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B-194189 1 (1980-01-07)

handle is hein.gao/gaobadrtn0001 and id is 1 raw text is: ALDGEST L - P THE COMPTROLLER GENERAL c)ECISIor-J 1. ., :'. - OF THE UNITED STATES V/_' ~ WASH NGTON, D.C. 20546 FILE: B-194189 MATTER OF: Major General DATE: January 7, 1980 DCANG DIGEST: I. A National Guard member may not be placed in a duty status in the absence of advance written or verbal orders, nor may he issue such orders to himself. Hence, an Air National Guard officer who stated that he planned to perform military duty on October 20, 1978, may not be regarded as being in a duty status at the time of his death on that date where no advance orders authorizing the performance of such duty had been issued. 2. A National Guard officer who stated he planned to perform military duty on the day he died, but who had not been ordered in advance to perform such duty, may not properly be placed in a duty status retroactively after his death, notwith- standing that on other occasions he had received credit for military duty per- formed without advance authorization, since the regulations requiring advance orders'may not be disregarded as a matter of routine, and retroactive orders are permissible only to correct an apparent error or to confirm previously issued verbal orders. The issue in this case is whether the beneficiaries of Major General , DCANG, , are entitled to death benefits in connection with his death on October 20, 1978. We have concluded that such benefits are not payable for the reason that General was not in a duty status with the Air National Guard at the time of his death. The issue was presented by letter dated February 16, 1979, from Major General La Vern E. Weber, Chief of the National Guard Bureau, questioning the status of General , who was a member of the District of

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