B-124758, NOV. 30, 1955
Highlights
WHEREIN HE WAS FOUND TO BE INDEBTED TO THE UNITED STATES FOR THE SUM OF $1. AS INDICATED IN THE PREVIOUS DECISION THE ESTABLISHED RULE LONG FOLLOWED BY GOVERNMENT ACCOUNTING OFFICERS IS THAT NAVAL RESERVE OFFICERS WHILE ASSIGNED TO ACTIVE DUTY MAY NOT LEGALLY BE PAID MORE THAN THE STATUTORY COMPENSATION PRESCRIBED FOR SERVICES WHICH THEY NORMALLY ARE REQUIRED TO PERFORM. THE ABOVE-MENTIONED DECISION WAS PREDICATED UPON THE PROPOSITION THAT WHERE THE GOVERNMENT PAYS A NAVAL RESERVE OFFICER ON ACTIVE DUTY HIS FULL PAY AND ALLOWANCES WHILE SERVING AS AN INTERN AT A CIVILIAN HOSPITAL. THE MONTHLY STIPEND PAID TO LIEUTENANT REIVE BY THE HOSPITAL MAY NOT BE RETAINED BY HIM AND IS PROPERLY TO BE CONSIDERED AS A DEBT DUE THE UNITED STATES.
B-124758, NOV. 30, 1955
TO MR. GEORGE C. ABDO, ATTORNEY AT LAW:
THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 28, 1955, MAKING FURTHER REFERENCE TO OUR DECISION DATED OCTOBER 5, 1955, B-124758, ADDRESSED TO DAVID L. REIVE, WHEREIN HE WAS FOUND TO BE INDEBTED TO THE UNITED STATES FOR THE SUM OF $1,200 AS A RESULT OF AN OVERPAYMENT OF COMPENSATION FOR SERVICES RENDERED WHILE AN OFFICER IN THE NAVAL RESERVE ASSIGNED TO ACTIVE DUTY AS AN INTERN AT THE HIGHLAND PARK GENERAL HOSPITAL, HIGHLAND PARK, MICHIGAN.
AS INDICATED IN THE PREVIOUS DECISION THE ESTABLISHED RULE LONG FOLLOWED BY GOVERNMENT ACCOUNTING OFFICERS IS THAT NAVAL RESERVE OFFICERS WHILE ASSIGNED TO ACTIVE DUTY MAY NOT LEGALLY BE PAID MORE THAN THE STATUTORY COMPENSATION PRESCRIBED FOR SERVICES WHICH THEY NORMALLY ARE REQUIRED TO PERFORM. THE ABOVE-MENTIONED DECISION WAS PREDICATED UPON THE PROPOSITION THAT WHERE THE GOVERNMENT PAYS A NAVAL RESERVE OFFICER ON ACTIVE DUTY HIS FULL PAY AND ALLOWANCES WHILE SERVING AS AN INTERN AT A CIVILIAN HOSPITAL, ANY RECOMPENSE FROM THE HOSPITAL FOR SUCH SERVICES PROVIDED AND PAID FOR BY THE GOVERNMENT SHOULD ACCRUE TO THE GOVERNMENT AND NOT AS A BONUS TO THE OFFICER. CONSEQUENTLY, THE MONTHLY STIPEND PAID TO LIEUTENANT REIVE BY THE HOSPITAL MAY NOT BE RETAINED BY HIM AND IS PROPERLY TO BE CONSIDERED AS A DEBT DUE THE UNITED STATES.
IN YOUR LETTER OF OCTOBER 28, 1955, YOU REFER TO THE PROVISIONS OF THE ACT OF JUNE 5, 1948, 62 STAT. 793, 18 U.S.C. 1914 (QUOTED IN PREVIOUS DECISION) MAKING IT A CRIMINAL OFFENSE FOR AN OFFICER OR EMPLOYEE OF THE GOVERNMENT TO RECEIVE ANY SALARY IN CONNECTION WITH HIS SERVICES FROM ANY SOURCE OTHER THAN THE UNITED STATES GOVERNMENT "EXCEPT AS MAY BE CONTRIBUTED OUT OF THE TREASURY OF ANY STATE, COUNTY, OR MUNICIPALITY.' YOU EXPRESS THE VIEW THAT DR. REIVE WAS ELIGIBLE TO ACCEPT AND RETAIN THE COMPENSATION PAID TO HIM BY THE HIGHLAND PARK GENERAL HOSPITAL, A MUNICIPALITY OWNED INSTITUTION.
YOUR ATTENTION IS INVITED TO THE ATTACHED COPY OF DECISION DATED APRIL 16, 1953, B-113776 (32 COMP. GEN. 454) ADDRESSED TO A FORMER NAVAL RESERVE OFFICER WHO WAS THE RECIPIENT OF ADDITIONAL COMPENSATION WHILE ON ACTIVE DUTY AS AN INTERN AT THE ST. LOUIS CITY HOSPITAL, ST. LOUIS, MISSOURI. IS BELIEVED THAT THE STATEMENTS CONTAINED IN THE ENCLOSURE ARE RESPONSIVE TO YOUR CONTENTION SINCE PARAGRAPHS 3, 4 AND 5 THEREOF RELATE TO THE PROVISIONS OF THE ACT OF JUNE 5, 1948, AND TO THE GENERALLY RECOGNIZED PRINCIPLES OF EXISTING LAW, WHICH SUPPORT THE ACTION TAKEN BY THIS OFFICE.
ACCORDINGLY, AND SINCE YOUR RECENT LETTER CONTAINS NO FACTS OR INFORMATION WHICH WARRANT ANY MODIFICATION OF THE PRIOR ACTION IN THE MATTER, THE CONCLUSION REACHED IN THE DECISION OF OCTOBER 5, 1955, MUST BE SUSTAINED.