FEBRUARY 1, 1922, 1 COMP. GEN. 400

FEBRUARY 1, 1922, 1 COMP. GEN. 400

TRANSPORTATION OF ENLISTED MEN RETURNING FROM ABSENCE WITHOUT LEAVE MERE SUSPICION OR OPINION OF AN OFFICER THAT AN ENLISTED MAN IS UNRELIABLE AND NOT TO BE TRUSTED TO TRAVEL ALONE AFTER HAVING MADE ATONEMENT FOR OFFENSE OF ABSENCE WITHOUT LEAVE IN ACCORDANCE WITH SENTENCE OF COURT-MARTIAL IS INSUFFICIENT TO CHARGE THE MAN WITH COST OF TRANSPORTATION OF HIMSELF AND GUARDS TO A NEW STATION TO WHICH HE HAS BEEN ORDERED.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 1, 1922:

LOUIS DRAGO, OF 530 EAST ONE HUNDRED AND SEVENTY-FIFTH STREET, NEW YORK, N.Y., FORMERLY A PRIVATE OF COMPANY C, FIFTH INFANTRY, UNITED STATES ARMY (ARMY SERIAL NO. 357892), REQUESTED AUGUST 25, 1921, REVIEW OF SETTLEMENT NO. 775488, DATED AUGUST 25, 1921, WAR DEPARTMENT DIVISION OF THIS OFFICE, BY WHICH WAS SETTLED HIS CLAIM FOR ARREARS OF PAY DURING HIS SERVICE IN THE ARMY, APRIL 21, 1917, TO JANUARY 9, 1919, AND BY WHICH HE WAS FOUND INDEBTED TO THE GOVERNMENT IN THE SUM OF $316.67. AMONG THE DEBIT ITEMS IN HIS ACCOUNT WAS ONE OF $329.46--- REPORTED AS FOR TRANSPORTATION, $74.86; WAR TAX, $17.60; AND SUBSISTENCE, $37. IN RESPONSE TO A REQUEST FOR INFORMATION AS TO THIS CHARGE OF $329.46, THE ADJUTANT GENERAL OF THE ARMY REPORTED, DECEMBER 30, 1921, AS FOLLOWS:

WITH RESPECT TO THE ITEMS OF TRANSPORTATION (WHICH INCLUDES WAR TAX) AND SUBSISTENCE, THE FOLLOWING INFORMATION IS FURNISHED: THE TRANSPORTATION WAS FOR THREE (3) MEN (PRISONER DRAGO AND TWO GUARDS) FROM CAMP MERRITT, N.J., TO CAMP BEAUREGARD, LA., AND TWO (2) MEN FROM CAMP BEAUREGARD, LA., TO CAMP MERRITT, N.J. THE SUBSISTENCE WAS COMMUTATION OF RATIONS, AT THE PRESCRIBED RATE, FOR THREE (3) MEN FOR FOUR (4) DAYS, GOING, AND FOR TWO (2) MEN FOR FOUR (4) DAYS, RETURNING.

THE CIRCUMSTANCES OUT OF WHICH THESE CHARGES GREW ARE AS FOLLOWS: ON MAY 17, 1918, LOUIS DRAGO, THEN A PRIVATE OF COMPANY C, 5TH INFANTRY, STATIONED IN THE CANAL ZONE, PANAMA, WAS SENT TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., FOR TREATMENT. UPON HIS DISCHARGE FROM WALTER REED GENERAL HOSPITAL ON JULY 9, 1918, HE WAS ORDERED TO REPORT TO HOBOKEN, N.J., FOR TRANSPORTATION TO HIS ORGANIZATION IN PANAMA. DRAGO CONSUMED TEN (10) DAYS IN REPORTING FROM WALTER REED GENERAL HOSPITAL TO HOBOKEN, N.J. UPON HIS ARRIVAL AT HOBOKEN HE WAS CHARGED WITH A.W.O.L., TRIED BY SUMMARY COURT, FOUND GUILTY, AND FINED TEN ($10.00) DOLLARS. THE SENTENCE WAS APPROVED JULY 24, 1918. DRAGO WAS DETAINED IN THE STOCKADE AT CAMP MERRITT, N.J., AWAITING AN OPPORTUNITY TO TRANSFER HIM TO PANAMA, IN ORDER TO REJOIN HIS ORGANIZATION. BEFORE HE COULD BE SENT TO PANAMA, HOWEVER, THE 5TH INFANTRY WAS ORDERED TO THE UNITED STATES AND SENT TO CAMP BEAUREGARD, LA., PREPARATORY TO BEING SENT OVERSEAS. IT WAS THEN DECIDED TO RETURN PRIVATE DRAGO TO HIS ORGANIZATION AT CAMP BEAUREGARD, LA. IT WAS STATED BY THE PRISON OFFICER, HOWEVER, THAT DRAGO WAS UNRELIABLE, AND THAT FROM THE ATTITUDE OF THE SOLDIER DURING CONFINEMENT, AND FROM VARIOUS INCIDENTS OCCURRING DURING THAT PERIOD, IT WAS NOT BELIEVED THAT THE SOLDIER WOULD VOLUNTARILY RETURN TO HIS ORGANIZATION. AN EFFORT WAS MADE TO SECURE ADVICE FROM HIS COMMANDING OFFICER, BUT NO OFFICER OF HIS ORGANIZATION WOULD VOUCH FOR HIS RELIABILITY, AND PRIVATE DRAGO WAS ACCORDINGLY, ON OCTOBER 30, 1918, SENT UNDER GUARD TO CAMP BEAUREGARD, LA.

PARAGRAPH 110, ARMY REGULATIONS, 1913, CONTEMPLATES THE FURNISHING OF TRANSPORTATION AND SUBSISTENCE AT THE EXPENSE OF AN ENLISTED MAN WHEN REPORTING FROM FURLOUGH AT A STATION OTHER THAN HIS OWN, OR SO REPORTING AFTER ABSENCE WITHOUT LEAVE, AND IF THE SOLDIER CAN NOT BE TRUSTED TO MAKE THE JOURNEY TO HIS PROPER STATION, HE IS, UNDER THIS REGULATION, CHARGEABLE WITH THE COST OF TRANSPORTATION AND SUBSISTENCE OF THE NECESSARY GUARD. UNDER PARAGRAPH 127, ARMY REGULATIONS, SIMILAR PROVISION IS MADE IN THE CASE OF DESERTERS. THESE REGULATIONS, IN THIS RESPECT, HAVE RECEIVED THE IMPLIED OR SPECIFIC APPROVAL OF THE ACCOUNTING OFFICERS. 2 COMP. DEC., 415, 417, 14 ID., 490 AND 778; 16 ID., 480; 17 ID., 1002.

IN THE PRESENT CASE, HOWEVER, CLAIMANT WAS AT HIS PROPER STATION EN ROUTE, AT GOVERNMENT EXPENSE, UNDER ORDERS, TO REJOIN HIS COMPANY. WHILE AWAITING TRANSPORTATION THERE THE STATION OF HIS COMPANY WAS CHANGED. HAD BEEN PUNISHED AS FOR ABSENCE WITHOUT LEAVE JULY 9 TO 19, 1918, FOR FAILING TO REPORT PROMPTLY AT HOBOKEN AFTER HIS DISCHARGE FROM THE WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., BY SENTENCE OF A COURT-MARTIAL TO PAY A FINE OF $10, BUT EXPIATION OR ATONEMENT HAD BEEN MADE FOR THAT OFFENSE UPON DEDUCTION OF THE FINE AND PAY FOR THE UNAUTHORIZED ABSENCE, AND NO FURTHER PUNISHMENT THEREFOR COULD BE INFLICTED UPON HIM.

WHILE SO AT HIS PROPER STATION, AWAITING TRANSPORTATION AND CHARGED WITH NO OFFENSE, HIS SUPERIOR OFFICER FORMED THE OPINION THAT CLAIMANT WAS UNRELIABLE AND COULD NOT BE TRUSTED TO TRAVEL ALONE TO REJOIN HIS COMPANY. BUT THIS CONCLUSION OF HIS SUPERIOR OFFICER DID NOT ALTER THE GOVERNMENT'S OBLIGATION TO TRANSPORT CLAIMANT TO THE NEW STATION OF HIS ORGANIZATION. IT HAS BEEN SAID, 21 COMP. DEC., 842, 845, THAT "THE GOVERNMENT IS OBLIGATED TO TRANSPORT ITS OFFICERS AS WELL AS ENLISTED MEN, WHO HAVE BEEN ASSIGNED TO A NEW STATION; " AND TO WHICH MAY BE ADDED, SUCH GUARDS OR ATTENDANTS AS IT MAY BE NECESSARY TO SEND WITH THEM. TO CHARGE CLAIMANT WITH THE COST OF THE TRANSPORTATION AND SUBSISTENCE OF HIMSELF AND GUARDS ON A CHANGE OF STATION ON THE MERE SUSPICION OR OPINION OF AN OFFICER THAT HE IS UNRELIABLE AND CAN NOT BE TRUSTED, AMOUNTS TO A DEPRIVATION OR FORFEITURE OF PAY BY ORDER OF HIS SUPERIOR, AND THIS CAN NOT BE DONE. 3 COMP. EC., 676, 678.

I AM OF OPINION THAT CLAIMANT WAS IMPROPERLY CHARGED WITH THE SUM OF $329.46, COST OF TRANSPORTATION AND SUBSISTENCE OF HIMSELF AND GUARDS BETWEEN CAMP MERRITT, N.J., AND CAMP BEAUREGARD, LA., AND THE SETTLEMENT IS MODIFIED TO CONFORM TO THIS VIEW.