B-76791, JUNE 15, 1948, 27 COMP. GEN. 760

B-76791: Jun 15, 1948

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1948: REFERENCE IS MADE TO YOUR LETTER OF MAY 26. KNISLEY WERE WITH THE U.S. BOTH INDIVIDUALS ARE STILL BEING CARRIED AS MISSING. THEIR FAMILIES HAVE SINCE RETURNED TO THE UNITED STATES. KNISLEY OWNED DOGS AT THE TIME OF SAID CRASH WHICH WERE TEMPORARILY ABANDONED IN BOLIVIA. THE COMMANDING GENERAL OF THE CARIBBEAN DEFENSE COMMAND HAS ADMINISTRATIVELY DETERMINED THAT THESE DOGS ARE PERSONAL EFFECTS AND HAS DIRECTED THE COMMANDING GENERAL. ADVICE IS REQUESTED AS TO WHETHER YOUR OFFICE WOULD BE COMPELLED TO OBJECT TO THE TRANSPORTATION OF THESE DOGS. THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS INJURED.

B-76791, JUNE 15, 1948, 27 COMP. GEN. 760

TRANSPORTATION - ANIMAL PETS OR MASCOTS OF MISSING ARMY PERSONNEL ANIMAL PETS OR MASCOTS BELONGING TO MISSING ARMY PERSONNEL, NOT BEING CLASSIFIED BY CARRIER TARIFFS AS HOUSEHOLD GOODS, MAY NOT BE TRANSPORTED BY COMMERCIAL MEANS UNDER SECTION 12 OF THE MISSING PERSONS ACT, AUTHORIZING THE SHIPMENT, AT GOVERNMENT EXPENSE, OF "HOUSEHOLD AND PERSONAL EFFECTS" OF PERSONS MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS TO THEIR RESIDENCES OF RECORD OR TO SUCH OTHER LOCATION AS MAY BE ADMINISTRATIVELY DETERMINED. ANIMAL PETS OR MASCOTS BELONGING TO MISSING ARMY PERSONNEL, NOT BEING PERSONAL ARTICLES WORN OR CARRIED ABOUT THE PERSON OR ARTICLES PERSONALLY USED BY AND ASSOCIATED WITH THE PERSON, MAY NOT BE SHIPPED BY COMMERCIAL MEANS UNDER THE 112TH ARTICLE OF WAR, AUTHORIZING THE DELIVERY OF THE EFFECTS OF DECEASED PERSONS SUBJECT TO MILITARY LAW TO THEIR WIDOWS OR LEGAL REPRESENTATIVES, IF PRESENT, OR THE SHIPMENT THEREOF AT GOVERNMENT EXPENSE TO SUCH PERSONS IF NOT PRESENT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, JUNE 15, 1948:

REFERENCE IS MADE TO YOUR LETTER OF MAY 26, 1948, AS FOLLOWS:

AN INQUIRY HAS BEEN RECEIVED AS TO WHETHER AUTHORITY EXISTS TO TRANSPORT DOGS OF DECEASED OR MISSING MILITARY PERSONNEL AT GOVERNMENT EXPENSE.

TWO MEMBERS OF THE UNITED STATES AIR FORCE, LT. COLONEL WILLIAM A. SULLIVAN, JR., AND M/SGT. WILLIAM W. KNISLEY WERE WITH THE U.S. MILITARY AVIATION MISSION, LA PAZ, BOLIVIA. LAST SEPTEMBER, DURING A FLIGHT FROM LA PAZ TO THE CANAL ZONE, THEIR PLANE CRASHED OFF THE COAST OF PERU. BOTH INDIVIDUALS ARE STILL BEING CARRIED AS MISSING. THEIR FAMILIES HAVE SINCE RETURNED TO THE UNITED STATES. BOTH LT. COLONEL SULLIVAN AND M/SGT. KNISLEY OWNED DOGS AT THE TIME OF SAID CRASH WHICH WERE TEMPORARILY ABANDONED IN BOLIVIA.

BOTH THE MISSING PERSONS ACT ( ACT OF 7 MARCH 1942, AS AMENDED) AND THE 112TH ARTICLE OF WAR PROVIDE FOR THE TRANSPORTATION AND DISPOSITION OF EFFECTS OF DECEASED OR MISSING PERSONNEL. IN THE INSTANT CASE, THE COMMANDING GENERAL OF THE CARIBBEAN DEFENSE COMMAND HAS ADMINISTRATIVELY DETERMINED THAT THESE DOGS ARE PERSONAL EFFECTS AND HAS DIRECTED THE COMMANDING GENERAL, U.S. ARMY, CARIBBEAN, QUARRY HEIGHTS, CANAL ZONE, TO SHIP THE DOGS TO THE NEXT OF KIN OF LT. COLONEL SULLIVAN AND M/SGT. KNISLEY. THIS POSITION APPEARS TO COME WITHIN THE PURVIEW OF THE MISSING PERSONS ACT AND THE 112TH ARTICLE OF WAR. THE DEPARTMENT OF THE ARMY KNOWS OF NO LAW OR REGULATION EXPRESSLY AUTHORIZING OR PROHIBITING SUCH TRANSPORTATION AT GOVERNMENT EXPENSE.

ADVICE IS REQUESTED AS TO WHETHER YOUR OFFICE WOULD BE COMPELLED TO OBJECT TO THE TRANSPORTATION OF THESE DOGS, AT GOVERNMENT EXPENSE, UNDER THE CIRCUMSTANCES HEREINABOVE DESCRIBED.

SECTION 12 OF THE MISSING PERSONS ACT, 56 STAT. 146, AND THE 112TH ARTICLE OF WAR, SECTION 1584, TITLE 10, U.S. CODE, REFERRED TO IN YOUR LETTER, PROVIDES AS FOLLOWS:

SEC. 12. THE DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF ANY PERSON ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS INJURED, DEAD, MISSING AS THE RESULT OF MILITARY OR NAVAL OPERATIONS * * * MAY BE MOVED (INCLUDING PACKING AND UNPACKING OF HOUSEHOLD EFFECTS) TO THE OFFICIAL RESIDENCE OF RECORD FOR ANY SUCH PERSON, OR, UPON APPLICATION BY SUCH DEPENDENTS, TO SUCH OTHER LOCATIONS AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED * * *.

1584. EFFECTS OF DECEASED PERSONS; DISPOSITION OF (ARTICLE 112).

IN CASE OF THE DEATH OF ANY PERSON SUBJECT TO MILITARY LAW THE COMMANDING OFFICER OF THE PLACE OF COMMAND WILL PERMIT THE LEGAL REPRESENTATIVE OR WIDOW OF THE DECEASED, IF PRESENT, TO TAKE POSSESSION OF ALL HIS EFFECTS, THEN IN CAMP OR QUARTERS; AND IF NO LEGAL REPRESENTATIVE OR WIDOW BE PRESENT, THE COMMANDING OFFICER SHALL DIRECT A SUMMARY COURT TO SECURE ALL SUCH EFFECTS * * * AND AS SOON AS PRACTICABLE AFTER THE COLLECTION OF SUCH EFFECTS SAID SUMMARY COURT SHALL TRANSMIT SUCH EFFECTS AND ANY MONEY COLLECTED, THROUGH THE QUARTERMASTER CORPS, AT GOVERNMENT EXPENSE, TO THE WIDOW OR LEGAL REPRESENTATIVE OF THE DECEASED * * *.

YOU STATE THE FAMILIES OF THE TWO MISSING MEMBERS OF THE UNITED STATES AIR FORCE NOW HAVE RETURNED TO THE UNITED STATES. IT WOULD APPEAR BY REASON OF SUCH FACT THAT PERSONS ELIGIBLE TO RECEIVE THE EFFECTS OF SAID MEMBERS WERE PRESENT AT THE PLACE OF COMMAND TO RECEIVE THE PERSONAL EFFECTS THEN AT THEIR STATION OR QUARTERS, AND, IF THE SITUATION IS AS INDICATED, THE APPLICABILITY IN THIS PARTICULAR CASE OF THE 112TH ARTICLE OF WAR, WHICH PROVIDES FOR THE TURNING OVER OF PERSONAL EFFECTS TO THE WIDOW OR LEGAL REPRESENTATIVE IF PRESENT AT THE STATION, IS NOT APPARENT. FURTHER, THE EFFECTS OF DECEASED PERSONS IN THE MILITARY SERVICE, COVERED BY THE CITED ARTICLES OF WAR, HAVE UNIFORMLY BEEN CONSIDERED AS PERSONAL ARTICLES WORN OR CARRIED ABOUT THE PERSON AND THOSE PERSONALLY USED BY AND ASSOCIATED WITH THE PERSON. THE CITED SECTION OF THE MISSING PERSONS ACT AUTHORIZES THE SHIPMENT OF "HOUSEHOLD AND PERSONAL EFFECTS.' THE EFFECTS OF THE USE OF THE WORDS ,HOUSEHOLD" AND "PERSONAL" IN CONNECTION WITH THE EFFECTS TO BE TRANSPORTED AT GOVERNMENT EXPENSE IS TO LIMIT THE ARTICLES WHICH MAY BE SHIPPED TO THOSE CLASSIFIED BY CARRIER TARIFFS AS HOUSEHOLD GOODS. HENCE, THE SHIPMENT OF ANIMALS, PETS AND MASCOTS, MAY NOT BE CONSIDERED AS WITHIN THE CONTEMPLATION OF THE STATUTE.

IN HARMONY WITH THE ABOVE, PARAGRAPH 30, ARMY REGULATIONS 54-485, CHANGES NO. 2, JANUARY 7, 1944, PROVIDED THAT:

THE CARRYING OF PETS OR MASCOTS ON UNITED STATES TRANSPORTS OR VESSELS WHOLLY ALLOCATED TO THE WAR DEPARTMENT IS NOT PERMISSIBLE. THE CARRYING OF PETS OR MASCOTS AT WAR DEPARTMENT EXPENSE ON OTHER VESSELS IS NOT PERMISSIBLE. DOGS MAY BE CARRIED FOR MILITARY PURPOSES. (ITALICS SUPPLIED.)

THIS PROVISION OF THE REGULATIONS WAS SUPERSEDED MAY 21, 1946, BY CHANGES NO. 3, PROVIDING AS FOLLOWS:

(1) PETS AND MASCOTS (EXCEPT THOSE MENTIONED IN PAR. 31) (PARROTS, PARAKEETS, LOVE BIRDS, AND ANY OTHER BIRDS OF THE PARROT FAMILY) BELONGING TO MEMBERS OF THE UNITED STATES ARMY, WAR DEPARTMENT CIVILIAN EMPLOYEES, OR DEPENDENT MEMBERS OF FAMILIES OF SUCH PERSONNEL, MAY BE TRANSPORTED WITHOUT CHARGE FOR OCEAN TRANSPORTATION ABOARD CARGO VESSELS OWNED BY, UNDER BAREBOAT CHARTER TO, OR WHOLLY ALLOCATED TO THE ARMY, SUBJECT TO AVAILABILITY OF SUCH VESSELS. IN ORDER TO HAVE A XPET OR MASCOT TRANSPORTED UNDER THIS AUTHORITY, THE OWNER MUST COMPLY WITH THE FOLLOWING PROVISIONS:

(A) MAKE ARRANGEMENTS SATISFACTORY TO THE COMMANDERS OF THE POST OF EMBARKATION AND OF THE PORT OF DEBARKATION RESPONSIBLE FOR ACCOMPLISHING THE SHIPMENT, TO COVER THE EXPENSES FOR CARE AND FEEDING AND ANY OTHER NECESSARY EXPENSES IN CONNECTION WITH THE MOVEMENT (INCLUDING INLAND TRANSPORTATION WHERE SUCH TRANSPORTATION IS TO BE PERFORMED BY COMMERCIAL MEANS) OF PETS AND MASCOTS FROM THE TIME THEY ARE RECEIVED BY SUCH PORTS TO ARRIVAL AT FINAL DESTINATION.

(3) THE TRANSPORTING OF PETS AND MASCOTS ABOARD PASSENGER VESSELS OWNED BY, UNDER BAREBOAT CHARTER TO, OR WHOLLY ALLOCATED TO THE ARMY, IS PROHIBITED.

INASMUCH AS THE ABOVE-QUOTED ARMY REGULATIONS IN EFFECT PROHIBIT THE SHIPMENT OF DOGS, NOT CARRIED FOR MILITARY PURPOSES, EXCEPT ON A SPACE AVAILABLE BASIS ON GOVERNMENT-OWNED OR CHARTERED CARGO VESSELS, AND BY REASON OF THE FACT THAT SAID REGULATIONS WERE PROMULGATED PURSUANT TO, AND IN CONSONANCE WITH, THE LAWS CITED IN YOUR LETTER, YOU ARE ADVISED THAT THERE IS NO LEGAL OR PROPER BASIS FOR THE TRANSPORTATION BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE OF DOGS WHICH WERE OWNED BY DECEASED OR MISSING MILITARY PERSONNEL.