B-1167, SEPTEMBER 7, 1939, 19 COMP. GEN. 326

B-1167, SEPTEMBER 7, 1939, 19 COMP. GEN. 326

LEAVES OF ABSENCE - ANNUAL - ACT, MARCH 14, 1936 - NATIONAL GUARD OFFICERS APPOINTED UNITED STATES PROPERTY AND DISBURSING OFFICERS THE NATIONAL GUARD OFFICERS APPOINTED BY THE GOVERNORS OF THE STATES AS PROPERTY AND DISBURSING OFFICERS OF THE UNITED STATES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 67 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 199, 200, ARE STATE OFFICERS AND NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF SECTION 1 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1161, AND, THEREFORE, ARE NOT ENTITLED TO ANNUAL LEAVE AS THEREIN PROVIDED UNDER THE EXECUTIVE REGULATIONS ISSUED PURSUANT THERETO.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, SEPTEMBER 7, 1939:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 31, 1939, AS FOLLOWS:

LIEUTENANT COLONEL J. E. WALSH, Q.M.C., OHIO NATIONAL GUARD, IS THE DULY QUALIFIED AND ACTING UNITED STATES PROPERTY AND DISBURSING OFFICER FOR OHIO AND HAS BEEN SUCH SINCE MAY 9, 1935. COLONEL WALSH HAS NOT REQUESTED AND, THEREFORE, HAS NEVER BEEN GRANTED LEAVE FROM HIS SAID DUTIES AS SAID UNITED STATES PROPERTY AND DISBURSING OFFICER. HE NOW MAKES APPLICATION FOR LEAVE FOR THE PERIOD JANUARY 23 TO FEBRUARY 4, 1939, AS A PART OF ANNUAL LEAVE GRANTED TO FEDERAL EMPLOYEES BY THE PROVISIONS OF SECTION 1 OF THE ACT OF MARCH 14, 1936 (49 STAT. 1161).

IT DOES NOT APPEAR THAT THERE HAS BEEN ANY DECISION BY YOUR OFFICE UPON THE POINT AS TO WHETHER THE PROVISIONS OF THE ACT REFERRED TO ABOVE APPLY TO UNITED STATES PROPERTY AND DISBURSING OFFICERS, AND I AM WITHHOLDING ACTION UPON COLONEL WALSH'S REQUEST UNTIL YOUR VIEW IS RECEIVED.

FROM THE OPINIONS EXPRESSED IN 3 COMP. GEN. 533 AND WOODFORD V. U.S., 77 FED. (2D ED.) 861, IT WOULD APPEAR THAT UNITED STATES PROPERTY AND DISBURSING OFFICERS SHOULD BE CONSIDERED AS AMONG THE "CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES," REFERRED TO IN THE ACT OF MARCH 14, 1936, REFERRED TO ABOVE.

UNDER ARTICLE 1, SECTION 8 OF THE CONSTITUTION OF THE UNITED STATES, THE CONGRESS HAS POWER TO PROVIDE FOR ORGANIZING, ARMING, AND DISCIPLINING THE MILITIA, AND FOR GOVERNING SUCH PART OF THEM AS MAY BE EMPLOYED IN THE SERVICE OF THE UNITED STATES, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS.

SECTION 1661 OF THE REVISED STATUTES, DERIVED IN PART FROM THE ACT OF APRIL 23, 1808, 2 STAT. 490, PROVIDED FOR THE ANNUAL APPROPRIATION OF $200,000 FOR THE PURPOSE OF PROVIDING ARMS AND EQUIPMENTS FOR THE WHOLE BODY OF THE MILITIA EITHER BY PURCHASE OR MANUFACTURE AND ON ACCOUNT OF THE UNITED STATES. SUBSEQUENTLY, THERE WERE APPROPRIATED ANNUALLY SUMS FOR THE PURPOSE OF PROVIDING ARMS, ORDNANCE STORES, QUARTERMASTER STORES, AND CAMP EQUIPAGE FOR ISSUE TO THE MILITIA.

SECTION 3 OF THE ACT OF FEBRUARY 12, 1887, AS AMENDED BY THE ACT OF JUNE 22, 1906, 34 STAT. 450, PROVIDED AS FOLLOWS:

THAT THE PURCHASE OR MANUFACTURE OF ARMS, ORDNANCE STORES, QUARTERMASTER STORES, AND CAMP EQUIPAGE FOR THE MILITIA UNDER THE PROVISIONS OF THIS ACT SHALL BE MADE UNDER THE DIRECTION OF THE SECRETARY OF WAR, AS SUCH ARMS, ORDNANCE AND QUARTERMASTER STORES, AND CAMP EQUIPAGE ARE NOW MANUFACTURED OR OTHERWISE PROVIDED FOR THE USE OF THE REGULAR ARMY, AND THEY SHALL BE RECEIPTED FOR AND SHALL REMAIN THE PROPERTY OF THE UNITED STATES, AND BE ANNUALLY ACCOUNTED FOR BY THE GOVERNORS OF THE STATES AND TERRITORIES AND BY THE COMMANDING GENERAL OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, FOR WHICH PURPOSE THE SECRETARY OF WAR SHALL PRESCRIBE AND SUPPLY THE NECESSARY BLANKS AND MAKE SUCH REGULATIONS AS HE MAY DEEM NECESSARY TO PROTECT THE INTERESTS OF THE UNITED STATES.

SECTION 4 OF THE ACT OF JUNE 22, 1906, SUPRA, PROVIDED, AMONG OTHER THINGS, THAT IF THE PROPERTY FURNISHED TO ANY STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA WAS LOST OR DESTROYED DUE TO CARELESSNESS OR NEGLECT, AND THAT SUCH LOSS COULD HAVE BEEN AVOIDED BY THE EXERCISE OF REASONABLE CARE, THE MONEY VALUE THEREOF SHOULD BE CHARGED AGAINST THE ALLOTMENT TO THE STATES UNDER SECTION 1661 OF THE REVISED STATUTES, AS AMENDED.

FOLLOWING THE SPANISH-AMERICAN WAR AND APPARENTLY TO CORRECT CERTAIN DEFICIENCIES IN THE MILITIA FOUND TO HAVE EXISTED INCIDENT TO THE WAR, THE MILITIA WAS REORGANIZED BY THE ACT OF JANUARY 21, 1903, 32 STAT. 775, ET SEQ. SECTION 13, 32 STAT. 777, AUTHORIZED THE SECRETARY OF WAR TO ISSUE ON THE RECOMMENDATIONS OF THE GOVERNORS OF THE SEVERAL STATES AND TERRITORIES SUCH NUMBER OF THE UNITED STATES STANDARD SERVICE MAGAZINE GUNS WITH BAYONETS, BAYONET SCABBARDS, GUN SLINGS, AND SUCH OTHER NECESSARY ACCOUTERMENTS AND EQUIPMENT AS ARE REQUIRED FOR THE ARMY OF THE UNITED STATES FOR ARMING ALL OF THE ORGANIZED MILITIA IN THE STATES AND TERRITORIES AND THE DISTRICT OF COLUMBIA WITHOUT CHARGING THE COST OR VALUE THEREOF, OR ANY WHICH HAVE BEEN ISSUED SINCE DECEMBER 1, 1901, OR ANY EXPENSE CONNECTED THEREWITH, AGAINST THE ALLOTMENT OF SAID STATE, TERRITORY, OR DISTRICT OF COLUMBIA, OUT OF THE ANNUAL APPROPRIATIONS PROVIDED BY SECTION 1661 OF THE REVISED STATUTES, AS AMENDED, ETC., WITH A PROVISO THAT SAID RIFLES AND CARBINES AND OTHER PROPERTY SHALL REMAIN THE PROPERTY OF THE UNITED STATES, SHALL BE RECEIPTED FOR AND ANNUALLY ACCOUNTED FOR BY THE GOVERNORS OF THE STATES AND TERRITORIES.

SECTION 14 OF THE SAME ACT, 32 STAT. 777, PROVIDED:

THAT WHENEVER IT SHALL APPEAR BY THE REPORT OF INSPECTIONS, WHICH IT SHALL BE THE DUTY OF THE SECRETARY OF WAR TO CAUSE TO BE MADE AT LEAST ONCE IN EACH YEAR BY OFFICERS DETAILED BY HIM FOR THAT PURPOSE, THAT THE ORGANIZED MILITIA OF A STATE OR TERRITORY OR OF THE DISTRICT OF COLUMBIA IS SUFFICIENTLY ARMED, UNIFORMED, AND EQUIPPED FOR ACTIVE DUTY IN THE FIELD, THE SECRETARY OF WAR IS AUTHORIZED, ON THE REQUISITION OF THE GOVERNOR OF SUCH STATE OR TERRITORY, TO PAY TO THE QUARTERMASTER GENERAL THEREOF, OR TO SUCH OTHER OFFICER OF THE MILITIA OF SAID STATE AS THE SAID GOVERNOR MAY DESIGNATE AND APPOINT FOR THE PURPOSE, SO MUCH OF ITS ALLOTMENT OUT OF THE SAID ANNUAL APPROPRIATION UNDER SECTION SIXTEEN HUNDRED AND SIXTY-ONE OF THE REVISED STATUTES AS AMENDED AS SHALL BE NECESSARY FOR THE PAYMENT, SUBSISTENCE, AND TRANSPORTATION OF SUCH PORTION OF SAID ORGANIZED MILITIA AS SHALL ENGAGE IN ACTUAL FIELD OR CAMP SERVICE FOR INSTRUCTION, AND THE OFFICERS AND ENLISTED MEN OF SUCH MILITIA WHILE SO ENGAGED SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION OR TRAVEL ALLOWANCES AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR MAY HEREAFTER BE ENTITLED BY LAW, AND THE OFFICER SO DESIGNATED AND APPOINTED SHALL BE REGARDED AS A DISBURSING OFFICER OF THE UNITED STATES, AND SHALL RENDER HIS ACCOUNTS THROUGH THE WAR DEPARTMENT TO THE PROPER ACCOUNTING OFFICERS OF THE TREASURY FOR SETTLEMENT, AND HE SHALL BE REQUIRED TO GIVE GOOD AND SUFFICIENT BONDS TO THE UNITED STATES, IN SUCH SUMS AS THE SECRETARY OF WAR MAY DIRECT, FAITHFULLY TO ACCOUNT FOR THE SAFEKEEPING AND PAYMENT OF THE PUBLIC MONEYS SO INTRUSTED TO HIM FOR DISBURSEMENT.

THE ACT OF JANUARY 21, 1903, WAS AMENDED IN MANY SUBSTANTIAL PARTICULARS BY THE ACT OF MAY 27, 1908, 35 STAT. 399, ET SEQ., BUT SECTION 14 OF THE ACT OF JANUARY 21, 1903, WAS CONTINUED IN EFFECT WITHOUT CHANGE UNTIL PASSAGE OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, WHEN SUCH STATE- APPOINTED OFFICERS WERE AUTHORIZED TO BE COMPENSATED FROM FUNDS APPROPRIATED BY THE UNITED STATES FOR THE SUPPORT OF THE NATIONAL GUARD.

PERTINENT PROVISIONS OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, ARE AS FOLLOWS:

SECTION 67, IN PART, 39 STATE. 199:

A SUM OF MONEY SHALL HEREAFTER BE APPROPRIATED ANNUALLY, TO BE PAID OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SUPPORT OF THE NATIONAL GUARD, INCLUDING THE EXPENSE OF PROVIDING ARMS, ORDNANCE STORES, QUARTERMASTER STORES, AND CAMP EQUIPAGE, AND ALL OTHER MILITARY SUPPLIES FOR ISSUE TO THE NATIONAL GUARD, AND SUCH OTHER EXPENSES PERTAINING TO SAID GUARD AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW.

SECTION 83, 39 STAT. 203, 204:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO PROCURE, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BY PURCHASE OR MANUFACTURE, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS MADE BY CONGRESS, AND TO ISSUE FROM TIME TO TIME TO THE NATIONAL GUARD, UPON REQUISITION OF THE GOVERNORS OF THE SEVERAL STATES AND TERRITORIES OR THE COMMANDING GENERAL OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, SUCH NUMBER OF UNITED STATES SERVICE ARMS, WITH ALL ACCESSORIES, FIELD-ARTILLERY MATERIEL, ENGINEER, COAST ARTILLERY, SIGNAL, AND SANITARY MATERIEL, ACCOUTERMENTS, FIELD UNIFORMS, CLOTHING, EQUIPAGE, PUBLICATIONS, AND MILITARY STORES OF ALL KINDS, INCLUDING PUBLIC ANIMALS, AS ARE NECESSARY TO ARM, UNIFORM, AND EQUIP FOR FIELD SERVICE THE NATIONAL GUARD IN THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA:PROVIDED, THAT AS A CONDITION PRECEDENT TO THE ISSUE OF ANY PROPERTY AS PROVIDED FOR BY THIS ACT, THE STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA DESIRING SUCH ISSUE SHALL MAKE ADEQUATE PROVISION, TO THE SATISFACTION OF THE SECRETARY OF WAR, FOR THE PROTECTION AND CARE OF SUCH PROPERTY: PROVIDED FURTHER, THAT, WHENEVER IT SHALL BE SHOWN TO THE SATISFACTION OF THE SECRETARY OF WAR THAT THE NATIONAL GUARD OF ANY STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA, IS PROPERLY ORGANIZED, ARMED, AND EQUIPPED FOR FIELD SERVICE, FUNDS ALLOTTED TO THAT STATE, TERRITORY, OR DISTRICT FOR THE SUPPORT OF ITS NATIONAL GUARD MAY BE USED FOR THE PURCHASE, FROM THE WAR DEPARTMENT, OF ANY ARTICLE ISSUED BY ANY OF THE SUPPLY DEPARTMENTS OF THE ARMY.

SECTION 87, AS AMENDED, 43 STAT. 1077, 1078:

ALL MILITARY PROPERTY ISSUED TO THE NATIONAL GUARD AS HEREIN PROVIDED SHALL REMAIN THE PROPERTY OF THE UNITED STATES. WHENEVER ANY SUCH PROPERTY ISSUED TO THE NATIONAL GUARD IN ANY STATE OR TERRITORY OR THE DISTRICT OF COLUMBIA SHALL HAVE BEEN LOST, DAMAGED, OR DESTROYED, OR BECOME UNSERVICEABLE OR UNSUITABLE BY USE IN SERVICE OR FROM ANY OTHER CAUSE, IT SHALL BE EXAMINED BY A DISINTERESTED SURVEYING OFFICER OF THE REGULAR ARMY OR THE NATIONAL GUARD, DETAILED BY THE SECRETARY OF WAR, AND THE REPORT OF SUCH SURVEYING OFFICER SHALL BE FORWARDED TO THE SECRETARY OF WAR, OR TO SUCH OFFICER AS HE SHALL DESIGNATE TO RECEIVE SUCH REPORTS; AND IF IT SHALL APPEAR TO THE SECRETARY OF WAR FROM THE RECORD OF SURVEY THAT THE PROPERTY WAS LOST, DAMAGED, OR DESTROYED THROUGH UNAVOIDABLE CAUSES, HE IS HEREBY AUTHORIZED TO RELIEVE THE STATE OR TERRITORY OR THE DISTRICT OF COLUMBIA FROM FURTHER ACCOUNTABILITY THEREFOR. IF IT SHALL APPEAR THAT THE LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY WAS DUE TO CARELESSNESS OR NEGLECT, OR THAT ITS LOSS, DAMAGE, OR DESTRUCTION COULD HAVE BEEN AVOIDED BY THE EXERCISE OF REASONABLE CARE, THE MONEY VALUE OF SUCH PROPERTY SHALL BE CHARGED TO THE ACCOUNTABLE STATE, TERRITORY, OR DISTRICT OF COLUMBIA TO BE PAID FROM STATE, TERRITORY, OR DISTRICT FUNDS, OR ANY FUNDS OTHER THAN FEDERAL. IF THE ARTICLES SO SURVEYED ARE FOUND TO BE UNSERVICEABLE OR UNSUITABLE, THE SECRETARY OF WAR SHALL DIRECT WHAT DISPOSITION BY SALE OR OTHERWISE SHALL BE MADE OF THEM; AND IF SOLD, THE PROCEEDS OF SUCH SALE, AS WELL AS STOPPAGES AGAINST OFFICERS AND ENLISTED MEN, AND THE NET PROCEEDS OF COLLECTIONS MADE FROM ANY PERSON OR FROM ANY STATE, TERRITORY, OR DISTRICT TO REIMBURSE THE GOVERNMENT FOR THE LOSS, DAMAGE, OR DESTRUCTION OF ANY PROPERTY, SHALL BE DEPOSITED IN THE TREASURY OF THE UNITED STATES AS A CREDIT TO SAID STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA, ACCOUNTABLE FOR SAID PROPERTY, AND SHALL REMAIN AVAILABLE THROUGHOUT THE THEN CURRENT FISCAL YEAR AND THROUGHOUT THE FISCAL YEAR FOLLOWING THAT IN WHICH THE SALES, STOPPAGES, AND COLLECTIONS WERE EFFECTED, FOR THE PURPOSES PROVIDED FOR IN THAT PORTION OF ITS ALLOTMENT SET ASIDE FOR THE PURCHASE OF SIMILAR SUPPLIES, STORES, OR MATERIAL OF WAR: PROVIDED, THAT IF ANY STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA SHALL NEGLECT OR REFUSE TO PAY, OR TO CAUSE TO BE PAID, THE MONEY EQUIVALENT OF ANY LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY CHARGED AGAINST SUCH STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA BY THE SECRETARY OF WAR AFTER SURVEY BY A DISINTERESTED OFFICER APPOINTED AS HEREINBEFORE PROVIDED, THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO DEBAR SUCH STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA FROM FURTHER PARTICIPATION IN ANY AND ALL APPROPRIATIONS FOR THE NATIONAL GUARD UNTIL SUCH PAYMENT SHALL HAVE BEEN MADE: PROVIDED FURTHER, THAT PROPERTY ISSUED TO THE NATIONAL GUARD AND WHICH HAS BECOME UNSERVICEABLE THROUGH FAIR WEAR AND TEAR IN SERVICE MAY, AFTER INSPECTION THEREOF AND FINDING TO THAT EFFECT MADE BY AN OFFICER OF THE REGULAR ARMY DESIGNATED BY THE SECRETARY OF WAR, BE SOLD OR OTHERWISE DISPOSED OF, AND THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA ACCOUNTABLE SHALL BE RELIEVED FROM FURTHER ACCOUNTABILITY THEREFOR; SUCH INSPECTION, AND SALE OR OTHER DISPOSITION, TO BE MADE UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, AND TO CONSTITUTE AS TO SUCH PROPERTY A DISCRETIONAL SUBSTITUTE FOR THE EXAMINATION, REPORT, AND DISPOSITION PROVIDED FOR ELSEWHERE IN THIS SECTION.

WITH RESPECT TO PROPERTY AND DISBURSING OFFICERS, SECTION 67 OF THE ACT OF JUNE 3, 1916, 39 STAT. 199, 200, TITLE 32, U.S. CODE, SECTION 49, PROVIDES:

THE GOVERNOR OF EACH STATE AND TERRITORY AND THE COMMANDING GENERAL OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA SHALL APPOINT, DESIGNATE, OR DETAIL, SUBJECT TO THE APPROVAL OF THE SECRETARY OF WAR, AN OFFICER OF THE NATIONAL GUARD OF THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA WHO SHALL BE REGARDED AS PROPERTY AND DISBURSING OFFICER FOR THE UNITED STATES. HE SHALL RECEIPT AND ACCOUNT FOR ALL FUNDS AND PROPERTY BELONGING TO THE UNITED STATES IN POSSESSION OF THE NATIONAL GUARD OF HIS STATE, TERRITORY, OR DISTRICT, AND SHALL MAKE SUCH RETURNS AND REPORTS CONCERNING THE SAME AS MAY BE REQUIRED BY THE SECRETARY OF WAR. THE SECRETARY OF WAR IS AUTHORIZED, ON THE REQUISITION OF THE GOVERNOR OF A STATE OR TERRITORY OR THE COMMANDING GENERAL OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, TO PAY TO THE PROPERTY AND DISBURSING OFFICER THEREOF SO MUCH OF ITS ALLOTMENT OUT OF THE ANNUAL APPROPRIATION FOR THE SUPPORT OF THE NATIONAL GUARD AS SHALL, IN THE JUDGMENT OF THE SECRETARY OF WAR, BE NECESSARY FOR THE PURPOSES ENUMERATED THEREIN. HE SHALL RENDER, THROUGH THE WAR DEPARTMENT, SUCH ACCOUNTS OF FEDERAL FUNDS INTRUSTED TO HIM FOR DISBURSEMENT AS MAY BE REQUIRED BY THE TREASURY DEPARTMENT. BEFORE ENTERING UPON THE PERFORMANCE OF HIS DUTIES AS PROPERTY AND DISBURSING OFFICER HE SHALL BE REQUIRED TO GIVE GOOD AND SUFFICIENT BOND TO THE UNITED STATES, THE AMOUNT THEREOF TO BE DETERMINED BY THE SECRETARY OF WAR, FOR THE FAITHFUL PERFORMANCE OF HIS DUTIES AND FOR THE SAFEKEEPING AND PROPER DISPOSITION OF THE FEDERAL PROPERTY AND FUNDS INTRUSTED TO HIS CARE. HE SHALL, AFTER HAVING QUALIFIED AS PROPERTY AND DISBURSING OFFICER, RECEIVE PAY FOR HIS SERVICES AT A RATE TO BE FIXED BY THE SECRETARY OF WAR, AND SUCH COMPENSATION SHALL BE A CHARGE AGAINST THE WHOLE SUM ANNUALLY APPROPRIATED FOR THE SUPPORT OF THE NATIONAL GUARD: PROVIDED, THAT WHEN TRAVELING IN THE PERFORMANCE OF HIS OFFICIAL DUTIES UNDER ORDERS ISSUED BY THE PROPER AUTHORITIES HE SHALL BE REIMBURSED FOR HIS ACTUAL NECESSARY TRAVELING EXPENSES, THE SUM TO BE MADE A CHARGE AGAINST THE ALLOTMENT OF THE STATE, TERRITORY, OR DISTRICT OF COLUMBIA: PROVIDED FURTHER, THAT THE SECRETARY OF WAR SHALL CAUSE AN INSPECTION OF THE ACCOUNTS AND RECORDS OF THE PROPERTY AND DISBURSING OFFICER TO BE MADE BY AN INSPECTOR GENERAL OF THE ARMY AT LEAST ONCE EACH YEAR: AND PROVIDED FURTHER, THAT THE SECRETARY OF WAR IS EMPOWERED TO MAKE ALL RULES AND REGULATIONS NECESSARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.

WHILE APPOINTMENT OF A NATIONAL GUARD OFFICER AS PROPERTY AND DISBURSING OFFICER OF THE UNITED STATES BY THE GOVERNOR OF A STATE IS SUBJECT TO THE APPROVAL OF THE SECRETARY OF WAR UNDER THE TERMS OF SECTION 67 OF THE NATIONAL DEFENSE ACT, AND HIS PAY IS DERIVED FROM FUNDS APPROPRIATED BY THE UNITED STATES FOR THE SUPPORT OF THE NATIONAL GUARD, IT APPEARS CLEAR THAT CREATION OF THE POSITION WAS PRIMARILY DESIGNED TO MORE EFFECTIVELY ASSIST THE VARIOUS STATES IN THE PROTECTION OF FEDERAL PROPERTY AND EQUIPMENT, ETC., FURNISHED TO THE STATES FOR THE USE OF ITS NATIONAL GUARD FOR WHICH THE GOVERNORS OR THE STATE QUARTERMASTER OFFICERS PREVIOUSLY HAD BEEN RESPONSIBLE. THE PROPERTY AND DISBURSING OFFICER APPOINTED UNDER SECTION 67 MAY BE REMOVED BY THE GOVERNOR OF THE STATE WHO APPOINTED HIM, WITHOUT APPROVAL OF THE SECRETARY OF WAR, HIS STATUS NOT DIFFERING MATERIALLY FROM THAT OF THE STATE OFFICER APPOINTED UNDER SECTION 14 OF THE ACT OF JANUARY 21, 1903, HIS TITLE OR DESIGNATION UNDER THE PROVISIONS OF SAID SECTION 67 OF THE NATIONAL DEFENSE ACT HAVING NO SIGNIFICANCE.

IN VIEW OF THE HISTORY OF THE MILITIA AND THE NATIONAL GUARD, INCLUDING THE CONSTITUTIONAL RESERVATION IN THE STATES OF THE POWER OF APPOINTING THE OFFICERS THEREOF AND FOR TRAINING AND DISCIPLINING AS PRESCRIBED BY THE CONGRESS, AND THE PRIMARY RESPONSIBILITY OF THE VARIOUS STATES FOR THE CARE AND PROTECTION OF THE UNITED STATES PROPERTY AND EQUIPMENT FURNISHED TO THE STATE NATIONAL GUARD, IT APPEARS REASONABLE THAT THE PROPERTY AND DISBURSING OFFICERS OF THE UNITED STATES APPOINTED BY THE GOVERNORS OF SUCH STATES ARE IN FACT STATE OFFICERS AND NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF SECTION 1 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1161; CONSEQUENTLY, THEY WOULD NOT BE ENTITLED TO ANNUAL LEAVE AS THEREIN PROVIDED UNDER THE EXECUTIVE REGULATIONS ISSUED PURSUANT THERETO. YOUR QUESTION IS ANSWERED ACCORDINGLY.