DECEMBER 12, 1922, 2 COMP. GEN. 375
Highlights
ARE MEMBERS OF ORGANIZATIONS. MAY BE REQUIRED BY THE REGULATIONS TO ATTEND AND SATISFACTORILY PERFORM THEIR APPROPRIATE DUTIES AT ALL DRILLS PROPERLY PRESCRIBED FOR THE ORGANIZATION OF WHICH THEY ARE MEMBERS. 1922: I HAVE YOUR LETTER OF NOVEMBER 20. READING AS FOLLOWS: I REQUEST YOUR DECISION WHETHER A WARRANT OFFICER OF THE NATIONAL GUARD IS ENTITLED TO ARMORY DRILL PAY ON THE BASIS OF AN OFFICER OR ENLISTED MAN: (A) IS HE ENTITLED TO PAY FOR ALL DRILLS ATTENDED WHERE 50 PERCENT OF THE COMMISSIONED AND 60 PERCENT OF THE ENLISTED STRENGTH IS PRESENT. (B) IS HE REQUIRED TO ATTEND 60 PERCENT OF THE DRILLS ORDERED FOR HIS ORGANIZATION FOR EACH MONTH? IS HE ENTITLED TO PAY NOT EXCEEDING 8 DRILLS PER MONTH OR 60 PER YEAR?
DECEMBER 12, 1922, 2 COMP. GEN. 375
NATIONAL GUARD - DRILL PAY OF WARRANT OFFICERS IN TIME OF PEACE WARRANT OFFICERS OF THE NATIONAL GUARD, IN TIME OF PEACE AND UNDER PRESENT REGULATIONS, ARE MEMBERS OF ORGANIZATIONS, AND MAY BE REQUIRED BY THE REGULATIONS TO ATTEND AND SATISFACTORILY PERFORM THEIR APPROPRIATE DUTIES AT ALL DRILLS PROPERLY PRESCRIBED FOR THE ORGANIZATION OF WHICH THEY ARE MEMBERS, AND THEIR MONTHLY PAY MAY BE REDUCED PROPORTIONATELY TO THEIR FAILURE TO ATTEND SUCH DRILLS, BUT THE REGULATIONS MAY NOT FIX A RATE OF PAY PER DRILL OR UNIT OF SERVICE IN LIEU OF THE STATUTORY MONTHLY RATE.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, DECEMBER 12, 1922:
I HAVE YOUR LETTER OF NOVEMBER 20, 1922, READING AS FOLLOWS:
I REQUEST YOUR DECISION WHETHER A WARRANT OFFICER OF THE NATIONAL GUARD IS ENTITLED TO ARMORY DRILL PAY ON THE BASIS OF AN OFFICER OR ENLISTED MAN:
(A) IS HE ENTITLED TO PAY FOR ALL DRILLS ATTENDED WHERE 50 PERCENT OF THE COMMISSIONED AND 60 PERCENT OF THE ENLISTED STRENGTH IS PRESENT, NOT EXCEEDING FIVE IN A MONTH OR 60 IN A YEAR?
(B) IS HE REQUIRED TO ATTEND 60 PERCENT OF THE DRILLS ORDERED FOR HIS ORGANIZATION FOR EACH MONTH?
(C) IF CLASSIFIED UNDER (B), IS HE ENTITLED TO PAY NOT EXCEEDING 8 DRILLS PER MONTH OR 60 PER YEAR?
SECTION 14 OF THE ACT OF JUNE 10, 1922, 42 STAT., 631, SO FAR AS HERE MATERIAL, PROVIDES:
* * * WARRANT OFFICERS OF THE NATIONAL GUARD SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADE FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES, UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE.
THE LANGUAGE HERE USED IS IDENTICAL WITH THAT USED IN SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 47 OF THE ACT OF JUNE 4, 1920, 41 STAT., 783, FIXING THE ARMORY DRILL PAY OF OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS, WHO, IT IS PROVIDED:
* * * SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE.
THE PAY FIXED IN BOTH OF THESE PROVISIONS OF LAW IS A MAXIMUM MONTHLY PAY, AND ACCRUES FROM DAY TO DAY WHILE THE WARRANT OFFICER OR OFFICER IS IN AN ARMORY DRILL PAY STATUS. 1 COMP. GEN., 392. A RATE OF PAY PER DRILL OR UNIT OF SERVICE MAY NOT BE FIXED IN LIEU OF THE STATUTORY MONTHLY RATE. 13 MS. COMP. GEN., 129, SEPTEMBER 5, 1922, AND 14 MS. COMP. GEN., 662, OCTOBER 13, 1922. THIS ANSWERS QUESTION (A) IN PART, AND QUESTION (C).
PARAGRAPH 1007, NATIONAL GUARD REGULATIONS, 1922, PROVIDES:
IN TIME OF PEACE, THE APPOINTMENT OF WARRANT OFFICERS IN THE NATIONAL GUARD WILL BE LIMITED TO BAND LEADERS. BAND LEADERS (WARRANT OFFICERS) OF NATIONAL GUARD REGIMENTS WILL BE APPOINTED ON RECOMMENDATION OF THE REGIMENTAL COMMANDERS, BY THE GOVERNORS OF THE RESPECTIVE STATES WHERE THE CORRESPONDING REGIMENTAL HEADQUARTERS IS INCLUDED IN THE OFFICIAL ALLOCATION OF TROOPS. WARRANTS WILL BE ISSUED BY THE APPOINTING POWER OR BY THEIR ORDER.
UNDER EXISTING REGULATIONS, THEREFORE, IN TIME OF PEACE ALL NATIONAL GUARD WARRANT OFFICERS ARE MEMBERS OF ORGANIZATIONS. A REGULATION REQUIRING WARRANT OFFICERS TO ATTEND ALL DRILLS PROPERLY PRESCRIBED FOR THE ORGANIZATIONS OF WHICH THEY ARE MEMBERS AND THE PERFORMANCE OF THEIR APPROPRIATE DUTIES, WOULD BE A PROPER AND LEGAL REGULATION, AND FAILURE TO ATTEND ANY OF THE PRESCRIBED AND PROPERLY ORDERED DRILLS WOULD PROPORTIONATELY REDUCE THE MONTHLY MAXIMUM PAY; AS WOULD ALSO FAILURE OF THE ORGANIZATION TO QUALIFY FOR CREDIT FOR A DRILL UNDER REGULATIONS ISSUED PURSUANT TO SECTION 92 OF THE ACT OF JUNE 3, 1916, 39 STAT., 206. FOR EXAMPLE, FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF A WARRANT OFFICER IS $19.73 1/3; IF 15 DRILLS WERE ORDERED FOR A WARRANT OFFICER'S ORGANIZATION DURING A QUARTER AND A WARRANT OFFICER IN A DRILL PAY STATUS DURING THE ENTIRE QUARTER ATTENDED 14 OF THE ORDERED DRILLS HE WOULD BE ENTITLED TO 14/15 OF 3 TIMES $19.73 1/3 OR $55.25.
AS THE STATUTE DOES NOT FIX THE PERFORMANCE OF A SPECIFIC NUMBER OF UNITS OF SERVICE OR DRILLS AS A CONDITION FOR EARNING THE PAY PROVIDED, NOR THE ATTENDANCE OF A MINIMUM NUMBER OF OFFICERS AND ENLISTED MEN AT THE DRILL, AS IN THE CASE OF CAPTAINS AND LIEUTENANTS BELONGING TO ORGANIZATIONS, A REGULATION SO PROVIDING WOULD IN EFFECT INFLICT A FORFEITURE OF PAY OTHERWISE EARNED UNDER THE STATUTE AND WOULD BE ILLEGAL, EXCEPT AS CREDIT FOR THE DRILL MAY BE DENIED TO THE ORGANIZATION AND TO THE PERSONNEL THEREOF (OTHER THAN ENLISTED MEN) UNDER SECTION 92 OF THE ACT OF JUNE 3, 1916. THIS COMPLETES ANSWER TO QUESTION (A) AND ANSWERS QUESTION (B) SO FAR AS IT CAN BE ANSWERED IN ITS PRESENT FORM.
REPLYING SPECIFICALLY TO YOUR PRINCIPAL QUESTIONS, WARRANT OFFICERS SHOULD BE PAID ARMORY DRILL PAY AS THE STATUTE PRESCRIBES FOR WARRANT OFFICERS UNDER THE CONDITIONS AND LIMITATIONS THAT MAY BE PROPERLY PRESCRIBED IN REGULATIONS TO BE ISSUED BY THE SECRETARY OF WAR.