B-24840, JUN 29, 1942

B-24840, JUN 29, 1942

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL TOM E. THRASHER, JR., A.P.M., USMC, RET.:

HEADQUARTERS, U.S. MARINE CORPS,

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE PAYMASTER, U.S. MARINE CORPS, YOUR LETTER OF MARCH 25, 1941, TRANSMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED, A VOUCHER STATED IN FAVOR OF CAPTAIN ALBERT F. MOE, U.S. MARINE CORPS, FOR $1,020 REPRESENTING A PER DIEM OF $6 IN LIEU OF SUBSISTENCE COVERING THE PERIOD JULY 1 TO DECEMBER 17, 1941, WHILE ON DUTY IN CHINA UNDER ORDERS HEREINAFTER REFERRED TO.

ORDERS OF THE SECRETARY OF THE NAVY, DATED MAY 24, 1938, TO CAPTAIN ALBERT F. MOE, PROVIDED:

"1. WHEN DIRECTED BY THE COMMANDANT, MARINE CORPS SCHOOLS, YOU WILL STAND DETACHED FROM YOUR PRESENT STATION AND DUTIES, WILL PROCEED TO THE NAVAL OPERATING BASE, NORFOLK, VA., AND REPORT TO THE COMMANDING OFFICER, USS CHAUMONT, FOR TRANSPORTATION TO THE ASIATIC STATION. YOU ARE AUTHORIZED TO DELAY IN REPORTING TO THE COMMANDING OFFICER, USS CHAUMONT, UNTIL 1 AUGUST, 1938.

"2. IN ACCORDANCE WITH YOUR REQUEST, YOU ARE AUTHORIZED TO PROCEED OVERLAND TO SAN FRANCISCO, CALIF., AT YOUR OWN EXPENSE WITH PERMISSION TO SUBMIT CLAIM FOR REIMBURSEMENT FOR ACTUAL EXPENSES NOT IN EXCESS OF THAT WHICH IT WOULD HAVE COST THE GOVERNMENT IF YOU AND YOUR DEPENDENTS PROCEEDED TO THAT PLACE VIA THE USS CHAUMONT. YOU ARE AUTHORIZED TO DELAY IN REPORTING TO THE COMMANDANT, 12TH NAVAL DISTRICT, UNTIL 11 SEPTEMBER, 1938, FOR TRANSPORTATION TO THE ASIATIC STATION. THE DELAY TAKEN BY YOU PRIOR TO 27 JULY, 1938, WILL BE CHARGED AS LEAVE.

"3. ON ARRIVAL ON THE ASIATIC STATION, YOU WILL REPORT, BY DISPATCH, TO THE COMMANDER-IN-CHIEF, ASIATIC FLEET; WILL PROCEED TO PEIPING, CHINA, AND REPORT TO THE AMERICAN AMBASSADOR, IN PERSON IF HE IS PRESENT OTHERWISE BY LETTER, AND TO THE NAVAL ATTACHE, AMERICAN EMBASSY, FOR DUTY AND FOR THE PURPOSE OF ACQUIRING A KNOWLEDGE OF THE CHINESE LANGUAGE.

"4. THE NAVAL ATTACHE, PEIPING, WILL HAVE SUPERVISION OVER ALL MATTERS CONNECTED WITH YOUR STUDY AND WILL MAKE QUARTERLY REPORTS OF YOUR PROGRESS. YOU WILL PERFORM SUCH TRAVEL FROM TIME TO TIME IN CONNECTION WITH YOUR DUTIES AS MAY BE DIRECTED BY THE NAVAL ATTACHE, PEIPING. FOR THIS TRAVEL AND WHILE AWAY FROM YOUR DESIGNATED POST OF DUTY, YOU WILL BE ALLOWED A PER DIEM OF SIX DOLLARS, IN ADDITION TO THE ACTUAL COST OF THE TRAVEL INVOLVED.

"5. THE NAVAL ATTACHE, PEIPING, IS HEREBY DIRECTED TO TAKE UP YOUR ACCOUNTS AND IS AUTHORIZED TO EXPEND FOR YOUR TUITION, TEXTBOOKS, STATIONERY, ETC., A SUM NOT TO EXCEED FIFTY DOLLARS PER MONTH FROM THE CURRENT APPROPRIATION, PAY, MISCELLANEOUS, NAVY.

"6. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE."

PURSUANT TO THESE ORDERS, AS MODIFIED WITH REFERENCE TO THE METHOD OF PROCEEDING, CAPTAIN MOE REPORTED TO THE EMBASSY OF THE UNITED STATES, OFFICE OF THE NAVAL ATTACHE, PEIPING, CHINA, OCTOBER 16, 1938.

ORDERS TO CAPTAIN MOE ISSUED BY THE NAVAL ATTACHE, PEIPING, CHINA, DATED FEBRUARY 17, 1941, PROVIDED AS FOLLOWS:

"SUBJECT: ORDERS - CHANGE OF STATION.

"REFERENCE: (A) SECNAV ORDERS, 04461-1 AN-196-ACD, DATED 24 MAY, 1938.

"1. IN ACCORDANCE WITH AUTHORITY CONTAINED IN REFERENCE (A), YOU WILL, ON OR ABOUT 1 MARCH, 1941, STAND DETACHED FROM YOUR PRESENT STATION, AND PROCEED FROM SHANGHAI, CHINA, TO CHUNGKING, CHINA, VIA SUCH MEANS OF TRANSPORTATION AS ARE AVAILABLE, INCLUDING TRAVEL UNDER FOREIGN FLAG AND TRAVEL VIA AIR BETWEEN HONGKONG, B.C.C., AND CHUNGKING, CHINA. UPON ARRIVAL AT CHUNGKING, CHINA, YOU WILL REPORT TO THE ASSISTANT NAVAL ATTACHE FOR DUTY OR FURTHER ORDERS.

"2. DURING THIS JOURNEY YOU WILL ACQUIRE SUCH INFORMATION AS IS PRACTICABLE AND OF INTEREST OR USE TO THIS OFFICE AND THE OFFICE OF NAVAL INTELLIGENCE.

"3. THE TRAVEL DIRECTED IN THESE ORDERS IS NECESSARY FOR THE PROPER PERFORMANCE OF YOUR DUTIES IN CONNECTION WITH YOUR STUDY OF THE CHINESE LANGUAGE, AND THE APPROVED SCHEDULE THEREOF; IT IS REQUIRED BY THE PUBLIC INTERESTS, AND IS HEREBY AUTHORIZED AND DIRECTED.

"4. IN THE PERFORMANCE OF THE ABOVE DUTY, UNTIL YOUR ARRIVAL AT CHUNGKING, CHINA, YOU SHALL HAVE A PER DIEM ALLOWANCE OF $6.00 IN LIEU OF SUBSISTENCE AND LODGINGS, IN ACCORDANCE WITH THE ACT OF 10 JUNE, 1922, SECTION 12."

PURSUANT TO THE ABOVE ORDERS, CAPTAIN MOE SAILED FROM SHANGHAI, CHINA, MARCH 9, 1941, AND ARRIVED AT CHUNGKING, CHINA, MARCH 18, 1941. THE ABOVE ORDERS WERE FOLLOWED BY ORDERS OF THE ASSISTANT NAVAL ATTACHE, CHUNGKING, CHINA, DATED MARCH 24, 1941, WHICH PROVIDED:

"REFERENCE:

(A) SECNAV ORDER, 04461-1 AN-196-ACD, DATED 24 MAY, 1938.

(B) NAVAL ATTACHE ORDERS, 00/MOE, A.F., CAPT., U.S.M.C. (37), DATED 17 FEBRUARY, 1941.

"1. IN ACCORDANCE WITH REFERENCE (B) AND ORAL INSTRUCTIONS RECEIVED BY THE UNDERSIGNED FROM THE NAVAL ATTACHE, YOU WILL STAND DETACHED ON OR ABOUT 27 MARCH 1941, AND WILL PROCEED VIA COMMERCIAL PLANE TO CHENGTU, CHINA, ON SPECIAL TEMPORARY DETACHED DUTY.

"2. WHILE ON THIS DUTY YOU WILL CONTINUE YOUR STUDY OF THE CHINESE LANGUAGE, AND YOU WILL IN ADDITION OBTAIN SUCH INFORMATION AS MAY BE OF VALUE TO THIS OFFICE OR THE OFFICE OF NAVAL INTELLIGENCE.

"3. DUE TO THE CONTINUOUS THREAT OF AIR ATTACK BY JAPANESE PLANES TO THE WESTERN REGION OF CHINA, YOU ARE AUTHORIZED TO MOVE AT YOUR DISCRETION TO NEARBY CITIES, IN THE PROVINCE OF SZECHUAN SUCH AS WILL ENABLE YOU BEST TO CARRY OUT THE PROVISIONS OF PARAGRAPH 2 ABOVE.

"4. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE. FOR ALL TRAVEL DIRECTED UNDER THESE ORDERS AND WHILE ON THIS SPECIAL TEMPORARY DETACHED DUTY YOU WILL BE ALLOWED A PER DIEM OF SIX DOLLARS IN LIEU OF SUBSISTENCE AND LODGING UNDER THE PROVISIONS OF ARTICLE 24 100(1), MARINE CORPS MANUAL."

ENDORSEMENTS THEREON INDICATE THAT THE OFFICER RECEIVED THE ABOVE ORDERS MARCH 24, 1941, AND ACCORDING TO THE ENDORSEMENTS THEREON:

"1. DEPARTED CHUNGKING, CHINA, BY AIR, VIA C.N.A.C. PLANE, AT 0930, 27 MARCH, 1941.

ARRIVED CHENGTU, CHINA, 27 MARCH, 1941, AND DISEMBARKED AT 1145.

"1. DEPARTED CHENGTU, CHINA, BY MILITARY CAR, AT 1100, 26 APRIL, 1941; ARRIVED KUAN HSIEN, CHINA, AT 1330 SAME DATE.

DEPARTED KUAN HSIEN, CHINA, BY MILITARY CAR, AT 1615, 27 APRIL, 1941; ARRIVED CHENGTU, CHINA, AT 1845 SAME DATE.

"1. DEPARTED CHENGTU, CHINA, BY MISSION TRUCK, AT 1230, 24 MAY, 1941; ARRIVED JENSHOU, CHINA, AT 1745 SAME DATE.

DEPARTED JENSHOU, CHINA, BY MISSION TRUCK, AT 1715, 25 MAY, 1941; ARRIVED CHENGTU, CHINA, AT 1845 SAME DATE.

"1. DEPARTED CHENGTU, CHINA, BY MILITARY CAR, AT 1115, 21 JUNE, 1941; ARRIVED HSINTU, CHINA, AT 1230 SAME DATE.

DEPARTED HSINTU, CHINA, BY MILITARY CAR, AT 1900, 22 JUNE, 1941; ARRIVED CHENGTU, CHINA, AT 2045 SAME DATE."

BY VOUCHER NO. 50-42, SEPTEMBER, 1941, ACCOUNTS OF MAJOR J. M. MCHUGH, USMC (SDA), NAVAL ATTACHE, AMERICAN EMBASSY, CHUNGKING, CHINA, CAPTAIN MOE WAS PAID, IN ADDITION TO TRANSPORTATION EXPENSES, $576 REPRESENTING PER DIEM OF $6 FOR 96 DAYS COVERING THE PERIOD MARCH 27 TO JUNE 30, 1941, INCLUSIVE.

THE VOUCHER PRESENTED BY YOU COVERS ADDITIONAL TRAVEL UNDER ORDERS OF MARCH 24, 1941, QUOTED ABOVE, AND ORDERS OF THE NAVAL ATTACHE, CHUNGKING, CHINA, DATED JULY 9, 1941, DIRECTING THE OFFICER ON OR ABOUT JULY 19, 1941, TO PROCEED FROM CHENGTU, CHINA, TO CHUNGKING, CHINA, AND REPORT TO THE NAVAL ATTACHE THEREAT FOR CONFERENCE AND FOR EXAMINATION IN HIS CHINESE STUDIES; 4TH ENDORSEMENT THEREON DATED JULY 24, 1941, DIRECTING CAPTAIN MOE ON OR ABOUT JULY 26, 1941, TO RETURN TO CHENGTU, CHINA, TO RESUME HIS DUTIES AT THAT PLACE; ORDERS OF SEPTEMBER 20, 1941, OF THE NAVAL ATTACHE, CHUNGKING, CHINA, TO CAPTAIN MOE, DIRECTING HIM ON OR ABOUT SEPTEMBER 25, 1941, TO PROCEED BY COMMERCIAL AIR TRANSPORTATION FROM CHENGTU, CHINA, TO CHUNGKING, CHINA, AND REPORT TO THE NAVAL ATTACHE AT THAT PLACE FOR SPECIAL TEMPORARY DUTY; AND 4TH ENDORSEMENT THEREON DATED SEPTEMBER 27, 1941, OF THE NAVAL ATTACHE, CHUNGKING, CHINA, DIRECTING THE OFFICER, SPECIAL TEMPORARY DUTY HAVING BEEN COMPLETED ON THAT DATE, TO RETURN TO CHENGTU, CHINA, AND RESUME SPECIAL TEMPORARY DUTY AT THAT PLACE. ON OCTOBER 18, 1941, CAPTAIN MOE WAS DIRECTED BY THE NAVAL ATTACHE, CHUNGKING, TO PROCEED ON OR ABOUT NOVEMBER 6, 1941, BY COMMERCIAL AIR TRANSPORTATION FROM CHENGTU, CHINA, TO CHUNGKING, CHINA, AND REPORT TO THE NAVAL ATTACHE FOR SPECIAL TEMPORARY DUTY AND BY 4TH ENDORSEMENT OF THE NAVAL ATTACHE DATED DECEMBER 4, 1941, THE SPECIAL TEMPORARY DUTY HAVING BEEN COMPLETED ON THAT DATE, CAPTAIN MOE WAS DIRECTED TO RETURN TO CHENGTU, CHINA, BY COMMERCIAL PLANE AND RESUME SPECIAL TEMPORARY DETACHED DUTY AT THAT PLACE.

ORDERS ISSUED BY THE NAVAL ATTACHE, CHUNGKING, CHINA, DECEMBER 15, 1941, TO CAPTAIN ALBERT F. MOE, PROVIDED:

"1. ON OR ABOUT 18 DECEMBER, 1941, YOU WILL PROCEED VIA CHINA NATIONAL AVIATION CORPORATION PLANE FROM CHENGTU, CHINA, TO CHUNGKING, CHINA, AND REPORT TO THE NAVAL ATTACHE FOR DUTY. INSTRUCTIONS HAVE BEEN RECEIVED FROM HEADQUARTERS, MARINE CORPS, TO ORDER YOU TO THE UNITED STATES VIA FIRST AVAILABLE TRANSPORTATION.

"2. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC INTEREST."

THE TRAVEL OF THE OFFICER SUBSEQUENT TO JUNE 30, 1941, UNDER THE SERIES OF ORDERS AND ENDORSEMENTS HEREINBEFORE REFERRED TO HAS BEEN EPITOMIZED AS FOLLOWS:

"1. DEPARTED CHENGTU, CHINA, BY COMMERCIAL AIRPLANE, AT 1215, 19 JULY, 1941; ARRIVED CHUNGKING, CHINA, AT 1330, SAME DATE.

"DEPARTED CHUNGKING, CHINA, BY SAMPAN, RICKSHA AND SEDAN CHAIR FOR AIRFIELD AT 0230, 24 JULY, 1941; RETURNED FROM AIRFIELD TO CHUNGKING, CHINA, AT 1520, SAME DATE, AFTER CANCELLATION OF FLIGHT.

"DEPARTED CHUNGKING, CHINA, BY SAMPAN, RICKSHA AND SEDAN CHAIR FOR AIRFIELD AT 0230, 31 JULY, 1941; RETURNED FROM AIRFIELD TO CHUNGKING, CHINA, AT 1300, SAME DATE, AFTER CANCELLATION OF FLIGHT.

"DEPARTED CHUNGKING, CHINA, BY CHINESE MILITARY COMMISSION AIRPLANE, AT 0805, 3 AUGUST, 1941; ARRIVED CHENGTU, CHINA, AT 0950, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY CAR, AT 0900, 30 AUGUST, 1941; ARRIVED HANCHOU, CHINA, AT 1145, SAME DATE.

"DEPARTED HANCHOU, CHINA, BY CAR, AT 1415, 31 AUGUST, 1941; ARRIVED CHENGTU, CHINA, AT 1830, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY CAR, AT 0630, 12 SEPTEMBER, 1941; ARRIVED KUAN HSIEN, CHINA, AT 0945, SAME DATE.

"DEPARTED KUAN HSIEN, CHINA, BY CAR, AT 1700, 14 SEPTEMBER, 1941; ARRIVED CHENGTU, CHINA, AT 2015, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY C.N.A.C. PLANE, AT 1210, 25 SEPTEMBER, 1941; ARRIVED CHUNGKING, CHINA, AT 1325, SAME DATE.

"DEPARTED CHUNGKING, CHINA, BY C.N.A.C. PLANE, AT 1210, 27 SEPTEMBER, 1941; ARRIVED CHENGTU, CHINA, AT 1325, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY CAR, AT 0515, 8 OCTOBER, 1941; ARRIVED JENSHOU, CHINA, AT 1130, SAME DATE.

"DEPARTED JENSHOU, CHINA, BY CAR, AT 1830, 14 OCTOBER, 1941; ARRIVED CHENGTU, CHINA, AT 2345, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY C.N.A.C. PLANE, AT 1045, 6 NOVEMBER, 1941; ARRIVED CHUNGKING, CHINA, AT 1155, SAME DATE.

"DEPARTED CHUNGKING, CHINA, BY C.N.A.C. PLANE, AT 0935, 4 DECEMBER, 1941; ARRIVED CHENGTU, CHINA, AT 1055, SAME DATE.

"DEPARTED CHENGTU, CHINA, BY C.N.A.C. PLANE, AT 1035, 18 DECEMBER, 1941; ARRIVED CHUNGKING, CHINA, AT 1155, SAME DATE."

UPON REPORTING AT PEIPING, CHINA, UNDER THE ORDERS OF THE SECRETARY OF THE NAVY, DATED MAY 24, 1938, FOR STUDY OF THE CHINESE LANGUAGE, THAT PLACE BECAME CAPTAIN MOE'S POST OF DUTY AND SO REMAINED UNTIL FEBRUARY 28, 1941, DATE OF DETACHMENT THEREFROM, UNDER THE ORDERS OF THE NAVAL ATTACHE, DATED FEBRUARY 17, 1941. IMMEDIATELY UPON REPORTING AT CHUNGKING, CHINA, THE OFFICER WAS MET BY THE ORDERS OF MARCH 24, 1941, WHICH DETACHED HIM ON OR ABOUT MARCH 27, 1941, FROM CHUNGKING. WITHIN CONTEMPLATION OF SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AS AMENDED, CHENGTU, CHINA, BECAME THE OFFICER'S DESIGNATED POST OF DUTY AND ASIDE FROM THE SHORT ABSENCES TO THE PLACES HEREINBEFORE INDICATED,-- INCLUDING THE SPECIAL TEMPORARY DUTY AT CHUNGKING,-- CHENGTU, CHINA, BECAME AND REMAINED THE OFFICER'S DESIGNATED POST OF DUTY BETWEEN MARCH 27 AND DECEMBER 18, 1941, WHEN HE ARRIVED AT CHUNGKING, UNDER THE ORDERS OF THE NAVAL ATTACHE DATED DECEMBER 15, 1941. SINCE ALL OF THE ORDERS ISSUED SUBSEQUENT TO THE BASIC ORDERS OF THE SECRETARY OF THE NAVY DATED MAY 24, 1938, WERE MERELY ANCILLARY AND INCIDENTAL THERETO, AND HAVING BEEN ISSUED UNDER CONDITIONS NECESSITATING THE STUDY OF THE CHINESE LANGUAGE AT A PLACE AWAY FROM THE AMERICAN EMBASSY, THE CONCLUSION APPEARS TO BE INESCAPABLE THAT THE STATUS OF THE OFFICER WHILE AT CHENGTU, CHINA, EXCEPT FOR THE BRIEF ABSENCES THEREFROM WAS NOT MATERIALLY DIFFERENT THAN WHEN PURSUING HIS STUDIES IN PEIPING, CHINA. IT IS TO BE NOTED THE VOUCHER PRESENTED BY YOU INCLUDES THE PER DIEM WITHOUT BREAK FROM JULY 1 TO DECEMBER 17, 1941, WHILE AT BOTH CHENGTU AND CHUNGKING. BOTH THESE PLACES OBVIOUSLY WERE NOT THE OFFICER'S DESIGNATED POST OF DUTY UNDER THE PROVISION OF THE STATUTE PROVIDING FOR A PER DIEM WHILE TRAVELING ON DUTY AWAY FROM HIS DESIGNATED POST OF DUTY. INASMUCH AS THE RECORD INDICATES THAT CHENGTU, CHINA, WAS THE OFFICER'S DESIGNATED POST OF DUTY FROM MARCH 27 TO DECEMBER 18, 1941, FOR THE PURPOSE OF ACQUIRING A KNOWLEDGE OF THE CHINESE LANGUAGE, A PER DIEM WHILE SERVING AT THAT PLACE IS NOT AUTHORIZED. ACCORDINGLY THE ONLY PERIODS FOR WHICH PER DIEM IS PROPERLY ALLOWABLE SUBSEQUENT TO MARCH 27, 1941, ARE THOSE WHILE THE OFFICER WAS TRAVELING AWAY FROM CHENGTU, CHINA, INCLUDING THE PERIODS OF TEMPORARY DUTY AT CHUNGKING. SINCE THE AMOUNT DUE ON THE VOUCHER PRESENTED BY YOU AS A PER DIEM, WHICH WOULD ONLY INCLUDE THOSE PERIODS WHILE AWAY FROM CHENGTU IN THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY AT CHUNGKING, HANCHOW, KUAN-HSIEN AND JENSHOU, IS EXCEEDED BY THE AMOUNT OF PER DIEM ERRONEOUSLY PAID ON VOUCHER 50-42, SEPTEMBER 1941 ACCOUNTS OF MAJOR J. M. MCHUGH, WHILE CAPTAIN MOE WAS PURSUING STUDY OF THE CHINESE LANGUAGE AT CHENGTU, BETWEEN MARCH 27 AND JUNE 30, 1941, THE AMOUNT DUE FOR THE PERIOD SUBSEQUENT TO JUNE 30, 1941, WILL BE APPLIED PARTIALLY TO OFFSET SUCH ERRONEOUS PAYMENT. ADJUSTMENT WILL BE MADE IN THIS OFFICE IN THE USUAL MANNER.