B-123028, AUG. 18, 1955

B-123028, AUG. 18, 1955

TO LIEUTENANT COLONEL G. W. BATTS, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

YOUR LETTER OF JANUARY 31, 1955, REQUESTS AN ADVANCE DECISION ON A SUPPLEMENTAL INACTIVE DUTY TRAINING PAYROLL OF 6121ST USAR CONTROL GROUP (MOBILIZATION DESIGNATION) CALIFORNIA DETACHMENT NO. 9, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, FOR THE PERIOD FROM MAY 1, 1954 TO JULY 31, 1954. THE PAYROLL COVERS THE INACTIVE DUTY TRAINING PAY OF FOUR OFFICERS FOR ATTENDANCE AT ASSEMBLIES HELD ON JUNE 2, 9, 16, 23, AND 30, 1954.

IT APPEARS THAT SELECTIVE SERVICE DETACHMENT NO. 9, COMPOSED ONLY OF OFFICERS, WAS AUTHORIZED 48 PAID TRAINING ASSEMBLIES FOR THE FISCAL YEAR 1954, AND THAT THE 48TH ASSEMBLY OF THE DETACHMENT WAS HELD ON MAY 26, 1954. THE OFFICERS NAMED IN THE SUPPLEMENTAL PAYROLL ATTENDED FIVE REGULARLY SCHEDULED ASSEMBLIES OF THE DETACHMENT HELD DURING JUNE 1954, WHICH WERE IN EXCESS OF THE 48 REGULARLY SCHEDULED ASSEMBLIES AUTHORIZED FOR PAY PURPOSES FOR THE DETACHMENT. THESE OFFICERS WERE NOT INDIVIDUALLY PAID FOR 48 TRAINING PERIODS IN THE FISCAL YEAR 1954. YOUR QUESTION IS WHETHER OR NOT SELECTIVE SERVICE (MOBILIZATION DESIGNATION) DETACHMENTS ARE CONSIDERED UNITS AND GOVERNED FOR PAY PURPOSES BY THE PROVISIONS OF PARAGRAPH 6, ARMY REGULATIONS 140-250.

BY SECTION 501 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, 37 U.S.C. 301, PROVISION IS MADE FOR THE COMPENSATION PAYABLE TO MEMBERS OF THE ARMY RESERVE UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES, AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED.

PARAGRAPH 31A, ARMY REGULATIONS 140-305, PROVIDES THAT MOBILIZATION DESIGNEES WILL BE ASSIGNED TO A USAR CONTROL GROUP (MOBILIZATION DESIGNATION) AND MAY BE FORMED INTO MOBILIZATION DESIGNATION DETACHMENTS WHERE SIMILAR TRAINING INTERESTS AND GEOGRAPHICAL DISTRIBUTION OF PERSONNEL PERMIT. PARAGRAPH 32 OF THE SAME REGULATIONS PROVIDES THAT:

"PERSONNEL REFERRED TO IN PARAGRAPH 31A WILL, WHENEVER POSSIBLE, BE FORMED INTO MOBILIZATION DESIGNATION DETACHMENTS SUBJECT TO THE FOLLOWING LIMITATIONS:

"/1) SUCH DETACHMENTS ARE PROVISIONAL ONLY.

"/2) EACH DETACHMENT MUST CONTAIN ONLY THOSE PERSONNEL HAVING SIMILAR INTERESTS FOR TRAINING.

"/3) ORGANIZATION SHOULD BE SUCH AS TO BE RECEPTIVE TO A REALISTIC, PROGRESSIVE TRAINING DIRECTIVE.

"/4) NO ORGANIZATIONAL STRUCTURE IS PRESCRIBED. HOWEVER, A MINIMUM ACTIVE MEMBERSHIP OF 10 PERSONNEL MUST BE MAINTAINED IN ORDER TO JUSTIFY CONTINUED EXISTENCE OF THE DETACHMENT EXCEPT FOR MOBILIZATION DESIGNATION DETACHMENTS (SELECTIVE SERVICE) WHICH MUST HAVE A MINIMUM ACTIVE MEMBERSHIP OF THREE PERSONNEL.

"/5) AREA COMMANDERS WILL DIRECT THAT ORDERS BE PUBLISHED APPOINTING THE SENIOR MEMBER OF EACH MOBILIZATION DESIGNATION DETACHMENT UNDER THEIR CONTROL IS THE OFFICER RESPONSIBLE FOR SUPERVISION OF TRAINING.'

IT IS SHOWN THAT SELECTIVE SERVICE DETACHMENT NO. 9 WAS FORMED UNDER THOSE PROVISIONS OF THE REGULATIONS.

PARAGRAPH 6, ARMY REGULATIONS 140-250, PRESCRIBES THE CONDITIONS UNDER WHICH MEMBERS OF UNITS OF THE ARMY RESERVE ARE ENTITLED TO PAY FOR ATTENDANCE AT TRAINING ASSEMBLIES AND FIXES THE MINIMUM REQUIREMENTS FOR ATTENDANCE OF ENLISTED AND OFFICER STRENGTH OF THE UNITS. WHILE SELECTIVE SERVICE DETACHMENTS ARE PROVISIONAL ONLY AND HAVE NO ORGANIZATIONAL STRUCTURE, NO SUBSTANTIAL BASIS IS PERCEIVED FOR CONCLUDING THAT SUCH DETACHMENTS ARE NOT GOVERNED FOR PAY PURPOSES BY THE PROVISIONS OF PARAGRAPH 6 OF THAT REGULATION THE SAME AS OTHER AUTHORIZED UNITS. MEMBERS OF SELECTIVE SERVICE DETACHMENTS ARE ENTITLED TO PAY ONLY FOR ATTENDING REGULARLY SCHEDULED ASSEMBLIES HELD BY THE DETACHMENT FOR PAY PURPOSES AND NO PROVISION HAS BEEN FOUND FOR THE SCHEDULING OF DRILLS FOR PAY PURPOSES IN EXCESS OF THE MAXIMUM 48 ASSEMBLIES AUTHORIZED FOR THE FISCAL YEAR 1954. THE OFFICERS HERE INVOLVED, FOR SOME REASON NOT SHOWN BY THE RECORD, DID NOT ATTEND 5 OF THE 48 REGULARLY SCHEDULED ASSEMBLIES FOR PAY PURPOSES OF THEIR DETACHMENT, THE LAST OF WHICH WAS HELD ON MAY 26, 1954. IT APPEARS THAT THEY ARE IN EFFECT ATTEMPTING TO MAKE UP FOR THOSE ABSENCES BY ATTENDING 5 ASSEMBLIES IN JUNE 1954, NOT A PART OF THE 48 ASSEMBLIES AUTHORIZED FOR PAY PURPOSES. NO AUTHORITY FOR SUCH A PRACTICE HAS BEEN FOUND. IN THE CIRCUMSTANCES, IT IS CONCLUDED THAT THE OFFICERS WHOSE NAMES APPEAR ON THE VOUCHER ARE NOT ENTITLED TO PAY FOR ATTENDANCE AT ASSEMBLIES HELD IN JUNE, 1954.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE SUPPLEMENTAL PAYROLL, WHICH IS RETAINED HERE.