B-40118, MARCH 10, 1944, 23 COMP. GEN. 661
Highlights
THE ARRESTING OFFICER IS NOT ENTITLED TO PAYMENT OF THE REWARD. IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER. A COPY OF THE OFFER OF REWARD IN BOND'S CASE IS SUBMITTED WITH YOUR LETTER. SAID OFFER STATES THAT A REWARD OF $50 WILL BE PAID FOR THE DELIVERY OF THE DESERTER "AT ANY MARINE BARRACKS. BOND WAS APPREHENDED AT SIDNEY. WAS SUBSEQUENTLY DELIVERED BY SHERIFF SCHULZ TO THE ARMY PROVOST MARSHAL AT FORT FRANCIS E. YOUR DOUBTS AS TO THE PROPRIETY OF PAYMENT OF THE CLAIMED REWARD IS DUE TO THE FACT THAT BOND WAS NOT DELIVERED "AT ANY MARINE BARRACKS. HE WAS NOT SO DELIVERED. INSTEAD WAS TURNED OVER TO ARMY AUTHORITIES. THIS MAY NOT BE HELD TO CONSTITUTE SUBSTANTIAL COMPLIANCE WITH THE TERMS OF THE OFFER AND THE REWARD IS NOT PAYABLE.
B-40118, MARCH 10, 1944, 23 COMP. GEN. 661
REWARDS - DESERTERS - MARINE CORPS WHERE AN OFFER OF REWARD FOR THE DELIVERY OF A MARINE CORPS DESERTER REQUIRED THAT THE DESERTER BE DELIVERED AT ANY MARINE CORPS BARRACKS OR NAVAL STATION, THE APPREHENSION AND DELIVERY OF THE DESERTER TO ARMY AUTHORITIES, INSTEAD OF MARINE CORPS OR NAVY AUTHORITIES, MAY NOT BE REGARDED AS CONSTITUTING A SUBSTANTIAL COMPLIANCE WITH THE TERMS OF THE OFFER, AND, THEREFORE, THE ARRESTING OFFICER IS NOT ENTITLED TO PAYMENT OF THE REWARD, BUT THE ACTUAL EXPENSES OF APPREHENDING AND DELIVERING THE DESERTER TO ARMY AUTHORITIES MAY BE ALLOWED, IF PROPERLY SUPPORTED BY RECEIPTS AND APPROVED BY COMMANDANT OF THE MARINE CORPS.
ASSISTANT COMPTROLLER GENERAL YATES TO LT. J. D. CONNOLLY, U.S. MARINE CORPS, MARCH 10, 1944:
THERE HAS BEEN CONSIDERED YOUR LETTER OF FEBRUARY 5, 1944, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, TRANSMITTED THEREWITH, STATED IN FAVOR OF W. W. SCHULZ, SHERIFF, CHEYENNE COUNTY, NEBRASKA, FOR $50 AS REWARD FOR THE DELIVERY OF PRIVATE GEORGE A. BOND, USMC, DESERTER.
A COPY OF THE OFFER OF REWARD IN BOND'S CASE IS SUBMITTED WITH YOUR LETTER. SAID OFFER STATES THAT A REWARD OF $50 WILL BE PAID FOR THE DELIVERY OF THE DESERTER "AT ANY MARINE BARRACKS, NAVAL STATION, MARINE CORPS RECRUITING STATION, NAVY RECRUITING STATION, OR SUCH OTHER PLACE AS THE COMMANDANT OF THE MARINE CORPS MAY DIRECT.' APPARENTLY, BOND WAS APPREHENDED AT SIDNEY, NEBRASKA, ON JULY 29, 1943, AND WAS SUBSEQUENTLY DELIVERED BY SHERIFF SCHULZ TO THE ARMY PROVOST MARSHAL AT FORT FRANCIS E. WARREN, CHEYENNE, WYOMING, AND RELEASED TO THE ARMY AUTHORITIES THERE, ON AUGUST 14, 1943, TO MARINE CORPS GUARDS SENT FROM CAMP ELLIOTT, SAN DIEGO, CALIFORNIA, WHERE THE ENLISTED MAN HAD DESERTED ON JUNE 7, 1943. YOUR DOUBTS AS TO THE PROPRIETY OF PAYMENT OF THE CLAIMED REWARD IS DUE TO THE FACT THAT BOND WAS NOT DELIVERED "AT ANY MARINE BARRACKS," ETC., AS REQUIRED BY THE OFFER OF REWARD.
THE OFFER OF REWARD REQUIRED THAT BOND BE DELIVERED TO MARINE CORPS OR NAVY AUTHORITIES. HE WAS NOT SO DELIVERED, BUT INSTEAD WAS TURNED OVER TO ARMY AUTHORITIES. THIS MAY NOT BE HELD TO CONSTITUTE SUBSTANTIAL COMPLIANCE WITH THE TERMS OF THE OFFER AND THE REWARD IS NOT PAYABLE. CF. 25 COMP. DEC. 854. SHERIFF SCHULZ MAY BE ALLOWED ACTUAL EXPENSES, IF PROPERLY SUPPORTED BY RECEIPTS AND APPROVED BY THE COMMANDANT OF THE MARINE CORPS, OF APPREHENDING AND DELIVERING BOND TO THE ARMY AUTHORITIES AT CHEYENNE, WYOMING.
THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY. THE VOUCHER SUBMITTED IS RETURNED HEREWITH.