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B-215037 1 (1984-09-18)

handle is hein.gao/gaobadlxk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . oF THE UNITED STATIES 9.WASHINGTON. D.C. 20540 FILE: B-215037 DATE: September 18, 1984 MATTER OF: Carlton C. Hurley, Jr. DIGEST: A person who was appointed as a captain in the Army National Guard received temporary Federal recognition. Since he performed training duty after the period of tempo- rary Federal recognition had expired under color of authority and without knowledge, either actual or constructive, of the fact that the temporary Federal recognition had expired, he is entitled to retain the pay and allowances received by him in good faith for the service as a de facto officer. A National Guard officer's temporary 6-month Federal recognition expired on June 15, 1982; however, he performed duty during the period June 15, 1982, through November 9, 1982, when he had no Federal recognition. We are asked whether he was entitled to pay after the 6-month authoriza- tion in temporary Federal recognition status had expired and no notification was made to him that he was not to attend regularly scheduled training.1/ We conclude that he is entitled to retain any pay and allowances he received since it appears that he had no indication that his temporary Federal recognition had expired. To be entitled to receive active duty pay and allow- ances or pay for inactive duty training (drill pay) from .Federal funds, a member of the Army National Guard must be federally recognized. See 37 U.S.C. SS 101(6) and (7), 204, 206. To receive Federal recognition, an officer must meet the requirements provided by law and regulations. See 32 U.S.C. SS 305-310. Captain Carlton C. Hurley, Jr. was appointed as an Army nurse in the Louisiana Army National Guard with temporary Federal recognition on December 16, 1981. On June 15, 1982, Captain Hurley's temporary Federal recognition expired in 1/ The Assistant Secretary of the Army (Financial Manage- ment) submitted this request for a decision and it has been assigned control number SS-A-1437 by the Department of Defense Military Pay and Allowance Committee.

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