A-13108, MARCH 6, 1926, 5 COMP. GEN. 699

A-13108: Mar 6, 1926

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THE BURIAL EXPENSES OF A MEMBER OF THE NAVAL RESERVE DYING AS A RESULT OF INJURIES RECEIVED IN LINE OF DUTY IN TIME OF PEACE ARE NOT PAYABLE FROM NAVAL FUNDS. ARE PAYABLE. WHO WAS DROWNED AUGUST 23. OTHER ACTS UNDER WHICH IT WAS ESTABLISHED. SAID ACT IS NEW LEGISLATION ON A NEW. IS TO BE INTERPRETED ACCORDING TO THE INTENTION OF THE CONGRESS. SECTION 14 THEREOF READS AS FOLLOWS: THAT IF IN TIME OF PEACE ANY OFFICER OR ENLISTED MAN OF THE NAVAL RESERVE IS PHYSICALLY INJURED IN THE LINE OF DUTY WHILE PERFORMING ACTIVE DUTY. HE OR HIS BENEFICIARY SHALL BE ENTITLED TO ALL THE BENEFITS PRESCRIBED BY LAW FOR CIVIL EMPLOYEES OF THE UNITED STATES WHO ARE PHYSICALLY INJURED IN THE LINE OF DUTY OR WHO DIE AS THE RESULT THEREOF.

A-13108, MARCH 6, 1926, 5 COMP. GEN. 699

BURIAL EXPENSES - MEMBERS OF NAVAL RESERVE UNDER SECTION 14 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1084, THE BURIAL EXPENSES OF A MEMBER OF THE NAVAL RESERVE DYING AS A RESULT OF INJURIES RECEIVED IN LINE OF DUTY IN TIME OF PEACE ARE NOT PAYABLE FROM NAVAL FUNDS, BUT ARE PAYABLE, IF AUTHORIZED, UNDER THE PROVISIONS OF THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 742.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 6, 1926:

THERE HAS BEEN RECEIVED YOUR REFERENCE OF FEBRUARY 12, 1926, REQUESTING DECISION WHETHER THERE MAY BE PAID FROM THE FUNDS APPROPRIATED FOR THE NAVY DEPARTMENT, THE BILL OF J. H. BUSCH AND SON, FUNERAL DIRECTORS, CLEVELAND, OHIO, AMOUNTING TO $364.90, FOR THE BURIAL OF CHARLES FRANK ZIMMERMAN, A MEMBER OF THE UNITED STATES NAVAL RESERVE, WHO WAS DROWNED AUGUST 23, 1925, WHILE SERVING ON ACTIVE DUTY FOR TRAINING ABOARD THE U.S.S. WILMINGTON, THE EXPENSE HAVING BEEN INCURRED BY ORDER OF THE COMMANDING OFFICER OF SAID VESSEL AND COMMANDER ANTHONY F. NICKLETT, (D-F) UNITED STATES NAVAL RESERVE.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, NOT ONLY ABOLISHES THE NAVAL RESERVE FORCE, BUT ALSO EXPRESSLY REPEALS ALL PROVISIONS OF LAW RELATING THERETO CONTAINED IN THE ACT OF AUGUST 29, 1916, 39 STAT. 587, AND OTHER ACTS UNDER WHICH IT WAS ESTABLISHED, AND CREATES IN LIEU THEREOF A NAVAL RESERVE.

SAID ACT IS NEW LEGISLATION ON A NEW, THOUGH KINDRED SUBJECT, AND IS TO BE INTERPRETED ACCORDING TO THE INTENTION OF THE CONGRESS, AS DETERMINED FROM THE LANGUAGE EMPLOYED THEREIN. SECTION 14 THEREOF READS AS FOLLOWS:

THAT IF IN TIME OF PEACE ANY OFFICER OR ENLISTED MAN OF THE NAVAL RESERVE IS PHYSICALLY INJURED IN THE LINE OF DUTY WHILE PERFORMING ACTIVE DUTY, AUTHORIZED TRAINING DUTY WITH OR WITHOUT PAY, OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, OR DIES AS THE RESULT OF SUCH PHYSICAL INJURY, HE OR HIS BENEFICIARY SHALL BE ENTITLED TO ALL THE BENEFITS PRESCRIBED BY LAW FOR CIVIL EMPLOYEES OF THE UNITED STATES WHO ARE PHYSICALLY INJURED IN THE LINE OF DUTY OR WHO DIE AS THE RESULT THEREOF, AND THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION SHALL HAVE JURISDICTION IN SUCH CASES AND SHALL PERFORM THE SAME DUTIES WITH REFERENCE THERETO AS IN THE CASES OF CIVIL EMPLOYEES OF THE UNITED STATES SO INJURED: PROVIDED, THAT IN NO CASE SHALL SICKNESS OR DISEASE BE REGARDED AS AN INJURY WITHIN THE MEANING OF THIS SECTION RELATING TO THE NAVAL RESERVE.

THIS SECTION OF THE NAVAL RESERVE ACT, SUPRA, PROVIDES WITH RESPECT TO A NUMBER OF THE NAVAL RESERVE INJURED IN THE LINE OF DUTY, OR WHO DIES AS A RESULT OF SUCH INJURY, THE SAME BENEFITS PROVIDED BY WHAT IS KNOWN AS THE COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 742, TO CIVIL EMPLOYEES UNDER LIKE CIRCUMSTANCES. THEREFORE SUCH BURIAL EXPENSES, IF ANY, AS ARE AUTHORIZED TO BE PAID IN THIS CASE ARE FOR PAYMENT IN ACCORDANCE WITH THE PROVISIONS OF THE SAID ACT OF SEPTEMBER 7, 1916, AND FROM THE APPROPRIATION UNDER THE ADMINISTRATIVE CONTROL OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION.

YOU ARE ACCORDINGLY ADVISED THAT PAYMENT OF THE INCLOSED BILL FOR THE BURIAL OF FRANK CLARK ZIMMERMAN, A DECEASED RESERVIST, FROM NAVAL FUNDS IS NOT AUTHORIZED.