A-15347, SEPTEMBER 29, 1926, 6 COMP. GEN. 218

A-15347: Sep 29, 1926

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BURIAL EXPENSES - VETERANS' BUREAU BENEFICIARIES DYING IN NAVAL HOSPITALS WHERE FUNDS ARE TRANSFERRED FROM THE VETERANS' BUREAU TO THE NAVY DEPARTMENT PURSUANT TO A PROVISION IN THE ACT OF MARCH 3. FOR BURIAL EXPENSES OF VETERANS OF ANY WAR DYING AFTER DISCHARGE OR RESIGNATION FROM THE SERVICE IS APPLICABLE TO A VETERAN WHO DIED WHILE UNDER TREATMENT IN A NAVAL HOSPITAL AND MAY NOT BE INCREASED BY CONTRACT MADE BY THE NAVY DEPARTMENT. WHEREIN WAS DISALLOWED CREDIT FOR THE SUM OF $68. PURSUANT TO THE TERMS OF SAID CONTRACT AND CERTAIN PROPOSALS AND SPECIFICATIONS WHICH WERE MADE A PART THEREOF. 10.00 IT WILL BE NOTED THAT EACH OF THESE ITEMS RELATES TO A CASE IN WHICH THE CONTRACTOR DOES NOT EFFECT THE BURIAL.

A-15347, SEPTEMBER 29, 1926, 6 COMP. GEN. 218

BURIAL EXPENSES - VETERANS' BUREAU BENEFICIARIES DYING IN NAVAL HOSPITALS WHERE FUNDS ARE TRANSFERRED FROM THE VETERANS' BUREAU TO THE NAVY DEPARTMENT PURSUANT TO A PROVISION IN THE ACT OF MARCH 3, 1925, 43 STAT. 1211, THE LIMITATION OF $100, CONTAINED IN THE ACT OF MARCH 4, 1925, 43 STAT. 1305, FOR BURIAL EXPENSES OF VETERANS OF ANY WAR DYING AFTER DISCHARGE OR RESIGNATION FROM THE SERVICE IS APPLICABLE TO A VETERAN WHO DIED WHILE UNDER TREATMENT IN A NAVAL HOSPITAL AND MAY NOT BE INCREASED BY CONTRACT MADE BY THE NAVY DEPARTMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 29, 1926:

LIEUT. COMMANDER WILLIAM GOWER (S.C.), UNITED STATES NAVY, HAS REQUESTED REVIEW OF SETTLEMENT NO. M-20580-N, DATED JUNE 26, 1926, WHEREIN WAS DISALLOWED CREDIT FOR THE SUM OF $68, BEING A PART OF THE AMOUNT PAID TO CHARLES H. FAUNCE ON PUBLIC BILLS NOS. 1663 AND 1664, DATED SEPTEMBER 19, 1925, FOR BURIAL AND FUNERAL EXPENSES OF LEONARD WOLCOTT AND HARLEN L. SWETSER, PATIENTS OF THE VETERANS' BUREAU, UNDER NAVY YARD CONTRACT NO. 75, DATED JULY 1, 1925.

PURSUANT TO THE TERMS OF SAID CONTRACT AND CERTAIN PROPOSALS AND SPECIFICATIONS WHICH WERE MADE A PART THEREOF. CHARLES H. FAUNCE AGREED TO FURNISH SUPPLIES AND SERVICES NECESSARY TO THE CARE, PREPARATION, AND BURIAL OF THE REMAINS OF VETERANS' BUREAU PATIENTS DYING WHILE UNDERTREATMENT AT THE NAVAL HOSPITAL, CHELSEA, MASS., DURING THE PERIOD JULY 1, 1925, TO JUNE 30, 1926, AS FOLLOWS:

CHART PREPARATION OF BODY, INCLUDING EMBALMING AND SHROUD --------- $20.00 CASKET ------------------------------------------------------ 50.00 BOX --------------------------------------------------------- 10.00 PERMIT ------------------------------------------------------ 2.00 SEPARATE GRAVES, GLENWOOD CEMETERY -------------------------- 25.00 MARKER -------- ---------------------------------------------- 2.00

AMOUNTING TO ------------------------------------- $109.00

THE PAYMENTS HERE IN QUESTION INCLUDED EACH OF THE ABOVE ITEMS AND IN ADDITION THERETO TO A CHARGE OF $25 (NOT PROVIDED FOR IN THE CONTRACT) FOR TRANSPORTATION OF THE REMAINS TO THE CEMETERY, MAKING A TOTAL OF $134 EACH FOR THE SAID BURIALS.

WITH RESPECT TO TRANSPORTATION OF REMAINS, THE CONTRACT CONTAINS THE FOLLOWING PROVISIONS:

TOTAL 6. FOR DELIVERY OF REMAINS TO A SHIPPING POINT IN

CONTRACTOR'S AMBULANCE OF OTHER CLOSED CONVEYANCE ------- $5.00 7. FOR DELIVERY OF REMAINS TO A SHIPPING POINT IN

CONTRACTOR'S AMBULANCE OF OTHER CLOSED CONVEYANCE,

WITH ADDITION OF HEARSE AND ONE 7-PASSENGER

VEHICLE ------------------------------------------------- 25.00

* * * * * * * 9. FOR DELIVER OF REMAINS TO FAMILY RESIDENCE, CHAPEL,

OR TO FAMILY UNDERTAKER WITHIN THE LIMITS OF

BOSTON, CHELSEA, EVERETT, MALDEN, REVERE, EAST

BOSTON, MATTAPEN, AND WINTHROP, IN THE STATE OF

MASSACHUSETTS ------------------------------------------- 5.00 10. (A) TRANSPORTATION OF BODY IN HEARSE, UNDERTAKER'S

AMBULANCE, OR OTHER CLOSED CONVEYANCE, NECESSARY FOR

ITS DELIVERY TO EXPRESS COMPANY OR OTHER DESIGNATED

COMMON CARRIER AND ITS SHIPMENT AS DIRECTED BY THE

PROPER OFFICER OF THE NAVAL HOSPITAL: NO CHARGE TO

BE PAID FOR SHIPMENT OF THE BODY BY A COMMON CARRIER,

SAID SHIPMENT TO BE MADE ON GOVERNMENT BILL OF

LADING -------------------------------------------------- 5.00

(B) FOR ADDITIONAL SERVICE UNDER ABOVE ITEM, CONSISTING

OF ONE 7-PASSENGER VEHICLE ------------------------------ 10.00

IT WILL BE NOTED THAT EACH OF THESE ITEMS RELATES TO A CASE IN WHICH THE CONTRACTOR DOES NOT EFFECT THE BURIAL. IT MUST BE ASSUMED THAT IN CASES IN WHICH THE ONLY TRANSPORTATION INVOLVED IS THE TRANSPORTATION OF THE REMAINS FROM THE HOSPITAL TO THE LOCAL CEMETERY, NO SEPARATE CHARGE THEREFOR WAS CONTEMPLATED OR IS AUTHORIZED. FURTHERMORE, SECTION 201 (1) OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, AS AMENDED BY SECTION 7 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1305, CONTAINS THE FOLLOWING PROVISIONS:

* * * WHERE A VETERAN OF ANY WAR * * * DIES AFTER DISCHARGE OR RESIGNATION FROM THE SERVICE * * * THE UNITED STATES VETERANS' BUREAU SHALL PAY THE FOLLOWING SUMS: * * * FOR BURIAL AND FUNERAL EXPENSES AND THE TRANSPORTATION OF THE BODY (INCLUDING PREPARATION OF THE BODY) TO THE PLACE OF BURIAL, A SUM NOT EXCEEDING $100 * * * PROVIDED FURTHER, THAT WHERE SUCH PERSON, WHILE RECEIVING FROM THE BUREAU MEDICAL, SURGICAL, OR HOSPITAL TREATMENT OR VOCATIONAL TRAINING, DIES AWAY FROM HOME AND AT THE PLACE TO WHICH HE WAS ORDERED BY THE BUREAU, OR WHILE TRAVELING UNDER ORDERS OF THE BUREAU, THE ABOVE BENEFITS SHALL BE PAYABLE IN ALL CASES, AND IN ADDITION THERETO, THE ACTUAL AND NECESSARY COST OF THE TRANSPORTATION OF THE BODY OF THE PERSON (INCLUDING PREPARATION OF THE BODY) TO THE PLACE OF BURIAL, WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, AND INCLUDING ALSO, IN THE DISCRETION OF THE DIRECTOR, THE ACTUAL AND NECESSARY COST OF TRANSPORTATION OF AN ATTENDANT: * * *

THIS STATUTE CLEARLY LIMITS THE AMOUNT AUTHORIZED TO BE PAID IN SUCH A CASE AS THE ONES HERE UNDER CONSIDERATION "FOR BURIAL AND FUNERAL EXPENSES AND THE TRANSPORTATION OF THE BODY (INCLUDING PREPARATION OF THE BODY) TO THE PLACE OF BURIAL" TO "A SUM NOT EXCEEDING $100.' IT IS ONLY IN CASES IN WHICH THE AUTHORIZED BURIAL IS TO BE OTHER THAN AT OR NEAR THE PLACE OF DEATH THAT PAYMENT OF THE COST OF NECESSARY TRANSPORTATION IN ADDITION TO THE $100 IS AUTHORIZED.

THE PAYMENTS HERE IN QUESTION WERE MADE FROM FUNDS TRANSFERRED FROM THE VETERANS' BUREAU APPROPRIATION TO THE NAVY DEPARTMENT PURSUANT TO A PROVISION IN THE ACT OF MARCH 3, 1925, 43 STAT. 1211.

UPON REVIEW, THE SETTLEMENT MUST BE AND IS SUSTAINED. SEE DECISION OF APRIL 29, 1926, A-13232.