SEPTEMBER 15, 1922, 2 COMP. GEN. 199

SEPTEMBER 15, 1922, 2 COMP. GEN. 199

ARMORY DRILL PAY - NATIONAL GUARD THE ACT OF JUNE 3, 1916, 39 STAT. 210, PROVIDING THAT ALL DISBURSEMENTS OF ARMORY DRILL PAY FOR THE NATIONAL GUARD SHALL BE MADE AS SOON AS PRACTICABLE AFTER THE 31ST OF DECEMBER AND THE 30TH OF JUNE OF EACH YEAR, I.E., SEMIANNUALLY, PRECLUDES SUCH DISBURSEMENTS BEING MADE QUARTERLY OR MORE FREQUENTLY THAN SEMIANNUALLY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 15, 1922:

I HAVE YOUR LETTER OF JULY 20, 1922, REQUESTING DECISION WHETHER, IN VIEW OF THE DECISION OF MARCH 2, 1922, 1 COMP. GEN., 473, PARAGRAPH 917, OF THE NATIONAL GUARD REGULATIONS, 1922, SAID TO HAVE BEEN BASED UPON DECISION OF THE COMPTROLLER OF THE TREASURY OF AUGUST 24, 1920, 27 COMP. C., 200, IS IN CONFORMITY WITH LAW.

PARAGRAPH 917 OF THE REGULATIONS PROVIDES:

DUPLICATE PAY ROLLS ON FORMS 367 AND 367A, WAR DEPARTMENT WILL BE FORWARDED TO THE INSTRUCTOR HAVING INSTRUCTION SUPERVISION OF THE ORGANIZATION ON MARCH 31, JUNE 30, SEPTEMBER 30, AND DECEMBER 31 OF EACH YEAR. A TRIPLICATE COPY WILL BE RETAINED IN THE ORGANIZATION'S RECORDS. THE RECORD AS TO EACH DRILL HELD SHOULD BE COMPLETED ON THE DRILL REPORT (FORM 367B) IMMEDIATELY AFTER SUCH DRILL, SO THAT AT THE TERMINATION OF THE THREE MONTHS' PERIOD THE REPORT OF DRILL ATTENDANCE AND ROLLS WILL BE COMPLETED AND THE ROLLS WILL BE FORWARDED BY THE ORGANIZATION COMMANDER TO THE INSTRUCTOR CONCERNED FOR CERTIFICATION AND HE WILL FORWARD THEM TO THE CORPS AREA COMMANDER FOR EXAMINATION AND APPROVAL AND REFERENCE TO THE FINANCE OFFICER OF THE CORPS AREA FOR NECESSARY ACTION.

IN DECISION OF MARCH 2, 1922, 1 COMP. GEN., 471, 473, HAVING UNDER CONSIDERATION WHETHER AMOUNTS EARNED AS ARMORY DRILL PAY BY MEMBERS OF THE NATIONAL GUARD BEFORE DEATH OR DESERTION WERE AVAILABLE FOR APPLICATION AGAINST INDEBTEDNESS FOR LOST, DAMAGED, OR DESTROYED GOVERNMENT PROPERTY, IT WAS SAID:

(C) SECTIONS 109 AND 110 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 783, PROVIDE ARMORY DRILL PAY FOR OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD UNDER THE CONDITIONS AND LIMITATIONS THEREIN FIXED, AND SUCH PAY, WHEN EARNED, IS TO BE PAID AS REQUIRED BY THE SECOND PARAGRAPH OF SECTION 110 OF THE ACT OF JUNE 3, 1916, 39 STAT., 210, WHICH PROVIDES:

"* * * ALL AMOUNTS APPROPRIATED FOR THE PURPOSE OF THIS AND THE LAST PRECEDING SECTION SHALL BE DISBURSED AND ACCOUNTED FOR BY THE OFFICERS AND AGENTS OF THE QUARTERMASTER CORPS OF THE ARMY, AND ALL DISBURSEMENTS UNDER THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE MADE AS SOON AS PRACTICABLE AFTER THE THIRTY-FIRST DAY OF DECEMBER AND THE THIRTIETH DAY OF JUNE OF EACH YEAR UPON PAY ROLLS PREPARED AND AUTHENTICATED IN THE MANNER TO BE PRESCRIBED BY THE SECRETARY OF WAR.'

THE QUESTION OF WHEN PAYMENTS OF ARMORY DRILL PAY SHOULD BE MADE TO THE NATIONAL GUARD WAS NOT PRESENTED NOR CONSIDERED IN THAT CASE, THE QUOTATION OF THE LAW ON THE MATTER BEING THE ONLY REFERENCE THERETO.

THE COMPTROLLER OF THE TREASURY IN DECISION OF AUGUST 24, 1920, 27 COMP. DEC., 200, 202, HAD UNDER CONSIDERATION THE QUESTION WHETHER PAYMENTS MIGHT BE MADE OF ARMORY DRILL PAY UNDER SECTION 110 OF THE ACT OF JUNE 3, 1916, 39 STAT., 210, FOR LESS THAN 24 BUT NOT LESS THAN 12 DRILLS DURING THE SEMIANNUAL PERIOD ENDED JUNE 30, 1920, THE REASON FOR THE SUBMISSION BEING THAT THE ACT OF JUNE 4, 1920, 41 STAT., 784, PROVIDED AN ENTIRELY DIFFERENT METHOD OF COMPUTING ARMORY DRILL PAY EFFECTIVE JULY 1, 1920. THE CHANGES IN THE METHOD OF COMPUTING ARMORY DRILL PAY MADE BY THE AMENDMENT AND REENACTMENT OF THE FIRST PARAGRAPH OF SECTION 110 OF THE NATIONAL DEFENSE ACT BY THE ACT OF JUNE 4, 1920, WERE COMMENTED UPON BY THE COMPTROLLER OF THE TREASURY IN THE FOLLOWING LANGUAGE:

EFFECTIVE JULY 1, 1920, A NEW RATE OF PAY AND A DIFFERENT METHOD OF CALCULATION IS PROVIDED. APPARENTLY MONTHLY PAYMENTS ARE AUTHORIZED,THE ONLY REQUIREMENT BEING THAT PAYMENTS SHALL NOT BE MADE FOR MORE THAN 60 DRILLS IN ANY ONE YEAR AND THAT THE MAN SHALL HAVE ATTENDED DURING THE MONTH FOR WHICH HE IS BEING PAID NOT LESS THAN 60 PERCENT OF THE DRILLS, ETC., PRESCRIBED FOR THE ORGANIZATION OF WHICH HE IS A MEMBER.

THE QUESTION NOW PRESENTED OF THE PERIODS FOR WHICH PAYMENT OF ARMORY DRILLS MAY BE MADE WAS NOT THEN BEFORE THE COMPTROLLER.

THE QUESTION YOU NOW PRESENT HAS NOT BEEN DIRECTLY DECIDED, THE WAR DEPARTMENT, UNTIL THE PUBLICATION OF THE 1922 EDITION OF THE NATIONAL GUARD REGULATIONS, HAVING MADE PAYMENTS OF ARMORY DRILL PAY SEMIANNUALLY AND THE ACCOUNTING OFFICERS NOT HAVING QUESTIONED THE PROPRIETY OF SO MAKING SUCH PAYMENTS. YOUR LETTER WILL THEREFORE BE CONSIDERED AS A REQUEST FOR DECISION WHETHER PAYMENTS OF ARMORY DRILL PAY MAY BE MADE QUARTERLY.

THE SECOND PARAGRAPH OF SECTION 110 OF THE ACT OF JUNE 3, 1916, 39 STAT., 210, IS STILL EFFECTIVE LAW; IT HAS NEVER BEEN REPEALED; IT IS NOT AFFECTED NOR MODIFIED BY THE ACT OF JUNE 4, 1920, WHICH BY SECTION 48 AMENDED AND REENACTED THE FIRST PARAGRAPH OF SECTION 110 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916. THE FIRST PARAGRAPH OF SECTION 110 OF THE ACT OF JUNE 3, 1916, PROVIDED ARMORY DRILL PAY FOR ENLISTED MEN OF THE NATIONAL GUARD CONDITIONED ON THE NUMBER OF DRILLS ATTENDED DURING THE SEMIANNUAL OR ANNUAL PERIODS FIXED, AND WHEN THIS ORIGINAL FIRST PARAGRAPH OF THE SECTION IS READ IN CONNECTION WITH THE SECOND PARAGRAPH THE INTENT OF THE SECOND PARAGRAPH IS SO OBVIOUS AS NOT TO REQUIRE DISCUSSION. PROVIDES THAT PAYMENTS OF ARMORY DRILL PAY "SHALL BE MADE AS SOON AS PRACTICABLE AFTER THE THIRTY-FIRST DAY OF DECEMBER AND THE THIRTIETH DAY OF JUNE OF EACH YEAR.' THIS LANGUAGE IS SPECIFIC AND MANDATORY; IT FIXES THE NUMBER OF PAYMENTS AND THE DATES TO WHICH PAYMENTS ARE TO BE MADE; AND PAYMENTS MAY NOT BE MADE MORE FREQUENTLY THAN THEREIN DIRECTED.

YOU ARE THEREFORE INFORMED THAT SO FAR AS PARAGRAPH 917 OF THE 1922 EDITION OF THE NATIONAL GUARD REGULATIONS PURPORTS TO AUTHORIZE PAYMENTS OR ARMORY DRILL PAY AT MORE FREQUENT INTERVALS THAN SEMIANNUALLY "AS SOON AS PRACTICABLE AFTER THE THIRTY-FIRST DAY OF DECEMBER AND THE THIRTIETH DAY OF JUNE OF EACH YEAR" IT IS CONTRARY TO LAW.