A-58621, NOVEMBER 22, 1934, 14 COMP. GEN. 410

A-58621: Nov 22, 1934

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TRANSPORTATION OF BAGGAGE - DECEASED ENLISTED MEN OF THE NAVY AND MARINE CORPS THERE IS NO AUTHORITY OF LAW FOR SHIPMENT AT GOVERNMENT EXPENSE OF BAGGAGE OR EFFECTS OF FORMER ENLISTED MEN OF THE NAVY OR MARINE CORPS WHO ARE PATIENTS IN NAVAL HOSPITALS AT DATE OF DEATH IN EXCESS OF THE AMOUNT CARRIED FREE BY CARRIERS WITH THE BODY. 1934: YOUR ATTENTION IS CALLED TO WHAT APPEARS TO BE A MISAPPREHENSION ON THE PART OF CERTAIN NAVAL OFFICIALS AS TO THE MEANING OF THE REGULATIONS RELATIVE TO SHIPMENT OF THE EFFECTS OF FORMER ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO ARE DISCHARGED WHILE IN NAVAL HOSPITALS. THE DECEASED WAS DISCHARGED MARCH 5. WAS RETAINED IN THE HOSPITAL FOR FURTHER TREATMENT.

A-58621, NOVEMBER 22, 1934, 14 COMP. GEN. 410

TRANSPORTATION OF BAGGAGE - DECEASED ENLISTED MEN OF THE NAVY AND MARINE CORPS THERE IS NO AUTHORITY OF LAW FOR SHIPMENT AT GOVERNMENT EXPENSE OF BAGGAGE OR EFFECTS OF FORMER ENLISTED MEN OF THE NAVY OR MARINE CORPS WHO ARE PATIENTS IN NAVAL HOSPITALS AT DATE OF DEATH IN EXCESS OF THE AMOUNT CARRIED FREE BY CARRIERS WITH THE BODY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 22, 1934:

YOUR ATTENTION IS CALLED TO WHAT APPEARS TO BE A MISAPPREHENSION ON THE PART OF CERTAIN NAVAL OFFICIALS AS TO THE MEANING OF THE REGULATIONS RELATIVE TO SHIPMENT OF THE EFFECTS OF FORMER ENLISTED MEN OF THE NAVY AND MARINE CORPS WHO ARE DISCHARGED WHILE IN NAVAL HOSPITALS, REMAIN THERE FOR FURTHER TREATMENT AND THEN DEATH OCCURS.

CLAIM OF THE RAILWAY EXPRESS AGENCY, INC., APPROVED BY THE PAYMASTER GENERAL FOR $226.68 FOR TRANSPORTATION OF THE REMAINS OF WILFRID JOSEPHDEMSULE, SUPERNUMERARY, EX-CORPORAL, UNITED STATES MARINE CORPS, FROM VALLEJO, CALIF., TO SALEM, MASS., ON GOVERNMENT BILL OF LADING NO. 944660, JUNE 14, 1934, INCLUDES A CHARGE OF $25.18 FOR EXCESS WEIGHT OF 190 POUNDS OF PERSONAL BAGGAGE OR EFFECTS OF THE DECEASED. THE DECEASED WAS DISCHARGED MARCH 5, 1934, WHILE A PATIENT IN THE NAVAL HOSPITAL, MARE ISLAND, CALIF., AND WAS RETAINED IN THE HOSPITAL FOR FURTHER TREATMENT. THE COMMANDING OFFICER OF THE NAVAL HOSPITAL, MARE ISLAND, CALIF., IN REPLY TO REQUEST AS TO AUTHORITY FOR THE SHIPMENT OF THIS EXCESS WEIGHT OF EFFECTS, STATED THAT PARAGRAPH 2943 (C), MANUAL OF THE MEDICAL DEPARTMENT, UNITED STATES NAVY, 1927, WAS CONSTRUED AS AUTHORITY FOR MAKING THE SHIPMENT. SAID PARAGRAPH, WHICH RELATES TO METHODS OF TRANSPORTATION OF REMAINS OF DECEASED PERSONNEL, PROVIDES:

(C) ON EXPRESS SHIPMENTS, WHEN WEIGHT DOES NOT EXCEED 500 POUNDS, CORPSE TRANSPORTATION WILL BE DOUBLE THE REGULAR STANDARD ONE-WAY, FIRST-CLASS PASSENGER FARE, BUT NEVER LESS THAN $3.30 FOR ANY DISTANCE; WHEN THE WEIGHT EXCEEDS 500 POUNDS CHARGE WILL BE MADE, IN ADDITION TO THE ABOVE, FOR EXCESS WEIGHT AT FIRST-CLASS EXPRESS RATE. THE ABOVE RATES INCLUDE, WITHOUT ADDITIONAL CHARGE, THE TRANSPORTATION OF PERSONAL EFFECTS NOT TO EXCEED 150 POUNDS, WHEN FORWARDED ON THE SAME RECEIPT. EFFECTS IN EXCESS OF 150 POUNDS WILL BE CHARGED FOR AT THE REGULAR FIRST-CLASS EXPRESS RATE.

AUTHORITY FOR THE TRANSPORTATION OF THE REMAINS OF DECEASED ENLISTED MEN OF THE NAVY AND MARINE CORPS FOR THE FISCAL YEAR ENDING JUNE 30, 1934, IS PROVIDED UNDER THE APPROPRIATION,"CARE OF THE DEAD," ACT OF MARCH 3, 1933, 47 STAT. 1534.

* * * FOR FUNERAL EXPENSES AND INTERMENT OR TRANSPORTATION TO THEIR HOMES OR TO DESIGNATED CEMETERIES OF THE REMAINS OF * * * FORMER ENLISTED MEN WHO ARE DISCHARGED WHILE IN NAVAL HOSPITALS AND ARE INMATES OF SAID HOSPITALS ON THE DATE OF THEIR DEATH; * * *

THE APPROPRIATION,"GENERAL EXPENSES, MARINE CORPS," IN THE SAME ACT, PAGE 1539, PROVIDES FUNDS FOR---

* * * FUNERAL EXPENSES OF OFFICERS AND ENLISTED MEN AND ACCEPTED APPLICANTS FOR ENLISTMENT AND RETIRED OFFICERS ON ACTIVE DUTY INCLUDING THE TRANSPORTATION OF THEIR BODIES, ARMS, AND WEARING APPAREL FROM THE PLACE OF DEMISE TO THE HOMES OF THE DECEASED IN THE UNITED STATES; * * *.

THE FUNDS SO PROVIDED ARE FOR OFFICERS AND ENLISTED MEN WHO DIE IN ACTIVE SERVICE AND THE REGULATIONS RELATIVE THERETO, PARAGRAPHS (3) AND (4) OF ARTICLE 16-270, MARINE CORPS MANUAL, ARE AS FOLLOWS:

(3) ENLISTED MEN DYING IN SERVICE: THE EFFECTS OF ENLISTED MEN BELOW THE GRADE OF SERGEANT WHO DIE IN ACTIVE SERVICE WILL BE TRANSPORTED IN THE MOST ECONOMICAL MANNER AT GOVERNMENT EXPENSE FROM * * *. THE TERM "EFFECTS" AS USED IN THIS PARAGRAPH WILL INCLUDE HOUSEHOLD GOODS AND OTHER PERSONAL PROPERTY, EXCLUSIVE OF AUTOMOBILES. * * *

(4) EFFECTS OF DECEASED OFFICERS AND ENLISTED MEN WITHIN THE ALLOWANCE TRANSPORTED FREE AS BAGGAGE WILL, WHERE PRACTICABLE, ACCOMPANY THE REMAINS, AND EFFECTS IN EXCESS OF THE FREE ALLOWANCE WILL BE FORWARDED SEPARATELY IN THE MOST ECONOMICAL MANNER. * * *

THERE APPEARS TO BE NO AUTHORITY OF LAW FOR THE SHIPMENT OF THE BAGGAGE OR EFFECTS OF FORMER ENLISTED MEN OF THE NAVY OR MARINE CORPS WHO ARE PATIENTS IN NAVAL HOSPITALS AT DATE OF DEATH, AND, THEREFORE, NO AUTHORITY FOR CONSTRUING THE ABOVE-QUOTED REGULATIONS AS AUTHORITY TO SHIP THE EFFECTS OF SUCH MEN.

IT IS SUGGESTED THAT THE REGULATIONS BE CLARIFIED TO SHOW THAT IN NO CASE BAGGAGE IN EXCESS OF THAT CARRIED FREE BY CARRIERS BE SHIPPED WITH THE BODY OF DECEASED FORMER ENLISTED MEN OF THE NAVY AND MARINE CORPS DISCHARGED IN THE NAVAL HOSPITALS AND CONTINUED THEREIN TO DATE OF DEATH.