AUGUST 11, 1921, 1 COMP. GEN. 63
Highlights
PRIVATE PROPERTY LOST IN THE MILITARY SERVICE THERE IS NO AUTHORITY UNDER THE ACT OF MARCH 4. I HAVE YOUR LETTER DATED AUGUST 5. WHEREIN DECISION IS REQUESTED AS TO WHETHER OR NOT YOU ARE AUTHORIZED UNDER THE ACT OF MARCH 4. THE SECRETARY OF WAR HAS DETERMINED THAT $210.35 IS THE VALUE OF THE ARTICLES LOST WHICH WERE REASONABLE. PROPER FOR THE OFFICER TO HAVE IN HIS POSSESSION IN THE MILITARY SERVICE. IT APPEARS THAT ARTHUR SMITH WAS A SECOND LIEUTENANT OF COMPANY G. WHICH WAS CALLED INTO THE FEDERAL SERVICE ON APRIL 12. THAT HE WAS HONORABLY DISCHARGED FROM THE MILITARY SERVICE ON JUNE 5. WHICH IT IS ALLEGED CONTAINED THE ARTICLES OF PERSONAL PROPERTY DAMAGED OR DESTROYED AND CONSTITUTING DELAYED BAGGAGE.
AUGUST 11, 1921, 1 COMP. GEN. 63
PRIVATE PROPERTY LOST IN THE MILITARY SERVICE THERE IS NO AUTHORITY UNDER THE ACT OF MARCH 4, 1921, 41 STAT., 1436 PROVIDING FOR REIMBURSEMENT OF VALUE OF PRIVATE PROPERTY LOST IN THE MILITARY SERVICE UNDER CERTAIN CONDITIONS THEREIN SPECIFIED, TO REIMBURSE A FORMER OFFICER OF THE ARMY WHO ENTERED THE SERVICE THROUGH THE MEDIUM OF THE NATIONAL GUARD FOR VALUE OF PERSONAL BAGGAGE LOST WHILE BEING RETURNED TO HIS HOME AFTER HIS DISCHARGE FROM THE SERVICE.
COMPTROLLER GENERAL MCCARL TO CAPT. C. E. GRAY, UNITED STATES ARMY, AUGUST 11, 1921:
BY REFERENCE OF THE CHIEF OF FINANCE, I HAVE YOUR LETTER DATED AUGUST 5, 1921, TRANSMITTING AN APPROVED VOUCHER WITH ACCOMPANYING PAPERS, WHEREIN DECISION IS REQUESTED AS TO WHETHER OR NOT YOU ARE AUTHORIZED UNDER THE ACT OF MARCH 4, 1921, 41 STAT., 1436, TO MAKE A PAYMENT OF $210.35 TO ARTHUR SMITH, FIRST LIEUTENANT, INFANTRY, DISCHARGED, AS REIMBURSEMENT FOR THE LOSS OF HIS PRIVATE PROPERTY. THE SECRETARY OF WAR HAS DETERMINED THAT $210.35 IS THE VALUE OF THE ARTICLES LOST WHICH WERE REASONABLE, USEFUL, NECESSARY, AND PROPER FOR THE OFFICER TO HAVE IN HIS POSSESSION IN THE MILITARY SERVICE.
IT APPEARS THAT ARTHUR SMITH WAS A SECOND LIEUTENANT OF COMPANY G, SECOND INFANTRY, MAINE NATIONAL GUARD, WHICH WAS CALLED INTO THE FEDERAL SERVICE ON APRIL 12, 1917; THAT HE RETURNED FROM OVERSEAS DUTY ON MAY 5, 1919; AND THAT HE WAS HONORABLY DISCHARGED FROM THE MILITARY SERVICE ON JUNE 5, 1919, AT CAMP DEVENS, MASS. IT FURTHER APPEARS THAT A TRUNK, WHICH IT IS ALLEGED CONTAINED THE ARTICLES OF PERSONAL PROPERTY DAMAGED OR DESTROYED AND CONSTITUTING DELAYED BAGGAGE, WAS SHIPPED AUGUST 12, 1919, BY THE PORT AND ZONE TRANSPORTATION OFFICER, HOBOKEN, N.J., VIA THE HOBOKEN SHORE RAILROAD AND CONNECTING LINES, TO ARTHUR SMITH AT BANGOR, ME.; THAT THE SHIPMENT WAS MADE ON A GOVERNMENT BILL OF LADING AT A RELEASED VALUATION OF $10 PER 100 POUNDS; THAT THE SHIPMENT WAS "PRACTICALLY TOTALLY DESTROYED" AT ROTTERDAM JUNCTION, N.Y.; AND THAT THE CARRIER REFUSED TO RECOGNIZE A CLAIM THEREFOR IN EXCESS OF $9.20.
THE ACT OF MARCH 4, 1921, 41 STAT., 1436, PROVIDES REIMBURSEMENT OF THE VALUE OF PRIVATE PROPERTY BELONGING TO, AND LOST WITHOUT FAULT OR NEGLIGENCE OF,"OFFICERS, ENLISTED MEN, AND MEMBERS OF THE NURSE CORPS (FEMALE) OF THE ARMY" TRANSFERRED BY A COMMON CARRIER---
WHEN DURING TRAVEL UNDER ORDERS SUCH PRIVATE PROPERTY, INCLUDING THE REGULATION ALLOWANCE OF BAGGAGE, TRANSFERRED BY A COMMON CARRIER, OR OTHERWISE TRANSPORTED BY THE PROPER AGENT OR AGENCY OF THE UNITED STATES GOVERNMENT, IS LOST, DAMAGED, OR DESTROYED; BUT REPLACEMENT, RECOUPMENT, OR COMMUTATION IN THESE CIRCUMSTANCES, WHERE THE PROPERTY WAS OR SHALL BE TRANSPORTED BY A COMMON CARRIER, SHALL BE LIMITED TO THE EXTENT OF SUCH LOSS, DAMAGE, OR DESTRUCTION OVER AND ABOVE THE AMOUNT RECOVERABLE FROM SAID CARRIER.
PAYMENT OF THE VOUCHER HEREWITH RETURNED IS UNAUTHORIZED FOR THE REASON THAT ARTHUR SMITH WAS NOT AN OFFICER OF THE ARMY TRAVELING UNDER ORDERS WHEN HIS TRUNK AND THE CONTENTS WERE DAMAGED BY FIRE SUBSEQUENT TO AUGUST 12, 1919, AS HE HAD BEEN DISCHARGED THEREFROM ON JUNE 5, 1919, 22 COMP. DEC., 228; ALSO, AS HE ENTERED THE SERVICE THROUGH THE MEDIUM OF THE NATIONAL GUARD, THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF HIS BAGGAGE TO HIS HOME ON DISCHARGE, 25 COMP. DEC., 786. UNDER WHAT AUTHORITY SHIPMENT WAS MADE AT GOVERNMENT EXPENSE DOES NOT APPEAR, AND IN THE ABSENCE OF PROPER AUTHORITY NO OBLIGATION COULD BE IMPOSED ON THE GOVERNMENT FOR THE LOSS OF THE PROPERTY.