B-18688, SEPTEMBER 4, 1941, 21 COMP. GEN. 195

B-18688: Sep 4, 1941

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OF AN ARMY OFFICER'S WIFE AND TWO MINOR CHILDREN WAS INTERRUPTED BY THE OFFICIAL ACTION OF A PORT SURGEON IN ORDERING THE REMOVAL OF ONE OF THE CHILDREN FROM THE TRANSPORT BECAUSE THE CHILD HAD CONTRACTED A CONTAGIOUS DISEASE. THE USE OF RAIL TRANSPORTATION TO COMPLETE THE TRAVEL TO THE OFFICER'S NEW STATION WAS NECESSITATED BY THE DISCONTINUANCE OF TRANSPORT SERVICE FOR DEPENDENTS. REQUESTING A DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER. THE FACTS AND CIRCUMSTANCES FORMING THE BASIS OF THIS OFFICER'S CLAIM ARE SET OUT IN THE SECOND PARAGRAPH OF YOUR LETTER AS FOLLOWS: FROM THE INFORMATION FURNISHED WITH THIS VOUCHER. IT APPEARS THAT THE OFFICER WAS RELIEVED FROM DUTY AT SCHOFIELD BARRACKS.

B-18688, SEPTEMBER 4, 1941, 21 COMP. GEN. 195

TRANSPORTATION - DEPENDENTS - DELAYED TRAVEL - ILLNESS EN ROUTE WHERE THE TRAVEL BY ARMY TRANSPORT, IN CONNECTION WITH A CHANGE OF STATION, OF AN ARMY OFFICER'S WIFE AND TWO MINOR CHILDREN WAS INTERRUPTED BY THE OFFICIAL ACTION OF A PORT SURGEON IN ORDERING THE REMOVAL OF ONE OF THE CHILDREN FROM THE TRANSPORT BECAUSE THE CHILD HAD CONTRACTED A CONTAGIOUS DISEASE, AND THE USE OF RAIL TRANSPORTATION TO COMPLETE THE TRAVEL TO THE OFFICER'S NEW STATION WAS NECESSITATED BY THE DISCONTINUANCE OF TRANSPORT SERVICE FOR DEPENDENTS, THE OFFICER MAY BE REIMBURSED THE COMMERCIAL COST OF THE RAIL TRANSPORTATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. W. M. DIXON, UNITED STATES ARMY, SEPTEMBER 4, 1941:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JUNE 30, 1941, REQUESTING A DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER, ENCLOSED THEREWITH, IN FAVOR OF MAJ. GEORGE C. STEWART ( INF.), .S.C., UNITED STATES ARMY, COVERING HIS CLAIM FOR REIMBURSEMENT OF THE COMMERCIAL COST OF TRANSPORTATION OF HIS DEPENDENTS (WIFE AND TWO MINOR SONS) FROM SAN FRANCISCO, CALIF., TO WASHINGTON, D.C. THE FACTS AND CIRCUMSTANCES FORMING THE BASIS OF THIS OFFICER'S CLAIM ARE SET OUT IN THE SECOND PARAGRAPH OF YOUR LETTER AS FOLLOWS:

FROM THE INFORMATION FURNISHED WITH THIS VOUCHER, IT APPEARS THAT THE OFFICER WAS RELIEVED FROM DUTY AT SCHOFIELD BARRACKS, T.H., AND ASSIGNED TO DUTY AT FORT BENNING, GEORGIA. HE WAS DIRECTED TO PROCEED BY ARMY TRANSPORT FROM HONOLULU, T.H., TO NEW YORK, N.Y., VIA PANAMA CANAL. THIS OFFICER, WHILE ON LEAVE OF ABSENCE, WAS RELIEVED FROM ASSIGNMENT AT FORT BENNING, GEORGIA, AND ASSIGNED TO DUTY AT WASHINGTON, D.C. IT APPEARS THAT UPON ARRIVAL AT SAN FRANCISCO, CALIFORNIA, THAT A MINOR SON, MICHAEL J. STEWART, AGE 7, CONTRACTED MEASLES AND THAT IT WAS NECESSARY FOR THE OFFICER'S WIFE, THE MOTHER OF THE CHILD, TO ACCOMPANY THE CHILD TO LETTERMAN GENERAL HOSPITAL. ANOTHER CHILD, JOHN P. STEWART, AGE 11, ALSO ACCOMPANIED THE MOTHER. THE OFFICER AND HIS OTHER SON, GEORGE C. STEWART, AGE 16, TRAVELED BY TRANSPORT FROM SAN FRANCISCO, CALIFORNIA, TO NEW YORK, N.Y. AT THE TIME OF RELEASE FROM THE HOSPITAL, TRAVEL OF DEPENDENTS BY TRANSPORT THRU THE PANAMA CANAL HAD BEEN BARRED BY THE WAR DEPARTMENT. THE VOUCHER SHOWS THAT DEPENDENTS TRAVELED FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C., BETWEEN THE DATES OF MAY 21 AND MAY 25, 1941.

A LETTER TO THE ADJUTANT GENERAL FROM MAJOR STEWART, DATED JUNE 2, 1941, IS AS FOLLOWS: UBJECT: AUTHORITY TO DRAW RAIL TRANSPORTATION FOR DEPENDENTS.

1. SPECIAL ORDER 58, HEADQUARTERS HAWAIIAN DEPARTMENT, DIRECTED MY TRAVEL FROM HONOLULU, T.H., TO FORT BENNING, GEORGIA, AND SPECIFIED THAT TRAVEL BE BY ARMY TRANSPORT FROM HONOLULU, T.H., TO NEW YORK.

A. BY ORDER OF THE PORT SURGEON, MY FAMILY WAS REMOVED FROM THE TRANSPORT AT SAN FRANCISCO, CALIFORNIA, BECAUSE OF MEASLES CONTRACTED BY MY YOUNGEST SON. I COMPLETED THE VOYAGE TO NEW YORK.

B. AFTER MY ARRIVAL IN NEW YORK AND PRIOR TO REPORTING FOR DUTY AT FORT BENNING, GEORGIA, NEW ORDERS (PARAGRAPH 26, SPECIAL ORDER 109, WAR DEPARTMENT, MAY 10, 1941) WERE ISSUED DIRECTING ME TO REPORT FOR DUTY IN THE OFFICE OF THE CHIEF OF STAFF, WASHINGTON, D.C.

C. MY FAMILY COMPLETED THE JOURNEY TO WASHINGTON, D.C., TRAVELING BY RAIL FROM SAN FRANCISCO, CALIFORNIA, AND ARRIVING HERE APRIL 25, 1941.

D. NO TRAVEL BY ARMY TRANSPORT FROM SAN FRANCISCO TO NEW YORK WAS AVAILABLE AFTER THE DATE OF THE REMOVAL OF MY FAMILY FROM THE TRANSPORT IN SAN FRANCISCO. THIS WAS DUE TO THE SUSPENSION OF INTERCOAST ARMY TRANSPORT SERVICE.

2. IT IS REQUESTED THAT MY ORDERS BE AMENDED SO AS TO AUTHORIZE ME TO DRAW TRANSPORTATION BY RAIL FOR MY WIFE AND TWO SONS FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C.

THERE WAS SUBMITTED WITH THE FOREGOING LETTER A COPY OF A CERTIFICATE EXECUTED BY THE TRANSPORT SURGEON, U.S.A.T. HUNTER LIGGETT, UNDER DATE OF APRIL 12, 1941, WHICH READS AS FOLLOWS:

THIS IS TO CERTIFY THAT MICHAEL J. STEWART, AGE SEVEN YEARS, SON OF MAJOR GEORGE C. STEWART, INFANTRY, CONTRACTED MEASLES ABOARD THE U.S.A.T. HUNTER LIGGETT WHILE IN PORT AT SAN FRANCISCO.

PATIENT WAS REMOVED FROM THE TRANSPORT AND ISOLATED IN LETTERMAN GENERAL HOSPITAL BY ORDER OF THE PORT SURGEON. IT WAS NECESSARY FOR THE MOTHER TO ACCOMPANY THE CHILD FOR ITS SUPERVISION AND CARE.

PARAGRAPH 7 OF ARMY REGULATIONS NO. 30-1150 AND PARAGRAPH 5-A OF ARMY REGULATIONS NO. 615-250, PROVIDE, RESPECTIVELY, AS FOLLOWS:

7. QUARANTINE.--- THE TRANSPORT SURGEON WILL CAREFULLY OBSERVE QUARANTINE REGULATIONS AT HOME AND FOREIGN PORTS AND AT INFECTED PORTS WILL TAKE THE NECESSARY PRECAUTIONS TO PREVENT THE EMBARKATION OF INFECTED PERSONS OR PROPERTY. HE WILL PERSONALLY EXAMINE ALL PERSONS COMING ABOARD AT INFECTED PORTS WHO ARE UNPROVIDED WITH HEALTH CERTIFICATES BY PROPER AUTHORITY AND WILL RECOMMEND IN WRITING TO THE COMMANDING OFFICER OF TROOPS SUCH ACTION AS MAY BE NECESSARY TO AVOID INFECTION OF THE SHIP.

5. PHYSICAL INSPECTION PRIOR TO EMBARKATION.--- A. GENERAL.--- ALL PERSONS AUTHORIZED TO EMBARK ON A TRANSPORT FOR PASSAGE BEYOND THE SEA WILL BE PHYSICALLY INSPECTED BY A MEDICAL OFFICER WITHIN 48 HOURS PRIOR TO EMBARKATION.

(1) PURPOSE.--- (A) THE PRINCIPAL OBJECT OF CONDUCTING SUCH AN INSPECTION IS TO DETECT ANY CASES OF COMMUNICABLE DISEASES, IN ORDER THAT THE PERSONS AFFLICTED THEREWITH MAY BE PREVENTED FROM GOING ABOARD A TRANSPORT WHEN THE INSPECTING OFFICER DEEMS THEIR PRESENCE ON BOARD A MENACE TO THE HEALTH OF THE COMMAND.

(B) NO PERSON CONSIDERED INIMICAL TO THE HEALTH OF THE COMMAND WILL BE PERMITTED TO PROCEED OVERSEAS. ALL SUCH CASES SHOULD BE DETAINED AND DISPOSED OF AT THEIR STATIONS BEFORE BEING ALLOWED TO DEPART FOR THE PORT OF EMBARKATION.

(C) CASES DISCOVERED EN ROUTE TO OR AT THE PORT OF EMBARKATION WILL BE DISPOSED OF BEFORE EMBARKATION.

IT APPEARS THAT THE OVERLAND TRAVEL BY THE DEPENDENTS WAS NECESSITATED BY THE AUTHORIZED ACTION OF GOVERNMENT OFFICERS, FIRST, IN REFUSING TO ALLOW THE OFFICER'S YOUNGEST SON TO CONTINUE THE JOURNEY BY THE OTHERWISE AVAILABLE TRANSPORT, AND SECONDLY, BY THE DISCONTINUANCE OF TRANSPORT SERVICE. THE OFFICER WAS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND, SUBJECT TO THE CONDITION THAT THE COST OF THE GOVERNMENT BE NOT INCREASED BECAUSE OF UNREASONABLE DELAY FOR PERSONAL CONVENIENCE, THE DEPENDENTS COULD HAVE TRAVELED TO THE NEW STATION AT GOVERNMENT EXPENSE AT ANY TIME BEFORE THE OFFICER'S STATION WAS AGAIN CHANGED. THE DELAYED TRAVEL IN THIS CASE WAS NOT FOR PERSONAL CONVENIENCE BUT WAS CAUSED BY THE GOVERNMENT, ACTING THROUGH ITS DULY AUTHORIZED AGENTS.

ACCORDINGLY, THE VOUCHER COVERING COMMERCIAL COST OF TRANSPORTATION OF THE WIFE AND TWO SONS OF MAJOR STEWART, FROM SAN FRANCISCO, CALIF., TO WASHINGTON, D.C., IS RETURNED HEREWITH AND YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON, IF OTHERWISE CORRECT.