JOHN W. CRUMPACKER, COMMANDER, UNITED STATES NAVY JUNE 23, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 1138] The Committee on the Judiciary, to whom was referred the bill (S. 1138) for the relief of John W. Crumpacker, commander, United States Navy, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The facts will be found fully set forth in Senate Report No. 343, Eighty-first Congress, first session, which is appended hereto and made a part of this report. Your committee concur in the recommendation of the Senate. 18. Rept. No. 343, 81st Cong., 1st sess. The purpose of the proposed legislation is to reimburse Commander John W. Crumpacker, United States Navy, for expenses incurred by him for the transportation of certain of his household effects from Accomac, Va., to Michigan City, Ind., following the evacuation of his dependents from American Samoa in 1942. STATEMENT This bill authorizes the payment to Commander Crumpacker of the sum of $135.60, covering the amount he paid personally for the transportation of his household goods from Accomac, Va., to Michigan City, Ind., as a result of orders causing the evacuation of his dependents from American Samoa after the outbreak of the war to Michigan City, Ind. The Government would have been able to pay this amount had Commander Crumpacker himself been ordered returned to the States at the same time his dependents were The Navy Department requests enactment of the bill and the Comptroller General in a letter dated March 16, 1949, states: "However, since the officer's claim is not without merit, and since the amount directed to be paid by the proposed bill does not exceed what it would have cost had the shipment been made by the Government, this office has no objection to the enactment of the proposed bill." Attached hereto and made a part of this report are letters received from the Navy Department and the Comptroller General in connection with the proposed legislation. THE SECRETARY OF THE NAVY, Hon. MILLARD E. TYDINGS, Chairman of the Committee on Armed Services, United States Senate. DEAR MR. CHAIRMAN: There is transmitted herewith a draft of a proposed 'bill for the relief of John W. Crumpacker, Commander, United States Navy. The purpose of the proposed legislation is to reimburse Commander John W. Crumpacker, United States Navy, for expenses incurred by him for the transportation of certain of his household effects from Accomac, Va., to Michigan City, Ind., following the evacuation of his dependents from American Samoa in 1942. At the time Commander Crumpacker was assigned to duty at Tutuila, Samoa, from Washington, D. C., he shipped a part of his household effects to his new station and part to storage at Accomac, Va., his then official home. By orders dated January 1, 1942, Commander Crumpacker's dependents and household effects were ordered returned to the United States for military reasons Pursuant to the provisions of the Fifth Supplemental National Deficiency Appropriation Act of April 5, 1941 (55 Stat. 123), Michigan City, Ind., was selected as the place in continental United States to which transportation should be furnished and his dependents and household effects were accordingly moved from his overseas station to that place at Government expense. That part of his household effects which were in storage at Accomac, Va., could not be transported at Government expense to Michigan City, Ind., as the Comptroller General held that there was no authority of law for transportation of household effects of naval personnel at Government expense from one point in the United States to another point in the United States prior to the issuance of orders for the relief of such personnel from duty at stations outside the continental limits of the United States The proposed legislation would authorize payment to Commander Crumpacker of a sum equivalent to that which it would have cost had his household effects in storage at Accomac, Va., been shipped at Government expense to Michigan City, Ind., a sum to which it is considered he is justly entitled The Navy Department accordingly recommends enactment of the proposed legislation. Enactment of the proposed legislation would result in a cost of $135.60 to the Government. An identical report has been transmitted to the Speaker of the House of Repre sentatives this date. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed legislation to the Congress Sincerely yours, Hon. PAT MCCARRAN, W. JOHN KENNEY, Acting Secretary of the Navy NAVY DEPARTMENT OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman, Committee on the Judiciary, United States Senate DEAR MR. CHAIRMAN: In compliance with your request of March 11, 1949, the following information with regard to S. 1138, a bill for the relief of John W. Crumpacker, Commander, United States Navy, is furnished for the use of your committee. Commander Crumpacker was ordered to American Samoa on April 19, 1941, at which time it would have been possible for him to have made partial shipment of his household effects to American Samoa and to Michigan City. Ind., at Government expense. Depending upon the location of their overseas duty stations, it was the peacetime practice or custom of naval officers on receipt of overseas duty orders to ship all of their household effects to the overseas stations or to their homes or to make partial shipments of such effects. The cost of the partial shipment of household effects to a point other than the overseas duty station could not exceed the cost of the shipment of such effects to the overseas duty station. With regard to your question as to whether there is any precedent for payment such as is involved in the subject bill, you are advised that the Navy Department bas no knowledge of a similar claim having been paid. For the Secretary of the Navy: G. L. RUSSELL, Rear Admiral, United States Navy, ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES, Hon. PAT. MCCARRAN, Chairman, Judiciary Committee, United States Senate. MY DEAR MR. CHAIRMAN: Reference is made to your letter of March 4, 1949, with enclosure, acknowledged March 8, 1949, requesting an expression of the views of this Office with respect to S. 1138, Eighty-first Congress, first session, a bill for the relief of John W. Crumpacker, commander, United States Navy, which bill provides, in pertinent part, as follows "That the Secretary of the Treasury is authorized and directed to pay, out of money in the Treasury not otherwise appropriated, to John W. Crumpacker, commander, United States Navy, the sum of $135.60, which sum represents the amount which it would have cost had shipment been made at Government expense of certain of his household effects from Accomac, Virginia, to Michigan City, Indiana, following the evacuation of his dependents from Tutuila. American Samoa, in January 1942 * A similar bill, H. R. 2387, Eightieth Congress, first session, for the relief of John W. Crumpacker, in the sum of $252.50, was the subject of my report of May 27, 1947, B-48672, to the Assistant Director, Bureau of the Budget, in which it was stated that "aside from the fact that $135.60 would appear to represent the maximum of the Government's obligation on account of the involved shipment of household effects, this Office has no objection to the proposed bill." The records of this Office show that at the time Commander Crumpacker was transferred from Washington, D. C., to Tutuila, American Samoa, for duty, he shipped a part of his household effects to his new station, and a part thereof to storage at Accomac. Va By evacuation orders dated January 1, 1942, the officer was directed to return his dependents and household effects to the United States, for military reasons, pursuant to the provision of the Fifth Supplemental National Deficiency Appropriation Act, 1941, 55 Stat. 123, 129. He selected Michigan City. Ind., as the place in the continental United States to which transportation was desired, and his dependents and household effects were moved from his overseas station to that point at Government expense. Thereafter, he applied for transportation of approximately 2,000 pounds of household effects from storage at Accomac, Va., to his selected home, Michigan City, Ind., at Government expense. Upon rejection of his application by the Navy Department, he arranged for the shipment of such effects, weighing 2,310 pounds, between said points at a personal expense of $252.50. There being no authority of law for transportation of household effects of naval personnel at Government expense from one point to another in the United States prior to the issuance of orders for relief of such personnel from duty at stations outside the continental United States, it was held in decision of October 15, 1945. B-48672, that reimbursement could not be made by this Office for the expense so incurred. However, since the officer's claim is not without merit, and since the amount directed to be paid by the proposed bill does not exceed what it would have cost had the shipment been made by the Government, this Office has no objection to the enactment of the proposed bill. Sincerely yours, FRANK L. YATES, Assistant Comptroller General of the United States. Attached hereto and made a part of this report are letters received from the Navy Department and the Comptroller General in connection with the proposed legislation. Hon. MILLARD E. TYDINGS, THE SECRETARY OF THE NAVY, Chairman of the Committee on Armed Services, United States Senate. DEAR MR. CHAIRMAN: There is transmitted herewith a draft of a proposed bill for the relief of John W. Crumpacker, Commander, United States Navy. The purpose of the proposed legislation is to reimburse Commander John W. Crumpacker, United States Navy, for expenses incurred by him for the transportation of certain of his household effects from Accomac, Va., to Michigan City, Ind., following the evacuation of his dependents from American Samoa in 1942. At the time Commander Crumpacker was assigned to duty at Tutuila, Samoa, from Washington, D. C., he shipped a part of his household effects to his new station and part to storage at Accomac, Va., his then official home. By orders dated January 1, 1942, Commander Crumpacker's dependents and household effects were ordered returned to the United States for military reasons Pursuant to the provisions of the Fifth Supplemental National Deficiency Appropriation Act of April 5, 1941 (55 Stat. 123), Michigan City, Ind., was selected as the place in continental United States to which transportation should be furnished and his dependents and household effects were accordingly moved from bis overseas station to that place at Government expense. That part of his household effects which were in storage at Accomac, Va., could not be transported at Government expense to Michigan City, Ind., as the Comptroller General held that there was no authority of law for transportation of household effects of naval personnel at Government expense from one point in the United States to another point in the United States prior to the issuance of orders for the relief of such personnel from duty at stations outside the continental limits of the United States The proposed legislation would authorize payment to Commander Crumpacker of a sum equivalent to that which it would have cost had his household effects in storage at Accomac, Va., been shipped at Government expense to Michigan City, Ind., a sum to which it is considered he is justly entitled The Navy Department accordingly recommends enactment of the proposed legislation. Enactment of the proposed legislation would result in a cost of $135.60 to the Government. An identical report has been transmitted to the Speaker of the House of Representatives this date. The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed legislation to the Congress Sincerely yours. W. JOHN KENNEY, NAVY DEPARTMENT OFFICE OF THE JUDGE ADVOCATE GENERAL, Hon. PAT MCCARRAN, Commander Crumpacker was ordered to American Samoa on April 19, 1941, at which time it would have been possible for him to have made partial shipment of his household effects to American Samoa and to Michigan City, Ind., at Government expense. Depending upon the location of their overseas duty stations, it was the peacetime practice or custom of naval officers on receipt of overseas duty orders to ship all of their household effects to the overseas stations or to their homes or to make partial shipments of such effects. The cost of the partial shipment of household effects to a point other than the overseas duty station could not exceed the cost of the shipment of such effects to the overseas duty station. |