B-116781, MAY 12, 1954, 33 COMP. GEN. 547

B-116781, MAY 12, 1954, 33 COMP. GEN. 547

PAY - DRILL - NATIONAL GUARD - MINIMUM PERSONNEL ATTENDANCE REQUIREMENTS PERTINENT NATIONAL GUARD REGULATIONS CONCERNING PAY FOR DRILLS, ETC., DO NOT REQUIRE THE PRESENCE OF A MINIMUM NUMBER OF PERSONNEL AT A DRILL OR PERIOD OF INSTRUCTION AS A CONDITION PRECEDENT TO PAYMENT OF ARMORY DRILL PAY TO AN ENLISTED MAN ATTENDING SUCH DRILL OR PERIOD OF INSTRUCTION, AND THEREFORE A NATIONAL GUARD ENLISTED MAN WHO ATTENDED DRILLS AT WHICH HE WAS THE ONLY INDIVIDUAL PRESENT MAY BE PAID ARMORY DRILL PAY FOR SUCH DRILLS. 8 COMP. GEN. 373, DISTINGUISHED.

ACTING COMPTROLLER GENERAL WEITZEL TO COLONEL J. E. ALLEN, DEPARTMENT OF THE ARMY, MAY 12, 1954:

BY FIRST ENDORSEMENT DATED AUGUST 24, 1953, THE CHIEF OF FINANCE REFERRED TO THIS OFFICE YOUR LETTER OF AUGUST 5, 1953, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT OF AN ARMORY DRILL PAYROLL OF THE MEDICAL DETACHMENT, 708TH ANTIAIRCRAFT ARTILLERY GUN BATTALION (90MM), PENNSYLVANIA NATIONAL GUARD, FOR THE PERIOD FROM FEBRUARY 22 TO APRIL 30, 1953, WHICH SHOWS THAT ONLY ONE INDIVIDUAL ATTENDED SIX OF THE TEN DRILLS ORDERED FOR THAT PERIOD.

AS INDICATED IN YOUR LETTER, PARAGRAPH 14, NATIONAL GUARD REGULATIONS NO. 45, JULY 14, 1952, STATES THAT ARMORY TRAINING SHALL CONSIST OF "ASSEMBLIES" FOR DRILL AND INSTRUCTION, INCLUDING INDOOR TARGET PRACTICE PRESCRIBED IN SECTION 92 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, AS AMENDED; PARAGRAPH 19 OF SUCH REGULATIONS DEFINES A SINGLE-FORMATION ASSEMBLY AS "A SINGLE DULY ORDERED FORMATION; " AND PARAGRAPH 20 OF THE SAID REGULATIONS DEFINES A SPLIT ASSEMBLY AS "A SERIES OF DULY ORDERED FORMATIONS OF SUBDIVISIONS OR PARTS OF A UNIT.' YOU STATE THAT UNDER SAID REGULATIONS IT WOULD APPEAR THAT THE RIGHT OF AN ENLISTED MAN TO ARMORY DRILL PAY DEPENDS UPON ATTENDANCE AT A "FORMATION," AND THAT IN VIEW OF DECISION DATED JANUARY 19, 1929, 8 COMP. GEN. 373, HOLDING, WITH REGARD TO THE NATIONAL GUARD, THAT THERE CAN BE NO DULY ORDERED FORMATION OF A SINGLE INDIVIDUAL WITHIN THE MEANING OF SECTION 92 OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 363, YOU DOUBT THAT PAYMENT WOULD BE PROPER FOR DRILLS ATTENDED BY ONLY ONE MAN.

IN ADDITION TO THE PROVISIONS OF PARAGRAPH 14, NATIONAL GUARD REGULATIONS NO. 45, WHICH ARE QUOTED IN YOUR LETTER, SUCH PARAGRAPH CONTAINS THE FOLLOWING:

ASSEMBLIES FOR DRILL AND INSTRUCTION, HEREINAFTER REFERRED TO AS "ASSEMBLIES," ARE CONSTRUED AS INCLUDING THE "REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY * * * OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES," AS PRESCRIBED BY THE SECRETARY OF THE ARMY, REFERRED TO IN SECTION 501, CAREER COMPENSATION ACT.

PARAGRAPH 8A, NATIONAL GUARD REGULATIONS NO. 58, SEPTEMBER 3, 1946, PROVIDES THAT EACH ENLISTED MAN BELONGING TO AN ORGANIZATION, AND IN ARMORY DRILL PAY STATUS, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE THIRTIETH OF THE MONTHLY PAY OF HIS GRADE FOR EACH DRILL ORDERED FOR HIS ORGANIZATION WHERE HE IS OFFICIALLY PRESENT IN UNIFORM AND IN WHICH HE PARTICIPATES FOR NOT LESS THAN TWO HOURS, EXCLUSIVE OF RESTS AND INTERRUPTIONS. THE SAID REGULATIONS WERE SUPERSEDED BY NATIONAL GUARD REGULATIONS NO. 58, JULY 22, 1953, WHICH ARE SUBSTANTIALLY THE SAME AS THE SUPERSEDED REGULATIONS BUT A CITATION TO SECTION 501 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 825, IS ADDED AS A SOURCE OF AUTHORITY FOR PAYMENT FOR ARMORY TRAINING, IN ADDITION TO SECTION 92 OF THE NATIONAL DEFENSE ACT.

SECTION 501 (A) OF THE CAREER COMPENSATION ACT, 63 STAT. 825, WHICH BECAME EFFECTIVE ON OCTOBER 1, 1949, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE, AND TO THE EXTENT PROVIDED FOR BY LAW AND BY APPROPRIATIONS, MEMBERS OF THE NATIONAL GUARD * * * SHALL BE ENTITLED TO RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE BASIC PAY AUTHORIZED FOR SUCH MEMBERS OF THE UNIFORMED SERVICES WHEN ENTITLED TO RECEIVE BASIC PAY, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, INCLUDING THOSE PERFORMED ON SUNDAYS AND HOLIDAYS, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED: PROVIDED, THAT FOR EACH OF THE SEVERAL CLASSES OF ORGANIZATIONS PRESCRIBED FOR THE NATIONAL GUARD * * * THE SECRETARY CONCERNED---

(1) SHALL PRESCRIBE MINIMUM STANDARDS WHICH MUST BE MET BEFORE AN ASSEMBLY FOR DRILL OR OTHER EQUIVALENT PERIOD OF TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES MAY BE CREDITED FOR PAY PURPOSES, WHICH MINIMUM STANDARDS MAY REQUIRE THE PRESENCE FOR DUTY OF OFFICERS AND ENLISTED PERSONNEL EQUAL TO OR IN EXCESS OF A MINIMUM NUMBER OR PERCENTAGE OF UNIT STRENGTH FOR A SPECIFIED PERIOD OF TIME WITH PARTICIPATION IN A PRESCRIBED CHARACTER OF TRAINING * * *.

WHILE THE DEFINITIONS OF "ARMORY TRAINING" AND "ASSEMBLIES" HAVE NOT BEEN MATERIALLY CHANGED SINCE THE DECISION OF JANUARY 19, 1929, WAS RENDERED, IMPORTANT CHANGES HAVE BEEN MADE IN THE STATUTORY PROVISIONS AND THE ADMINISTRATIVE REGULATIONS CONCERNING PAY FOR DRILLS, ETC., FOR MEMBERS OF THE RESERVE COMPONENTS OF THE UNIFORMED SERVICES, INCLUDING THE NATIONAL GUARD. SEE 29 COMP. GEN. 223. MOREOVER, IT DOES NOT APPEAR THAT THE PERTINENT REGULATIONS REQUIRE THE PRESENCE OF A MINIMUM NUMBER OF PERSONNEL AT A DRILL OR PERIOD OF INSTRUCTION AS A CONDITION PRECEDENT TO PAYMENT OF ARMORY DRILL PAY TO AN ENLISTED MAN ATTENDING SUCH DRILL OR PERIOD OF INSTRUCTION.

IT IS THE VIEW OF THIS OFFICE THAT THE CURRENT LAW AND REGULATIONS PERTAINING TO THE NATIONAL GUARD CONTEMPLATES THE PAYMENT OF ARMORY DRILL PAY, IF OTHERWISE PROPER, IN CASES SUCH AS THE PRESENT WHERE ONLY ONE INDIVIDUAL IS PRESENT AT AN ASSEMBLY. ACCORDINGLY, PAYMENT ON THE PAYROLL SUBMITTED WITH YOUR LETTER IS AUTHORIZED IF OTHERWISE CORRECT AND SUCH PAYROLL IS RETURNED HEREWITH.