W. Va. Code R. § 141-74-II

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 141-74-II - Payroll and Personnel Reporting - State Active Duty

2.1 General:

a. Chapter 15 of the West Virginia Code directs that"[members] of the National Guard in active service of the State shall receive the same pay and allowances...as are prescribed for the Armed Forces of the United States: Provided, That no member of the National Guard shall receive base pay of less than seventy-five dollars per day while...in active service of the State." This means members of the West Virginia National Guard receive the same pay and allowances in a State Active Duty status as during federal service, with a minimum base pay of seventy five dollars.

b. West Virginia Military Regulation (WVMR) (Army) 37-27 (Air) 65-1 implements the West Virginia Code relating to pay and allowances for State Active Duty. The Department of Defense Financial Management Regulation determines pay and allowances for members in a State Active Duty Status. State travel rules are used to determine travel pay authorizations.

2.2 Automated Daily Active Duty Personnel Report:

a. The automated daily State Active Duty Personnel Report, which has been provided to Army group and brigade headquarters and Headquarters, West Virginia Air National Guard, will be completed every duty day and forwarded either by e-mail or on 3.5 inch floppy disk to this headquarters, ATTN: WVAR-PA. The report is "user friendly" and prompts the user through the report process. In addition to the data base, the report's products at the Adjutant General's Department level include:

(1) Personnel Strength Reports: These reports are used to track our soldiers' missions and support fund expenditures by FEMA. These reports are used to support FEMA audits for reimbursement.

(2) State Active Duty Orders: State Active Duty orders are generated for each member who enters State Active Duty. Normally these orders are published at the end of the State Active Duty period and will be distributed electronically. There is no requirement to post these orders to individual Military Personnel Records Jackets (MPRJ) for Army personnel. Headquarters, West Virginia Air National Guard is responsible for the publishing of Air Guard orders. State Active Duty orders are used to document technician law enforcement leave. Also, they have been requested by the technician union. Orders are not published until after the period of State Active Duty has ended. State Active Duty orders will be published and distributed by e-mail. State Active Duty orders will not be filed in the ARNG members"'State" file. For Air National Guard (ANG) members, a copy of all state active duty orders will be filed in the State Personnel Record (SPR).

(3) State Active Duty Award Orders:

(a) Army National Guard: State awards will be posted to the DA Form 2-1 by the records custodian. Orders announcing State Active Duty service awards are not required by WVMR 672-5 and will not be published. The records custodian will update SIDPERS awards information by submitting a roster of unit members receiving the award on a DA Form 4187. Remember, these awards may have an impact on the individual's STPA score. Individual awards may be requested from the DCSPER.

(b) Air National Guard: Orders announcing State Active Duty awards will be published by Headquarters, West Virginia Air National Guard as necessary.

(4) Weekly State Active Duty Payroll: The weekly State Active Duty payroll is produced from the daily report.

(5) Travel Reimbursement Claims: The State Active Duty payroll program will not generate travel pay requests or claims. If a unit member has been unable to subsist in a government dining facility he or she may claim subsistence or travel reimbursement by filing a State of West Virginia Travel Expense Account Settlement. Personnel may be entitled to a subsistence allowance depending upon the situation. State of West Virginia Travel Rules for State Active Duty are published in Section V of this regulation.

(6) Government Meals: When determining if a unit member is authorized reimbursement for meals, remember that government meals are just that; government meals. Meals that may be available by way of the a local feeding kitchen not under the control of the West Virginia National Guard are not government meals.

b. Reporting mission and purpose:

(1) When completing the unit's daily personnel report, enter the mission number issued by either the Emergency Operations Center (EOC) or from the headquarters in the "Mission" section of the report. Ensure this is accurate since it is used by Federal Emergency Management Agency (FEMA) for audit purposes.

(2) Purpose for the operation will indicate what activity the operation is in support of. As an example, it may be either "Flood Recovery - March 1997" for units in the field supporting flood recovery operations or "Maintenance for Flood Recovery - March 1997" once we begin equipment maintenance after the recovery operation is completed. The entry for this field will be announced in a State Active Duty Personnel Bulletin.

2.3 Payroll:

a. Specific operating procedures for the personnel report program are issued separately. Contact WVAR-PA for technical support regarding the program.

b. During extended periods of State Active Duty, pay periods are from Wednesday to Tuesday weekly, regardless of the first day of State Active Duty. Final personnel reports will be forwarded the last day of State Active Duty operations. Personnel may expect check payment ten days after the end of the pay period. c. Process for payroll preparation:

(1) Battalion S1 or ANG unit commanders will print a roster listing all unit members ordered to State Active Duty. The roster will include the member's name, rank, PEBD, complete mailing address and marital status, with or without dependents.

(2) Personnel will review the information on the roster and sign it, verifying accuracy. The unit commander will also review and sign the roster, to verify duty status.

(3) Changes to the SIDPERS data base must be submitted without delay to preclude checks being inaccurate or mailed to an incorrect address, since the State Active Duty payroll uses the SIDPERS data base. Air National Guard personnel must insure that the home address reflected in the Advanced Personnel Data System (APDS) is current for check mailing purposes.

(4) The Battalion S1 will complete the daily personnel report using the automated personnel report program and forward the report through command channels to AGD-WV, ATTN: WVAR-PA.

(5) Each headquarters receiving a daily report will consolidate subordinate unit reports and forward the consolidated report through the next headquarters to AGD-WV, ATTN: WVAR-PA.

(6) Reports will be consolidated at AGD-WV and used to generate State Active Duty orders, personnel reports and the payroll.

(7) The payroll will be forwarded to the Governor's Budget Office NLT Thursday each week during extended State Active Duty operations for processing. Normally, the last State Active Duty payroll for a member will be processed upon receipt of the final daily personnel report on which the member appears.

(8) Payroll checks will be mailed from the State of West Virginia Treasury Office to the members' home of record shown in the personnel data base. If SIDPERS/APDS is not kept current pay checks will be mailed to a location other than the members' home of record. The importance of keeping the SIDPERS/APDS data base current cannot be over stated.

(9) Units will be provided a copy of the payroll document submitted to the Governor's Budget Office for payment by AGD-WV. It is the unit commander's responsibility to review the payroll document and ensure its accuracy. Errors detected in pay documents must be submitted to WVAR-PA.

2.4 Basic Allowance for Subsistence:

a. Commanders conducting State Active Duty operations may elect one or any cofribination of methods to provide subsistence. See Section III for subsistence options.

b. Basic Allowances for Subsistence (BAS) is computed in accordance with DOD Pay Manual.

c. Although the commander may utilize any combination of options to provide subsistence, no unit may be provided subsistence by more than one method per meal. As an example, if restaurant charges are authorzied for a unit, then BAS cannot be paid for that day.

d. Individual soldiers who are on duty in a location apart from the unit are entitled to travel expenses to include meals, if a travel order has been issued. See paragraph 2-2.

2.5 Travel Authorization:

a. Personnel performing duty away from the parent unit or detachment for periods greater than 12 hours are considered to be in a travel status.

b. Review State of West Virginia Travel Rules for documentation required and entitlements authorized. See Figure 1, State of West Virginia Travel Authorization. This is a three part State Form that cannot be reproduced locally. The commander of the operation may be the travel authorization authority. For travel involving the STARC Headquarters, the Chief of Staff serves as the travel authorization authority.

c. State of West Virginia Travel Expense Account Settlement voucher for State Active Duty will be submitted to TAG-WV, ATTN.: WVAR-PA for processing within seven working days of the completion of travel. (See Figure 2) 2.6 Lodging : See State of West Virginia Travel Rules.

2.7 Limitations: Limitations for allowances will be announced in State Active Duty Bulletins for each period of State Active Duty.

2.8 Sick or Injured Personnel - State Duty:

a. The primary source for medical support during SD operations is civilian medical facilities. Ail personnel ordered to SD are covered by the West Virginia Worker's Compensation Fund (WC) which is a insurance policy provided by the State that covers all medical bills and disability for SD related injury.

b. Procedures for obtaining civilian medical treatment and/or disability payment for SD related injury are:

(1) Except in an emergency, personnel will request authorization from the unit before seeking civilian medical treatment.

(2) The individual injured or the unit commander's representative will complete ahd sign Section I of WC Form 123 and have the attending physician complete and sign Section II of the same form. All hospitals and doctors' offices should have a supply of WC Form 123 on hand.

(3) The attending physician retains the gold copy.

(4) The commander or his representative signs between Section II and 111 of WC Form 123 acknowledging receipt. The injured individual retains the pink copy for his records to show receipt by the unit.

(5) The unit retains the yellow copy and forwards the white copy of WC Form 123 to TAG-WV, ATTN: WVAR-PA-LOD, as soon as possible.

(6) TAG-WV will complete Section III and fonward to WC.

(7) If disability pay is due and has not been received within 14 days from the date WC Form 123 was acknowledged by the unit commander or his representative, the individual should inform the commander. The unit commander will notify TAG-WV, ATTN.: WAR-PA-LOD by telephone and follow-up letter that disability pay has not been received.

c. Itemized Invoice Form HCFA 1500 or UB92 for Illness or injury incurred in state duty status will be forwarded to TAG-WV, ATTN: WVAR-PA-LOD. LOD will be processed in accordance with paragraph d(4), (5), (6), e and f.

d. Commanders will ensure:

(1) All personnel are aware of their responsibilities outlined above, by including information in Appendix A, NGR 40-501 in the commander's pre-operation briefing.

(2) WC Form 123, Sections I and II are completed expeditiously. If possible, a unit member will accompany the injured individual and initiate the form on the spot to preclude lost time in locating the attending physician.

(3) WC Form 123 is forwarded directly to TAG-WV, ATTN: WVAR-PA-LOD, as soon as possible. Forms should be received in most cases within 48 hours of unit being informed of injury.

(4) DA Forms 2173 (LOD) and 2823 (Sworn Statement) are initiated for any injury requiring civilian medical attention and forwarded through channels to TAG-WV, WVAR-PA-LOD.

(5) If disability payments are due and not received within 14 days, TAG-WV is notified by telephone, with a follow-up letter, ATTN: WVAR-PA-LOD.

(6) The injured/disabled member's progress is monitored and TAG-WV is notified in writing (ATTN: WVAR-PA-LOD) concerning any problems the member may have, if the member is fulfilling his responsibilities, and when the member is no longer disabled and/or eligible for WV paid treatment.

e. Military Medical Treatment. If aid is available from WVNG medical personnel, the commander will ensure that any injury which may require civilian medical attention is documented as required by para d(2), (3) and (4) above.

f. Ambulance Service. Obtain original invoice and attach to AGO Form 60, stating individual's name and unit. Forward to TAG-WV, ATTN: WVAR-PA-LOD.

g. LOD Control Number: A line of duty (LOD) control number must be obtained for all injuries and illnesses resulting from State Active Duty. Just as in federal status, entitlement to medical care and allowances is determined by a line of duty investigation. Simply being in a duty status does not automatically entitle a soldier to medical care, pay and allowances.

2.9 Lost or Stolen State Pay Check:

a. Personnel will provide a Notarized Statement to TAG-WV, WVAR-PA-0 in all instances regarding a lost or stolen check.

b. Minimum information required is payee SSN, date of check and amount If available and circumstances involving the loss.

c. VWAR-PA-O will notify the Governor's Office of the loss and request that a new check be issued to the individual(s) concerned.

W. Va. Code R. § 141-74-II