A-21466, FEBRUARY 15, 1928, 7 COMP. GEN. 480

A-21466: Feb 15, 1928

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

OR MAINTENANCE OF THE ARMY IS NOT AVAILABLE FOR REIMBURSING A PERSON IN OR UNDER THE CONTROL OF THE ARMY FOR DAMAGES TO HIS PRIVATE PROPERTY SUSTAINED AT HIS DUTY STATION. WHEREIN WAS DISALLOWED HIS CLAIM FOR $24.60 AS REIMBURSEMENT OF DAMAGES SUSTAINED AS A RESULT OF COLLISION BETWEEN AN ARMY MOTOR CYCLE AND HIS DODGE AUTOMOBILE ON MAY 20. THE CLAIM WAS DISALLOWED ON THE GROUND THAT SINCE CLAIMANT WAS SERVING AS A CIVILIAN CLERK. WAS NOT AVAILABLE FOR REIMBURSEMENT OF THE DAMAGE. THE EVIDENCE IS NOT CLEAR AS TO WHETHER CLAIMANT WAS FREE FROM FAULT IN CONNECTION WITH THE COLLISION. BOTH CORPORAL PEDRO SUNGA AND LIEUTENANT ROUTHER TESTIFIED IN THE PROCEEDINGS BEFORE THE BOARD APPOINTED TO INVESTIGATE THE CLAIM THAT CLAIMANT WAS NOT ON THE PROPER SIDE OF THE STREET.

A-21466, FEBRUARY 15, 1928, 7 COMP. GEN. 480

PRIVATE PROPERTY DAMAGED BY THE ARMY THE APPROPRIATION MADE FOR THE REIMBURSEMENT FOR DAMAGES TO PRIVATE PROPERTY INCIDENT TO THE TRAINING, PRACTICE, OPERATION, OR MAINTENANCE OF THE ARMY IS NOT AVAILABLE FOR REIMBURSING A PERSON IN OR UNDER THE CONTROL OF THE ARMY FOR DAMAGES TO HIS PRIVATE PROPERTY SUSTAINED AT HIS DUTY STATION.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 15, 1928:

EARL TIPTON REQUESTED DECEMBER 22, 1927, REVIEW OF SETTLEMENT NO. 0205480, DATED NOVEMBER 17, 1927, OF THIS OFFICE, WHEREIN WAS DISALLOWED HIS CLAIM FOR $24.60 AS REIMBURSEMENT OF DAMAGES SUSTAINED AS A RESULT OF COLLISION BETWEEN AN ARMY MOTOR CYCLE AND HIS DODGE AUTOMOBILE ON MAY 20, 1927, AT THE INTERSECTION OF ELEVENTH AND SAN FRANCISCO STREETS, MANILA, P.I. THE CLAIM WAS DISALLOWED ON THE GROUND THAT SINCE CLAIMANT WAS SERVING AS A CIVILIAN CLERK, FINANCE DEPARTMENT, UNDER THE CONTROL OF THE ARMY, THE APPROPRIATION MADE BY THE ACT OF APRIL 15, 1926, 44 STAT. 259, WAS NOT AVAILABLE FOR REIMBURSEMENT OF THE DAMAGE.

THE EVIDENCE IS NOT CLEAR AS TO WHETHER CLAIMANT WAS FREE FROM FAULT IN CONNECTION WITH THE COLLISION. BOTH CORPORAL PEDRO SUNGA AND LIEUTENANT ROUTHER TESTIFIED IN THE PROCEEDINGS BEFORE THE BOARD APPOINTED TO INVESTIGATE THE CLAIM THAT CLAIMANT WAS NOT ON THE PROPER SIDE OF THE STREET, AND THAT THE DRIVER OF THE MOTOR CYCLE WAS FORCED TO THE WRONG SIDE OF THE STREET IN ORDER TO AVOID A MORE SERIOUS ACCIDENT, RESULTING IN THE LEFT FRONT BAR OF THE MOTOR CYCLE STRIKING THE LEFT REAR FENDER OF CLAIMANT'S AUTOMOBILE. HOWEVER, THE QUESTION WHETHER THE DAMAGE WAS DUE TO CLAIMANT'S OWN FAULT OR NEGLIGENCE IS IMMATERIAL, BECAUSE OF THE NUMEROUS RULINGS OF THIS OFFICE THAT THE APPROPRIATION MADE FOR REIMBURSEMENT OF DAMAGES INCIDENT TO THE TRAINING, PRACTICE, OPERATION, OR MAINTENANCE OF THE ARMY IS NOT AVAILABLE FOR REIMBURSEMENT TO PERSONS IN OR UNDER THE CONTROL OF THE ARMY FOR DAMAGES TO PRIVATE PROPERTY AT THE PERSON'S DUTY STATION. SEE 26 COMP. DEC. 826; 27 ID. 669; 3 COMP. GEN. 22; 6 ID. 52; 7 ID. 236; AND A-20724, DATED DECEMBER 17, 1927.