A-743, JULY 2, 1924, 4 COMP. GEN. 11

A-743: Jul 2, 1924

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THE DESTRUCTION OF THEIR PERSONAL PROPERTY BY FIRE WHILE ATTENDING SUCH CAMPS IS THE LOSS OF PRIVATE PROPERTY "INCIDENT TO THE TRAINING. AS THE VALUE OF PERSONAL PROPERTY LOST BY THEM IN A FIRE WHICH DESTROYED THE TENT THEY WERE OCCUPYING AUGUST 9. OR MAINTENANCE OF THE ARMY THAT HAVE ACCRUED. PAYMENT THEREOF WILL BE ACCEPTED BY THE OWNERS OF THE PROPERTY IN FULL SATISFACTION OF SUCH DAMAGES. WHILE THIS ANNUAL APPROPRIATION IN ITS PRESENT LANGUAGE IS NOT APPLICABLE TO ARMY PERSONNEL. THOSE DECISIONS ARE NOT APPLICABLE TO THE FACTS OF THIS CASE. THESE CLAIMANTS WERE CIVILIANS IN TRAINING WITHOUT PAY. THEY WERE NOT A PART OF THE ARMY. ARMY FACILITIES AND PERSONNEL WERE BEING UTILIZED IN THEIR TRAINING.

A-743, JULY 2, 1924, 4 COMP. GEN. 11

CIVILIAN MILITARY TRAINING CAMPS - LOSS OF PRIVATE PROPERTY BY CIVILIAN ATTENDANTS THE ATTENDANCE OF CIVILIANS AT THE CIVILIAN MILITARY TRAINING CAMPS DOES NOT DEPRIVE THEM OF THEIR CIVILIAN STATUS, AND THE DESTRUCTION OF THEIR PERSONAL PROPERTY BY FIRE WHILE ATTENDING SUCH CAMPS IS THE LOSS OF PRIVATE PROPERTY "INCIDENT TO THE TRAINING, PRACTICE, OPERATION, OR MAINTENANCE OF THE ARMY" AND REIMBURSABLE UNDER THE ANNUAL APPROPRIATION ACTS FOR THAT PURPOSE.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 2, 1924:

THE SECRETARY OF WAR, DECEMBER 10, 1923, APPROVED THE CLAIM OF ALFRED D. FOSTER FOR $13, EDWIN H. MCNAMER FOR $45, IRVING KAUSEN FOR $51, CHARLES F. CONNOR FOR $63.50, AND CHESTER F. REAS FOR $68.50, AS THE VALUE OF PERSONAL PROPERTY LOST BY THEM IN A FIRE WHICH DESTROYED THE TENT THEY WERE OCCUPYING AUGUST 9, 1923, WHILE IN ATTENDANCE AT THE CIVILIAN MILITARY TRAINING CAMP HELD AT DEL MONTE, CALIF., AND HAS TRANSMITTED THE CLAIMS OF THIS OFFICE RECOMMENDING PAYMENT FROM FUNDS PROVIDED BY THE ACT OF MARCH 2, 1923, 42 STAT. 1386, FOR THE FISCAL YEAR CURRENT WHEN THE LOSSES OCCURRED, FOR THE---

* * * PAYMENT OF CLAIMS NOT TO EXCEED $500 IN AMOUNT FOR DAMAGES TO AND LOSS OF PRIVATE PROPERTY INCIDENT TO THE TRAINING, PRACTICE, OPERATION, OR MAINTENANCE OF THE ARMY THAT HAVE ACCRUED, OR MAY HEREAFTER ACCRUE, FROM TIME TO TIME * * *: PROVIDED, THAT SETTLEMENT OF SUCH CLAIMS SHALL BE MADE BY THE GENERAL ACCOUNTING OFFICE, UPON THE APPROVAL AND RECOMMENDATION OF THE SECRETARY OF WAR, WHERE THE AMOUNT OF DAMAGES HAS BEEN ASCERTAINED BY THE WAR DEPARTMENT, AND PAYMENT THEREOF WILL BE ACCEPTED BY THE OWNERS OF THE PROPERTY IN FULL SATISFACTION OF SUCH DAMAGES.

WHILE THIS ANNUAL APPROPRIATION IN ITS PRESENT LANGUAGE IS NOT APPLICABLE TO ARMY PERSONNEL, 26 COMP. DEC. 826; 3 COMP. GEN. 22, NOR TO CIVILIANS EMPLOYED BY OR ATTACHED TO THE ARMY, 27 COMP. DEC. 672; 3 COMP. GEN. 160, THOSE DECISIONS ARE NOT APPLICABLE TO THE FACTS OF THIS CASE.

THE ACT OF JUNE 4, 1920, 41 STAT. 779, AUTHORIZED THE SECRETARY OF WAR "TO MAINTAIN, UPON MILITARY RESERVATIONS OR ELSEWHERE, SCHOOLS OR CAMPS FOR THE MILITARY INSTRUCTION AND TRAINING, WITH A VIEW TO THEIR APPOINTMENT AS RESERVE OFFICERS OR NONCOMMISSIONED OFFICERS, OF SUCH WARRANT OFFICERS, ENLISTED MEN, AND CIVILIANS AS MAY BE SELECTED UPON THEIR OWN APPLICATION," AND TO PAY FROM APPROPRIATIONS MADE FROM TIME TO TIME FOR "WATER, FUEL, LIGHT, TEMPORARY STRUCTURES, NOT INCLUDING QUARTERS FOR OFFICERS NOR BARRACKS FOR MEN, SCREENING, AND DAMAGES RESULTING FROM FIELD EXERCISES, AND OTHER EXPENSES INCIDENTAL TO THE MAINTENANCE OF SAID CAMPS," AND "TO EMPLOY THEREAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE REGULAR ARMY IN SUCH NUMBERS AND UPON SUCH DUTIES AS HE MAY DESIGNATE.' THE ACT OF MARCH 2, 1923, 42 STAT. 1382, 1383, PROVIDED FUNDS FOR THE EXPENSES OF "CIVILIAN MILITARY TRAINING CAMPS" DURING THE FISCAL YEAR CURRENT WHEN THE LOSSES IN THE INSTANT CASE OCCURRED.

THESE CLAIMANTS WERE CIVILIANS IN TRAINING WITHOUT PAY. THEY WERE NOT A PART OF THE ARMY, BUT ARMY FACILITIES AND PERSONNEL WERE BEING UTILIZED IN THEIR TRAINING. SUCH TRAINING WAS INCIDENT TO THE TRAINING AND PRACTICE OF THE ARMY IN THE BROADEST SENSE AND THE DAMAGE RESULTED THEREFROM. THE CLAIMS HERE IN QUESTION ARE OF THE CLASS OF SMALL CLAIMS, FOR WHICH A PROMPT REMEDY WAS DESIGNED TO BE AFFORDED BY THE ANNUAL APPROPRIATION ACTS. THE CLAIMANTS WERE ENTITLED TO RELIEF UNDER THE STATUTE FOR ANY LOSS OR DAMAGE SUFFERED BY THEM INCIDENT TO THE TRAINING, PRACTICE, TC., OF THE ARMY BEFORE THEY ENTERED THE TRAINING CAMP, AND THEIR ENTRY INTO THE CAMP FOR TRAINING, WITHOUT PAY AND WITHOUT LOSING THEIR CIVILIAN STATUS, DOES NOT DEPRIVE THEM OF THE BENEFITS OF THE STATUE. THE CLAIMS MAY BE PAID ACCORDINGLY.