A-61709, MAY 17, 1935, 14 COMP. GEN. 835

A-61709, MAY 17, 1935, 14 COMP. GEN. 835

NATIONAL GUARD - DRILL PAY OF OFFICERS AN OFFICER OF THE NATIONAL GUARD NOT BELONGING TO AN ORGANIZATION IS ENTITLED TO ARMORY DRILL PAY AS PROVIDED BY SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, ONLY FOR THE PERIOD DURING WHICH HE HAS SATISFACTORILY PERFORMED THE APPROPRIATE DUTIES CURRENTLY PRESCRIBED AND THE RETROACTIVE DESIGNATION OF OTHER OR DIFFERENT DUTIES MAY NOT BE ACCEPTED SO AS TO AUTHORIZE PAYMENT OF ARMORY DRILL PAY FOR A PERIOD WHEN THE CONTEMPORANEOUS RECORD BASED UPON CURRENT REQUIREMENTS EVIDENCES A FAILURE TO SATISFACTORILY PERFORM APPROPRIATE DUTIES.

COMPTROLLER GENERAL MCCARL TO THE CHIEF OF FINANCE, UNITED STATES ARMY, MAY 17, 1935:

THERE WAS RECEIVED BY YOUR INDORSEMENT OF APRIL 30, 1935, LETTER OF MAJ. CHAS. F. EDDY, F.D., UNITED STATES ARMY, TRANSMITTING SUPPLEMENTAL PAY ROLL OF HEADQUARTERS ONE HUNDRED AND SEVENTEENTH INFANTRY, TENNESSEE NATIONAL GUARD, OCTOBER 1 TO DECEMBER 31, 1934, COVERING THE CLAIM OF CAPT. ABNER U. TAYLOR FOR ADDITIONAL ARMORY DRILL PAY FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES FROM DECEMBER 16 TO DECEMBER 31, 1934.

CAPTAIN TAYLOR WAS PAID ARMORY DRILL PAY AS AN OFFICER BELOW THE GRADE OF MAJOR NOT BELONGING TO AN ORGANIZATION ON VOUCHER NO. 7082 OF MAJOR EDDY'S JANUARY 1935, ACCOUNTS WHICH CONTAINS REMARKS THAT THE OFFICER SATISFACTORILY PERFORMED APPROPRIATE DUTIES FROM OCTOBER 1 TO DECEMBER 15, 1934, AND THERE WAS SUBMITTED WITH THE SUPPLEMENTAL PAY ROLL EXTRACT COPY OF THE APPLICABLE MB FORM 100 SUPPORTING THE PAY ROLL ENTRY AND PAYMENT ON VOUCHER 7082.

THE SUPPLEMENTAL PAY ROLL CONTAINS REMARKS AS FOLLOWS:

SATISFACTORILY PERFORMED APPROPRIATE DUTIES FROM DEC. 15, (16) 1934 TO DEC. 31, 1934, BOTH DATES INCL. SHOWN AS SATISFACTORY PERFORMANCE OF DUTIES FROM DEC. 1, 1934 TO DEC. 15, 1934, NCL., ON ORIGINAL ROLL AND FORM 100. NO REMARK OR CLAIM OF PAY SHOWN ON ORIGINAL ROLL FOR DEC. 16, 1934, TO DEC. 31, 1934, INCL., AS AUTHORITY WAS NOT GRANTED FOR CLAIM UNTIL JAN. 18, 1935, BY AGO (AUTHORITY ATTACHED). THIS WAS CAUSED BY FAILURE OF CLAIMANT TO SUBMIT REQUIRED HOURS OF AEC WORK BY PROPER TIME. CLAIMANT WAS ENGAGED IN PREPARING OFFICERS SCHOOL SCHEDULE DURING DECEMBER AND WAS ALSO CALLED ON RIOT DUTY FOR FIVE DAYS. EXAMINATION WAS REQUESTED FOR DEC. 16, 1934, TO DEC. 31, 1934, INCL., AND WAS GRANTED JAN. 18, 1935.

IT APPEARS THAT THE EXEMPTION REFERRED TO WAS NOT REQUESTED BY THE OFFICER COMMANDING THE ONE HUNDRED AND SEVENTEENTH INFANTRY UNTIL JANUARY 10, 1935, AND IN THIS CONNECTION IT APPEARS THAT ONLY PARAGRAPH 3 OF THE COPY OF LETTER OF THAT DATE WAS FURNISHED WHICH DID NOT SPECIFY THE NAMES OF THE OFFICERS FOR WHOM RELIEF WAS REQUESTED OF THEIR A.E.C. WORK DURING THE MONTH OF DECEMBER 1934.

FIRST INDORSEMENT DATED JANUARY 18, 1935, FROM THE ADJUTANT GENERAL, STATE OF TENNESSEE, TO THE SENIOR INSTRUCTOR, KNOXVILLE, TENN., IS WORDED AS FOLLOWS:

1. I HAVE TALKED WITH COLONEL BOND ABOUT THIS PLAN FOR SCHOOLS AND AM OF THE OPINION THAT THE REQUEST CONTAINED IN BASIC COMMUNICATION IS A REASONABLE ONE. IT IS THEREFORE APPROVED, AND THESE OFFICERS WILL QUALIFY FOR PAY BY REASON OF THE SERVICES TO BE PERFORMED UNDER THE DIRECTION OF COLONEL BOND IN HIS OFFICERS' SCHOOL. THIS EXCEPTION TO REMAIN IN EFFECT UNTIL JULY 1, 1935.

NOTATION AT THE BOTTOM OF THE INDORSEMENT INDICATES THAT CAPTAIN TAYLOR WAS ONE OF THE OFFICERS CONTEMPLATED BY THE COMMANDING OFFICER OF THE ONE HUNDRED AND SEVENTEENTH INFANTRY.

SECTION 109 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364, PROVIDES IN PART:

* * * OFFICERS ABOVE THE GRADE OF CAPTAIN SHALL RECEIVE NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OF MAJOR, NOT BELONGING TO ORGANIZATIONS, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTION 3 OF SAID PAY READJUSTMENT ACT FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. * * *

PARAGRAPH 9, N.G.R. 58, DATED APRIL 1, 1928, PROVIDES:

OFFICERS BELOW THE GRADE OF MAJOR NOT BELONGING TO ORGANIZATIONS.--- FOR SATISFACTORY PERFORMANCE OF HIS APPROPRIATE DUTIES, AS DEFINED IN PARAGRAPH 21, N.G.R. 45, AND EVIDENCED BY THE AUTHORIZED CERTIFICATE ON A PAY ROLL (SEE N.G.R. 99), EACH OFFICER BELOW THE GRADE OF MAJOR NOT BELONGING TO AN ORGANIZATION, IN ARMORY DRILL PAY STATUS, SHALL RECEIVE ARMORY DRILL PAY AT THE RATE PER MONTH OF FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF HIS GRADE STATED IN PARAGRAPH 4 ABOVE.

PARAGRAPH 21, N.G.R. 45, DATED AUGUST 7, 1934, PROVIDES:

APPROPRIATE DUTIES FOR OFFICERS NOT BELONGING TO ORGANIZATIONS.-- "APPROPRIATE DUTIES" REFERRED TO IN SECTION 109, NATIONAL DEFENSE ACT, FOR GENERAL AND FIELD OFFICERS, AND CAPTAINS AND LIEUTENANTS NOT BELONGING TO COMPANIES, ARE THOSE VARIOUS MILITARY DUTIES PRESCRIBED BY LAW AND REGULATIONS AND THOSE ASSIGNED FROM TIME TO TIME BY PROPER MILITARY AUTHORITY. WHILE THE APPROPRIATE DUTIES OF GENERAL AND FIELD OFFICERS, AND CAPTAINS AND LIEUTENANTS NOT BELONGING TO COMPANIES, SHOULD ORDINARILY PERTAIN TO THE OFFICER'S 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 FFICERS; 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. * *

THE SUBMISSION INDICATES THAT PAYMENT WAS MADE TO CAPTAIN TAYLOR ON THE BASIS OF DUTIES CURRENTLY PRESCRIBED AS THE APPROPRIATE DUTIES CONTEMPLATED UNDER SECTION 109 OF THE NATIONAL DEFENSE ACT AND THE REGULATIONS ISSUED PURSUANT THERETO, AND THE PERIOD THAT SUCH DUTIES WERE CONSIDERED TO HAVE BEEN SATISFACTORILY PERFORMED WAS REGULARLY REFLECTED ON MB FORM 100, THE PERMANENT RECORD OF DUTY PERFORMED FOR THE MONTH OF DECEMBER 1934. THE AUTHORITY OF THE ADJUTANT GENERAL OF THE STATE TO PRESCRIBE DIFFERENT AND OTHER DUTIES AND TO RELIEVE THE OFFICERS IN THIS PARTICULAR CASE OF THEIR A.E.C. WORK, WHEN PERMITTED BY WAR DEPARTMENT REGULATIONS OR INSTRUCTIONS, IS NOT QUESTIONED WHERE PROSPECTIVE IN OPERATION, BUT THE INDORSEMENT OF JANUARY 18, 1935, ATTEMPTING TO GIVE RETROACTIVE EFFECT THERETO MAY NOT BE ACCEPTED BY THIS OFFICE SO AS TO AUTHORIZE THE PAYMENT OF ADDITIONAL ARMORY DRILL PAY FOR A PRIOR PERIOD WHEN THE CONTEMPORANEOUS RECORD BASED UPON CURRENT REQUIREMENTS EVIDENCES A FAILURE TO SATISFACTORILY PERFORM APPROPRIATE DUTIES. PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.