B-34420, JUN 14, 1943

B-34420, JUN 14, 1943

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL CARL WITCHER, F.D., U.S. ARMY:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 18, 1943, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUTENANT CLYDE E. SERVIS, MEDICAL ADMINISTRATIVE CORPS., U.S. ARMY, IN THE AMOUNT OF $196.60, COVERING HIS CLAIM UNDER THE ACT OF MARCH 4, 1921, 41 STAT. 1436, FOR THE LOSS IN TRANSIT OF HIS PERSONAL PROPERTY, UNDER THE CIRCUMSTANCES AS FOUND BY THE BOARD OF OFFICERS, WHOSE UNDATED FINDINGS AND RECOMMENDATIONS, APPROVED JANUARY 26, 1943, BY THE SECRETARY OF WAR, WERE AS FOLLOWS:

"THAT BY PARAGRAPH 9, S.O. #15, HEADQUARTERS FORT JACKSON, SOUTH CAROLINA, DATED JANUARY 15, 1942, FIRST LIEUTENANT CLYDE E. SERVIS, M.A.C., WAS ORDERED TO PROCEED IMMEDIATELY FROM FORT JACKSON, S.C., TO NEW YORK PORT OF EMBARKATION, N.Y.

"PURSUANT TO THE ABOVE INSTRUCTIONS, FIRST LIEUTENANT CLYDE E. SERVIS' HOUSEHOLD GOODS WERE TURNED OVER TO THE QUARTERMASTER AT FORT JACKSON, S.C., FOR SHIPMENT TO SILVER SPRING, MARYLAND. THE PROPERTY, CONSISTING OF 12 PIECES, IN APPARENT GOOD ORDER AND CONDITION, WAS SHIPPED FROM COLUMBIA, S.C., ON FEBRUARY 27, 1942, VIA THE SEABOARD RAILWAY COMPANY AND CONNECTING CARRIERS AND ARRIVED AT SILVER SPRING, MARYLAND, ON MARCH 6, 1942.

"WHEN CLAIMANT'S WIFE, MRS. CAROLYN G. SERVIS, CALLED AT THE BALTIMORE & OHIO STATION AT SILVER SPRING, MARYLAND, FOR THE PROPERTY, IT WAS NOTED THAT ONE CRATE HAD BEEN OPENED AND CERTAIN ARTICLES, AS HEREINAFTER LISTED, WERE MISSING.

"THE BOARD FINDS THAT THE LOSS WAS NOT COVERED BY INSURANCE AND THAT CLAIM WAS MADE ON THE LAST COMMON CARRIER, THE BALTIMORE & OHIO RAILROAD COMPANY, WHICH CARRIER ADMITTED LIABILITY IN THE SUM OF $7.00.

"THE BOARD FURTHER FINDS THAT THE PROPERTY WAS PROPERLY PACKED AND CRATED; THAT THE LOSS OCCURRED INCIDENT TO CLAIMANT'S TRAVEL UNDER COMPETENT 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 LOSS 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."

THE VOUCHER SUBMITTED HAS BEEN SIGNED IN THE NAME OF THE CLAIMANT OFFICER BY MRS. CAROLYN G. SERVIS (THE OFFICER'S WIFE), ATTORNEY IN FACT, AND ATTACHED THERETO IS PHOTOSTAT, V MAIL COPY OF A POWER OF ATTORNEY EXECUTED BY THE OFFICER. WHILE THE INSTRUMENT WAS NOT SIGNED BY THE OFFICER IN THE PRESENCE OF WITNESSES, IT WAS ACKNOWLEDGED BY THE OFFICER BEFORE THE ADJUTANT, 4TH GENERAL HOSPITAL, U.S. ARMY, AS BEING HIS FREE ACT AND DEED. THE NECESSITY FOR THE POWER OF ATTORNEY IS STATED TO BE DUE TO BEING IN THE MILITARY SERVICE WITHOUT THE CONTINENTAL LIMITS OF THE UNITED STATES. THE POWER OF ATTORNEY, AUTHORIZES INTER ALIA, THE ATTORNEY IN FACT "TO EXECUTE VOUCHERS IN MY BEHALF FOR ANY AND ALL ALLOWANCES AND REIMBURSEMENTS PROPERLY PAYABLE TO ME BY THE UNITED STATES, INCLUDING BUT NOT RESTRICTED TO ALLOWANCES AND REIMBURSEMENTS FOR TRANSPORTATION OF DEPENDENTS OR FOR SHIPMENT OF HOUSEHOLD EFFECTS AS AUTHORIZED BY LAW AND ARMY REGULATIONS, AND TO RECEIVE, INDORSE, AND COLLECT THE PROCEEDS OF CHECKS PAYABLE TO THE IT APPEARS THAT ATTORNEY IN FACT ARRANGED FOR THE SHIPMENT OF PERSONAL EFFECTS IN CONNECTION WITH WHICH THE LOSS OCCURRED, AND THAT PAYMENT FOR THE CLAIM WILL BE MADE ONLY BY THE FINANCE OFFICER OF THE ARMY AT WASHINGTON, D.C. THE POWER OF ATTORNEY IS CONSIDERED SUFFICIENT TO AUTHORIZE THE OFFICER'S WIFE TO SIGN THE VOUCHER IN HIS BEHALF FOR THE LOSS OF HIS PERSONAL PROPERTY IN TRANSIT, AND, ON THE BASIS OF THE FACTS AS DETERMINED BY THE SECRETARY OF WAR, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT.