASIS THAT HE HAD ATTENDED 12 DRILLS. EXCEPTION TO SUCH PAYMENT WAS TAKEN BY THE AUDIT DIVISION OF THIS OFFICE FOR THE STATED REASON THAT ARMORY DRILL PAY DOES NOT ACCRUE TO AN OFFICER FOR ARMORY DRILLS ATTENDED WITH AN ORGANIZATION OTHER THAN HIS OWN ORGANIZATION. THE SAID EXCEPTION RESULTED IN THE COLLECTION TO WHICH REFERENCE IS MADE ABOVE. THE CLAIM FOR REFUND ACTUALLY IS A CLAIM FOR ARMORY DRILL PAY FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTY BASED ON THE DRILLS ATTENDED AS SECOND LIEUTENANT WITH THE MEDICAL DETACHMENT.

B-98837, MAY 22, 1951, 30 COMP. GEN. 473

PAY - DRILL - NATIONAL GUARD - ATTENDANCE AT DRILL OF OTHER THAN OWN ORGANIZATION WHILE, GENERALLY, OFFICERS OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION WHO PARTICIPATE IN DRILLS WITH ANOTHER ORGANIZATION ARE NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR DRILLS SO ATTENDED, THE ATTENDANCE AT DRILLS BY AN OFFICER WHO IS DETAILED TO TEMPORARY ADDITIONAL DUTY WITH AN ORGANIZATION OTHER THAN HIS OWN MAY, UNDER EXISTING NATIONAL GUARD REGULATIONS PROVIDING FOR THE ASSIGNMENT OF OFFICERS TO LINE COMPANIES AND OTHER ORGANIZATIONS, BE CONSIDERED AS PERFORMANCE OF APPROPRIATE DUTIES, SO AS TO ENTITLE HIM TO ARMORY DRILL PAY FOR SATISFACTORY PERFORMANCE OF SUCH DUTIES.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. W. C. STEIGER, DEPARTMENT OF THE ARMY, MAY 22, 1951:

BY FIRST ENDORSEMENT DATED OCTOBER 17, 1950, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF JULY 3, 1950, TRANSMITTING FOR ADVANCE DECISION A SUPPLEMENTAL ARMORY DRILL PAY ROLL OF MEDICAL COMPANY, 169TH INFANTRY REGIMENT, CONNECTICUT NATIONAL GUARD, FOR THE PERIOD FROM AUGUST 1, 1949, TO OCTOBER 31, 1949, COVERING THE CLAIM OF WALTER F. NOONAN, JR., THEN FIRST LIEUTENANT, FOR REFUND OF $66 CHECKED ON THE ORIGINAL ARMORY DRILL PAY ROLL OF THE SAID ORGANIZATION FOR THAT PERIOD (VOUCHER NO. 107725 OF THE NOVEMBER 1949 ACCOUNT OF COLONEL J. C. KOVARIK, F.D.).

IT APPEARS FROM THE ORIGINAL ARMORY DRILL PAY ROLL OF COMPANY H, 169TH INFANTRY, CONNECTICUT NATIONAL GUARD, FOR THE PERIOD FROM NOVEMBER 1, 1947, TO JANUARY 31, 1948 (VOUCHER NO. 44070 OF THE MARCH 1948 ACCOUNT OF COLONEL F. J. STAGLIANO, F.D.), THAT WALTER F. NOONAN, JR., THEN SECOND LIEUTENANT, WAS PAID $66 ON THE BASIS THAT HE HAD ATTENDED 12 DRILLS--- ON NOVEMBER 6, 11, 13, 20, AND 25; DECEMBER 4, 11, 18, AND 30, 1947; AND JANUARY 8, 14, AND 22, 1948--- WITH THE MEDICAL DETACHMENT, 169TH INFANTRY. THE CERTIFICATE OF THE COMMANDING OFFICER OF THE SAID MEDICAL DETACHMENT, ATTACHED TO THE CITED ORIGINAL VOUCHER, SHOWS THAT DURING THE PERIOD FROM NOVEMBER 6, 1947, THROUGH JANUARY 22, 1948, LIEUTENANT NOONAN ATTENDED THE DRILLS MENTIONED AND "SATISFACTORILY PERFORMED APPROPRIATE DUTY.' EXCEPTION TO SUCH PAYMENT WAS TAKEN BY THE AUDIT DIVISION OF THIS OFFICE FOR THE STATED REASON THAT ARMORY DRILL PAY DOES NOT ACCRUE TO AN OFFICER FOR ARMORY DRILLS ATTENDED WITH AN ORGANIZATION OTHER THAN HIS OWN ORGANIZATION. THE SAID EXCEPTION RESULTED IN THE COLLECTION TO WHICH REFERENCE IS MADE ABOVE.

THEREFORE, THE CLAIM FOR REFUND ACTUALLY IS A CLAIM FOR ARMORY DRILL PAY FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTY BASED ON THE DRILLS ATTENDED AS SECOND LIEUTENANT WITH THE MEDICAL DETACHMENT, 169TH INFANTRY, DURING THE QUARTERLY PERIOD FROM NOVEMBER 1, 1947, TO JANUARY 31, 1948, WHILE THE OFFICER WAS A SECOND LIEUTENANT, COMPANY H, 169TH INFANTRY. ANY ARMORY DRILL PAY PROPERLY ACCRUING DURING THAT PERIOD WOULD BE CHARGEABLE TO THE APPROPRIATION " NATIONAL GUARD, 1948" (2181405). HENCE, THE SUPPLEMENTAL VOUCHER IS INCORRECTLY DRAWN AS PERTAINING TO MEDICAL COMPANY, 169TH INFANTRY REGIMENT, FOR THE PERIOD FROM AUGUST 1, 1949, TO OCTOBER 30, 1949. SUCH VOUCHER SHOULD HAVE BEEN DRAWN AS A SUPPLEMENTAL ARMORY DRILL PAY ROLL OF COMPANY H, 169TH INFANTRY, FOR THE PERIOD FROM NOVEMBER 1, 1947, TO JANUARY 31, 1948.

BY PARAGRAPH 2, SPECIAL ORDER NO. 8, DATED DECEMBER 19, 1946, HEADQUARTERS, 169TH INFANTRY REGIMENT, CONNECTICUT NATIONAL GUARD, SECOND LIEUTENANT WALTER F. NOONAN, JR., COMPANY H, WAS, IN ADDITION TO HIS OTHER DUTIES, DETAILED TO REGIMENTAL HEADQUARTERS FOR TEMPORARY DUTY, EFFECTIVE THAT DATE. IN 22ND ENDORSEMENT, DATED MAY 12, 1950, FROM THE NATIONAL GUARD BUREAU TO THE ADJUSTANT GENERAL, STATE OF CONNECTICUT--- A CERTIFIED TRUE COPY OF WHICH IS ATTACHED TO THE SUBMITTED SUPPLEMENTAL VOUCHER--- IT IS STATED:

1. IT IS THE VIEW OF THIS BUREAU THAT SECOND LIEUTENANT WALTER F. NOONAN, JR., COMPANY H, 169TH INFANTRY WAS ENTITLED TO PAY FOR APPROPRIATE DUTIES PERFORMED WITH MEDICAL DETACHMENT, 169TH INFANTRY:

A. BY COMPETENT ORDERS, LIEUTENANT NOONAN WAS DETAILED, IN ADDITION TO HIS OTHER DUTIES, TO REGIMENTAL HEADQUARTERS FOR TEMPORARY DUTY.

B. ACTING IN THE CAPACITY OF A STAFF OFFICER, LIEUTENANT NOONAN PERFORMED APPROPRIATE DUTIES WITH MEDICAL DETACHMENT, 169TH INFANTRY, IN ACCORDANCE WITH PARAGRAPH 21, NGR 45.

C. LIEUTENANT NOONAN WAS SUBSEQUENTLY ASSIGNED TO THE MEDICAL DETACHMENT, 169TH INFANTRY.

THE THIRD PARAGRAPH OF SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367, IN FORCE DURING THE PERIODS HERE INVOLVED, PROVIDED:

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, OFFICERS OF THE NATIONAL GUARD, OTHER THAN GENERAL OFFICERS, AND WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY PAY AUTHORIZED FOR SUCH PERSONS WHEN IN THE FEDERAL SERVICE, FOR EACH REGULAR DRILL, PERIOD OF APPROPRIATE DUTY, OR OTHER EQUIVALENT PERIOD OF TRAINING, AUTHORIZED BY THE SECRETARY OF WAR, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR THE ENTIRE PRESCRIBED PERIOD OF TIME * * *.

PARAGRAPH 7, NGR 58, DATED SEPTEMBER 3, 1946, PROVIDES, IN PART, AS FOLLOWS:

7. OFFICERS (EXCEPT GENERAL OFFICERS) AND WARRANT OFFICERS--- A. RATE AND REQUIREMENTS.--- ON AND AFTER 1 JUNE 1942, EACH OFFICER, OTHER THAN GENERAL OFFICERS, AND WARRANT OFFICER IN AN ARMORY DRILL PAY STATUS SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF HIS GRADE FOR EACH REGULAR DRILL, PERIOD OF APPROPRIATE DUTY, OR OTHER EQUIVALENT PERIOD OF TRAINING, AUTHORIZED BY THE SECRETARY OF WAR, WHEN THE FOLLOWING CONDITIONS HAVE BEEN MET:

(2) FOR OFFICERS PERFORMING APPROPRIATE DUTY, OR OTHER EQUIVALENT PERIOD OF TRAINING.--- WHEN THE APPROPRIATE DUTY IS SUCH AS PRESCRIBED IN NGR 45; WHEN SATISFACTORY PERFORMANCE OF SUCH DUTY IS EVIDENCED BY THE AUTHORIZED CERTIFICATE ON THE PAY ROLL; WHEN EACH PERIOD OF APPROPRIATE DUTY IS OF NOT LESS THAN 2 HOURS DURATION.

PARAGRAPH 21, NGR 45, DATED NOVEMBER 30, 1946, PROVIDES AS FOLLOWS:

21. APPROPRIATE DUTIES FOR OFFICERS AND WARRANT OFFICERS.--- "APPROPRIATE DUTIES" REFERRED TO IN SECTION 14, PAY READJUSTMENT ACT OF 1942 (AS AMENDED TO 1 JANUARY 1945, INCLUSIVE) FOR OFFICERS AND WARRANT OFFICERS, ARE THOSE VARIOUS MILITARY DUTIES PRESCRIBED BY LAW AND REGULATIONS AND THOSE ASSIGNED FROM TIME TO TIME BY PROPER MILITARY AUTHORITY. THE NUMBER OF PERIODS OF APPROPRIATE DUTY, PERIODS OF DRILL, AND OTHER EQUIVALENT PERIODS OF TRAINING COMBINED WILL NOT EXCEED THE TOTAL NUMBER OF DRILL PERIODS AUTHORIZED FOR THE YEAR FOR THE ORGANIZATION TO WHICH THE OFFICER OR WARRANT OFFICER BELONGS. * * * WHILE APPROPRIATE DUTIES OF OFFICERS AND WARRANT OFFICERS SHOULD ORDINARILY PERTAIN TO THE OFFICER GRADE, ARM, OR SERVICE, OR ASSIGNMENT, ATTENDANCE AT THE ASSEMBLIES OF LINE COMPANIES OR OTHER ORGANIZATIONS FOR PARTICIPATION IN TRAINING OR IMPARTING SPECIAL INSTRUCTIONS TENDS TO ADD TO THE MILITARY KNOWLEDGE OF SUCH OFFICERS; AND WHERE THE ASSIGNMENT OF SUCH DUTIES IS AUTHORIZED BY PROPER MILITARY AUTHORITY, THE DUTIES SO ASSIGNED MAY BE CONSIDERED APPROPRIATE DUTIES WITHIN THE MEANING OF THE LAWS AND REGULATIONS. THE AGGREGATE OF THESE APPROPRIATE DUTIES FOR ANY GIVEN PERIOD OF TIME WILL BE COMMENSURATE WITH THOSE TRAINING DUTIES REQUIRED BY LAW FOR OFFICERS BELONGING TO COMPANIES. * *

PARAGRAPH 5, NGB CIRCULAR NO. 3, DATED JANUARY 12, 1948, CONTAINS THE FOLLOWING:

5. OFFICERS ON CERTAIN DUTIES ARE NOT SUBJECT TO ABOVE PROVISIONS REQUIRING 60 PERCENT ENLISTED ATTENDANCE OF UNITS ON WHOSE ROLLS THEY ARE PAID. CLARIFICATION OF PAY STATUS OF THESE OFFICERS IS AS FOLLOWS:

B. AN OFFICER WHO IS AN INTEGRAL MEMBER OF SUCH A UNIT, BUT DOES HAVE ADDITIONAL DUTIES (DESIGNATED IN THE TABLE OF ORGANIZATION FOR HIS UNIT) AS A STAFF OFFICER OF A HIGHER HEADQUARTERS WILL NORMALLY QUALIFY FOR PAY BY ATTENDING DRILL WITH HIS UNIT, AND HIS PAY WILL BE DEPENDENT UPON 60 PERCENT OF THE ENLISTED MEN OF THE UNIT BEING PRESENT FOR DRILL, AS REQUIRED BY PARAGRAPH 7A (1), NGR-58. THIS WILL NOT PRECLUDE THE COMMANDING OFFICER AT THE NEXT HIGHER HEADQUARTERS, ISSUING ORDERS IN WRITING THAT SUCH AN OFFICER WILL PERFORM DESIGNATED STAFF DUTIES IN LIEU OF ATTENDING DRILL WITH HIS UNIT. TROOP DUTY IS CONSIDERED PRIMARY, AND SUCH ORDERS SHOULD BE FOR A SPECIFIED TIME AND FOR RELATIVELY SHORT PERIODS ONLY. IN THIS CASE, THE OFFICER WILL BE CONSIDERED AS QUALIFYING FOR PAY BY PERFORMING APPROPRIATE DUTIES, AND HIS PAY WILL NOT BE DEPENDENT UPON 60 PERCENT OF THE ENLISTED MEN OF HIS UNIT BEING PRESENT FOR DRILL.

IT HAS BEEN HELD THAN AN OFFICER OF THE NATIONAL GUARD BELONGING TO ONE ORGANIZATION WHO PARTICIPATES IN DRILLS WITH ANOTHER ORGANIZATION IS NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR THE DRILLS SO ATTENDED. SEE 5 COMP. GEN. 438, AND DECISION DATED APRIL 1, 1929, A-26460. HOWEVER, IN THIS CASE, IN VIEW OF THE ORDERS OF DECEMBER 19, 1946, SUPRA, DETAILING LIEUTENANT NOONAN TO TEMPORARY ADDITIONAL DUTY WITH REGIMENTAL HEADQUARTERS, 169TH INFANTRY REGIMENT, HIS ATTENDANCE AT DRILLS WITH THE MEDICAL DETACHMENT OF THAT REGIMENT MAY BE CONSIDERED THE PERFORMANCE OF APPROPRIATE DUTIES WITHIN THE MEANING OF PARAGRAPH 21, NGR-45, SO AS TO ENTITLE HIM TO ARMORY DRILL PAY FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTY.

THE SUBMITTED SUPPLEMENTAL ARMORY DRILL PAY ROLL IN FACT REPRESENTS APPROPRIATE DUTY PAY FOR DRILLS ATTENDED BY THE CLAIMANT DURING THE QUARTERLY PERIOD FROM NOVEMBER 1, 1947, TO JANUARY 31, 1948--- A PERIOD PRIOR TO THE TWO FISCAL YEARS PRECEDING THE CURRENT FISCAL YEAR (1951/- - AND THE APPROPRIATION CHARGEABLE THEREWITH HAS LAPSED. PAY AND ALLOWANCES DUE OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD UNDER LAPSED APPROPRIATIONS CONSTITUTE CLAIMS AGAINST THE GOVERNMENT AND ARE SETTLED BY THE GENERAL ACCOUNTING OFFICE. SEE PARAGRAPH 11B, NGR-59, DATED OCTOBER 30, 1946, AND THE ACT OF JULY 6, 1949, 63 STAT. 407.

ACCORDINGLY, THE SUPPLEMENTAL ARMORY DRILL PAY ROLL, TOGETHER WITH THE OTHER PAPERS SUBMITTED WITH YOUR LETTER, WILL BE RETAINED IN THIS OFFICE FOR DIRECT SETTLEMENT AS A CLAIM.