A-10425, JULY 28, 1925, 5 COMP. GEN. 66

A-10425: Jul 28, 1925

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WAS KILLED IN LINE OF DUTY WHILE PARTICIPATING UNDER ORDERS IN AN AERIAL FLIGHT AT A DULY ORDERED ASSEMBLY FOR DRILL AND INSTRUCTION PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT. 1925: THERE WAS RECEIVED JULY 9. YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF THE HOUSTON UNDERTAKING CO. BE ENTITLED FROM THE DATE SUCH INJURY WAS SUSTAINED TO THE SAME MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE. OR OTHER EXERCISES UNDER AFOREMENTIONED SECTION 94 OF THE NATIONAL DEFENSE ACT. * * * IF THE DEATH OF ANY PERSON MENTIONED HEREIN OCCURS WHILE HE IS UNDERGOING THE TRAINING OR MEDICAL AND HOSPITAL TREATMENT CONTEMPLATED IN THIS SECTION.

A-10425, JULY 28, 1925, 5 COMP. GEN. 66

BURIAL EXPENSES - ENLISTED MEN OF THE NATIONAL GUARD WHERE THE EVIDENCE SHOWS THAT AN ENLISTED MAN OF THE NATIONAL GUARD, A MEMBER OF AN AIR SERVICE FLYING ORGANIZATION, WAS KILLED IN LINE OF DUTY WHILE PARTICIPATING UNDER ORDERS IN AN AERIAL FLIGHT AT A DULY ORDERED ASSEMBLY FOR DRILL AND INSTRUCTION PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT, AS AMENDED, PAYMENT OF BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME IN AN AMOUNT NOT TO EXCEED $100 MAY BE MADE, UNDER THE PROVISIONS OF SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 365.

COMPTROLLER GENERAL MCCARL TO LIEUT. COL. CLAUDE A. ADAMS, UNITED STATES PROPERTY AND DISBURSING OFFICER FOR THE NATIONAL GUARD OF TEXAS, JULY 28, 1925:

THERE WAS RECEIVED JULY 9, 1925, YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF THE HOUSTON UNDERTAKING CO. IN THE SUM OF $100 FOR SERVICES RENDERED IN CONNECTION WITH THE BURIAL OF JOHN S. BOUSSARD, PRIVATE, ONE HUNDRED AND ELEVENTH OBSERVATION SQUADRON, THIRTY-SIXTH DIVISION, AIR SERVICE, TEXAS NATIONAL GUARD, KILLED BY THE PROPELLER OF HIS PLANE APRIL 5, 1925.

SECTION 6 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508, AS AMENDED BY SECTION 4, ACT OF JUNE 3, 1924, 43 STAT. 365, PROVIDES AS FOLLOWS:

* * * OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHEN PARTICIPATING IN AERIAL FLIGHTS PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF SAID NATIONAL DEFENSE ACT AS AMENDED SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED FROM THE DATE SUCH INJURY WAS SUSTAINED TO THE SAME MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE, PAY AND ALLOWANCES, AND TRANSPORTATION TO THEIR HOMES, AS IF SUCH INJURY HAD OCCURRED WHILE IN LINE OF DUTY AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES UNDER AFOREMENTIONED SECTION 94 OF THE NATIONAL DEFENSE ACT. * * * IF THE DEATH OF ANY PERSON MENTIONED HEREIN OCCURS WHILE HE IS UNDERGOING THE TRAINING OR MEDICAL AND HOSPITAL TREATMENT CONTEMPLATED IN THIS SECTION, THE UNITED STATES SHALL PAY FOR BURIAL EXPENSES AND THE RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100, AS MAY BE FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT.

PARAGRAPH 695 1/2, NATIONAL GUARD REGULATIONS, AS AMENDED BY CHANGE NO. 20, MILITIA BUREAU, OCTOBER 21, 1924, PROVIDES AS FOLLOWS:

THAT IF THE DEATH OF AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN OCCURS (A) FROM CAUSES NOT DUE TO HIS OWN MISCONDUCT WHILE HE IS * * * PARTICIPATING IN AN AERIAL FLIGHT AT AN ASSEMBLY FOR DRILL AND INSTRUCTION PRESCRIBED UNDER THE PROVISION OF SECTION 92, NATIONAL DEFENSE ACT, * * * THE UNITED STATES SHALL PAY FOR BURIAL EXPENSES AND THE RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100. SUCH EXPENSES WILL BE RESTRICTED TO THE COST OF CASKET, SHIPPING CASE, PREPARATION OF REMAINS FOR INTERMENT, SHIPMENT AND THE RETURN OF THE BODY TO HIS HOME, INCLUDING THE COST OF TRANSPORTATION OF AN ESCORT, IF ANY. THE ESCORT TO BE TRANSPORTED AT FEDERAL EXPENSE IS LIMITED TO ONE OFFICER OR ENLISTED MAN. ESCORTS WILL BE USED ONLY WHEN DEEMED ESPECIALLY DESIRABLE OR NECESSARY.

PAYMENTS FOR THE BURIAL EXPENSES HEREIN AUTHORIZED WILL BE PAID FROM THE FOLLOWING SUBAPPROPRIATIONS OF THE APPROPRIATION "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD.'

(C) WHEN DEATH OCCURS DURING PARTICIPATION IN AN AERIAL FLIGHT AT AN ASSEMBLY FOR DRILL AND INSTRUCTION PRESCRIBED UNDER THE PROVISIONS OF SECTION 92, NATIONAL DEFENSE ACT, OR WHILE UNDERGOING MEDICAL AND HOSPITAL TREATMENT FOR INJURIES RECEIVED DURING SUCH TRAINING, FROM ,GENERAL EXPENSES, EQUIPMENT, AND INSTRUCTION, NATIONAL GUARD.'

A BOARD OF OFFICERS WAS APPOINTED BY SPECIAL ORDERS, NO. 7, HEADQUARTERS THIRTY-SIXTH DIVISION, AIR SERVICE, HOUSTON, TEX., APRIL 5, 1925, TO INVESTIGATE AND DETERMINE THE CAUSE OF PRIVATE BOUSSARD'S DEATH.

THE FINDINGS OF THE BOARD ARE AS FOLLOWS:

THE BOARD FINDS THAT PRIVATE JOHN S. BOUSSARD, 111TH OBSERVATION SQUADRON, CAME TO HIS DEATH AT ABOUT 4.05 P.M. SUNDAY, APRIL 5TH, 1925, IN A SMALL PASTURE APPROXIMATELY ONE MILE SOUTH OF WEBSTER, TEXAS, BETWEEN THE GALVESTON-HOUSTON HIGHWAY AND THE I. AND G.N. RAILROAD TRACKS.

THAT FOR NO DISCOVERABLE REASON AND WITHOUT ORDERS PRIVATE BOUSSARD AT ABOUT 4 P.M. APRIL 5TH LANDED HIS PLANE IN THE PASTURE MENTIONED ABOVE WHILE ENGAGING IN AN AUTHORIZED WAR-PRACTICE MANEUVER, AND DISMOUNTING FROM HIS PLANE OVER THE LEADING EDGE OF THE LOWER LEFT WING, BENT UNDER THE DRIFT WIRE, AND APPARENTLY MISJUDGING HIS POSITION, WAS STRUCK BY THE PROPELLER AND RECEIVED INJURIES WHICH RESULTED IN HIS DEATH.

THAT PVT. BOUSSARD RECEIVED THE INJURIES WHICH RESULTED IN HIS DEATH WHILE ENGAGED IN AN AUTHORIZED FLIGHT DURING AN AUTHORIZED DRILL PERIOD, AND THAT THE WOUNDS WERE RECEIVED IN THE LINE OF DUTY, THAT THE ACCIDENT WAS THROUGH THE FAULT OR NEGLECT OF NO ONE.

IT IS ASSUMED THAT PRIVATE BOUSSARD WAS A MEMBER OF THE ORGANIZATION AND ASSIGNED TO FLYING DUTY; THAT THE FLIGHT MADE BY HIM APRIL 5, 1925, WAS PART OF A DULY ORDERED ASSEMBLY FOR DRILL AND INSTRUCTION PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT, AS MENDED; AND THAT HE WAS A MEMBER OF THE FLYING CREW ORDERED TO MAKE THE FLIGHT. EVIDENCE TO THIS EFFECT SHOULD BE ATTACHED TO AND MADE A PART OF THE VOUCHER.

THE ACT OF JUNE 3, 1924, PROVIDES THAT IF THE DEATH OF AN ENLISTED MAN OF THE NATIONAL GUARD OCCURS WHILE HE IS UNDERGOING THE TRAINING CONTEMPLATED IN SECTION 4, IN LINE OF DUTY WHEN PARTICIPATING IN AERIAL FLIGHTS PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT AS AMENDED, THE UNITED STATES SHALL PAY FOR THE BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100, AS MAY BE FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT.

THE DEATH OF PRIVATE BOUSSARD OCCURRED WHILE HE WAS PARTICIPATING IN AN AERIAL FLIGHT AND HIS DEATH WAS INCIDENT TO THE FLIGHT.

UPON COMPLETION OF THE VOUCHER, AS HEREIN INDICATED, IF OTHERWISE CORRECT, PAYMENT MAY BE MADE.