A-15434, OCTOBER 7, 1926, 6 COMP. GEN. 242

A-15434, OCTOBER 7, 1926, 6 COMP. GEN. 242

PAY - AVIATION DUTY - NATIONAL GUARD DRILLS THE DRILL PERIOD OF AN ORGANIZATION OF THE NATIONAL GUARD IS THE TIME IT IS ACTUALLY IN THE PERFORMANCE OF ARMORY DRILLS OR INSTRUCTION, AND THE MERE STATEMENT IN THE ORDERS THAT THE DRILL WILL CONTINUE TO AN HOUR BEYOND THAT TIME APPARENTLY TO COVER FLIGHTS MADE DURING THE REMAINDER OF THE DAY CAN NOT HAVE THE EFFECT OF EXTENDING THE DRILL PERIOD OVER THE ENTIRE TIME SPECIFIED NOR ENTITLE TO THE INCREASED PAY FOR FLIGHTS MADE AFTER THE EXPIRATION OF THE USUAL PERIOD OF DRILL OR INSTRUCTIONS.

COMPTROLLER GENERAL MCCARL TO MAJ. W. D. DABNEY, UNITED STATES ARMY, OCTOBER 7, 1926:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION SUBMITTING A VOUCHER IN FAVOR OF THE ONE HUNDRED AND TWENTIETH OBSERVATION SQUADRON, AIR SERVICE, COLORADO NATIONAL GUARD, JULY 1 TO SEPTEMBER 30, 1924, FOR FLYING PAY, FOR A DECISION AS TO WHETHER THE DATA CONTAINED IN THE ROLL AND SUPPORTING PAPERS ARE SUFFICIENT TO AUTHORIZE PAYMENT.

SPECIAL ORDERS, NO. 23, HEADQUARTERS, FORTY-FIFTH DIVISION, AIR SERVICE, COLORADO NATIONAL GUARD, JUNE 25, 1924, PRESCRIBES THE DRILLS FOR THE MONTH OF JULY, 1924, AND PROVIDES THAT "DRILLS WILL COMMENCE PROMPTLY AT 8 A.M. FLIGHTS MAY BE MADE FROM 8 A.M. TO 4.30 P.M., DURING WHICH TIME THE DRILL PERIOD WILL BE CONTINUED.' SPECIAL ORDERS, NO. 28, AUGUST 1, 1924, WHICH PRESCRIBE DRILLS FOR AUGUST, 1924, PROVIDES THAT "DRILLS WILL COMMENCE AT 8 A.M. * * * FLIGHTS MAY BE MADE FROM 8 A.M. TO 4.30 P.M.' THE ORDER FOR THE MONTH OF SEPTEMBER IS SIMILAR TO THAT FOR JULY IN REGARD TO COMMENCEMENT OF DRILLS AND MAKING FLIGHTS.

PARAGRAPH 442, NATIONAL GUARD REGULATIONS, AS AMENDED BY CHANGE NO. 14, JUNE 3, 1924, PROVIDES THAT "EACH COMPANY, TROOP, BATTERY, AND DETACHMENT IN THE NATIONAL GUARD IS REQUIRED BY LAW TO ASSEMBLE FOR DRILL AND INSTRUCTION.' PARAGRAPH 923-C OF THE REGULATIONS PROVIDES THAT THE DRILLS OR ASSEMBLES PRESCRIBED DURING A MONTH SHALL BE OF AT LEAST ONE AND ONE- HALF HOURS DURATION, AND PARAGRAPH 928-A-2 AND E, AS AMENDED BY CHANGE NO. 14, JUNE 3, 1924, THAT A DRILL FOR ARMORY DRILL PAY PURPOSES MUST BE FOR "NOT LESS THAN ONE AND ONE-HALF HOURS, EXCLUSIVE OF RESTS AND INTERRUPTIONS.'

IT WAS HELD IN 5 COMP. GEN. 812, THAT:

AN OFFICER OR ENLISTED MAN OF AN AIR SERVICE ORGANIZATION OF THE NATIONAL GUARD MAY QUALIFY FOR THE 50 PERCENTUM INCREASE OF ARMORY DRILL PAY ONLY BY PARTICIPATING IN ONE OR MORE FLIGHTS AT THE DULY ORDERED FORMATION OF HIS ORGANIZATION OR SUBDIVISION THEREOF AT WHICH HE QUALIFIES FOR ARMORY DRILL PAY.

IT IS NOT UNDERSTOOD HOW A REGULARLY PRESCRIBED ASSEMBLY FOR DRILL, WHICH IS USUALLY HELD FOR THE STATUTORY MINIMUM OF ONE AND ONE-HALF HOURS, COULD CONTINUE FROM 8 A.M. TO 4.30 P.M. SECTION 442 OF THE NATIONAL GUARD REGULATIONS, AS AMENDED, CONTEMPLATES THE ASSEMBLY OF AN ORGANIZATION EN MASSE FOR DRILL AND INSTRUCTION WHERE LOCATED IN THE SAME CITY AS APPEARS IN THIS CASE. THERE IS NOTHING TO SHOW WHETHER THE ORGANIZATION ASSEMBLED AS A WHOLE FOR DRILLS OR IN SECTIONS. IF IT ASSEMBLED AS A WHOLE, FOR ONE AND ONE-HALF OR SAY TWO HOURS, AS WAS REQUIRED BY THE LAW, COMMENCING 8 A.M., SUCH FLIGHTS AS WERE MADE BETWEEN THE EXPIRATION THEREOF AND 4.30 P.M. WOULD NOT BE "WHILE IN ATTENDANCE AT AN ORDERED ASSEMBLY FOR DRILL AND INSTRUCTION OF HIS GANIZATION," AS REQUIRED BY PARAGRAPHS 4 B AND C OF THE EXECUTIVE ORDER OF SEPTEMBER 14, 1925. THE DRILL PERIOD OF AN ORGANIZATION IS THE TIME IT IS ACTUALLY IN THE PERFORMANCE OF ARMORY DRILL AND INSTRUCTION, NOT LESS THAN ONE AND ONE-HALF HOURS, AND THE MERE STATEMENT IN ORDERS THAT THE DRILL PERIOD WILL CONTINUE TO AN HOUR BEYOND THAT TIME, SAY 4.30 P.M., APPARENTLY TO COVER FLIGHTS MADE DURING THE REMAINDER OF THE DAY, CAN NOT HAVE THE EFFECT OF MAKING THE DRILL PERIOD COVER THE ENTIRE TIME SPECIFIED.

FOR THE REASONS STATED AND ON THE INFORMATION NOW PRESENTED, YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER.