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A-7805, MARCH 19, 1925, 4 COMP. GEN. 783

A-7805 Mar 19, 1925
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MEDICAL TREATMENT - NAVAL RESERVE FORCE THE EXPENSES INCIDENT TO NECESSARY MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WHEN SUCH SERVICES ARE RENDERED BY CIVILIAN PHYSICIANS AND HOSPITALS. ARE CHARGEABLE TO THE SAME FUNDS OR APPROPRIATIONS AS ARE THOSE OF MEMBERS OF THE REGULAR NAVY. FOR DECISION AS TO THE APPROPRIATION AVAILABLE FOR EXPENSES INCIDENT TO NECESSARY MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WHEN SUCH SERVICES ARE RENDERED BY CIVILIAN PHYSICIANS AND HOSPITALS. MEMBERS OF THE NAVAL RESERVE FORCE WHEN EMPLOYED ON ACTIVE SERVICE ARE SUBJECT "TO THE LAWS. ORDERS FOR THE GOVERNMENT OF THE REGULAR NAVY" AND ARE ENTITLED TO RECEIVE "THE SAME PAY AND ALLOWANCES" AS RECEIVED BY OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY.

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A-7805, MARCH 19, 1925, 4 COMP. GEN. 783

MEDICAL TREATMENT - NAVAL RESERVE FORCE THE EXPENSES INCIDENT TO NECESSARY MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WHEN SUCH SERVICES ARE RENDERED BY CIVILIAN PHYSICIANS AND HOSPITALS, DUE TO THE UNAVAILABILITY OF MEDICAL AND HOSPITAL FACILITIES OF THE NAVY, ARE CHARGEABLE TO THE SAME FUNDS OR APPROPRIATIONS AS ARE THOSE OF MEMBERS OF THE REGULAR NAVY. (MODIFIED BY 4 COMP. GEN. 1005.)

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 19, 1925:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JANUARY 30, 1925, FOR DECISION AS TO THE APPROPRIATION AVAILABLE FOR EXPENSES INCIDENT TO NECESSARY MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WHEN SUCH SERVICES ARE RENDERED BY CIVILIAN PHYSICIANS AND HOSPITALS.

UNDER THE TERMS OF THE ACT OF JULY 1, 1918, 40 STAT. 712, MEMBERS OF THE NAVAL RESERVE FORCE WHEN EMPLOYED ON ACTIVE SERVICE ARE SUBJECT "TO THE LAWS, REGULATIONS, AND ORDERS FOR THE GOVERNMENT OF THE REGULAR NAVY" AND ARE ENTITLED TO RECEIVE "THE SAME PAY AND ALLOWANCES" AS RECEIVED BY OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY. REIMBURSEMENT OF CIVILIAN MEDICAL AND HOSPITAL TREATMENT OF AN OFFICER OF THE NAVY IS PROHIBITED BY SECTION 1586, REVISED STATUTES, UNLESS---

* * * THEY WERE INCURRED WHEN HE WAS ON DUTY, AND THE MEDICINES COULD NOT HAVE BEEN OBTAINED FROM NAVAL SUPPLIES, OR THE ATTENDANCE OF A NAVAL MEDICAL OFFICER COULD NOT HAVE BEEN HAD.

OFFICERS OF THE NAVY ARE ENTITLED BY LAW TO NECESSARY MEDICAL CARE AND TREATMENT BY THE BUREAU OF MEDICINE AND SURGERY OF THE NAVY, AND, AS A CONDITION PRECEDENT TO REIMBURSEMENT FOR EXPENDITURES MADE FOR SUCH TREATMENT FROM CIVILIAN SOURCES, IT MUST BE SHOWN THAT THE OFFICERS WERE IN A DUTY STATUS AND THAT THE MEDICAL AND HOSPITAL FACILITIES OF THE NAVY WERE UNAVAILABLE. 2 COMP. GEN. 269. THE SAME SHOWING IS ACCORDINGLY REQUIRED AS A PRECEDENT TO REIMBURSEMENT FOR EXPENDITURES FOR CIVILIAN HOSPITAL AND MEDICAL TREATMENT FOR MEMBERS OF THE NAVAL RESERVE FORCE.

IN NONE OF THE APPROPRIATIONS MADE SPECIFICALLY FOR THE NAVAL RESERVE FORCE IS THERE ANY SPECIFIC PROVISION FOR MEDICAL TREATMENT, BUT IN THIS RESPECT THE SAME IS ALSO TRUE OF APPROPRIATIONS SPECIFICALLY MENTIONING THE ENLISTED MEN AND OFFICERS OF THE NAVY. HOWEVER, SECTION 4808, REVISED STATUTES, PROVIDES:

THE SECRETARY OF THE NAVY SHALL DEDUCT FROM THE PAY DUE EACH OFFICER, SEAMAN AND MARINE, IN THE NAVY, AT THE RATE OF TWENTY CENTS PER MONTH FOR EACH PERSON, TO BE APPLIED TO THE FUND FOR NAVY HOSPITALS.

THE DEDUCTIONS SO AUTHORIZED ARE COMBINED WITH FUNDS FROM OTHER AUTHORIZED SOURCES AND FORM WHAT IS KNOWN AS THE "NAVAL HOSPITAL FUND.' THE MEMBERS OF THE NAVAL RESERVE FORCE WHEN ON ACTIVE DUTY BEING SUBJECT TO THE LAWS, REGULATIONS, AND ORDERS FOR THE GOVERNMENT OF THE REGULAR NAVY, AND BEING ENTITLED TO THE SAME PAY AND ALLOWANCES, ARE SUBJECT TO THE 20-CENT DEDUCTION AUTHORIZED BY SECTION 4808, REVISED STATUTES, SUPRA, AND ARE ENTITLED TO MEDICAL TREATMENT UNDER THE SAME CONDITIONS AS MEMBERS OF THE REGULAR NAVY. 3 COMP. GEN. 301.

THERE IS NO SPECIFIC APPROPRIATION FOR THE MEDICAL OR HOSPITAL CARE AND TREATMENT OF OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY, AND THE APPROPRIATION "NAVAL RESERVE FORCE" IS NOT AVAILABLE THEREFOR. THE APPROPRIATION "CARE OF HOSPITAL PATIENTS," 42 STAT. 1146, FOR THE FISCAL YEAR 1924, AND WHICH WAS PROVIDED FOR SEVERAL YEARS IMMEDIATELY PRIOR TO 1924, WAS NOT REPEATED IN THE ACT OF MAY 28, 1924, 43 STAT. 197, FOR THE FISCAL YEAR 1925; AND THE APPROPRIATION "CONTINGENT, BUREAU OF MEDICINE AND SURGERY," 43 STAT. 196, IS NOT AVAILABLE FOR THE PAYMENT OF CIVILIAN MEDICAL CARE AND TREATMENT OF PERSONNEL OF THE NAVY. 4 COMP. GEN. 176. THE ONLY FUND KNOWN TO THIS OFFICE AVAILABLE FOR THE PAYMENT OF SUCH SERVICES FOR NAVAL PERSONNEL IS THE NAVAL HOSPITAL FUND, AND AS THE MEMBERS OF THE NAVAL RESERVE FORCE WHEN ON ACTIVE DUTY CONTRIBUTE TO THIS FUND UNDER IDENTICALLY THE SAME CONDITIONS AS DO MEMBERS OF THE REGULAR NAVY ANY NECESSARY PAYMENTS FOR CIVILIAN MEDICAL AND HOSPITAL CARE AND TREATMENT FOR MEMBERS OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY SHOULD BE PAID FROM THE SAME FUND.

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