A-57836, OCTOBER 5, 1934, 14 COMP. GEN. 283

A-57836: Oct 5, 1934

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PAYMENT OF BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME OF A RESERVE OFFICER OF THE ARMY WHO DIES WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS IS LIMITED TO $100. THERE IS FORWARDED HEREWITH FOR ADVANCE DECISION AS TO THE PROPRIETY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $150 IN FAVOR OF H. IT IS THEREFORE REQUESTED THAT THIS OFFICE BE ADVISED AS TO WHETHER OR NOT THIS ADDITIONAL $50. AUTHORIZED FOR THE BURIAL OF DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS IS PROPERLY PAYABLE IN CONNECTION WITH THE BURIAL OF RESERVE OFFICERS WHO DIE WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS. WAS ORDERED TO ACTIVE DUTY FOR A PERIOD OF 6 MONTHS IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS BY PARAGRAPH 12.

A-57836, OCTOBER 5, 1934, 14 COMP. GEN. 283

BURIAL EXPENSES - RESERVE OFFICERS OF THE ARMY UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, PAYMENT OF BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME OF A RESERVE OFFICER OF THE ARMY WHO DIES WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS IS LIMITED TO $100.

COMPTROLLER GENERAL MCCARL TO CAPT. W. T. JOHNSON, UNITED STATES ARMY, OCTOBER 5, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 11, 1934, AS FOLLOWS:

1. THERE IS FORWARDED HEREWITH FOR ADVANCE DECISION AS TO THE PROPRIETY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $150 IN FAVOR OF H. M. PATTERSON AND SON, ATLANTA, GEORGIA, COVERING BURIAL EXPENSES OF LIEUTENANT CLAUDE E. BUCHANAN, C.A.--- RES., WHO DIED JUNE 21, 1934, WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AT C.C.C. CAMP P-68, SHADY GROVE, FLORIDA.

2. ARMY REGULATIONS 5-280 PROVIDE FOR AN EXPENDITURE OF $100 FOR BURIAL EXPENSES OF RESERVE OFFICERS WHO DIE WHILE ON ACTIVE DUTY, W.D., C.C.C. REGULATIONS PROVIDE FOR AN ADDITIONAL $50 TO COVER THE "NECESSARY EXPENSES OF INTERMENT UPON ARRIVAL OF THE BODY AT PLACE OF BURIAL" FOR ,DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS.' THE VOUCHER IN QUESTION INCLUDES THE ADDITIONAL $50 AUTHORIZED FOR MEMBERS OF THE CIVILIAN CONSERVATION CORPS.

3. IT IS THEREFORE REQUESTED THAT THIS OFFICE BE ADVISED AS TO WHETHER OR NOT THIS ADDITIONAL $50, AUTHORIZED FOR THE BURIAL OF DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS IS PROPERLY PAYABLE IN CONNECTION WITH THE BURIAL OF RESERVE OFFICERS WHO DIE WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS.

IT APPEARS THAT SECOND LIEUTENANT BUCHANAN, C.A.--- RES., BY DIRECTION OF THE PRESIDENT, AND TO CARRY OUT THE PROVISIONS OF THE ACT OF MARCH 31, 1933, PUBLIC NO. 5, SEVENTY-THIRD CONGRESS, WAS ORDERED TO ACTIVE DUTY FOR A PERIOD OF 6 MONTHS IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS BY PARAGRAPH 12, S.O. 29, DATED HEADQUARTERS FOURTH CORPS AREA, MARCH 2, 1934. THE BILL OF THE UNDERTAKER, H. M. PATTERSON AND SON, ATLANTA, GA., IN THE SUM OF $150 REPRESENTS (1) CHARGES IN THE SUM OF $100 FOR TRANSFER OF THE REMAINS FROM THE C.C.C. CAMP AT SHADY GROVE, FLA., TO THE STATION, EMBALMING, CASKET AND SHIPPING BOX, AND (2) $50 FOR OPENING GRAVE AT ATLANTA, GA., LIMOUSINE, HEARSE, AND PROFESSIONAL SERVICES AT ATLANTA, GA.THE SERVICES OF THE UNDERTAKER ARE STATED TO HAVE BEEN SECURED BY AN INFORMAL AGREEMENT AND THE QUESTION PRESENTED IS WHETHER THE CHARGES IN FULL MAY BE PAID UNDER THE PROVISIONS OF THE WAR DEPARTMENT REGULATIONS PERTAINING TO THE CIVILIAN CONSERVATION CORPS, DATED MARCH 6, 1934, PARAGRAPH 40 TO WHICH PROVIDES:

BURIAL EXPENSES.--- EXPENSES IN CONNECTION WITH THE BURIAL OF DECEASED MEMBERS OF THE CIVILIAN CONSERVATION CORPS, INCLUDING TRANSPORTATION OF AUTHORIZED ATTENDANTS AND TRANSPORTATION OF THE REMAINS TO THE HOME OF THE DECEASED, WILL BE CHARGED TO EMERGENCY CONSERVATION FUNDS. SUCH EXPENSES WILL BE LIMITED TO THOSE AUTHORIZED FOR ENLISTED MEN OF THE REGULAR ARMY. IN ADDITION TO THE FOREGOING AUTHORIZED BURIAL EXPENSES, AN EXPENDITURE OF NOT TO EXCEED $50 TO COVER THE NECESSARY EXPENSES OF INTERMENT UPON ARRIVAL OF THE BODY AT PLACE OF BURIAL IS AUTHORIZED. CORPS AREA COMMANDERS WILL ISSUE SUCH INSTRUCTIONS AS MAY BE NECESSARY TO INSURE THAT THE PARENTS OR NEAREST RELATIVE OF THE DECEASED, OR OTHER PERSON TO WHOM THE REMAINS ARE DELIVERED, IS INFORMED OF THIS AUTHORIZATION AND ADVISED AS TO THE PROPER PROCEDURE TO BE FOLLOWED IN OBTAINING PAYMENT OF OBLIGATIONS INCURRED. WHEN SUITABLE OUTER CLOTHING IS NOT AVAILABLE, CORPS AREA COMMANDERS ARE AUTHORIZED TO EXPEND NOT TO EXCEED $15 PER DECEASED MEMBER FOR THE NECESSARY CIVILIAN CLOTHING FOR BURIAL PURPOSES. MEMBERS OF THE CIVILIAN CONSERVATION CORPS ARE NOT CIVILIAN EMPLOYEES WITHIN THE MEANING OF PARAGRAPH 1C (5), AR 210-500. THEY WILL NOT BE ENTITLED TO BURIAL IN POST OR NATIONAL CEMETERIES BECAUSE OF THEIR ENROLLMENT IN THE CIVILIAN CONSERVATION CORPS. * * *

THESE REGULATIONS FURTHER PROVIDE WITH RESPECT TO THE UTILIZATION OF THE SERVICES OF RESERVE OFFICERS:

17. PERSONNEL.--- * * *

B. RESERVE.--- (1) TO SUPPLEMENT REGULAR ARMY OFFICERS ON DUTY WITH THE CIVILIAN CONSERVATION CORPS, THE PRESIDENT HAS APPROVED THE USE OF RESERVE OFFICERS ON ACTIVE DUTY IN SUCH NUMBERS AND GRADES AS ARE AUTHORIZED ELSEWHERE IN THESE REGULATIONS OR AS MAY BE AUTHORIZED FROM TIME TO TIME BY THE WAR DEPARTMENT. * * *

(3) PERIODS OF ACTIVE DUTY OF RESERVE OFFICERS WILL BE NORMALLY FOR 6 MONTHS, BUT CORPS AREA COMMANDERS, IN THE INTEREST OF GREATER DIFFUSION OF TRAINING, MAY PRESCRIBE A LESS TIME, PROVIDED THAT NO PERIOD SHALL BE LESS THAN 60 DAYS.

(5) RESERVE OFFICERS MAY NOT BE REDUCED AND REAPPOINTED TO A LOWER GRADE IN ORDER TO QUALIFY FOR THIS ACTIVE DUTY.

BY EXECUTIVE ORDER NO. 6126, APPROVED MAY 8, 1933, THE PRESIDENT IN PURSUANCE OF THE PROVISION OF THE ACT OF MARCH 31, 1933 (48 STAT. 22), DIRECTED THAT THE PAY AND ALLOWANCES OF RESERVE OFFICERS OF THE ARMY, INCLUDING THEIR TRAVEL ALLOWANCE AUTHORIZED BY LAW, CALLED TO ACTIVE DUTY IN CONNECTION WITH THE CONSERVATION WORK, SHALL BE MADE FROM THE EMERGENCY CONSERVATION FUND, BUT IT IS NOT PERCEIVED THAT THIS AUTHORITY FOR ACTIVE- DUTY PAY AND ALLOWANCE TO RESERVE OFFICERS (SEE ANNUAL APPROPRIATION ACTS UNDER WAR DEPARTMENT, ORGANIZED RESERVES, PROHIBITING USE OF FUNDS APPROPRIATED FOR PAY OF RESERVE OFFICERS ON ACTIVE DUTY FOR A LONGER PERIOD THAN 15 DAYS, SUBJECT TO CERTAIN EXCEPTIONS) WAS INTENDED TO MODIFY OR CHANGE IN ANY WAY THE PAY, EMOLUMENTS, OR RIGHTS INCIDENT TO SUCH RESERVE OFFICERS' ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS ABOVE THOSE PROVIDED BY EXISTING LAW AND REGULATIONS. CERTAINLY THERE IS NO JUSTIFICATION FOR HOLDING THAT A RESERVE OFFICER OF THE ARMY CALLED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS THEREUPON BECOMES AN ENROLLEE, THE ONLY CLASS OF PERSONS CONTEMPLATED BY THE QUOTED PARAGRAPH 40. UNDER SECTION 37 (A) OF THE NATIONAL DEFENSE ACT AS AMENDED, THEY ARE ENTITLED, WHILE ON ACTIVE DUTY, TO THE SAME PAY AND ALLOWANCE AS OFFICERS OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND EXPENSE PROVISION IS MADE FOR THEIR MEDICAL TREATMENT, HOSPITALIZATION, AND BURIAL EXPENSE BY THE ACT OF APRIL 26, 1928 (45 STAT. 461), WHICH PROVIDES IN PART:

* * * MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; * * * IF THE DEATH OF ANY PERSON MENTIONED HERE OCCURS WHILE HE IS UNDERGOING THE TRAINING OR HOSPITAL TREATMENT CONTEMPLATED BY THIS SECTION, THE UNITED STATES SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, PAY FOR BURIAL EXPENSES AND THE RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100.

THERE HAS BEEN NO REPEAL OF THE ABOVE PROVISION OF LAW LIMITING THE AMOUNT TO BE EXPENDED BY THE GOVERNMENT FOR BURIAL EXPENSES AND RETURN HOME OF THE BODIES OF RESERVE OFFICERS WHO DIE WHILE ON ACTIVE DUTY.

THERE WAS NO AUTHORITY FOR CONTRACTING FOR SERVICES IN CONNECTION WITH THE RETURN OF THE BODY OF SECOND LIEUTENANT BUCHANAN TO HIS HOME, AND BURIAL IN EXCESS OF $100 AND THE PAYMENT OF ANY AMOUNT IN EXCESS THEREOF IS NOT AUTHORIZED. THEREFORE, IF THERE WERE NO TRANSPORTATION CHARGES BORNE BY THE GOVERNMENT IN SHIPPING THE REMAINS AND NO OTHER EXPENSES WERE INCURRED, PAYMENT MAY BE MADE IN THE SUM OF $100, THE MAXIMUM AMOUNT ALLOWABLE UNDER THE LAW.