B-122876, JUN. 20, 1955

B-122876, JUN. 20, 1955

TO MR. JOHN C. POLLOCK, JR.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1955, TO HONORABLE EUGENE D. MILLIKIN, UNITED STATES SENATE, IN WHICH YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR TRAINING ASSEMBLY PAY AS FIRST LIEUTENANT, SERIAL NO. 0-062 -441, DURING THE PERIOD APRIL 1, 1950, TO SEPTEMBER 11, 1950, WHILE ATTACHED TO THE 927TH COUNTER INTELLIGENCE CORPS DETACHMENT, ORGANIZED RESERVE CORPS. THERE ALSO HAS BEEN RECEIVED YOUR LETTER OF APRIL 26, 1955, WITH ENCLOSURES.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 15, 1954, FOR THE REASON THAT THE ADMINISTRATIVE OFFICE WAS UNABLE TO FURNISH OFFICIAL RECORDS TO SUBSTANTIATE THE CONTENTION THAT YOU HAD ACTUALLY PERFORMED SCHEDULED DRILLS (TRAINING ASSEMBLIES) IN A PAY STATUS DURING THE PERIOD COVERED BY YOUR CLAIM.

IT APPEARS THAT BY PARAGRAPH 6 OF LETTER ORDER B-10-14, HEADQUARTERS, SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DATED OCTOBER 26, 1949, YOU WERE RELIEVED FROM ASSIGNMENT TO THE NORTHERN CALIFORNIA-NEVADA ADMINISTRATIVE GROUP AND WERE ASSIGNED TO THE 927TH COUNTER INTELLIGENCE CORPS DETACHMENT, OFFICERS RESERVE CORPS, WITH STATION AT OAKLAND, CALIFORNIA, EFFECTIVE NOVEMBER 2, 1949. BY PARAGRAPH 3, SPECIAL ORDER NO. 3, DATED NOVEMBER 16, 1949, OF THE LATTER HEADQUARTERS, SIGNED BY CAPTAIN DAVID E. ALTER, MI-RES, COMMANDING, YOU WERE ASSIGNED TO DUTY AS EXECUTIVE OFFICER OF THAT ORGANIZATION IN ADDITION TO YOUR PRIMARY DUTIES AS INVESTIGATIVE OFFICER (MOS 9302).

IT FURTHER APPEARS THAT YOU WERE PAID FOR ATTENDING TRAINING ASSEMBLIES DURING THE PERIOD JANUARY 1, 1950, THROUGH MARCH 31, 1950, ON PAYROLL VOUCHER NO. 105983 IN THE MAY 1950 ACCOUNTS OF COLONEL A. O. WALSH, F.C. THE CORRECTNESS OF THE SAID PAYROLL WAS CERTIFIED TO BY CAPTAIN DAVID E. ALTER, MI-USAR, UNIT COMMANDER, AND THE RECORD OF ATTENDANCE SHOWN ON THE PAYROLL WAS CERTIFIED TO BY CAPTAIN BRONISLAW E. SITNIK, CAC, UNIT INSTRUCTOR. THE STRENGTH OF THE UNIT WAS CERTIFIED BY HIM TO BE FIVE OFFICERS. IT ALSO APPEARS THAT DURING A PART OF THE PERIOD SUBSEQUENT TO APRIL 1, 1950, THE UNIT WAS NOT AT FULL STRENGTH FOR ATTENDANCE PURPOSES, SEVERAL OF THE OFFICERS OF THE UNIT HAVING BEEN ON ACTIVE FEDERAL SERVICE. THE UNIT WAS INACTIVATED ON NOVEMBER 30, 1950.

IN LETTERS DATED JANUARY 15 AND JUNE 1, 1951, TO THE CHIEF, CALIFORNIA MILITARY DISTRICT, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, YOU STATED YOU HAD NOT RECEIVED PAY FOR ATTENDING, TRAINING ASSEMBLIES DURING THE PERIOD JANUARY 1 TO SEPTEMBER 11, 1950, AND THAT IT WAS YOUR UNDERSTANDING THAT PAY WAS AUTHORIZED FOR THE UNIT FOR TWO MEETINGS A MONTH DURING THAT PERIOD.

ARMY REGULATIONS NO. 140-250, MAY 25, 1950, EFFECTIVE APRIL 1, 1950, PROVIDED, IN PERTINENT PART:

"6. ENTITLEMENT TO PAY.

"B. TRAINING ASSEMBLIES.--- * * *

"/1) (B) WHEN NO ENLISTED PERSONNEL ARE AUTHORIZED, OFFICERS ASSIGNED TO UNITS WHICH ARE AUTHORIZED 48 PAID TRAINING ASSEMBLIES ARE ENTITLED TO PAY FOR ATTENDANCE AT PAID TRAINING ASSEMBLIES OF THE UNIT TO WHICH ASSIGNED WHEN THE OFFICER ATTENDANCE OF THE UNIT IS AT LEAST 60 PERCENT OF THE UNIT'S ASSIGNED OFFICER STRENGTH. AVERAGE ATTENDANCE OF AT LEAST 60 PERCENT FOR A PAYROLL QUARTER MEETS MINIMUM ATTENDANCE REQUIREMENTS FOR ANY DRILL OF THAT QUARTER.

"/2) RESERVISTS ASSIGNED TO UNITS AUTHORIZED LESS THAN 48 PAID TRAINING ASSEMBLIES WILL BE PAID ON AN INDIVIDUAL ATTENDANCE BASIS. PAYMENT IS AUTHORIZED FOR ATTENDANCE AT EACH PAID TRAINING ASSEMBLY OF THE UNIT TO WHICH ASSIGNED.

"D. RESTRICTIONS ON PAYMENT.

"/1) THE COMBINED NUMBER OF TRAINING ASSEMBLIES, PERIODS OF APPROPRIATE DUTY, AND PERIODS OF EQUIVALENT TRAINING FOR WHICH PAY IS AUTHORIZED WILL NOT EXCEED THE TOTAL NUMBER OF TRAINING ASSEMBLIES AUTHORIZED AND SCHEDULED FOR PAY FOR THE MONTH FOR THE UNIT TO WHICH THE RESERVIST IS ASSIGNED.

"/2) SATISFACTORY PERFORMANCE OF DUTY WILL BE EVIDENCED BY DA AGO FORM 1379 (UNIT RECORD OF RESERVE DUTY TRAINING) FOR ATTENDANCE AT TRAINING ASSEMBLIES OF THE UNIT TO WHICH ASSIGNED. FORM 1380 WILL BE USED FOR ATTENDANCE AT TRAINING ASSEMBLIES IN AN ATTACHED STATUS, OR PERFORMANCE OF EQUIVALENT TRAINING, OR APPROPRIATE DUTIES, AND WILL BE ACCOMPLISHED BY THE UNIT COMMANDER OF THE UNIT WITH WHICH SUCH DUTY IS PERFORMED.'

ARMY REGULATIONS NO. 140-5, OCTOBER 27, 1949, PROVIDES FOR THE ASSIGNMENT OF UNIT INSTRUCTORS TO SUPERVISE TRAINING ALL ORGANIZED RESERVE CORPS UNITS, ONE OF WHOSE DUTIES IS TO INITIATE OR CONSOLIDATE REPORTS AND MAINTAIN RECORDS OF ALL TRAINING PARTICIPATED IN BY UNIT/S) AND INDIVIDUALS RECEIVING INSTRUCTIONS UNDER HIS SUPERVISION. PARAGRAPH 4C (1), ARMY REGULATIONS NO. 140-350, FEBRUARY 17, 1950, EFFECTIVE APRIL 1, 1950, PROVIDES THAT CREDIT FOR ATTENDANCE AT A TRAINING ASSEMBLY SHALL NOT BE GIVEN TO ANY INDIVIDUAL UNLESS HE IS PRESENT IN UNIFORM FOR THE ENTIRE PERIOD AND RENDERS SATISFACTORY SERVICE DURING THAT PERIOD.

IT WILL BE SEEN FROM THE REGULATIONS QUOTED ABOVE THAT THE ATTENDANCE AT TRAINING ASSEMBLIES MUST BE CERTIFIED TO BY THE UNIT INSTRUCTOR ASSIGNED TO SUPERVISE THE UNIT. HENCE, IN THE ABSENCE OF OFFICIAL RECORDS SHOWING YOUR ATTENDANCE AT TRAINING ASSEMBLIES AFTER APRIL 1, 1950, AND THAT OTHER REQUIREMENTS WERE MET, YOUR STATEMENT THAT YOU ATTENDED SUCH TRAINING ASSEMBLIES MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOU ARE ENTITLED TO PAY. IT CONSISTENTLY HAS BEEN HELD BY THE ACCOUNTING OFFICERS THAT CLAIMS AGAINST THE UNITED STATES MAY NOT BE ALLOWED UNLESS THEY ARE SUPPORTED BY OFFICIAL RECORDS OR OTHER CORROBORATING EVIDENCE. WHILE IT IS UNFORTUNATE THAT THE ADMINISTRATIVE OFFICE CANNOT FURNISH A RECORD OF YOUR ATTENDANCE AT TRAINING ASSEMBLIES AND A COMPLIANCE WITH OTHER REQUIREMENTS, THE ABSENCE OF CERTIFICATIONS REQUIRED BY APPLICABLE REGULATIONS PRECLUDES US FROM GIVING YOUR CLAIM FAVORABLE CONSIDERATION.

ACCORDINGLY, BASED ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.