MAY 11, 1922, 1 COMP. GEN. 642

MAY 11, 1922, 1 COMP. GEN. 642

BURIAL EXPENSES - NATIONAL GUARD THE SECRETARY OF WAR HAS AUTHORITY, UNDER THE ACT OF JUNE 3, 1916, 39 STAT., 200, TO PROVIDE BY REGULATION FOR THE PREPARATION OF THE REMAINS OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD, WHO DIE FROM CAUSES NOT DUE TO THEIR OWN MISCONDUCT, WHILE ATTENDING AN AUTHORIZED ENCAMPMENT UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT, AND FOR THE SHIPMENT THEREOF, INCLUDING THE COST OF TRANSPORTATION OF NECESSARY ESCORTS, PAYMENT THEREFOR TO BE MADE FROM THE APPROPRIATION FOR ,ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD," SUBHEAD "EXPENSES, CAMPS OF INSTRUCTION.' 27 COMP. DEC., 1017, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, MAY 11, 1922:

I HAVE YOUR LETTER OF APRIL 10, 1922, REQUESTING DECISION WHETHER FEDERAL FUNDS ARE AVAILABLE FOR THE PAYMENT OF EXPENSES OF RETURNING TO THE HOME RENDEZVOUS OR HOME STATION OF THE DECEASED THE REMAINS OF NATIONAL GUARD OFFICERS OR ENLISTED MEN WHO DIE FROM CAUSES NOT DUE TO THEIR OWN MISCONDUCT WHILE IN ATTENDANCE WITH THEIR ORGANIZATIONS AT ENCAMPMENTS AUTHORIZED BY SECTION 94 OF THE NATIONAL DEFENSE ACT, THE EXPENSES INCLUDING THE COST OF PREPARATION AND SHIPMENT OF THE REMAINS AND THE COST OF TRANSPORTATION OF AN ESCORT OF NATIONAL GUARD OFFICERS OR ENLISTED MEN FROM THE CAMP TO THE DESTINATION OF THE BODY, AND POSSIBLY THE RETURN OF THE ESCORT TO THE CAMP.

YOU SUGGEST THAT THE LAW PROVIDES FOR THE EXPENSES OF TRANSPORTING OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD TO AND FROM CAMP AS A CHARGE AGAINST FEDERAL FUNDS, BUT THAT IN VIEW OF THE DECISION OF THE FORMER COMPTROLLER OF THE TREASURY, 27 COMP. DEC., 1017, HOLDING THAT THE BURIAL EXPENSES OF A NATIONAL GUARD OFFICER IN ATTENDANCE AT A MILITARY SERVICE SCHOOL WAS NOT PAYABLE FROM FEDERAL FUNDS---

APPARENTLY ON THE THEORY THAT, WHILE ATTENDING SUCH SERVICE SCHOOLS, SUCH OFFICERS ARE NOT IN THE SERVICE OF THE UNITED STATES, DOUBT ARISES AS TO WHETHER SUCH DECISION WOULD LIKEWISE EMBRACE PROHIBITION OF TRANSPORTATION EXPENSES OF REMAINS OF NATIONAL GUARD OFFICERS AND ENLISTED MEN FROM ENCAMPMENTS BACK TO THEIR HOME RENDEZVOUS OR HOMES AND OF TRANSPORTATION OF OFFICERS OR ENLISTED MEN ACCOMPANYING SUCH REMAINS UNDER PROPER AUTHORITY DETAILING THEM FOR THAT PURPOSE.

THE DECISION TO WHICH YOU REFER WAS TO THE EFFECT (1) THAT THERE WAS NO SPECIFIC AUTHORIZATION OF LAW FOR THE PREPARATION FOR TRANSPORTATION OF THE REMAINS OF NATIONAL GUARD OFFICERS WHO DIE WHILE IN ATTENDANCE AT MILITARY SERVICE SCHOOLS, AND THAT THERE WAS NO SPECIFIC AUTHORIZATION FOR SUCH EXPENDITURES IN THE APPROPRIATION "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD, 1921; , AND (2) THAT AS THE OFFICER WAS NOT IN FEDERAL SERVICE NEITHER WAS THE APPROPRIATION ,DISPOSITION OF REMAINS OF OFFICERS, SOLDIERS, AND CIVILIAN EMPLOYEES, 1921," AVAILABLE FOR PAYMENT OF THE EXPENSES.

SECTION 94 OF THE ACT OF JUNE 3, 1916, 39 STAT., 206, PROVIDES:

ENCAMPMENTS AND MANEUVERS.--- UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR IS AUTHORIZED TO PROVIDE FOR THE PARTICIPATION OF THE WHOLE OR ANY PART OF THE NATIONAL GUARD IN ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD OR COAST-DEFENSE INSTRUCTION, EITHER INDEPENDENTLY OR IN CONJUNCTION WITH ANY PART OF THE REGULAR ARMY, AND THERE MAY BE SET ASIDE FROM THE FUNDS APPROPRIATED FOR THAT PURPOSE AND ALLOTTED TO ANY STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA, SUCH PORTION OF SAID FUNDS AS MAY BE NECESSARY FOR THE PAYMENT, SUBSISTENCE, TRANSPORTATION, AND OTHER PROPER EXPENSES OF SUCH PORTION OF THE NATIONAL GUARD OF SUCH STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA AS SHALL PARTICIPATE IN SUCH ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, INCLUDING OUTDOOR TARGET PRACTICE, FOR FIELD AND COAST DEFENSE INSTRUCTIONS; AND THE OFFICERS AND ENLISTED MEN OF SUCH NATIONAL GUARD WHILE SO ENGAGED SHALL BE ENTITLED TO THE SAME PAY, SUBSISTENCE, AND TRANSPORTATION AS OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES OF THE REGULAR ARMY ARE OR HEREAFTER MAY BE ENTITLED BY LAW.

SECTION 67 OF THE ACT, PAGES 199 AND 200, CONTAINS, AMONG OTHERS, THE FOLLOWING PROVISIONS:

APPROPRIATION, APPORTIONMENT, AND DISBURSEMENT OF FUNDS FOR THE NATIONAL GUARD.--- A SUM OF MONEY SHALL HEREAFTER BE APPROPRIATED ANNUALLY, TO BE PAID OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SUPPORT OF THE NATIONAL GUARD, INCLUDING THE EXPENSE OF PROVIDING ARMS, ORDNANCE STORES, QUARTERMASTER STORES, AND CAMP EQUIPAGE, AND ALL OTHER MILITARY SUPPLIES FOR ISSUE TO THE NATIONAL GUARD, AND SUCH OTHER EXPENSES PERTAINING TO SAID GUARD AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW.

THE APPROPRIATION PROVIDED FOR IN THIS SECTION SHALL BE APPORTIONED AMONG THE SEVERAL STATES AND TERRITORIES UNDER JUST AND EQUITABLE PROCEDURE TO BE PRESCRIBED BY THE SECRETARY OF WAR AND IN DIRECT RATIO TO THE NUMBER OF ENLISTED MEN IN ACTIVE SERVICE IN THE NATIONAL GUARD EXISTING IN SUCH STATES AND TERRITORIES AT THE DATE OF APPORTIONMENT OF SAID APPROPRIATION, AND TO THE DISTRICT OF COLUMBIA, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE: PROVIDED, THAT THE SUM SO APPORTIONED AMONG THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA, SHALL BE AVAILABLE UNDER SUCH RULES AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR * * * FOR SUCH OTHER INCIDENTAL EXPENSES IN CONNECTION WITH LAWFULLY AUTHORIZED ENCAMPMENTS, MANEUVERS, AND FIELD INSTRUCTION AS THE SECRETARY OF WAR MAY DEEM NECESSARY, AND FOR SUCH OTHER EXPENSES PERTAINING TO THE NATIONAL GUARD AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY LAW.

* * * AND PROVIDED FURTHER, THAT THE SECRETARY OF WAR IS EMPOWERED MAKE ALL RULES AND REGULATIONS NECESSARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.

IT HAS BEEN HELD THAT THE FUNDS FOR ENCAMPMENTS BEING AVAILABLE FOR, IN ADDITION TO THE SPECIFIC OBJECTS NAMED,"OTHER PROPER EXPENSES" FOR SUCH PART OF THE NATIONAL GUARD AS SHALL PARTICIPATE IN ENCAMPMENTS, ETC., SUCH FUNDS ARE AVAILABLE FOR THE PAYMENT OF CIVILIAN MEDICAL AND HOSPITAL TREATMENT OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD UNDER THE CONDITIONS THEREIN INDICATED DURING THE PERIOD OF THE ENCAMPMENT. COMP. DEC., 631.

WITH RESPECT TO THE PREPARATION OF THE REMAINS AND THE SHIPMENT THEREOF, TOGETHER WITH THE COST OF TRANSPORTATION OF SUCH A LIMITED ESCORT AS YOU MAY DEEM NECESSARY, OF OFFICERS OR ENLISTED MEN OF THE NATIONAL GUARD WHO DIE FROM CAUSES NOT DUE TO THEIR OWN MISCONDUCT; THAT IS, IN LINE OF DUTY, WHILE IN ATTENDANCE AT AN AUTHORIZED ENCAMPMENT OF THEIR ORGANIZATIONS UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT, IF YOU DETERMINE, AND BY APPROPRIATE REGULATION PROVIDE, FOR SUCH EXPENSES OF AN ORGANIZATION ATTENDING AN AUTHORIZED ENCAMPMENT IN THE PRESENT STATE OF THE LAW THE FUNDS APPROPRIATED UNDER "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD," SUBHEAD "EXPENSES, CAMPS OF INSTRUCTIONS," ARE AVAILABLE FOR THE PAYMENT THEREOF.