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B-189360 1 (1977-12-30)

handle is hein.gao/gaobadizx0001 and id is 1 raw text is: 



                 L'          THE COMPTROLLER GENERAL 1013
  DECISION                   OF THE UNITED         STATES
                             WA8HINGTON. D.C. 20548

          B -1B93 60

  FILE:                            DATE: DEC 3 0 1977
                 Mast:r Sergeant Edward 0. King, NYANG
  MATTER OF:

              Payments of disability pay and allowances must
  DIGEST:    be disapproved in the case of an Air National
             Guard member injured while en route to attend a
             unit training assembly, notwithstanding that when
             injured he was traveling in uniform directly to
             the assembly location during a portion of the
             scheduled training period from which ha had been
             excused, since he had not yet reported for duty
             and the statute authorizing disability pay for mem-
             bers injured while employed in inactive duty par-
             formance does not cover members who are travel-
             ing to duty locations. 37 U. S. C. 204(h) (1970).

   This action is in response to a letter dated August 16, 1977, with
nclosures, from Lieutmnant Colonel F-tar W. Kraska, U&IF, Chief,
Accounting and Finance Division, Directorate of Resource Management,
United States Air Force Accounting and Financa Center. D.mnvr,
Colorado, raquesting an advance dacision as to the propriety of making
payment on a voucher in the gross amon LL405.87 to Master
.3 -rge-ant &dward 0. King. NYANG.            representing dis-
ability pay and allowances for the period December 12, 1976. through
April 4, 1977, as a result of injuries he sustained while !n route to
attend a ragularly scheduled inactive duty training assembly of his
SNw York Air National Guard (ANG) unit. The request was forwarded
to this Office by the Assistant Director of Accounting and Finance,
BHeadquartars United States Air Force, by letter datad October 5, 1977
(AF/ACF), and has been assigned Control No. DO-AF-1274 by the
Department of Defense Military Pay and Allowances Committee.

    The primary issue in this case is wheth.r Sergeant K ing was
 employed in ANG training at the time he was injured.

    It is indicated that Sergeant King. a member of the 152nd Tactical
Air Control Center S uadron. New York ANG, was mnder written
orders to attend multiple unit training ass emblies at the Roslyn ANC
station, Roslyn. New York, on th! weekend of December 11 and 12.
197 6. bt ween the hours of 8 a.m. and 4:30 p.m. each day. On
Saturday, December 11, he. was required to remain at the ANG station
until 10 p.m. to perform additional duty, however, and was dis-
miss:3d at that time with orders to report back not later than 10 a.m.

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