A-3551, FEB 10, 1933

A-3551, FEB 10, 1933

PRECIS-UNAVAILABLE

THE SECRETARY OF THE NAVY.

THERE HAVE BEEN RECEIVED BY YOUR INDORSEMENTS OF JANUARY 12, 1933, LETTERS FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS DATED JANUARY 5, 1933, REQUESTING DECISION WHETHER CHECKS OF RETIRED ENLISTED MEN AND TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE RESIDING IN SAMOA AND HAWAII, MAY BE FORWARDED TO THE GOVERNOR OF SAMOA AND TO THE COMMANDANT OF THE 14TH NAVAL DISTRICT, RESPECTIVELY, FOR DELIVERY TO THE PAYEES AFTER RECEIPT OF REPORTS OF THEIR CONTINUED EXISTENCE; ALSO, WHETHER CHECKS OF MEN RESIDING IN TAINGUIO, CHINA, AND IN FOREIGN COUNTRIES GENERALLY MAY BE TRANSMITTED TO THE AMERICAN CONSUL OF THE CONSULAR DISTRICT IN WHICH SAID PAYEES RESIDE, UNDER CONDITIONS SET FORTH IN DECISION OF THIS OFFICE DATED JUNE 29, 1931, A-3551.

AS TO THE MEN RESIDING IN SAMOA AND HAWAII, THIS OFFICE INTERPOSES NO OBJECTION TO THE RELEASE OF THEIR CHECKS TO THE GOVERNOR OF SAMOA AND TO THE COMMANDANT OF THE 14TH NAVAL DISTRICT UNDER THE SAME RESTRICTIONS AND SUPPORTED BY THE SAME EVIDENCE AS OUTLINED IN THE CITED DECISION OF JUNE 29, 1931.

WHILE THIS OFFICE HERETOFORE HAS OFFERED NO OBJECTION TO THE RELEASING OF CHECKS OF CERTAIN RETIRED ENLISTED MEN AND TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE RESIDING OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, TO RESPONSIBLE OFFICERS OF THE UNITED STATES FOR TRANSMISSION BY THESE OFFICERS TO THE PAYEES AFTER RECEIVING CERTIFICATES FROM THE PAYEES EXECUTED ON THE LAST DAY OF THE MONTH OR THEREAFTER, IT WAS NOT CONTEMPLATED NOR INTENDED THAT THOSE EXCEPTIONS SHOULD BE EXTENDED TO EACH AND EVERY PAYEE WHO HAPPENS TO HAVE SELECTED A PLACE OF RESIDENCE IN A FOREIGN COUNTRY. IN THE INSTANCES WHERE EXCEPTIONS HAVE BEEN PERMITTED, IT WAS THE UNDERSTANDING THAT A SUBSTANTIAL NUMBER OF MEN ENTITLED TO RETIRED OR RETAINER PAY RESIDED IN THE VICINITY, DUE TO WHICH FACT, THE MAILING OF CHECKS TO A PARTICULAR AND RESPONSIBLE AGENT OF THE ISSUING OFFICER FOR THEIR COLLECTIVE BENEFIT, WOULD ENTAIL PRACTICALLY NO DIFFICULTIES IN THE EXISTING ACCOUNTING PROCEDURE AND AT THE SAME TIME OFFER THE LEAST POSSIBILITY OF LOSS OR THE NECESSITY OF INSTITUTING LEGAL PROCEEDINGS FOR THE RECOVERY OF IMPROPER PAYMENTS.

WITH RESPECT TO THE ALLEGED HARDSHIPS SUFFERED BY MEN RESIDING IN FOREIGN COUNTRIES GENERALLY, IT WOULD APPEAR THAT THE REQUIREMENT OF THE INITIAL CERTIFICATE MAY HAVE ENTAILED A SLIGHT INCONVENIENCE DUE TO ITS TRANSMISSION TO AND RECEIPT BY THE PAYING OFFICER, AND THEREAFTER MAILING OF THE CHECK TO THE PAYEE, BUT IT WOULD SEEM THAT IF SAID REQUIREMENT HAD BEEN AND IS BEING PROPERLY COMPLIED WITH ON THE LAST DAY OF EACH MONTH, CHECKS SHOULD BE REGULARLY RECEIVED BY THE PAYEES AT MONTHLY INTERVALS, BUT IRRESPECTIVE OF ANY INCOVENIENCE INCIDENT TO THE MAILING OF THE CERTIFICATE, THE PRACTICE OF MAILING CHECKS TO THIRD PERSONS GENERALLY, INCLUDING AMERICAN CONSULS, FOR INDIVIDUALS RESIDING ABROAD IN THEIR CONSULAR DISTRICTS, IS UNSOUND IN THAT IT INCREASES POSSIBILITY OF LOSS AND NO SUBSTANTIAL REASON IS APPARENT WHY THE PROCEDURE SHOULD NOW BE EXTENDED. THESE MEN RECEIVING SUBSTANTIAL BOUNTY FROM THE TREASURY OF THE UNITED STATES, HAVE VOLUNTARILY CHOSEN RESIDENCE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND REASONABLE REGULATIONS FOR THE PURPOSE OF GUARDING AGAINST LOSSES TO THE GOVERNMENT SHOULD NOT BE FURTHER WAIVED OR RELINQUISHED FOR THEIR INDIVIDUAL BENEFIT OR CONVENIENCE. IS DENIED.