B-27083, JULY 31, 1942, 22 COMP. GEN. 99

B-27083, JULY 31, 1942, 22 COMP. GEN. 99

LOSS OR DAMAGE IN TRANSIT TO PERSONAL EFFECTS OF MILITARY PERSONNEL - HAND BAGGAGE IN CUSTODY OF OWNER, DISTINGUISHED PERSONAL EFFECTS OF AN ARMY ENLISTED MAN WHICH WERE TURNED OVER TO THE PROPER AUTHORITIES FOR TRANSPORTATION UNDER ORDERS FOR PERMANENT CHANGE OF STATION WHICH REQUIRED THE EFFECTS TO BE TRANSPORTED ON THE SAME MILITARY PLANE ON WHICH HE WAS TO BE TRANSPORTED WERE NOT HAND BAGGAGE IN THE CUSTODY OF THE MAN DURING SUCH TRANSPORTATION BUT WERE THE AUTHORIZED CHANGE OF STATION ALLOWANCE FOR WHICH PAYMENT OF AN OTHERWISE PROPER CLAIM UNDER THE ACT OF MARCH 4, 1921, ON ACCOUNT OF DAMAGE THERETO OR LOSS THEREOF WHILE BEING SO TRANSPORTED IS AUTHORIZED. 27 COMP. DEC. 469, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. M. DIXON, UNITED STATES ARMY, JULY 31, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 19, 1942, REQUESTING DECISION WHETHER IN VIEW OF THE FACTS AS DETERMINED BY THE SECRETARY OF WAR PAYMENT IS AUTHORIZED ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF PRIVATE FIRST CLASS WILLIAM M. EDWARDS, AIR CORPS, UNITED STATES ARMY, IN THE AMOUNT OF $171.45, COVERING HIS CLAIM UNDER THE ACT OF MARCH 4, 1921, 41 STAT. 1436. THE FACTS AS FOUND BY THE BOARD OF OFFICERS WHICH MET MAY 8, 1942, IN THE OFFICE, CHIEF OF FINANCE, AND APPROVED BY THE SECRETARY OF WAR, ARE STATED AS FOLLOWS:

THAT BY PARAGRAPH 1, S.O. NUMBER 256, FT. DOUGLAS, UTAH, DATED NOVEMBER 14, 1941, PFC. WILLIAM M. EDWARDS, AIR CORPS, 88TH RECONNAISSANCE SQUADRON, WAS RELIEVED OF ASSIGNMENT AND DUTY AT FT. DOUGLAS, UTAH, AND WAS ORDERED TO THE SAN FRANCISCO AREA, FOR PERMANENT CHANGE OF STATION AND TRANSFER TO FOREIGN SERVICE.

ON OR ABOUT JANUARY 8, 1942, AT ABOUT 8:30 P.M., AIRPLANE LB-30, CARRYING PFC. WILLIAM M. EDWARDS, THE CREW AND OFFICERS, CRASHED NEAR HANNA, WYOMING, EN ROUTE FROM FT. DOUGLAS, UTAH, TO SAN FRANCISCO, CALIFORNIA, WHILE FLYING BETWEEN MOLINE, ILLINOIS, AND SALT LAKE CITY, UTAH. DUE TO BAD FLYING CONDITIONS, WHICH CAUSED THE PLANE TO LOSE POWER AND THE EMERGENCY EQUIPMENT PROVING OF NO VALUE, THE PILOT ORDERED THE CREW TO "BAIL OUT" WITH THE RESULT THAT THE PLANE CRASHED AND DESTROYED IN THE RESULTING FIRE, ALL THE PERSONAL PROPERTY, HEREINAFTER LISTED, BELONGING TO PFC. WILLIAM M. EDWARDS. THE LOSS WAS NOT COVERED BY INSURANCE.

THE BOARD FURTHER FINDS THAT THE LOSS OCCURRED INCIDENT TO CLAIMANT'S TRAVEL UNDER COMPETENT PERMANENT CHANGE-OF-STATION ORDERS; THAT THE PROPERTY, THE REIMBURSEMENT FOR THE LOSS OF WHICH IS RECOMMENDED HEREIN, WAS REQUIRED TO BE POSSESSED AND USED BY THE CLAIMANT, OR WAS REASONABLE, USEFUL, NECESSARY, AND PROPER FOR THE CLAIMANT TO HAVE IN HIS POSSESSION IN THE PUBLIC SERVICE IN THE LINE OF DUTY, WHILE IN QUARTERS, OR IN THE FIELD; THAT THE DAMAGE OCCURRED UNDER THE CIRCUMSTANCES ASCERTAINED AND DETERMINED AS SET FORTH ABOVE, WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE CLAIMANT, AND FALLS WITHIN THE PROVISIONS OF PARAGRAPH 3, OF SECTION 1 OF THE ACT OF MARCH 4, 1921, THAT SOME OF THE ITEMS CAN BE REPLACED IN KIND FROM GOVERNMENT PROPERTY ON HAND; AND THAT THE AMOUNT RECOMMENDED FOR THE REIMBURSEMENT OF THE CLAIMANT FOR DAMAGE TO EACH AND EVERY ARTICLE REPRESENTS THE REASONABLE VALUE OF THE PROPERTY SO LOST AS SHOWN ON ATTACHED LIST.

THE THIRD CONDITION OF SECTION 1 OF THE ACT OF MARCH 4, 1921, 41 STAT. 1436, PROVIDES THAT:

THIRD. WHEN DURING TRAVEL UNDER ORDERS SUCH PRIVATE PROPERTY, INCLUDING THE REGULATING ALLOWANCE OF BAGGAGE, TRANSFERRED BY A COMMON CARRIER, OR OTHERWISE TRANSPORTED BY THE PROPER AGENT OR AGENCY OF THE UNITED STATES GOVERNMENT, IS LOST, DAMAGED, OR DESTROYED; BUT REPLACEMENT, RECOUPMENT, OR COMMUTATION IN THESE CIRCUMSTANCES, WHERE THE PROPERTY WAS OR SHALL BE TRANSPORTED BY A COMMON CARRIER, SHALL BE LIMITED TO THE EXTENT OF SUCH LOSS, DAMAGE, OR DESTRUCTION OVER AND ABOVE THE AMOUNT RECOVERABLE FROM SAID CARRIER.

IT WAS HELD IN 27 COMP. DEC. 469, AND THE RULE STATED THEREIN HAS BEEN CONSISTENTLY FOLLOWED, THAT "THE REGULATION ALLOWANCE OF BAGGAGE" OF OFFICERS AND ENLISTED MEN, DOES NOT INCLUDE HAND BAGGAGE IF LOST OR DAMAGED WHILE IN THE POSSESSION OF THE TRAVELER BEING TRANSFERRED IN THE MILITARY SERVICE. THE REGULATION ALLOWANCE OF BAGGAGE, IN ITS USUAL APPLICATION, HAS REFERENCE TO THE BAGGAGE AUTHORIZED TO BE PACKED, CRATED, AND SHIPPED BY FREIGHT AT PUBLIC EXPENSE ON TEMPORARY AND PERMANENT CHANGE OF STATION, IN THE WEIGHTS AND UNDER THE CONDITIONS PRESCRIBED IN ARMY REGULATIONS 30-960. HOWEVER, IN THE CASE OF ENLISTED MEN ORDERED TO MAKE A CHANGE OF STATION, IT IS ORDINARILY ESSENTIAL TO MOVE THE PERSONAL EFFECTS WITH THE MAN, AND WHEN HE IS REQUIRED TO TURN THEM OVER TO A GOVERNMENT AGENT OR AGENCY, OR A COMMON POOL, TO BE TRANSPORTED, THEY ARE NOT STRICTLY HAND BAGGAGE, AND IF LOST OR DAMAGED WHILE THUS NOT IN THE CUSTODY OF THE MAN, AND IF OTHERWISE WITHIN THE CONDITIONS OF THE STATUTE, REIMBURSEMENT IS AUTHORIZED. B-25924, MAY 22, 1942, INVOLVES A RECENT CASE WHERE THE PERSONAL EFFECTS OF THE SOLDIER WERE TURNED OVER TO THE PROPER AGENT OR AGENCY OF THE UNITED STATES FOR TRANSPORTATION AND WERE LOST WHILE NOT IN THE PERSONAL CUSTODY OF THE TRAVELER.

SPECIAL ORDERS NO. 256, CITED, WHICH DIRECTED THE CLAIMANT TO PROCEED BY MILITARY AIRCRAFT AS A PASSENGER, PRESCRIBED UNDER SUBPARAGRAPH J THAT:

PERSONAL BAGGAGE TO ACCOMPANY PERSONNEL ON THIS FLIGHT WILL BE AS PRESCRIBED BY COMMANDING OFFICER, 7TH BOMBARDMENT GROUP AND COMMANDING OFFICER, RECONNAISSANCE SQUADRON.

THIS ORDER REQUIRED THAT THE PERSONAL EFFECTS OF THE MAN BE TRANSPORTED ON THE SAME PLANE THAT TRANSPORTED THE CLAIMANT. THE ARTICLES OR WEIGHT PRESCRIBED BY COMPETENT AUTHORITY TO BE TRANSPORTED ON THE SAME PLANE WITH THE MAN WHEN STOWED IN THE AIRPLANE WAS NOT DURING SUCH TRANSPORTATION HAND BAGGAGE, BUT WAS THE AUTHORIZED CHANGE OF STATION ALLOWANCE WHICH HAD BEEN TURNED OVER TO THE PROPER AGENT OR AGENCY OF THE UNITED STATES FOR TRANSPORTATION, AND THE SECRETARY OF WAR HAVING DETERMINED THE LOSS OCCURRED DURING TRANSPORTATION, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.