A-31541, MAY 5, 1930, 9 COMP. GEN. 461

A-31541: May 5, 1930

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WHERE THE PRIVATELY OWNED MOUNT OF AN OFFICER OF THE ARMY WAS INJURED SO AS TO RENDER IT UNFIT FOR FURTHER USE AS AN ARMY MOUNT. ADDITIONAL PAY FOR SUCH MOUNT IS NOT AUTHORIZED AFTER THE INJURY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. THE OFFICER STATES THAT AT THE TIME HE LEFT THE ISLANDS HE WAS UNABLE TO HAVE THE MOUNT TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT TO THE MAINLAND. IT WOULD APPEAR THAT UPON THE DEPARTURE OF THE OFFICER FROM SCHOFIELD BARRACKS THE MOUNT WAS LEFT IN THE CARE OF CAPT. THAT IT WAS MAINTAINED AND GIVEN VETERINARY TREATMENT AT GOVERNMENT EXPENSE. WHEN AN OFFICER IS SEPARATED FROM HIS AUTHORIZED NUMBER OF OWNED HORSES THROUGH THE NATURE OF THE MILITARY SERVICE UPON WHICH EMPLOYED.

A-31541, MAY 5, 1930, 9 COMP. GEN. 461

ARMY OFFICERS - ADDITIONAL PAY FOR MOUNTS AN OFFICER OF THE ARMY REQUIRED TO BE MOUNTED, WHO PROVIDED HIMSELF WITH A SUITABLE MOUNT AT HIS OWN EXPENSE, MAY CONTINUE TO RECEIVE ADDITIONAL PAY FOR SUCH MOUNT WHILE ON LEAVE OF ABSENCE FROM HIS DUTY STATION AND WHILE TRAVELING UNDER ORDERS DIRECTING A PERMANENT CHANGE OF STATION. WHERE THE PRIVATELY OWNED MOUNT OF AN OFFICER OF THE ARMY WAS INJURED SO AS TO RENDER IT UNFIT FOR FURTHER USE AS AN ARMY MOUNT, ADDITIONAL PAY FOR SUCH MOUNT IS NOT AUTHORIZED AFTER THE INJURY.

COMPTROLLER GENERAL MCCARL TO CAPT. F. C. BEEBEE, UNITED STATES ARMY, MAY 5, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 16, 1930, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. ALBERT L. EVANS, CHAPLAIN, UNITED STATES ARMY, FOR $149.17, PAID FOR ONE PRIVATELY OWNED MOUNT, MAINTAINED FOR THE OFFICER BY THE THIRTY-FIFTH INFANTRY, AT SCHOFIELD BARRACKS, HAWAII, DURING THE PERIOD FROM NOVEMBER 15, 1929, TO MARCH 12, 1930.

PARAGRAPH 4, SPECIAL ORDERS NO. 256, HEADQUARTERS, HAWAIIAN DEPARTMENT, DATED OCTOBER 16, 1929, RELIEVED CHAPLAIN EVANS FROM ASSIGNMENT AND DUTY AT SCHOFIELD BARRACKS AND ASSIGNED HIM FOR DUTY AT EDGEWOOD ARSENAL, EFFECTIVE UPON DATE OF DEPARTURE ON TRANSPORT SCHEDULED TO SAIL FROM HONOLULU ABOUT NOVEMBER 16, 1929. THE OFFICER STATES THAT AT THE TIME HE LEFT THE ISLANDS HE WAS UNABLE TO HAVE THE MOUNT TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT TO THE MAINLAND, AS THE MARE HAD BEEN BRED TO THE ARMY STALLION "LORD BRIGHTON" AND HAD GIVEN FOAL TO A FILLY ONLY A FEW DAYS BEFORE HIS DEPARTURE. IT FURTHER APPEARS THAT ON JANUARY 6, 1930, THIS MOUNT SUSTAINED AN INJURY WHICH RESULTED IN THE RUPTURE OF THE RIGHT EYEBALL AND COMPLETE LOSS OF SIGHT IN THAT EYE, WHICH CONDITION RENDERED THE ANIMAL UNFIT FOR A REGULATION PRIVATE MOUNT. IT WOULD APPEAR THAT UPON THE DEPARTURE OF THE OFFICER FROM SCHOFIELD BARRACKS THE MOUNT WAS LEFT IN THE CARE OF CAPT. ERNEST JOHN, THIRTY-FIFTH INFANTRY, UNITED STATES ARMY, AND THAT IT WAS MAINTAINED AND GIVEN VETERINARY TREATMENT AT GOVERNMENT EXPENSE.

THE ACT OF MAY 11, 1908, 35 STAT. 108, PROVIDES:

* * * THAT HEREAFTER THE UNITED STATES SHALL FURNISH MOUNTS AND HORSE EQUIPMENT FOR ALL OFFICERS OF THE ARMY BELOW THE GRADE OF MAJOR REQUIRED TO BE MOUNTED, BUT IN CASE ANY OFFICER BELOW THE GRADE OF MAJOR REQUIRED TO BE MOUNTED PROVIDES HIMSELF WITH SUITABLE MOUNTS AT HIS OWN EXPENSE, HE SHALL RECEIVE AN ADDITION TO HIS PAY OF ONE HUNDRED AND FIFTY DOLLARS PER ANNUM IF HE PROVIDES ONE MOUNT * * *.

THE ACT OF MARCH 23, 1910, 36 STAT. 252, PROVIDES FOR CARE OF AN OFFICER'S MOUNT DURING HIS ABSENCE UNDER THE FOLLOWING CONDITIONS:

* * * AND HEREAFTER, WHEN AN OFFICER IS SEPARATED FROM HIS AUTHORIZED NUMBER OF OWNED HORSES THROUGH THE NATURE OF THE MILITARY SERVICE UPON WHICH EMPLOYED, THEY SHALL NOT BE DEPRIVED OF FORAGE, BEDDING, SHELTER,SHOEING, OR MEDICINES THEREFOR, BECAUSE OF SUCH SEPARATION; * *

ARMY REGULATIONS 35-1720, PARAGRAPH 2, PROMULGATED MAY 21, 1929, READ:

* * * OFFICERS BELOW THE GRADE OF MAJOR PROVIDING THEIR OWN MOUNTS DO NOT FORFEIT THE RIGHT TO ADDITIONAL PAY BY REASON OF ABSENCE ON ACCOUNT OF SICKNESS OR ON ORDINARY LEAVE, NOR WILL THE MERE FACT THAT SUCH OFFICERS ARE DETACHED FOR A PURELY TEMPORARY PERIOD FROM THE STATIONS WHERE THEIR MOUNTS ARE KEPT DEPRIVE THEM OF THEIR RIGHT TO THE ADDITIONAL PAY SO LONG AS THE MOUNTS ARE ACTUALLY AND EXCLUSIVELY OWNED AND KEPT FOR THEIR USE IN THE MILITARY SERVICE AT THEIR REGULAR STATIONS. IN ALL OTHER CASES THE RIGHT TO THE ADDITIONAL PAY ACCRUES ONLY WHERE THE MOUNTS ARE ACTUALLY AVAILABLE FOR USE AT THE STATION WHERE THE OFFICER IS SERVING.

IT APPEARS THAT CHAPLAIN EVANS WAS, BY PARAGRAPH 3, SPECIAL ORDERS NO. 256, HEADQUARTERS, HAWAIIAN DEPARTMENT, DATED OCTOBER 16, 1929,GRANTED LEAVE OF ABSENCE FOR 2 MONTHS AND 11 DAYS EXPIRING NOT LATER THAN FEBRUARY 24, 1930, WITH PERMISSION TO LEAVE THAT DEPARTMENT ABOUT NOVEMBER 16, 1929. THE TIME THAT AN OFFICER, REQUIRED TO BE MOUNTED, IS ON LEAVE OF ABSENCE FROM HIS DUTY STATION AND TRAVELING UNDER ORDERS DIRECTING A CHANGE OF STATION IS VIEWED AS WITHIN THE REGULATIONS QUOTED. WHILE ON LEAVE STATUS THE MOUNT IN QUESTION WAS INJURED JANUARY 6, 1930, SO AS TO RENDER HER PERMANENTLY UNFIT FOR FURTHER USE AS A MOUNT. AFTER THAT DATE THE OFFICER CAN NOT BE REGARDED AS HAVING PROVIDED HIMSELF WITH A SUITABLE MOUNT AT HIS OWN EXPENSE, AND PAYMENT OF PAY FOR SUCH MOUNT IS NOT AUTHORIZED AFTER THAT DATE. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT MAY BE MADE ON THE VOUCHER FOR THE PERIOD FROM NOVEMBER 15, 1929, TO JANUARY 6, 1930, IF IT IS OTHERWISE CORRECT.