B-149587, AUG. 16, 1962

B-149587, AUG. 16, 1962

TO CAPTAIN ROBERT H. ERDMANN:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1962, REQUESTING REVIEW OF THE SETTLEMENT DATED JUNE 29, 1962, WHICH DISALLOWED YOUR CLAIM FOR DRILL PAY FOR THE MONTH OF OCTOBER 1961, INCIDENT TO YOUR SERVICE IN THE AIR NATIONAL GUARD.

THE RECORD SHOWS THAT DURING AUGUST 1961 YOU MOVED FROM WASHINGTON, D.C., TO VERMONT AND BY LETTER OF AUGUST 16, 1961, YOU REQUESTED PERMISSION TO PERFORM APPROPRIATE DUTY WITH THE 124TH FIGHTER INTERCEPTOR SQUADRON, VERMONT AIR NATIONAL GUARD, UNTIL THE 121ST TACTICAL FIGHTER SQUADRON, DISTRICT OF COLUMBIA AIR NATIONAL GUARD WAS ORDERED TO ACTIVE DUTY. THIS REQUEST WAS APPROVED AND YOU PERFORMED DUTY DURING AUGUST AND SEPTEMBER 1961 WITH THE VERMONT AIR NATIONAL GUARD FOR WHICH YOU WERE PAID BUT DRILL PAY FOR OCTOBER 1961 WAS NOT AUTHORIZED. THE RECORD FURTHER SHOWS THAT THE 121ST TACTICAL FIGHTER SQUADRON WAS FEDERALIZED ON OCTOBER 1, 1961, AND CALLED TO ACTIVE DUTY, AND FROM THAT DATE THE UNIT NO LONGER CAME UNDER THE JURISDICTION OF THE DISTRICT OF COLUMBIA. IT APPEARS THAT YOU WERE CALLED TO ACTIVE DUTY ON OCTOBER 31, 1961, AND DURING THE PERIOD OCTOBER 1 TO 30, 1961, YOU WERE IN A DELAYED STATUS FORM REPORTING TO ACTIVE DUTY WITH YOUR UNIT. YOUR CLAIM FOR DRILL PAY FOR THE MONTH OF OCTOBER 1961 WAS DISALLOWED BY SETTLEMENT OF JUNE 29, 1962, SINCE THERE WAS NO AUTHORIZATION BY COMPETENT AUTHORITY FOR SUCH DRILLS. IN YOUR CURRENT LETTER YOU APPEAR TO BELIEVE THAT YOU MUST HAVE BEEN A MEMBER OF THE DISTRICT OF COLUMBIA STATE STAFF DURING THE PERIOD INVOLVED IN YOUR CLAIM AND THEREFORE ARE ENTITLED TO DRILL PAY ON SUCH BASIS.

AIR NATIONAL GUARD REGULATION 50-02, DATED JANUARY 31, 1961, ISSUED UNDER THE AUTHORITY OF 32 U.S.C. 502, PROVIDES IN PARAGRAPH 9 AS FOLLOWS:

"9. INDIVIDUALS ATTENDING UNIT TRAINING ASSEMBLIES WITH OTHER THAN ASSIGNED UNIT. A MEMBER OF THE AIR NATIONAL GUARD MAY ATTEND UNIT TRAINING ASSEMBLIES, PERFORM APPROPRIATE DUTY, OR UNDERGO EQUIVALENT TRAINING WITH ORGANIZATIONS OTHER THAN HIS OWN FOR VALID REASONS AND RECEIVE CREDIT FOR SUCH TRAINING WHEN APPROVED BY HIS UNIT COMMANDER, AS PROVIDED BELOW:

"A. A MEMBER MAY TRAIN WITH AN AIR NATIONAL GUARD UNIT LOCATED WITHIN THE SAME STATE PROVIDED BOTH COMMANDERS CONCERNED APPROVE OR MAY TRAIN WITH A UNIT LOCATED IN ANOTHER STATE PROVIDED BOTH THE STATE ADJUTANTS GENERAL AND THE COMMANDERS CONCERNED APPROVE.'

THE AUTHORITY GRANTED YOU TO PERFORM APPROPRIATE DUTY WITH THE VERMONT AIR NATIONAL GUARD WAS ONLY UNTIL THE 121ST TACTICAL FIGHTER SQUADRON WAS ORDERED TO ACTIVE DUTY, AND SINCE THAT SQUADRON WAS ORDERED TO ACTIVE DUTY ON OCTOBER 1, 1961, THAT AUTHORITY TERMINATED ON SEPTEMBER 30, 1961. WHILE YOU MAY HAVE PERFORMED THE TRAINING DUTY IN QUESTION WITH THE VERMONT AIR NATIONAL GUARD IN GOOD FAITH DURING THE MONTH OF OCTOBER 1961, SINCE NO AUTHORITY EXISTED FOR THE PERFORMANCE OF SUCH TRAINING DUTY, PAYMENT MAY NOT BE AUTHORIZED. MOREOVER, NOTHING IN THE RECORD BEFORE US SHOWS YOUR TRANSFER TO THE "STATE STAFF" OF THE DISTRICT OF COLUMBIA AIR NATIONAL GUARD DURING THE PERIOD IN QUESTION. ON THE CONTRARY, IT IS STATED IN THE LETTER DATED NOVEMBER 22, 1961, TO YOU FROM HEADQUARTERS, DISTRICT OF COLUMBIA AIR NATIONAL GUARD, THAT YOUR STATUS DURING OCTOBER 1961 WAS THAT OF AN AIR NATIONAL GUARD OFFICER, NOT ON ACTIVE DUTY, AND NOT ASSIGNED TO AN AIR NATIONAL GUARD UNIT IN ITS STATE STATUS. HENCE, THERE WAS NO AUTHORITY FOR YOU TO PERFORM APPROPRIATE DUTY FOR DRILLS WHICH WERE NOT SCHEDULED. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF JUNE 29, 1962, DISALLOWING YOUR CLAIM, IS SUSTAINED.