B-113806, APRIL 22, 1953, 32 COMP. GEN. 476

B-113806, APRIL 22, 1953, 32 COMP. GEN. 476

PAY - TRAINING ASSEMBLIES - "AFFILIATED UNITS" OF ORGANIZED RESERVE CORPS THE NUMBER OF TRAINING ASSEMBLIES FOR WHICH MEMBERS OF AN "AFFILIATED UNIT" OF THE ORGANIZED RESERVE CORPS ARE LEGALLY ENTITLED TO PAY CANNOT BE INCREASED TO A NUMBER IN EXCESS OF THAT AUTHORIZED BY THE REGULATIONS APPLICABLE TO THE ACTIVE TRAINING DUTY OF UNITS OF THE ORGANIZED RESERVE CORPS GENERALLY--- 48 ASSEMBLIES PER YEAR FOR UNITS OF CLASS A STATUS AND 24 ASSEMBLIES PER YEAR FOR UNITS OF CLASS B STATUS--- AND THEREFORE, THERE IS NO STATUTORY AUTHORITY TO PAY MEMBERS OF AN "AFFILIATED UNIT" HOLDING A CLASS B STATUS ON THE BASIS OF 48 ASSEMBLIES PER YEAR REGARDLESS OF THE TERMS OF THE "AFFILIATION AGREEMENT.'

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. J. B. REGAN, DEPARTMENT OF THE ARMY, APRIL 22, 1953:

BY SECOND ENDORSEMENT DATED FEBRUARY 6, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER DATED DECEMBER 10, 1952, WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER, UNDER THE CIRCUMSTANCES SHOWN IN THE ENCLOSURES, OFFICERS AND ENLISTED MEMBERS OF THE 695TH QUARTERMASTER SUBSISTENCE DEPOT COMPANY, BESSEMER, ALABAMA, ARE LEGALLY ENTITLED TO PAY FOR THE PERIOD JUNE 1, 1951, TO AUGUST 31, 1951, ON THE BASIS OF 24 OR 48 ASSEMBLIES PER ANNUM.

THE SAID ORGANIZATION (PREVIOUSLY DESIGNATED THE 695TH QUARTERMASTER SUPPLY AND SALES COMPANY) APPEARS TO BE AN "AFFILIATED UNIT" OF THE ORGANIZED RESERVE CORPS AS DEFINED IN SPECIAL REGULATIONS NO. 140-320 1, FEBRUARY 16, 1950, RELATING TO THE DEPARTMENT OF THE ARMY "AFFILIATION PROGRAM.' ALSO, IT APPEARS THAT DURING THE PERIOD INVOLVED THE SAID ORGANIZATION WAS "SPONSORED" BY THE BESSEMER CHAMBER OF COMMERCE, BESSEMER, ALABAMA, UNDER AN AGREEMENT ENTERED INTO WITH THE DEPARTMENT OF THE ARMY ON FEBRUARY 8, 1950, PURSUANT TO THE ABOVE MENTIONED REGULATIONS. THE STATUTORY AUTHORITY PURSUANT TO WHICH THE SAID "AFFILIATION PROGRAM" WAS ESTABLISHED OR THE AUTHORITY PERMITTING SPONSORSHIP OF ORGANIZED RESERVE UNITS BY STATE, MUNICIPAL OR PRIVATE ORGANIZATIONS UNDER "AFFILIATION AGREEMENTS" WITH THE GOVERNMENT IS NOT DISCLOSED OR OTHERWISE APPARENT AND NOTHING STATED HEREIN IS TO BE CONSIDERED AS RECOGNIZING THE VALIDITY OF SUCH ARRANGEMENTS.

THE INFORMATION ACCOMPANYING YOUR REQUEST FOR DECISION DISCLOSES THAT THE UNIT HERE INVOLVED WAS ACTIVATED IN A CLASS C STATUS, WITH A VIEW TO ULTIMATE CLASS A STATUS; THAT IT WAS ADVANCED FROM CLASS C TO CLASS B STATUS EFFECTIVE APRIL 1, 1951, AND THAT AS OF AUGUST 31, 1951, IT HAD FAILED TO ATTAIN CLASS A STATUS. IT FURTHER APPEARS THAT DURING THE FISCAL YEAR 1950 AND 1951, ONLY UNITS WHICH HAD ACTUALLY ATTAINED CLASS A STATUS UNDER AUTHORITY OF APPROPRIATE ORDERS WERE AUTHORIZED PAY FOR ASSEMBLIES PER YEAR. WHILE THE "AFFILIATION AGREEMENT" RECEIVED WITH YOUR REQUEST PROVIDES FOR A TRAINING SCHEDULE FOR THE UNIT TO CONSIST OF 48 ARMORY TRAINING ASSEMBLIES PER YEAR WITH SUMMER TRAINING, PARAGRAPH 4 OF THE ABOVE-MENTIONED REGULATIONS PROVIDES THAT SUCH AGREEMENTS "WILL BE IN GENERAL TERMS ONLY, NONLEGAL IN NATURE, AND WILL NOT CONSTITUTE A BINDING CONTRACT.' THE NUMBER OF TRAINING ASSEMBLIES FOR WHICH MEMBERS OF THE SAID ORGANIZATION WOULD BE LEGALLY ENTITLED TO PAY COULD NOT BE INCREASED TO A NUMBER IN EXCESS OF THAT AUTHORIZED BY THE REGULATIONS AND DIRECTIVES APPLICABLE TO THE ACTIVE TRAINING DUTY OF UNITS OF THE ORGANIZED RESERVE CORPS GENERALLY. SINCE IT APPEARS THAT THIS ORGANIZATION ACTUALLY HELD A CLASS B STATUS DURING THE PERIOD JUNE 1, 1951 TO AUGUST 31, 1951, AND THAT UNITS IN SUCH CATEGORY WERE AUTHORIZED TO BE PAID FOR ONLY 24 ASSEMBLIES PER YEAR DURING THE FISCAL YEARS 1950 AND 1951, THERE IS NO AUTHORITY OF LAW TO PAY MEMBERS OF THE ORGANIZATION ON THE BASIS OF 48 ASSEMBLIES PER YEAR DURING SUCH PERIOD. ACCORDINGLY, YOU ARE AUTHORIZED TO MAKE PAYMENT TO QUALIFIED MEMBERS OF THE SAID 695TH QUARTERMASTER SUBSISTENCE DEPOT COMPANY ON THE BASIS OF NOT MORE THAN 24 ASSEMBLIES PER ANNUM, IF OTHERWISE CORRECT, DURING THE PERIOD IN QUESTION.

THE PAY ROLL AND SUPPORTING PAPERS WHICH ACCOMPANIED YOUR SUBMISSION ARE RETURNED HEREWITH.