B-131458, JUN. 17, 1957

B-131458, JUN. 17, 1957

TO FIRST LIEUTENANT G. E. EMIRCK, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

THE CHIEF OF FINANCE HAS FORWARDED HERE YOUR LETTER OF MARCH 20, 1957, SUBMITTING SUPPLEMENTAL PAYROLL WITH SUPPORTING PAPERS OF 331ST MEDICAL COMPANY, COVERING THE PERIOD FROM MAY 1, 1955, TO JULY 31, 1955, FOR ADVANCE DECISION WHETHER PAYMENT MAY BE MADE TO CORPORAL NORDAHL C. MONOHAN, ER 55 157 298, FOR SEVEN INACTIVE DUTY ASSEMBLIES ALLEGED TO HAVE BEEN ATTENDED BY HIM DURING THAT PERIOD.

YOU RELATE, AND COPIES OF ORDERS SUBMITTED SHOW, THAT THE CLAIMANT WAS ASSIGNED TO THE ORGANIZATION WITH AN EFFECTIVE DATE OF CHANGE OF STATION ACCOUNTABILITY OF JUNE 1, 1955, BY VERBAL ORDERS CONFIRMED BY PARAGRAPH 47, SPECIAL ORDERS NO. 123, HEADQUARTERS OHIO MILITARY DISTRICT, DATED JUNE 24, 1955; THAT BY PARAGRAPH 92, SPECIAL ORDERS NO. 131, DATED JULY 7, 1955, SAME HEADQUARTERS, THE EFFECTIVE DATE OF CHANGE OF STATION ACCOUNTABILITY--- DUE TO ADMINISTRATIVE ERROR--- WAS CHANGED TO JULY 21, 1955; AND THAT PARAGRAPH 36, SPECIAL ORDERS NO. 23, HEADQUARTERS, U.S. ARMY MILITARY DISTRICT, OHIO, DATED FEBRUARY 1, 1957, REVOKED PARAGRAPH 92, SPECIAL ORDERS NO. 131,"FOR RECORD PURPOSES ONLY," AND PARAGRAPH 37, SAME ORDERS, AMENDED THE EFFECTIVE DATE OF CHANGE OF STATION ACCOUNTABILITY TO MAY 26, 1955,"FOR RECORD PURPOSES ONLY.' THE UNIT COMMANDER FAILED TO SHOW CORPORAL MONOHAN AS BEING ASSIGNED OR ATTACHED ON DA FORM 1379--- THE CONTEMPORANEOUS RECORD OF DUTY PERFORMED. YOU STATE THAT BECAUSE OF THAT FAILURE THERE ARE NO RECORDS TO VERIFY CORPORAL MONOHAN'S ATTENDANCE AT THE TRAINING ASSEMBLIES FOR WHICH PAY IS CLAIMED. ALSO, IT IS REPORTED THAT THE SUBMITTED DA FORMS 1380, PREPARED IN JANUARY 1957 AND SUBMITTED TO SUPPORT THE SUPPLEMENTAL PAYROLL COVERING THE DUTY ALLEGEDLY PERFORMED IN 1955, ARE BASED ONLY ON A CERTIFICATE SIGNED BY THE FORMER COMMANDER OF THE UNIT INVOLVED. SUCH CERTIFICATE DID NOT ACCOMPANY YOUR REQUEST FOR DECISION.

YOU REFER TO OUR DECISION DATED AUGUST 21, 1950, B-95786, AND, IN VIEW THEREOF, YOU REQUEST ANSWERS TO THE FOLLOWING QUESTIONS:

"A. IF AN INDIVIDUAL ATTENDS TRAINING ASSEMBLIES AWAITING ASSIGNMENT ORDERS AND IS NOT LISTED ON THE UNIT DA FORM 1379 OR ORIGINAL PAYROLL, CAN THE DA FORM 1379 BE CORRECTED AT A LATER DATE (AFTER VOCO ASSIGNMENT ORDERS ARE PUBLISHED) AND SUBMITTED WITH A SUPPLEMENTAL PAYROLL TO ENABLE PAYMENT TO THE INDIVIDUAL?

"B. IN THE EVENT THE ABOVE QUESTION IS ANSWERED IN THE NEGATIVE, CAN DA FORM 1380 BE PREPARED TO ENABLE PAYMENT TO AN INDIVIDUAL WHO WAS NOT LISTED ON THE UNIT DA FORM 1379 EVEN THOUGH THE INDIVIDUAL IS ASSIGNED TO THE UNIT AT A LATER DATE?

AR 140-185, DATED APRIL 15, 1955, PROVIDES:

"3. PURPOSE. A. THE PURPOSE OF UNIT RECORD OF INACTIVE DUTY TRAINING, DA FORM 1379 (FIG. 1), IS TO PROVIDE A RECORD OF AUTHORIZED ATTENDANCE OF A RESERVIST AT A UNIT ASSEMBLY OR DRILL. FROM THIS RECORD, SERVICE IS CREDITED FOR BOTH RETIREMENT POINTS AND FOR RETENTION POINTS IN AN ACTIVE STATUS. IN ADDITION, IT IS USED AS A SOURCE FOR PREPARATION AND SUPPORT OF DATA ENTERED ON DD FORM 10, DD FORM 10A, AND DD FORM 10B (PAY ROLL--- INACTIVE DUTY TRAINING).

"5. RECORDING OF ATTENDANCE OF RESERVISTS OF DA FORM 1379. ATTENDANCE OF RESERVISTS AT AN AUTHORIZED TRAINING ASSEMBLY OR DRILL PERIOD WILL BE RECORDED ON ALL COPIES OF FORM 1379 BY INSERTING THE LETTER "P" FOR "PRESENT" AND THE LETTER "A" FOR "ABSENT.' THE FORM WILL RECORD DRILLS OR ASSEMBLIES ON A MONTHLY BASIS. NAMES OF PERSONNEL NOT SHOWN ON FORM 1379 WILL BE ADDED TO FORM 1379 SHOWING DATE OF ASSIGNMENT AND UNIT FROM WHICH TRANSFERRED. ATTACHED PERSONNEL WILL BE LISTED IN THE SAME ORDER AFTER THE LISTING OF ASSIGNED PERSONNEL AND SUBHEADED "ATTACHED FROM OTHER ORGANIZATIONS.' * * *

"8. PURPOSE. A. THE PURPOSE OF THE CERTIFICATE OF INDIVIDUAL PERFORMANCE OF INACTIVE DUTY TRAINING (DA FORM 1380) (FIG. 2), IS TO FURNISH THE CUSTODIAN OF THE RESERVIST'S RECORDS AND THE ARMY AREA MACHINE RECORDS UNIT WITH A REPORT OF---

(1) AUTHORIZED ATTENDANCE IN AN ATTACHED STATUS AT UNIT TRAINING ASSEMBLIES OR DRILLS. IN THIS CASE THE NECESSARY INFORMATION WILL BE EXTRACTED BY THE REPORTING ORGANIZATION FROM THE"ATTACHED FROM OTHER ORGANIZATION" SECTION OF DA FORM 1379.

(2) AUTHORIZED PERFORMANCE OF INACTIVE DUTY TRAINING OTHER THAN ATTENDANCE AT TRAINING ASSEMBLIES OR DRILLS. SEE SECTION IV, AR 140 305.

"B. WHEN ANY OF THE TRAINING OR DUTIES COVERED IN A (1) OR (2) ABOVE, ARE AUTHORIZED FOR PAY, FORM 1380 WILL BE THE SOURCE DOCUMENT FROM WHICH DATA WILL BE ENTERED ON DD FORM 10, DD FORM 10A, AND DD FORM 10B. * * *"

IN VIEW OF THE FACTS REPORTED IN YOUR SUBMISSION, IT WOULD APPEAR THAT NO CONTEMPORANEOUS RECORD WAS MADE WHICH WOULD SHOW THE ASSEMBLIES, IF ANY, ATTENDED BY CORPORAL MONOHAN. IT IS INDICATED THAT HIS NAME WAS NOT INCLUDED ON THE ORIGINAL DA FORM 1379OR THE ORIGINAL PAYROLL. THE SUPPLEMENTAL PAYROLL CONTAINS ENTRIES SHOWING THAT HE ATTENDED TRAINING ASSEMBLIES ON MAY 26; JUNE 2, 9, 16, AND 23; AND JULY 21 AND 28, 1955, AND THAT HE WAS NOT PAID ON THE PRIOR PAYROLL, VOUCHER NO. 2567, NOVEMBER 1955 ACCOUNTS OF CAPTAIN W. G. APPELWHITE, F.C., "BECAUSE AMENDMENT OF ORDERS WAS NOT RECEIVED UNTIL THIS DATE.' WHEN THAT STATEMENT WAS WRITTEN IS NOT CLEAR. ALSO THERE IS NO INDICATION AS TO WHY THE FACT OF ATTENDANCE AT ASSEMBLIES WAS NOT RECORDED IRRESPECTIVE OF RECEIPT OF ORDERS.

THE ABOVE-QUOTED ARMY REGULATIONS REGARDING DA FORMS 1379 AND 1380 ARE SIMILAR IN MANY RESPECTS TO NATIONAL GUARD REGULATIONS APPLICABLE TO NGB FORM 100 AND IT CONSISTENTLY HAS BEEN HELD, WITH RESPECT TO NATIONAL GUARD PERSONNEL, THAT PAYMENT ON A SUPPLEMENTAL ROLL CONTAINING DATA NOT SHOWN TO BE BASED ON A CONTEMPORANEOUS RECORD OF TRAINING, AND WHICH WAS NOT SUPPORTED BY REMARKS ON THE ORIGINAL ROLL, MAY NOT BE MADE. SEE 14 COMP. GEN. 808, 29 COMP. GEN. 223, AND B 95786, DATED AUGUST 21, 1950. PERCEIVE NO BASIS FOR REACHING A DIFFERENT CONCLUSION WITH RESPECT TO PAYMENT ON A SUPPLEMENTAL PAYROLL COVERING TRAINING ASSEMBLIES OF A RESERVE ORGANIZATION WHERE THE DATA SHOWN ON THAT PAYROLL IS INCONSISTENT WITH OR CONTRARY TO THE FACTS SHOWN ON THE ORIGINAL PAYROLL WHICH IS BASED ON THE RECORD OF DUTY MADE AT THE TIME THE DUTY IS PERFORMED. ACCORDINGLY, YOUR QUESTIONS ARE BOTH ANSWERED IN THE NEGATIVE AND YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE SUPPLEMENTAL PAYROLL WHICH, TOGETHER WITH SUPPORTING PAPERS, IS BEING RETAINED HERE.