B-152388, JAN. 29, 1964

B-152388, JAN. 29, 1964

TO MR. VINCENT S. LUKAS, USCG, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 2, 1964, WHICH YOU PERSONALLY FILED IN THIS OFFICE ON JANUARY 3, 1964, WHEREIN YOU MAKE CLAIM FOR "$30,000.00 PLUS EXPENSES AND INTEREST" ON ACCOUNT OF MEDICAL EXPENSES FOR YOUR DEPENDENT CHILD STATED TO HAVE BEEN INCURRED BY YOU AS A RETIRED MEMBER OF THE U.S. COAST GUARD "OVER A FOUR YEAR PERIOD.' YOUR LETTER INDICATES THAT SUCH 4-YEAR PERIOD COMMENCED IN 1950.

SECTION 71A, TITLE 31, U.S. CODE, IN PERTINENT PART PROVIDES:

"/1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * *.'

IN VIEW OF THE ABOVE-QUOTED STATUTORY PROVISIONS, NO CONSIDERATION MAY BE GIVEN BY THIS OFFICE TO ANY PART OF YOUR CLAIM FOR MEDICAL EXPENSES WHICH YOU MAY HAVE INCURRED ON ACCOUNT OF YOUR DEPENDENT CHILD PRIOR TO JANUARY 3, 1954.

AS TO SUCH PART OF YOUR CLAIM WHICH MAY NOT BE BARRED BY THE PROVISIONS OF 31 U.S.C. 71A, YOUR ATTENTION IS CALLED TO SECTION 326 (B) OF THE PUBLIC HEALTH SERVICE ACT, APPROVED JULY 1, 1944, CH. 373, 58 STAT. 697, 42 U.S.C. 253 (B) (1946 ED.). SECTION 326 (B), WHICH WAS IN EFFECT DURING THE PERIOD COVERED BY YOUR CLAIM, PROVIDED AS FOLLOWS:

"SUBJECT TO REGULATIONS OF THE PRESIDENT, THE DEPENDENT MEMBERS OF FAMILIES (AS DEFINED IN SUCH REGULATIONS) OF PERSONS SPECIFIED IN SUBSECTION (A), OTHER THAN TEMPORARY MEMBERS OF THE UNITED STATES COAST GUARD RESERVE, SHALL BE FURNISHED MEDICAL ADVICE AND OUT-PATIENT TREATMENT BY THE SERVICE AT ITS HOSPITALS AND RELIEF STATIONS, AND THEY SHALL ALSO BE FURNISHED HOSPITALIZATION AT HOSPITALS OF THE SERVICE, IF SUITABLE ACCOMMODATIONS ARE AVAILABLE, AT A PER DIEM COST TO THE OFFICER, ENLISTED PERSON, OR MEMBER OF A CREW CONCERNED. SUCH COST SHALL BE AT SUCH UNIFORM RATE AS MAY BE PRESCRIBED FROM TIME TO TIME BY THE PRESIDENT FOR THE HOSPITALIZATION OF DEPENDENTS OF NAVAL AND MARINE CORPS PERSONNEL AT ANY NAVAL HOSPITAL, PURSUANT TO SECTION 2 OF THE ACT OF MAY 10, 1943 (57 STAT. 80).'

SECTION 326 (E) OF THE 1944 LAW, 58 STAT. 698, IN PERTINENT PART PROVIDED THAT "THE SERVICE (PUBLIC HEALTH SERVICE) SHALL PROVIDE ALL SERVICES REFERRED TO IN SUBSECTION (A) ("MEDICAL, SURGICAL, AND DENTAL TREATMENT AND HOSPITALIZATION") REQUIRED BY THE COAST GUARD. * * *.'

THE PRESIDENT OF THE UNITED STATES IN ACCORDANCE WITH THE AUTHORITY VESTED IN HIM BY SECTION 326 (B) OF THE 1944 LAW PROMULGATED THE FOLLOWING PERTINENT REGULATIONS IN EXECUTIVE ORDER NO. 9703, MARCH 12, 1946 (11 F.R. 2625-2627), GOVERNING THE FURNISHING OF MEDICAL CARE AND HOSPITALIZATION OF COAST GUARD PERSONNEL, INCLUDING RETIRED PERSONNEL AND THE DEPENDENT MEMBERS OF FAMILIES OF SUCH COAST GUARD PERSONNEL.

"SEC. 2 PERSONS ENTITLED TO TREATMENT.

TO THE EXTENT AND UNDER THE CIRCUMSTANCES PRESCRIBED IN THESE REGULATIONS, THE FOLLOWING PERSONS SHALL BE ENTITLED TO MEDICAL, SURGICAL, AND DENTAL TREATMENT AND HOSPITALIZATION BY THE SERVICE:

"/1) COAST GUARD. (A) COMMISSIONED OFFICERS * * * AND ENLISTED PERSONNEL OF THE REGULAR COAST GUARD * * * WHETHER ON ACTIVE DUTY OR RETIRED;

"SEC. 3. USE OF SERVICE FACILITIES. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PERSONS SPECIFIED IN SECTION 2 SHALL BE ENTITLED TO MEDICAL, SURGICAL, AND DENTAL TREATMENT AND HOSPITALIZATION ONLY AT MEDICAL RELIEF STATIONS AND BY DESIGNATED PHYSICIANS AND DESIGNATED DENTISTS, AND THE COST OF SERVICES PROCURED ELSEWHERE SHALL NOT BE BORNE BY THE SERVICE.

"SEC. 4. USE OF OTHER THAN SERVICE FACILITIES.

"/A) WHEN A PERSON SPECIFIED IN SECTION 2 WHO IS ON ACTIVE DUTY REQUIRES IMMEDIATE MEDICAL, SURGICAL, OR DENTAL TREATMENT OR HOSPITALIZATION AND THE URGENCY OF THE SITUATION DOES NOT PERMIT TREATMENT AT A MEDICAL RELIEF STATION OR BY A DESIGNATED PHYSICIAN OR DESIGNATED DENTIST, AN OFFICER OF THE SAME SERVICE AS THE PATIENT MAY ARRANGE FOR TREATMENT OR HOSPITALIZATION AT THE EXPENSE OF THE SERVICE.

"SEC. 9. DEPENDENT MEMBERS OF FAMILIES; TREATMENT. TO THE EXTENT AND UNDER THE CIRCUMSTANCES PRESCRIBED IN THESE REGULATIONS, THE SERVICE SHALL PROVIDE MEDICAL ADVICE AND OUT-PATIENT TREATMENT AT FIRST-, SECOND-, AND THIRD-CLASS MEDICAL RELIEF STATIONS AND HOSPITALIZATION AT FIRST-CLASS STATIONS TO THE DEPENDENT MEMBERS OF FAMILIES OF THE FOLLOWING PERSONS:

"/1) COAST GUARD. COMMISSIONED OFFICERS, CHIEF WARRANT OFFICERS, WARRANT OFFICERS, CADETS, AND ENLISTED PERSONNEL OF THE REGULAR COAST GUARD, INCLUDING THOSE ON SHORE DUTY AND THOSE ON DETACHED DUTY, WHETHER ON ACTIVE DUTY OR RETIRED; AND REGULAR MEMBERS OF THE UNITED STATES COAST GUARD RESERVE AND MEMBERS OF THE WOMEN'S RESERVE OF THE COAST GUARD, WHEN ON ACTIVE DUTY OR WHEN RETIRED FOR DISABILITY.

"SEC. 10. DEPENDENT MEMBERS OF FAMILIES; USE OF SERVICE FACILITIES. DEPENDENT MEMBER OF THE FAMILY OF ANY PERSON SPECIFIED IN SECTION 9 SHALL, UPON PRESENTATION OF SATISFACTORY EVIDENCE OF SUCH STATUS, BE ENTITLED TO MEDICAL ADVICE AND OUT-PATIENT TREATMENT AT FIRST-, SECOND , AND THIRD- CLASS MEDICAL RELIEF STATIONS AND HOSPITALIZATION AT FIRST CLASS STATIONS IF SUITABLE ACCOMMODATIONS ARE AVAILABLE THEREIN AND IF THE CONDITION OF THE DEPENDENT IS SUCH AS TO REQUIRE HOSPITALIZATION, BOTH AS DETERMINED BY THE MEDICAL OFFICER IN CHARGE.

"/B) HOSPITALIZATION AT FIRST-CLASS STATIONS SHALL BE AT A PER DIEM COST TO THE OFFICER, ENLISTED PERSON, MEMBER OF A CREW OR OTHER PERSON CONCERNED. SUCH COST SHALL BE AT SUCH UNIFORM RATE AS MAY BE PRESCRIBED FROM TIME TO TIME BY THE PRESIDENT FOR THE HOSPITALIZATION OF DEPENDENTS OF NAVAL AND MARINE CORPS PERSONNEL AT ANY NAVAL HOSPITAL.

"/C) HOSPITALIZATION AT FIRST-CLASS STATIONS AND OUT-PATIENT TREATMENT AT FIRST-, SECOND-, AND THIRD-CLASS STATIONS MAY INCLUDE SUCH SERVICES AND SUPPLIES AS, IN THE JUDGMENT OF THE MEDICAL OFFICER IN CHARGE, ARE NECESSARY FOR REASONABLE AND ADEQUATE TREATMENT.'

IT WILL BE NOTED THAT WHILE SECTION 3 OF EXECUTIVE ORDER 9703 EXPRESSLY PROVIDED THAT COAST GUARD PERSONNEL SHALL BE ENTITLED TO MEDICAL, SURGICAL, AND DENTAL TREATMENT AND HOSPITALIZATION ONLY AT MEDICAL RELIEF STATIONS AND BY DESIGNATED PHYSICIANS AND DESIGNATED DENTISTS AND THAT ,THE COST OF SERVICES PROCURED ELSEWHERE SHALL NOT BE BORNE BY THE SERVICE," CERTAIN SPECIFIC EXCEPTIONS TO THE FOREGOING WERE MADE IN SECTION 4 OF EXECUTIVE ORDER NO. 9703. SEE SUBSECTION (A) OF SECTION 4, QUOTED ABOVE.

NO SIMILAR EXCEPTIONS WERE MADE WITH RESPECT TO THE PROVISIONS OF SECTIONS 9 AND 10 OF EXECUTIVE ORDER NO. 9703 RELATING TO THE MEDICAL CARE, TREATMENT AND HOSPITALIZATION OF THE DEPENDENT MEMBERS OF FAMILIES OF RETIRED COAST GUARD PERSONNEL. HENCE, THERE WOULD APPEAR TO BE NO STATUTORY PROVISION AUTHORIZING THE PROCUREMENT BY YOU OF MEDICAL TREATMENT AND HOSPITALIZATION FOR YOUR DEPENDENT CHILD FROM CIVILIAN SOURCES AT GOVERNMENT EXPENSE. ACCORDINGLY, ON THE BASIS OF YOUR LETTER, THAT PORTION OF YOUR CLAIM WHICH IS NOT BARRED BY THE PROVISIONS OF 31 U.S.C. 71A MAY NOT BE PAID FROM PUBLIC FUNDS AND SUCH CLAIM THEREFORE IS DISALLOWED.

THE CONCLUSION SET FORTH ABOVE IS BASED ON YOUR LETTER AND THE PERTINENT PROVISIONS OF LAW AND REGULATIONS APPLICABLE THERETO. HOWEVER, WITH RESPECT TO YOUR CLAIM FOR REIMBURSEMENT OF MEDICAL EXPENSE, WE ARE THIS DATE REQUESTING A REPORT FROM THE COMMANDANT, UNITED STATES COAST GUARD. IF SUCH REPORT DISCLOSES ANY EVIDENCE OR FACTS WHICH ESTABLISH YOUR RIGHT TO THE BENEFITS CLAIMED, WE WILL ADVISE YOU PROMPTLY.

WE HAVE NOTED THE CONTENTS OF YOUR LETTER OF JANUARY 20, 1964, TO THE EFFECT THAT YOU ARE INITIATING AN INVESTIGATION CONCERNING YOUR RETIREMENT FROM THE COAST GUARD.