B-144672, MAR. 22, 1961

B-144672, MAR. 22, 1961

TO FINANCE AND ACCOUNTING OFFICER, THROUGH CHIEF OF FINANCE, DEPARTMENT OF THE ARMY:

BY THIRD ENDORSEMENT DATED DECEMBER 15, 1960, THE CHIEF OF FINANCE TRANSMITTED HERE YOUR LETTER OF OCTOBER 19, 1960, SUBMITTING SUPPLEMENTAL INACTIVE DUTY TRAINING ARMY RESERVE PAYROLL, WITH SUPPORTING PAPERS, IN THE CASE OF PFC DAVID A. SPRING, BR 15584081, FOR ADVANCE DECISION AS TO WHETHER PAYMENT MAY BE MADE TO HIM FOR INACTIVE TRAINING DUTY ASSEMBLIES ATTENDED FROM JUNE 20, 1959, TO SEPTEMBER 25, 1959. YOUR REQUEST WAS FORWARDED HERE UNDER D.O. NUMBER 546, ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

IT APPEARS THAT PFC SPRING, A MEMBER OF THE COMBAT SUPPORT COMPANY AT COLUMBUS, OHIO, WHO ATTENDS THE OHIO STATE UNIVERSITY AT COLUMBUS, ATTENDED ASSEMBLIES WITH HEADQUARTERS AND HEADQUARTERS BATTERY, 5TH HOWITZER BATTALION, 14TH ARTILLERY, TOLEDO, OHIO, DURING THE PERIOD JUNE 20, 1959, TO SEPTEMBER 25, 1959, AND THAT APPROPRIATE ORDERS FOR HIS ATTACHMENT TO THAT ORGANIZATION HAD NOT BEEN PUBLISHED. IT IS THE CONTENTION OF THE MEMBER THAT A REQUEST WAS SUBMITTED FOR SUCH ORDERS. SEARCH OF THE RECORDS MAINTAINED AT HEADQUARTERS, COMBAT SUPPORT COMPANY, 3D BATTLE GROUP, 2D INFANTRY, FORT HAYES, COLUMBUS, OHIO, FAILED TO REVEAL ANY RECORD OF SUCH A REQUEST BEING RECEIVED. THE UNIT WITH WHICH THE MEMBER ATTENDED ASSEMBLIES HAS INDICATED THAT, WHILE THE RECORDS MAINTAINED AT ITS HEADQUARTERS REVEAL NO SPECIFIC EVIDENCE OF SUBMISSION OF A REQUEST FOR ATTACHMENT ORDERS, THE FOLLOWING NOTATION APPEARS IN PENCIL ON ITS PERSONNEL DATA CARD PERTAINING TO HIM,"R/O SUBMITTED 24 JUN 59.' IT IS STATED IN LETTER DATED MAY 17, 1960, FROM THE COMBAT SUPPORT COMPANY AT COLUMBUS, OHIO, THAT, ALTHOUGH NO ORDERS WERE PUBLISHED PLACING PFC SPRING IN ATTACHED STATUS, THE UNIT WITH WHICH HE ATTENDED UNIT ASSEMBLIES COMPLETED AND FORWARDED TO THE COMBAT SUPPORT COMPANY DA FORM 1380'S FOR ALL ASSEMBLIES HE ATTENDED. SPECIAL ORDERS NO. 96, HEADQUARTERS, XX UNITED STATES ARMY CORPS, FORT HAYES, COLUMBUS, OHIO, DATED MAY 17, 1960, AS AMENDED BY SPECIAL ORDERS NO. 192, DATED OCTOBER 3, 1960, ASSIGNED THE MEMBER DURING THE PERIOD INVOLVED TO THE UNIT WITH WHICH HE ATTENDED ASSEMBLIES PURSUANT TO VERBAL ORDERS STATED TO HAVE BEEN ISSUED BY THE COMMANDING GENERAL ON JUNE 20, 1959.

IT IS WELL SETTLED THAT RETROACTIVE ORDERS GENERALLY ARE WITHOUT EFFECT TO INCREASE OR DECREASE THE VESTED PAY RIGHTS OF GOVERNMENT PERSONNEL. ALSO, IT HAS LONG BEEN THE RULE THAT VERBAL ORDERS MUST BE CONFIRMED WITHIN A REASONABLE TIME IN ORDER TO BE ACCEPTED FOR THE PURPOSE OF PAYMENT OF PAY AND ALLOWANCES. WHILE AN UNUSUALLY LONG PERIOD ELAPSED BETWEEN THE DATE OF THE VERBAL ORDERS AND THE ISSUANCE OF THE CONFIRMING ORDERS, IT IS NOT SHOWN THAT THE MEMBER'S ATTENDANCE AT THE ASSEMBLIES WAS WITH THE UNDERSTANDING THAT HE WOULD SERVE IN A NON-PAY STATUS AND, AS INDICATED ABOVE, IT APPEARS THAT A CONTEMPORANEOUS RECORD WAS MADE SHOWING THE ASSEMBLIES ATTENDED BY THE MEMBER AND FORWARDED TO THE COMBAT SUPPORT COMPANY AT COLUMBUS, OHIO. COMPARE B-131458, JUNE 17, 1957. UNDER THE CIRCUMSTANCES, WHEN THE CONFIRMING ORDERS ARE CONSIDERED IN CONJUNCTION WITH THE NOTATION ON THE MEMBER'S PERSONNEL DATA CARD AND HIS ATTENDANCE AT THE TRAINING ASSEMBLIES BEING EVIDENCED BY DA FORM 1380'S FORWARDED TO THE COMBAT SUPPORT COMPANY AT COLUMBUS, OHIO, IT REASONABLY MAY BE CONSIDERED THAT HE WAS IN RECEIPT OF THE VERBAL ORDERS IN ADVANCE OF THE INACTIVE DUTY TRAINING INVOLVED AND THAT THE ORDERS OF MAY 17, 1960, AS AMENDED, WERE ISSUED FOR THE PURPOSE OF CONFIRMING THE VERBAL ORDERS OF JUNE 20, 1959. ACCORDINGLY, THE MEMBER WAS QUALIFIED FOR PAY FOR THE SCHEDULED ASSEMBLIES ATTENDED AFTER JUNE 20, 1959, AND, IF OTHERWISE CORRECT, YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE SUPPLEMENTAL PAYROLL WHICH, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH.