A-66824, NOVEMBER 5, 1935, 15 COMP. GEN. 371

A-66824: Nov 5, 1935

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A DISBURSING OFFICER IS ENTITLED TO CREDIT FOR LEGAL PAYMENTS ONLY UPON EVIDENCE OF THE RECEIPT IN THE PRESCRIBED FORM BY THE CREDITOR OF THE UNITED STATES OF THE AMOUNT OF THE CLAIMED PAYMENT. COVERING A PAYMENT WHICH WAS MADE BY FIRST LT. BEFORE THE VOUCHER IS PLACED IN YOUR ACCOUNTS. WHETHER THE AFFIDAVITS ATTACHED THERETO WILL BE ACCEPTED BY THIS OFFICE IN LIEU OF THE PAYEE'S RECEIPT. THAT HE WAS ADMITTED TO THE HOSPITAL JUNE 1. THERE WAS DUE HIM THE SUM OF $5 AS PERSONAL EXPENSE MONEY FOR THE PERIOD JULY 3. THAT THE RECEIPT ON THE VOUCHER FOR THE PURPOSE OF EVIDENCING PAYMENT TO HIM OF THE AMOUNT IN QUESTION IS NOT SIGNED BY THE SOLDIER. THE AFFIDAVIT AND CERTIFICATE ATTACHED TO THE VOUCHER ARE AS FOLLOWS: FORT MCINTOSH.

A-66824, NOVEMBER 5, 1935, 15 COMP. GEN. 371

DISBURSING OFFICERS - LIABILITY - CERTIFICATES IN LIEU OF CASH RECEIPTS CERTIFICATES BY OFFICERS WHO FAILED TO OBSERVE THE PROVISIONS OF THE REGULATIONS IN THE PERFORMANCE OF THEIR DUTIES IN CONNECTION WITH PAYMENTS MAY NOT BE SUBSTITUTED FOR A SIGNED RECEIPT ON THE VOUCHER REQUIRED TO ESTABLISH THE FACT OF PAYMENT TO THE PERSON LEGALLY ENTITLED TO RECEIVE IT. A DISBURSING OFFICER IS ENTITLED TO CREDIT FOR LEGAL PAYMENTS ONLY UPON EVIDENCE OF THE RECEIPT IN THE PRESCRIBED FORM BY THE CREDITOR OF THE UNITED STATES OF THE AMOUNT OF THE CLAIMED PAYMENT.

COMPTROLLER GENERAL MCCARL TO LIEUTENANT COLONEL C. NEWTON, JR., UNITED STATES ARMY, NOVEMBER 5, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 18, 1935 (132, NEWTON, C., JR.), INCLOSING FORM 369 IN FAVOR OF MARTIN W. JACKS, LATE PRIVATE, TROOP B, EIGHTH ENGINEERS, COVERING A PAYMENT WHICH WAS MADE BY FIRST LT. GEORGE T. DERBY, EIGHTH ENGINEERS, AGENT, FINANCE OFFICER, FORT MCINTOSH, TEX., WITHOUT OBTAINING THE CASH RECEIPT OF THE PAYEE. YOU REQUEST TO BE ADVISED, BEFORE THE VOUCHER IS PLACED IN YOUR ACCOUNTS, WHETHER THE AFFIDAVITS ATTACHED THERETO WILL BE ACCEPTED BY THIS OFFICE IN LIEU OF THE PAYEE'S RECEIPT.

THE VOUCHER SHOWS THAT MARTIN W. JACKS (6251272), PRIVATE, TROOP B, EIGHTH ENGINEERS (SQ), ENLISTED FEBRUARY 6, 1934; THAT HE WAS ADMITTED TO THE HOSPITAL JUNE 1, 1935, SICK, NOT IN LINE OF DUTY, A.R. 35-1440 (DUE TO HIS OWN MISCONDUCT); THAT PURSUANT TO THE PROVISION OF THE ACT OF CONGRESS APPROVED MAY 17, 1926 (44 STAT. 557), THERE WAS DUE HIM THE SUM OF $5 AS PERSONAL EXPENSE MONEY FOR THE PERIOD JULY 3, 1935, TO AUGUST 2, 1935, INCLUSIVE; THAT THE RECEIPT ON THE VOUCHER FOR THE PURPOSE OF EVIDENCING PAYMENT TO HIM OF THE AMOUNT IN QUESTION IS NOT SIGNED BY THE SOLDIER.

THE AFFIDAVIT AND CERTIFICATE ATTACHED TO THE VOUCHER ARE AS FOLLOWS:

FORT MCINTOSH, TEX.,

SEPTEMBER 23, 1935. STATE OF TEXAS,

COUNTY OF WEBB, SS:

PERSONALLY APPEARED BEFORE ME THE UNDERSIGNED AUTHORIZED TO ADMINISTER OATHS OF THIS CHARACTER, ONE SERGEANT EDGAR DALLAS CROOKS, 6793684, TROOP A, 8TH ENGINEERS, WHO, AFTER BEING DULY SWORN ACCORDING TO LAW DEPOSES AND SAYS:

THAT ON AUGUST 19, 1935, PRIVATE MARTIN W. JACKS, TROOP B, 8TH ENGINEERS, WHO IS KNOWN TO ME, REPORTED TO 1ST LIEUT. GEORGE T. DERBY, 8TH ENGINEERS, AT THE POST EXCHANGE OFFICE, FORT MCINTOSH, TEXAS, LIEUT. DERBY THEN DETACHED A FIVE DOLLAR BILL FROM A VOUCHER AND GAVE IT TO PRIVATE JACKS.

(SIGNED) EDGAR DALLAS CROOKS.

EDGAR DALLAS CROOKS,

ASN 6793684, SGT., TR. A, 8TH ENGRS.

SWORN AND SUBSCRIBED TO IN MY PRESENCE THIS 23RD DAY OF SEPTEMBER, 1935.

(SIGNED) GEORGE T. DERBY,

GEORGE T. DERBY,

1ST LIEUT. 8TH ENGINEERS, ADJUTANT.

FORT MCINTOSH,

SEPTEMBER 23, 1935.

CERTIFICATE

I HEREBY CERTIFY THAT ON AUGUST 19, 1935, I PAID TO PRIVATE MARTIN W. JACKS, 6251272, TROOP B, 8TH ENGINEERS (SQ), THE SUM OF $5.00 FOR PERSONAL EXPENSE MONEY, ON W.D. FORM NO. 369, SUBMITTED BY CAPTAIN KINGSLEY S. ANDERSSON, 8TH ENGINEERS (SQ), COMMANDING TROOP B 8TH ENGINEERS (SQ); THAT I FAILED TO HAVE PRIVATE JACKS SIGN THE RECEIPT FOR THIS MONEY THRUAN OVERSIGHT, AND THAT IT WAS IMPOSSIBLE TO SECURE A RECEIPT WHEN THE ERROR WAS DISCOVERED SUBSEQUENTLY, DUE TO THE FACT THAT PRIVATE JACKS DESERTED THE SERVICE.

(SIGNED) GEORGE T. DERBY,

GEORGE T. DERBY,

1ST LIEUTENANT, 8TH ENGINEERS,

AGENT, FINANCE OFFICER.

CERTIFICATES BY OFFICERS WHO FAILED TO OBSERVE THE PROVISIONS OF THE REGULATIONS IN THE PERFORMANCE OF THEIR DUTIES IN CONNECTION WITH PAYMENTS MAY NOT BE SUBSTITUTED FOR A SIGNED RECEIPT ON THE VOUCHER REQUIRED TO ESTABLISH THE FACT OF PAYMENT TO THE PERSON LEGALLY ENTITLED TO RECEIVE IT. A DISBURSING OFFICER IS ENTITLED TO CREDIT FOR LEGAL PAYMENTS ONLY UPON EVIDENCE OF THE RECEIPT IN THE PRESCRIBED FORM BY THE CREDITOR OF THE UNITED STATES OF THE AMOUNT OF THE CLAIMED PAYMENT. SUCH EVIDENCE HAS NOT BEEN FURNISHED IN THIS CASE AND CREDIT MAY NOT BE ALLOWED IN YOUR ACCOUNTS ON THE CERTIFICATE OF YOURSELF AND AFFIDAVIT OF THE ENLISTED MAN ALLEGING THAT HE WITNESSED THE PAYMENT TO PRIVATE JACKS.