A-54494, FEBRUARY 27, 1935, 14 COMP. GEN. 661

A-54494, FEBRUARY 27, 1935, 14 COMP. GEN. 661

TRANSPORTATION - OFFICER'S MOUNTS - ATTENDANT THE FARE OF AN ATTENDANT ACCOMPANYING AN OFFICER'S MOUNTS IS CHARGEABLE AS A PART OF THE COST OF THE TRANSPORTATION OF THE MOUNTS AND WHERE EXCESS MOUNTS ARE SHIPPED THE TRANSPORTATION CHARGE FOR THE ATTENDANT IS TO BE APPORTIONED BETWEEN AUTHORIZED MOUNTS AND EXCESS MOUNTS ACCORDING TO THE RELATIVE NUMBER OF EACH. THE FACT THAT THE ATTENDANT, AS AN ENLISTED MAN, IS BY ORDERS TRANSFERRED TO ANOTHER ORGANIZATION UPON COMPLETION OF THE DUTY OF ATTENDANT DOES NOT OPERATE TO RELIEVE THE OFFICER OF RESPONSIBILITY FOR THAT PART OF THE ATTENDANT'S TRANSPORTATION CHARGE APPORTIONED TO THE EXCESS MOUNTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 27, 1935:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 6, 1934, AS FOLLOWS:

THERE HAS COME TO MY ATTENTION YOUR DECISION OF SEPTEMBER 18, 1934, A- 54494, WHEREIN YOU HELD THAT THERE SHOULD BE DEPOSITED BY LIEUTENANT ROBERT C. ALOE, INFANTRY, THE ADDITIONAL AMOUNT OF $8.50 WHICH REPRESENTS ONE-HALF OF THE FARE OF THE ENLISTED ATTENDANT FOR TWO MOUNTS SHIPPED FOR LIEUTENANT ALOE FROM FORT FRANCIS E. WARREN, WYOMING, TO SAN FRANCISCO, CALIFORNIA.

IN THE ANNUAL APPROPRIATIONS FOR THE MAINTENANCE OF THE ARMY, PROVISION IS MADE FOR THE TRANSPORTATION OF TROOPS. WHERE A CHANGE OF STATION OF A MEMBER OF THE MILITARY SERVICE IS MADE UNDER ORDERS AS NECESSARY IN THE MILITARY SERVICE, IT IS THE USUAL PROCEDURE FOR THE COST OF NECESSARY TRANSPORTATION TO BE BORNE FROM FUNDS APPROPRIATED FOR SUCH TRANSPORTATION. NO PROVISION IS FOUND IN THE LAW WHICH REQUIRES THAT THE EXPENSES OF AN ENLISTED MAN CHANGING STATION PURSUANT TO SUCH VALID ORDER SHALL BE BORNE FROM THE PERSONAL FUNDS OF ANOTHER MEMBER OF THE SERVICE SO AS TO RELIEVE THE GOVERNMENT AND THE APPROPRIATION FROM BEARING SUCH EXPENSE. MOREOVER, THE HOLDING IN YOUR DECISION IN QUESTION THAT LIEUTENANT ALOE SHOULD BEAR A PART OF THE NECESSARY COST OF TRANSPORTING PRIVATE 1ST CLASS OGLE TO HIS NEW STATION SEEMS TO BE INCONSISTENT AND AT VARIANCE WITH THE CONCLUSION REACHED BY YOU IN A-20114, NOV. 8, 1927, WHEREIN IT WAS HELD IN SUBSTANCE THAT WHERE NO INCREASED COSTS RESULT TO THE GOVERNMENT BY INCLUDING AN EXCESS MOUNT THERE IS NO JUSTIFICATION FOR A CHARGE AGAINST THE OWNER FOR THE EXCESS SHIPMENT.

ACCORDINGLY IT IS REQUESTED THAT FURTHER CONSIDERATION BE GIVEN BY YOU TO THE SUBJECT MATTER OF YOUR DECISION OF SEPTEMBER 18, 1934.

THE RECORD IN CONNECTION WITH THE CHARGE OF $8.50 SHOWS THAT FEBRUARY 16, 1933, BY PARAGRAPH 2, WAR DEPARTMENT SPECIAL ORDERS NO. 39, BRIGADIER GENERAL FRANK S. COCHEU WAS RELIEVED FROM COMMAND OF THE 4TH BRIGADE AND FROM FURTHER DUTY AT FORT FRANCIS E. WARREN, WYOMING, TO TAKE EFFECT AT SUCH TIME AS WOULD ENABLE HIM TO COMPLY WITH SAID ORDER, WHICH DIRECTED THAT HE SHOULD PROCEED TO SAN FRANCISCO, CALIFORNIA, SAIL FROM THAT PORT ON TRANSPORT SCHEDULED TO LEAVE ABOUT JUNE 2, 1933, FOR THE PHILIPPINE ISLANDS, AND UPON ARRIVAL IN MANILA, REPORT TO THE COMMANDING GENERAL, PHILIPPINE DEPARTMENT, FOR ASSIGNMENT TO THE COMMAND OF THE PHILIPPINE DIVISION. FEBRUARY 24, 1933, 2ND LIEUTENANT ROBERT C. ALOE, AS AIDE-DE- CAMP TO BRIGADIER GENERAL COCHEU WAS ORDERED TO ACCOMPANY GENERAL COCHEU TO THE PHILIPPINE ISLANDS. FEBRUARY 25, 1933, A LETTER FROM GENERAL COCHEU TO THE COMMANDING GENERAL, 2D DIVISION, FORT SAM HOUSTON, TEXAS, REQUESTED THE TRANSFER OF PRIVATE 1CL. EDGAR L. OGLE, HEADQUARTERS COMPANY, 4TH BRIGADE, AS FOLLOWS:

1. REQUESTS THAT PVT.1CL. EDGAR L. OGLE, 6372267, HQ.CO., 4TH BRIGADE, BE TRANSFERRED TO THE PHILIPPINE DEPARTMENT.

2. IF THIS REQUEST IS GRANTED, PVT. 1CL.OGLE WILL BE DETAILED TO ACCOMPANY THE PRIVATE MOUNTS OF MY AIDE, 2ND LT. ROBERT C. ALOE, TO SAN FRANCISCO.

4. PVT.1CL. OGLE HAS STATED THAT HE DESIRES THIS TRANSFER.

THIS REQUEST WAS APPROVED BY THE ADJUTANT GENERAL, WAR DEPARTMENT MARCH 9, 1933, IN INDORSEMENT OF THAT DATE TO THE COMMANDING GENERAL, 8TH CORPS AREA. SUBSEQUENT TO THE APPROVAL, THE TRAVEL OF PRIVATE OGLE TO FORT MASON, CALIFORNIA, AS ATTENDANT TO LIEUTENANT ALOE'S MOUNTS, AND FROM THAT POINT TO FORT MCDOWELL, CALIFORNIA, AS PURSUANT TO TRANSFER UPON COMPLETION OF THE DUTY OF TRAVELING TO FORT MASON AS ATTENDANT TO THE MOUNTS, WAS DIRECTED IN SPECIAL ORDERS NO. 43, HEADQUARTERS FORT FRANCIS E. WARREN, WYOMING, MARCH 22, 1933, AS FOLLOWS:

4. UNDER THE PROVISIONS OF PARAGRAPH 25, AR 30-965, DATED JUNE 1, 1923, PRIVATE FIRST CLASS EDGAR L. OGLE, 6372267, HEADQUARTERS COMPANY, 4TH BRIGADE, IS DETAINED AS ATTENDANT TO AND WILL PROCEED AT THE PROPER TIME WITH THE PRIVATE MOUNT OF 2ND LT. ROBERT C. ALOE, INFANTRY, ADD, TO FORT MASON, CALIF.

UPON ARRIVAL AT FORT MASON, CALIF., PRIVATE OGLE WILL TURN SAID MOUNT OVER TO THE QUARTERMASTER FOR DELIVERY TO LT. ALOE IN THE PHILIPPINE ISLANDS.

UPON COMPLETION OF THIS DUTY AND UNDER THE PROVISIONS OF SECTION III, AR 615-200, 3RD INDORSEMENT, WAR DEPARTMENT, AGO (FILE AG 201 OGLE, EDGAR L. (2-25-33) ENL.), DATED MARCH 9, 1933, AND 4TH INDORSEMENT, HEADQUARTERS EIGHTH CORPS AREA (FILE AG 201-/ENL.) OGLE, EDGAR L.), DATED MARCH 14, 1933, PRIVATE FIRST CLASS EDGAR L. OGLE, 6372267, HEADQUARTERS COMPANY, 4TH BRIGADE, IS TRANSFERRED, IN GRADE OF PRIVATE, TO INFANTRY UNASSIGNED, PHILIPPINE DEPARTMENT, AND WILL PROCEED TO FORT MCDOWELL, CALIF., REPORTING UPON ARRIVAL THEREAT TO THE COMMANDING OFFICER, OVERSEAS DISCHARGE AND REPLACEMENT DEPOT, FOR FURTHER DISPOSITION.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND PAYMENT WHEN MADE IS CHARGEABLE TO PROCUREMENT AUTHORITIES: QM 1600 P 54-0623 A 211-3; QM 1600 P 62-0700 A 211-3 AND QM 4 P 3-0630 A 237-3.

ALSO, THE BILL OF LADING, NO. WQ-497744, MAY 1, 1933, COVERING THE TRANSPORTATION OF THE OFFICER'S MOUNTS BORE THE FOLLOWING NOTATION:

* * * NAME OF ATTENDANT: PFC EDGAR L. OGLE, HQ.CO. 4TH BRIGADE. TRANSPORTATION REQUIRED FOR ATTENDANT IN CHARGE FROM RUSSELL, WYOMING TO SAN FRANCISCO, CALIF. THE FARE OF ATTENDANT WHEN NOT CARRIED FREE UNDER CARRIERS TARIFF TO BE PAID FOR IN CONNECTION WITH FREIGHT CHARGES ON THIS BILL OF LADING. NO TRANSPORTATION REQUEST ISSUED FOR RETURN JOURNEY OF ATTENDANT.

IN THE LIGHT OF THE FACTS THUS ESTABLISHED, IT APPEARS BEYOND QUESTION THAT THE TRAVEL OF PRIVATE OGLE, AT LEAST FROM FORT FRANCIS E. WARREN TO FORT MASON, SAN FRANCISCO, WAS BY REASON OF THE PERFORMANCE OF THE DUTY OF ATTENDANT. THE REQUEST FOR HIS TRANSFER, WHICH HAD BEEN MADE ALMOST IMMEDIATELY UPON THE ISSUANCE OF THE ORDER FOR THE CHANGE OF STATION OF LIEUT. ALOE, HAD STATED, APPARENTLY, AS THE REASON FOR REQUESTING THE TRANSFER, THAT PRIVATE OGLE WOULD BE DETAILED TO ACCOMPANY THE PRIVATE MOUNTS OF LIEUT. ALOE TO SAN FRANCISCO, IF THE REQUEST SHOULD BE GRANTED, AND THE ORDER OF MARCH 22, 1933, DIRECTING THE TRAVEL TO SAN FRANCISCO AS ATTENDANT, RECITED THAT "UPON COMPLETION OF THIS DUTY," NAMELY, TRAVEL TO SAN FRANCISCO AS ATTENDANT, PRIVATE OGLE "IS TRANSFERRED" TO INFANTRY, UNASSIGNED, PHILIPPINE DEPARTMENT. MOREOVER, THE FACT THAT THE TRAVEL OF THE ENLISTED MAN WAS NOT BEGUN UNTIL MAY 1, 1933, ALTHOUGH THE REQUEST FOR THE TRANSFER HAD BEEN APPROVED MARCH 9, 1933, AND THE FURTHER FACT THAT, ACCORDING TO THE BILL OF LADING, THE FARE OF THE ATTENDANT, WHEN NOT CARRIED FREE UNDER CARRIER'S TARIFFS, WAS TO BE PAID FOR IN CONNECTION WITH THE FREIGHT CHARGES ON THE BILL OF LADING COVERING THE TRANSPORTATION OF THE MOUNTS, SEEMED INCONSISTENT WITH THE IDEA THAT THE TRAVEL OF THE ENLISTED MAN WAS OTHERWISE THAN AS ATTENDANT OR THAT THE COST OF SUCH TRAVEL COULD BE CONSIDERED AS BEING OCCASIONED BY THE NECESSITY FOR HIS TRANSFER RATHER THAN FOR THE PURPOSE OF AFFORDING AN ATTENDANT TO LIEUT. ALOE'S MOUNTS. IN THAT VIEW, IT APPEARING THAT TWO MOUNTS WERE TRANSPORTED, OR ONE IN EXCESS OF THE AUTHORIZED NUMBER, THE OFFICER WAS FOUND CHARGEABLE WITH ONE-HALF OF THE FARE OF THE ATTENDANT, SAID AMOUNT BEING APPORTIONED AS A PART OF THE CHARGES FOR THE TRANSPORTATION OF THE EXCESS MOUNT.

CONCERNING THE SUGGESTION THAT PROVISION FOR THE TRANSPORTATION OF TROOPS IS MADE IN THE ANNUAL APPROPRIATIONS FOR THE MAINTENANCE OF THE ARMY AND THAT IT IS THE USUAL PRACTICE FOR THE COST OF NECESSARY TRANSPORTATION TO BE BORNE FROM FUNDS APPROPRIATED FOR SUCH TRANSPORTATION, IT IS NOTED THAT WAR DEPARTMENT APPROPRIATIONS APPEAR TO HAVE BEEN CHARGED WITH THE COST OF THIS TRAVEL, THE BILLS OF THE CARRIERS HAVING BEEN PAID THEREFROM. THE BASIS FOR CHARGING LIEUT. ALOE IS NOT THAT HE MAY BE MADE TO BEAR ANY PART OF THE EXPENSE OF THE TRANSFER OF ANOTHER MEMBER OF THE MILITARY FORCES, BUT THAT THE TRAVEL HERE CONCERNED WAS AS AN ATTENDANT TO THE OFFICER'S MOUNTS AND HIS FARE WAS PROPERLY INCLUDED IN THE COST OF THE SHIPMENT. RELATIVE TO THE SUGGESTION THAT THE CHARGE HERE CONCERNED IS INCONSISTENT WITH THE HOLDING IN A-20114, NOVEMBER 8, 1927, ATTENTION IS INVITED TO A- 40853, APRIL 4, 1932, TO MAJOR J. B. HARPER, F.D., UNITED STATES ARMY, WHEREIN A LIKE SUGGESTION WAS CONSIDERED AND FOUND NOT SUSTAINED. THERE SEEMS TO BE A MISAPPREHENSION AS TO THE HOLDING IN A-20114, NOVEMBER 8, 1927. THREE PRIVATE MOUNTS, ONE BEING EXCESS, THE PROPERTY OF CAPTAIN MORRILL ROSS, WERE SHIPPED FROM FT. SILL, OKLA., TO MONTEREY, CALIF., IN A CAR WITH HOUSEHOLD GOODS, PROFESSIONAL BOOKS, AND ONE PRIVATE MOUNT BELONGING TO MAJ. MAX E. ELSER, THE SHIPMENT MOVING AS A CARLOAD OF IMMIGRANT MOVABLES, AND THERE WAS NO CHARGE FOR THE FARE OF THE ATTENDANT SENT WITH THE FOUR MOUNTS. THE COST OF THE SHIPMENT OF THE EXCESS MOUNT WAS PRORATED, AS TO WHICH THERE WAS NO QUESTION, AND IT WAS PROPOSED TO CHARGE CAPTAIN ROSS WITH ONE-FOURTH OF THE COST OF RETURNING THE ENLISTED MAN TO HIS PROPER STATION. THE EFFECT OF THE DECISION WAS THAT IN THE CIRCUMSTANCE THERE THE COST OF RETURNING THE ENLISTED MAN WAS NO PART OF THE FREIGHT CHARGES FOR SHIPPING THE HORSES, THAT HIS RETURN WAS REQUIRED IN CONNECTION WITH THE SHIPMENT OF THE HORSES WHICH WERE NOT EXCESS, AND THAT NO PART OF THE RETURN FARE OF THE ATTENDANT WAS PROPERLY CHARGEABLE TO THE OFFICER. WHAT WAS THERE HELD HAS NOTHING WHATEVER TO DO WITH, NOR DOES IT MAKE ANY CHANGE IN, THE UNIFORM RULE FOLLOWED WITH RESPECT TO EXCESS SHIPMENTS, WHICH IS THAT THE TOTAL COST OF THE SHIPMENT SHALL BE PRORATED BETWEEN THE OFFICER AND THE GOVERNMENT ON THE BASIS OF THE WEIGHT OR PROPORTION CHARGEABLE TO EACH.

NO REASON APPEARS, THEREFORE, WHY THE CONCLUSION HERETOFORE REACHED IN THIS CASE IS NOT CORRECT AND IT IS, ACCORDINGLY, REQUESTED THAT THE SUM OF $8.50 ADDITIONAL CHARGES BE COLLECTED FROM LIEUTENANT ALOE.