A-63492, AUGUST 8, 1935, 15 COMP. GEN. 108

A-63492: Aug 8, 1935

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SUBSISTENCE - NAVAL PRISONERS A FORMER PAY CLERK IN THE NAVY HELD ON BOARD A VESSEL OF THE NAVY AWAITING TRIAL FOR AN OFFENSE ALLEGED TO HAVE BEEN COMMITTED WHILE A WARRANT OFFICER IN THE NAVY PURSUANT TO ARTICLE 14 OF ARTICLES FOR THE GOVERNMENT OF THE NAVY. IS. THE ORDER IN QUESTION IS AS FOLLOWS: FROM: COMMANDING OFFICER. WAS PLACED UNDER ARREST AND CONFINED ON BOARD THE U.S.S. IN ACCORDANCE WITH REFERENCE (B) YOU ARE AUTHORIZED AND DIRECTED TO PAY TO THE WARRANT OFFICERS' MESS. YOUR ENDORSEMENT IS IN PART AS FOLLOWS: 2. THE PRESIDENT OF THE UNITED STATES APPROVED THE RECOMMENDATION OF THE SECRETARY OF THE NAVY THAT PAY CLERK DELAUGHTER BE DROPPED FROM THE ROLLS OF THE NAVY AND HE ACCORDINGLY WAS DROPPED FROM THE ROLLS OF THE NAVY EFFECTIVE THAT DATE.

A-63492, AUGUST 8, 1935, 15 COMP. GEN. 108

SUBSISTENCE - NAVAL PRISONERS A FORMER PAY CLERK IN THE NAVY HELD ON BOARD A VESSEL OF THE NAVY AWAITING TRIAL FOR AN OFFENSE ALLEGED TO HAVE BEEN COMMITTED WHILE A WARRANT OFFICER IN THE NAVY PURSUANT TO ARTICLE 14 OF ARTICLES FOR THE GOVERNMENT OF THE NAVY, IS, WHILE SO HELD, A PRISONER WITHIN ARTICLE 1824, NAVY REGULATIONS, AND THE APPROPRIATION "MISCELLANEOUS EXPENSES; " AND THE WARRANT OFFICERS' MESS OF THE VESSEL MAY BE PAID, FROM THE APPROPRIATION "MISCELLANEOUS EXPENSES," $1 PER DAY FOR HIS SUBSISTENCE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 8, 1935:

THERE HAS BEEN RECEIVED YOUR FOURTH ENDORSEMENT JULY 1, 1935, ON BASIC LETTER OF LT. G. J. TYLER (SC), U.S. NAVY, U.S.S. RIGEL, REQUESTING DETERMINATION WHETHER PAYMENT FOR SUBSISTENCE OF DAVID B. DELAUGHTER, FORMER PAY CLERK, U.S. NAVY, AS DIRECTED BY THE COMMANDING OFFICER OF THE U.S.S. RIGEL COMES WITHIN ARTICLE 1824, NAVY REGULATIONS. THE ORDER IN QUESTION IS AS FOLLOWS: FROM: COMMANDING OFFICER. TO: DISBURSING OFFICER, U.S.S. RIGEL. SUBJECT: SUBSISTENCE OF PRISONER. REFERENCE: (A) COMDT. 11TH ND LTR ND11/A17-20 (A/--- DEL DATED

APRIL 11, 1935.

(B) ARTICLE 1824, U.S. NAVY REGULATIONS, 1920.

1. ON APRIL 11, 1935, DAVID B. DELAUGHTER, FORMER PAY CLERK, U.S. NAVY, WAS PLACED UNDER ARREST AND CONFINED ON BOARD THE U.S.S. RIGEL BY AUTHORITY OF REFERENCE (A).

2. IN ACCORDANCE WITH REFERENCE (B) YOU ARE AUTHORIZED AND DIRECTED TO PAY TO THE WARRANT OFFICERS' MESS, U.S.S. RIGEL, FOR THE SUBSISTENCE OF THE ABOVE-NAMED PRISONER THEREIN, THE SUM OF ONE DOLLAR ($1) PER DAY, COMMENCING APRIL 11, 1935 AND CONTINUING UNTIL FURTHER ORDERS.

YOUR ENDORSEMENT IS IN PART AS FOLLOWS:

2. UNDER DATE OF DECEMBER 17, 1934, THE PRESIDENT OF THE UNITED STATES APPROVED THE RECOMMENDATION OF THE SECRETARY OF THE NAVY THAT PAY CLERK DELAUGHTER BE DROPPED FROM THE ROLLS OF THE NAVY AND HE ACCORDINGLY WAS DROPPED FROM THE ROLLS OF THE NAVY EFFECTIVE THAT DATE. THE PRESIDENT'S ACTION IN CAUSING DELAUGHTER TO BE DROPPED FROM THE ROLLS OF THE NAVY WAS A FINAL AND CONCLUSIVE DETERMINATION OF HIS STATUS IN THE NAVY, AND HIS STATUS THEREAFTER WAS THAT OF A CIVILIAN NO LONGER SUBJECT TO THE JURISDICTION OF MILITARY TRIBUNALS FOR OFFENSES COMMITTED WHILE IN THE SERVICE, EXCEPT FOR OFFENSES IN VIOLATION OF ARTICLE 14 OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY.

3. THE ATTACHED CORRESPONDENCE SHOWS THAT DELAUGHTER IS AT PRESENT UNDER ARREST AND CONFINED ON BOARD THE U.S.S. RIGEL, WHERE HE IS AWAITING TRIAL BY GENERAL COURT MARTIAL FOR AN OFFENSE COMMITTED IN VIOLATION OF SAID ARTICLE 14. HE IS AT PRESENT BEING SUBSISTED IN THE WARRANT OFFICERS' MESS MAINTAINED ON BOARD THE U.S.S. RIGEL. BY REFERENCE (B) OF THE BASIC LETTER THE DISBURSING OFFICER, U.S.S. RIGEL, WAS DIRECTED, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1824, U.S. NAVY REGULATIONS, 1920, TO PAY TO THE WARRANT OFFICERS' MESS MAINTAINED ON BOARD THE U.S.S. RIGEL, FOR THE SUBSISTENCE OF DELAUGHTER, THE SUM OF $1.00 PER DAY, COMMENCING APRIL 11, 1935, AND CONTINUING UNTIL FURTHER ORDERS. IN THE BASIC LETTER THE DISBURSING OFFICER REQUESTS ADVICE AS TO WHETHER DELAUGHTER COMES WITHIN THE DEFINITION OF THE TERM "PRISONER" AS USED IN ARTICLE 1824, NAVY REGULATIONS.

4. THE NAVY DEPARTMENT IS SATISFIED THAT DELAUGHTER'S STATUS WHILE IN ARREST AND CONFINED ON BOARD THE U.S.S. RIGEL UNDER THE CIRCUMSTANCES RELATED ABOVE IS THAT OF A PRISONER WITHIN THE MEANING OF ARTICLE 1824, U.S. NAVY REGULATIONS, 1920. (SEE, IN THIS CONNECTION, COMP. GEN.'S DECISION OF OCTOBER 10, 1932, A-44817.) HOWEVER, THE NAVY DEPARTMENT IS IN DOUBT AS TO WHETHER THE APPROPRIATION "MISCELLANEOUS EXPENSES" PROVIDING FOR "EXPENSES OF PRISONERS AND PRISONS" IS AVAILABLE TO PAY TO THE WARRANT OFFICERS' MESS, U.S.S. RIGEL, FOR SUBSISTENCE FURNISHED DELAUGHTER, THE SUM OF $1.00 PER DAY UNTIL OTHERWISE DIRECTED, AS STATED ABOVE. YOUR DECISION IS REQUESTED UPON THIS QUESTION.

IT IS STATED THAT AFTER PRIOR SERVICE AS AN ENLISTED MAN IN THE ARMY AND IN THE NAVY, DELAUGHTER ACCEPTED APPOINTMENT AS PAY CLERK JUNE 27, 1926, TO RANK FROM FEBRUARY 4, 1926, AND WAS MISSING FROM THE NAVAL AIR STATION, PENSACOLA, FLA., SINCE OCTOBER 2, 1930, AT WHICH TIME IT WAS DETERMINED THAT HE WAS RESPONSIBLE FOR A SHORTAGE OF APPROXIMATELY $350 IN THE ACCOUNTS OF THE COMMISSARY STORE AT THE NAVAL AIR STATION, PENSACOLA, FLA.

THE APPROPRIATION "MISCELLANEOUS EXPENSES" PROVIDES FOR: "* * * EXPENSES OF COURT MARTIAL * * * PRISONERS AND PRISONS, COURTS OF INQUIRY, BOARDS OF INVESTIGATION.'

ARTICLE 1824, NAVY REGULATIONS, PROVIDES:

PRISONERS EMBARKED IN A NAVAL VESSEL SHALL BE SUBSISTED, AND PAYMENT SHALL BE MADE BY THE SUPPLY OFFICER TO MESSES FOR EACH PRISONER SUBSISTED THEREIN AT THE FOLLOWING DAILY RATES: CABIN, $2; WARDROOM, $1.50; OTHER OFFICERS' MESSES, $1. IF NOT IN AN OFFICERS' MESS, ONE RATION SHALL BE ALLOWED. NO OTHER CHARGE SHALL BE MADE, NOR SHALL ANY PERSON THUS SUBSISTED BE REQUIRED TO PAY ANY COMPENSATION TO THE MESS IN WHICH HE MAY LIVE.

ON THE FACTS PRESENTED DELAUGHTER CEASED TO HAVE ANY STATUS AS AN OFFICER OF THE NAVY UPON BEING DROPPED FROM THE ROLLS OF THE NAVY BY THE PRESIDENT ON DECEMBER 17, 1934. ON THE FACTS PRESENTED IT IS NOT CLEAR THAT THE STATUTE OF LIMITATIONS ESTABLISHED BY THE SIXTY-FIRST OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY HAS NOT RUN FOR THE TRIAL OF THE OFFENSE. BUT HOWEVER THAT MAY BE, HE IS BEING HELD PURSUANT TO ARTICLE 14 OF THE ARTICLES FOR THE GOVERNMENT OF THE NAVY AFTER HIS SEPARATION FROM THE NAVY, AS AUTHORIZED BY THE LAST PARAGRAPH OF THAT ARTICLE, FOR AN OFFENSE ALLEGED TO HAVE BEEN COMMITTED WHILE HE WAS A WARRANT OFFICER IN THE NAVY. SUCH RESTRAINT IS IMPRISONMENT AND WHILE IN SUCH STATUS HE IS A PRISONER WITHIN ARTICLE 1824, NAVY REGULATIONS, AND THE APPROPRIATION "MISCELLANEOUS EXPENSES.' DECISION A-44817, OCTOBER 10, 1932; 17 COMP. DEC. 743; 26 ID. 884. YOU ARE ADVISED THAT THE WARRANT OFFICERS' MESS OF THE U.S.S. RIGEL MAY BE PAID FROM THE APPROPRIATION "MISCELLANEOUS EXPENSES" $1 PER DAY FOR SUBSISTENCE OF FORMER PAY CLERK DELAUGHTER IN ACCORDANCE WITH THE ORDER OF THE COMMANDING OFFICER OF THE U.S.S. RIGEL OF MAY 3, 1935.