B-99456, DEC 26, 1950

B-99456, DEC 26, 1950

PRECIS-UNAVAILABLE

HONORABLE ROBERT A. TAFT, UNITED STATES SENATE:

FURTHER REFERENCE IS MADE TO YOU LETTER OF NOVEMBER 3, 1950 WITH ENCLOSURES, TO MAJOR GENERAL E. M. FOSTER, CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED HERE UNDER DATE OF NOVEMBER 14, 1950, AND ACKNOWLEDGED NOVEMBER 28, 1950, RELATIVE TO THE ALLEGED INDEBTEDNESS TO THE UNITED STATES OF CHIEF WARRANT OFFICER CARL V. THATCHER. 611 EAST OIL STREET, SAINT MARYS, OHIO, REPRESENTING THE COST INCURRED BY THE GOVERNMENT IN SHIPPING HIS HOUSEHOLD EFFECTS FROM DENVER, COLORADO, TO SAINT MARYS, OHIO, UNDER GOVERNMENT CONTRACT NO. W-04-015-Q(A.A.V.) 136, DATED JUNE 21, 1948.

BY PARAGRAPH 14, SPECIAL ORDERS NO. 168, HEADQUARTERS, FITZSIMONS GENERAL HOSPITAL, DENVER, COLORADO, DATED JUNE 16, 1948, THE OFFICER WAS RELEASED FROM OBSERVATION AND TREATMENT AND FROM DETACHMENT OF PATIENTS AT THAT HOSPITAL AND TRANSFERRED TO DETACHMENT OF PATIENTS, WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., FOR FURTHER HOSPITALIZATION. SUCH ORDERS GRANTED HIM 20 DAYS' DELAY EN ROUTE, DIRECTED HIM TO PROCEED ON OR ABOUT JUNE 18, 1948, AND DESIGNATED THE TRANSFER AS A PERMANENT CHANGE OF STATION. IT APPEARS THAT THE OFFICER REPORTED AND WAS ADMITTED FOR TREATMENT AT THE LATTER HOSPITAL ON OR ABOUT JULY 14, 1948; THAT ON JULY 19, 1948, THE COMMANDING OFFICER, DETACHMENT OF PATIENTS, WALTER REED GENERAL HOSPITAL, CERTIFIED THAT THE PERIOD OF TREATMENT OF THE OFFICER IN THAT HOSPITAL WAS EXPECTED TO BE PROLONGED, AND THAT HE REMAINED AT SAID HOSPITAL UNTIL HIS RETIREMENT ON APRIL 30, 1950, FOR 90 PERCENT DISABILITY. IT FURTHER APPEARS THAT UPON THE OFFICER'S APPLICATION DATED JUNE 25, 1948, HIS HOUSEHOLD EFFECTS, WEIGHING 3,500 POUNDS, WERE SHIPPED BY VAN FROM DENVER, COLORADO, TO SAINT MARYS, OHIO, ON JUNE 28, 1948, UNDER GOVERNMENT CONTRACT NO. W-05-015-Q(A.A.V.) 136, DATED JUNE 21, 1948, AT A COST TO THE GOVERNMENT OF $358.47, AND THAT SUCH EFFECTS WERE LATER SHIPPED TO WASHINGTON, D.C., AT THE OFFICER'S PERSONAL EXPENSE. THE DEPARTMENT OF THE ARMY REQUESTED THE OFFICER TO REMIT THE SUM OF $358.47, REPRESENTING THE COST OF SHIPPING HIS HOUSEHOLD EFFECTS FROM DENVER, COLORADO, TO SAINT MARYS, OHIO, FOR THE REASON THAT THE SHIPMENT AS MADE WAS NOT AUTHORIZED BY THE PROVISIONS OF WAR DEPARTMENT CIRCULAR 167. THE OFFICER, IN HIS LETTER TO YOU DATED OCTOBER 28, 1950, STATES, IN SUBSTANCE, THAT HE HAD BEEN CONTINUOUSLY TREATED IN VARIOUS HOSPITALS SINCE FEBRUARY 1945, BECAUSE OF COMBAT WOUNDS; THAT IN JANUARY 1948, WHILE A PATIENT AT FITZSIMONS GENERAL HOSPITAL, DENVER, COLORADO, HE MOVED HIS DEPENDENTS AND HOUSEHOLD EFFECTS TO DENVER AT HIS OWN EXPENSE; THAT UPON RECEIPT OF THE ORDERS OF JUNE 16, 1948, AT FITZSIMONS GENERAL HOSPITAL, HE WAS ADVISED BY THE COMMANDING OFFICER AT THAT STATION THAT HIS HOUSEHOLD EFFECTS COULD BE SHIPPED TO ANY PLACE IN THE UNITED STATES AT GOVERNMENT EXPENSE, NOT TO EXCEED THE COST OF SHIPMENT FROM SUCH STATION TO WASHINGTON, D.C.; THAT AFTER HIS ARRIVAL AT WALTER REED GENERAL HOSPITAL HE REQUESTED THAT HIS HOUSEHOLD EFFECTS BE SHIPPED AT GOVERNMENT EXPENSE TO 2820 LINDEN LANE, FOREST GLEN, MARYLAND, WHICH IS NEAR THE HOSPITAL, AND THAT SUCH REQUEST WAS NOT GRANTED. ON SUCH BASIS THE OFFICER REQUESTS THAT, SINCE HE DID ALL HE COULD TO COMPLY WITH THE REGULATIONS AND ORDERS, HE BE RELIEVED OF THE ALLEGED INDEBTEDNESS.

SECTION III, PARAGRAPHS 1 AND 3A, WAR DEPARTMENT CIRCULAR NO. 167, DATED JUNE 26, 1947, PROVIDES THAT WHEN MILITARY PERSONNEL ON ACTIVE DUTY ARE TRANSFERRED FROM EITHER A PERMANENT OR TEMPORARY DUTY STATION OR FROM A HOSPITAL WHERE THEY ARE LISTED AS PATIENTS TO ANOTHER HOSPITAL FOR FURTHER OBSERVATION AND TREATMENT, SHIPMENT OF THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF AUTHORIZED BAGGAGE IS AUTHORIZED, AS FOR A PERMANENT CHANGE OF STATION, FROM THE LAST OR ANY PREVIOUS PERMANENT DUTY STATION AND/OR POINT OF STORAGE TO THE CITY OR TOWN THE HOSPITAL IS LOCATED, BUT NOT THE HOSPITAL ITSELF, PROVIDED THE COMMANDING OFFICER OF THE LATTER HOSPITAL, AFTER AN EVALUATION OF THE CASE, CERTIFIES THAT THE PERIOD OF TREATMENT IN THAT HOSPITAL CAN BE EXPECTED TO BE PROLONGED.

SINCE IT WAS CERTIFIED THAT THE PERIOD OF TREATMENT OF THE OFFICER CONCERNED AT WALTER REED GENERAL HOSPITAL WAS EXPECTED TO BE PROLONGED, HE WAS ENTITLED, UNDER THE ABOVE-CITED PROVISIONS OF WAR DEPARTMENT CIRCULAR 167, TO TRANSPORTATION OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM DENVER, COLORADO, HIS LAST PERMANENT DUTY STATION, OR FROM ANY PREVIOUS PERMANENT DUTY STATION AND/OR POINT OF STORAGE, TO WASHINGTON D.C. WHILE THE SHIPMENT FROM DENVER TO SAINT MARYS, OHIO, WAS MADE PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF PROLONGED TREATMENT AT WALTER REED GENERAL HOSPITAL, AND TO A POINT NOT AUTHORIZED BY THE PROVISIONS OF WAR DEPARTMENT CIRCULAR 167, SINCE IT IS INDICATED THAT THE EFFECTS INVOLVED WERE LATER SHIPPED FROM SAINT MARYS TO WASHINGTON AT THE OFFICER'S PERSONAL EXPENSE, AND, SINCE IT IS EVIDENT THAT HE WAS UNDERGOING EXTENSIVE HOSPITALIZATION AND APPARENTLY THE DELAY IN THE ISSUANCE OF A CERTIFICATE OF PROBABLE PROLONGED TREATMENT AT WALTER REED GENERAL HOSPITAL WAS DUE TO LEAVE EN ROUTE GRANTED IN THE ORDERS TRANSFERRING HIM FROM FITZSIMONS GENERAL HOSPITAL IT PROPERLY MAY BE CONSIDERED THAT THE MOVEMENT OF THE EFFECTS WAS ACCOMPLISHED FROM DENVER TO WASHINGTON IN SUBSTANTIAL COMPLIANCE WITH THE REGULATIONS, AND SINCE THE COST TO THE GOVERNMENT FOR THE SHIPMENT FROM DENVER, COLORADO, TO SAINT MARYS, OHIO, WAS LESS THAN IT WOULD HAVE COST TO SHIP THE SAME EFFECTS FROM DENVER TO WASHINGTON, D.C., NO FURTHER ACTION WILL BE TAKEN TO COLLECT FROM THE OFFICER THE AMOUNT OF THE ALLEGED INDEBTEDNESS.

THE PAPERS ACCOMPANYING YOUR LETTER ARE RETURNED HEREWITH AS REQUESTED.