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B-204068 1 (1982-04-06)

handle is hein.gao/gaobadkfd0001 and id is 1 raw text is: 


DECISION


THUcc PIrM LLWM rNIMRAL.
O OP THU UNITED ITATPI
WAUHINUTON, 0 3,05045


FiLE: B-20468
MATTER OF:


DIGEST;


DATE;


April 6, 1982


frivate Dewey Scalf -- Entitlement to
inactive duty training pay


Army Reserve member awaitin9 assignment to
initial active duty for training attended 22
training assemblies after termination of 180-
day period following his enlistment,  The
member's claim for training pay may not be
allowed uince Army Regulation 140-1 provides
that a nonprior service member is not eligible
for inactive duty training pay (drill pay) tor
assemblies attended after the expiration of
180 days while awaiting initial active duty
for training.


       May a Reserve member awaiting initial active duty for
  traini;ag be paid inactive duty fnr training pay for training
  assemblies attended after 180 days had passed since his
. enlistment?
       This questior was askd in a letter dated June 24,
  1981, with enclosures, from the Finance and Accounting
  Officer, United States Army Garrison, Fort Indiantown
  Gap, Anoville, Pennsylvania 17003. The answer is no since
  the regulations precludirg the payment were promulgated
  pursuant to statute and have the force and effect of law
  and therefore may not be waived without specific statutory
  authority. The request was approved by the Department
  of 'defense Military Pay and Allowance Committee and
  assigned submission number DO-A-1139. It was forwarded
  here by endorsement dated July 16, 1981, from the Office
  of the Comptroller of the Army.
       Private Dewey ScalE enlisted in the Army Reserves on
  July 7, 1978. At that time, he was ordered to active duty
  for training and was assigned a certain training/pay status
  in accordance with applicable regulations. He sustained
  an injury in August 1978 which delayed his assignment to
  his initial active duty for training. During the period
  he was waiting (-o physically qualify for this training
  period, lie attended a total of 42 scheduled training
  assemblies during the period August 12, 1978, to June 10,
  1979.


. .. .*4 . ... . -S-t. 04.-0

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