A-64866, OCTOBER 1, 1935, 15 COMP. GEN. 259

A-64866: Oct 1, 1935

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1935: REFERENCE IS MADE TO TRANSPORTATION REQUESTS WQ-894. IT APPEARS THAT THESE REQUESTS WERE ISSUED BY YOU AS UNITED STATES PROPERTY AND DISBURSING OFFICER PURSUANT TO SPECIAL ORDERS NO. 61. WHICH WERE ON THAT DATE ENCAMPED FOR TRAINING AT MOUNT GRETNA. WERE ORDERED TO PROCEED TO UNIONTOWN. WHILE AT THE ANNUAL ENCAMPMENT AT MOUNT GRETNA THE MEMBERS OF THESE UNITS WERE ENTITLED TO FEDERAL PAY AND ALLOWANCES. THE UNITS WERE ENTITLED. EACH UNITED STATES PROPERTY AND DISBURSING OFFICER IS CHARGED WITH THE ISSUE OF TRANSPORTATION FOR HIS STATE. UNDER PARAGRAPH 3B IT IS PROVIDED THAT TRANSPORTATION REQUESTS FOR THE USE OF OFFICERS. ENLISTED MEN OF THE NATIONAL GUARD WILL NORMALLY BE FURNISHED BY THE UNITED STATES PROPERTY AND DISBURSING OFFICER OF THE STATE CONCERNED.

A-64866, OCTOBER 1, 1935, 15 COMP. GEN. 259

GOVERNMENT TRANSPORTATION REQUESTS - NATIONAL GUARD ON STATE DUTY GOVERNMENT TRANSPORTATION REQUESTS MAY NOT BE USED IN CONNECTION WITH TRANSPORTATION OF NATIONAL GUARD UNITS ON STATE DUTY.

COMPTROLLER GENERAL MCCARL TO COLONEL LEO A. LUTTRINGER, UNITED STATES PROPERTY AND DISBURSING OFFICER, OCTOBER 1, 1935:

REFERENCE IS MADE TO TRANSPORTATION REQUESTS WQ-894,659, JULY 29, 1933, AND WQ-894,665, AUGUST 10, 1933, ISSUED BY YOU TO COVER TRANSPORTATION OF 215 PERSONS FROM MOUNT GRETNA, PA., TO BROWNSVILLE, PA., AND 275 PERSONS FROM BROWNSVILLE TO ERIE, PA., RESPECTIVELY.

IT APPEARS THAT THESE REQUESTS WERE ISSUED BY YOU AS UNITED STATES PROPERTY AND DISBURSING OFFICER PURSUANT TO SPECIAL ORDERS NO. 61, HEADQUARTERS 28TH DIVISION, PENNSYLVANIA NATIONAL GUARD, CAMP GEORGE C. RICKARDS, MOUNT GRETNA, PA., JULY 29, 1933, BY WHICH CERTAIN UNITS OF THE PENNSYLVANIA NATIONAL GUARD, WHICH WERE ON THAT DATE ENCAMPED FOR TRAINING AT MOUNT GRETNA, WERE ORDERED TO PROCEED TO UNIONTOWN, PA., FOR THE PURPOSE OF PROTECTING PROPERTY, PRESERVING PUBLIC PEACE, AND PREVENTING ACTS OF VIOLENCE IN ACCORDANCE WITH WRITTEN INSTRUCTIONS OF THE GOVERNOR AND COMMANDER IN CHIEF.

WHILE AT THE ANNUAL ENCAMPMENT AT MOUNT GRETNA THE MEMBERS OF THESE UNITS WERE ENTITLED TO FEDERAL PAY AND ALLOWANCES. THE UNITS WERE ENTITLED, ALSO, TO TRANSPORTATION AT FEDERAL EXPENSE FROM HOME STATIONS TO MOUNT GRETNA AND RETURN.

UNDER PARAGRAPH 2, NATIONAL GUARD REGULATIONS 70, EACH UNITED STATES PROPERTY AND DISBURSING OFFICER IS CHARGED WITH THE ISSUE OF TRANSPORTATION FOR HIS STATE. UNDER PARAGRAPH 3B IT IS PROVIDED THAT TRANSPORTATION REQUESTS FOR THE USE OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WILL NORMALLY BE FURNISHED BY THE UNITED STATES PROPERTY AND DISBURSING OFFICER OF THE STATE CONCERNED.

PARAGRAPH 2, NATIONAL GUARD REGULATIONS 71, PROVIDES:

2. FUNCTION OF THE UNITED STATES PROPERTY AND DISBURSING OFFICER.-- THE MOVEMENT OF NATIONAL GUARD TROOPS AND THEIR EQUIPMENT OVER COMMERCIALLY OPERATED LINES IN TIME OF PEACE IS THE FUNCTION OF THE UNITED STATES PROPERTY AND DISBURSING OFFICER ACCREDITED TO THE STATE TO WHICH THE TROOPS PERTAIN. * * * THE RESPONSIBILITY FOR THE PROPER PERFORMANCE OF SUCH DUTIES RESTS WITH THE UNITED STATES PROPERTY AND DISBURSING OFFICER.

PARAGRAPH 24 C, N.G.R. 58 (CHANGE 5, JUNE 13, 1931), PROVIDES THAT THE UNITED STATES PROPERTY AND DISBURSING OFFICER OF THE STATE CONCERNED WILL SUPPLY TRANSPORTATION IN KIND.

THE USE OF A GOVERNMENT TRANSPORTATION REQUEST CONTEMPLATES A LAWFUL CHARGE UPON FUNDS APPROPRIATED FOR TRANSPORTATION OF FEDERAL PERSONNEL OR PERSONNEL ENTITLED TO TRANSPORTATION AT FEDERAL EXPENSE. OBVIOUSLY, SUCH REQUESTS MAY NOT BE USED FOR STATE TRANSPORTATION. THE DUTY PERFORMED BY THE UNITS OR THE MEMBERS THEREOF IN QUESTION AT UNIONTOWN WAS STATE DUTY. TRANSPORTATION OF THE MEMBERS OF THE UNITS TO SUCH DUTY AT FEDERAL EXPENSE WAS NOT AUTHORIZED AND THE USE OF GOVERNMENT TRANSPORTATION REQUESTS FOR SUCH TRANSPORTATION WAS PLAINLY IMPROPER.

THIS ILLEGAL ISSUANCE OF GOVERNMENT TRANSPORTATION REQUESTS FOR STATE PURPOSES IS BEING CALLED TO THE ATTENTION OF THE SECRETARY OF WAR.

UNDER THE ESTABLISHED RULE, THE CARRIER HAVING FURNISHED THE TRANSPORTATION IN GOOD FAITH ON TRANSPORTATION REQUESTS REGULAR UPON THEIR FACE, PAYMENT WILL BE MADE TO THE CARRIER FOR THE TRANSPORTATION FURNISHED NOTWITHSTANDING THE ILLEGAL ISSUANCE OF THE TRANSPORTATION REQUESTS. SEE 6 COMP. DEC. 936; 16 ID. 383; 3 COMP. GEN. 358; 4 ID. 630; 5 ID. 134; AND A-59619, DATED FEBRUARY 14, 1935.

HOWEVER, THERE WILL BE CHARGED IN YOUR FISCAL ACCOUNTS FOR THE UNAUTHORIZED AND ILLEGAL USE OF THE TRANSPORTATION REQUESTS ABOVE REFERRED TO, THE DIFFERENCE BETWEEN THE COST OF RETURNING THE MEMBERS OF THE UNITS INVOLVED FROM MOUNT GRETNA TO THEIR HOME STATIONS AND THE AMOUNT PAYABLE TO THE CARRIER ON THE TRANSPORTATION REQUESTS ISSUED BY YOU. THE AMOUNT OF THIS DIFFERENCE WILL BE REQUIRED TO BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF SETTLEMENT TO FOLLOW, WHICH WILL INDICATE THE BASIS OF COMPUTATION OF THE CHARGE.