A-13602, APRIL 27, 1926, 5 COMP. GEN. 866

A-13602: Apr 27, 1926

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SICK IN HOSPITAL - RETIRED ENLISTED MEN OF THE ARMY RETIRED ENLISTED MEN OF THE ARMY WHO ARE ENTITLED TO ADMISSION INTO ARMY HOSPITALS FOR MEDICAL TREATMENT MAY NOT BE CONSIDERED AS "VETERANS" WITHIN THE MEANING OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT OF JUNE 7. WAS RENDERED. WAS AT NO TIME A PATIENT IN ST. ELIZABETHS HOSPITAL AND THAT HIS TRANSFER TO SAID HOSPITAL WAS AT NO TIME CONTEMPLATED BY THE VETERANS' BUREAU. YOU STATE ALSO THAT THE REAL QUESTION UPON WHICH DECISION WAS DESIRED IS: * * * WHETHER A RETIRED ENLISTED MAN WHO HAD SERVED DURING THE SPANISH- AMERICAN WAR AND WHO HAD BEEN DISCHARGED FROM HIS WAR ENLISTMENT MIGHT BE CONSIDERED A VETERAN WITHIN THE MEANING OF THE SAID PARAGRAPH AND SECTION SO AS TO PERMIT HIS TRANSFER TO THE BUREAU JURISDICTION IN ORDER TO RELIEVE HIM OF ANY SUBSISTENCE CHARGE WHICH MIGHT HAVE PREVIOUSLY BEEN MADE AGAINST HIM IN WHATEVER HOSPITAL HE MAY HAVE BEEN PLACED. * * * IN DECISION OF MAY 12.

A-13602, APRIL 27, 1926, 5 COMP. GEN. 866

SUBSISTENCE, SICK IN HOSPITAL - RETIRED ENLISTED MEN OF THE ARMY RETIRED ENLISTED MEN OF THE ARMY WHO ARE ENTITLED TO ADMISSION INTO ARMY HOSPITALS FOR MEDICAL TREATMENT MAY NOT BE CONSIDERED AS "VETERANS" WITHIN THE MEANING OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 620, SO AS TO CHARGE THE COST OF THEIR SUBSISTENCE WHILE IN SUCH HOSPITALS TO APPROPRIATIONS UNDER THE VETERANS' BUREAU.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, APRIL 27, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 15, 1926, REQUESTING RECONSIDERATION OF DECISION OF APRIL 8, 1926; RELATIVE TO THE SUBSISTENCE OF A RETIRED ENLISTED MAN OF THE ARMY WHILE A PATIENT IN ST. ELIZABETHS HOSPITAL.

YOU NOW STATE THAT THE RETIRED ENLISTED MAN, SERGT. PATRICK JOYCE, REFERRED TO IN THE SUBMISSION ON WHICH THE DECISION OF APRIL 8, 1926, WAS RENDERED, WAS AT NO TIME A PATIENT IN ST. ELIZABETHS HOSPITAL AND THAT HIS TRANSFER TO SAID HOSPITAL WAS AT NO TIME CONTEMPLATED BY THE VETERANS' BUREAU. YOU STATE ALSO THAT THE REAL QUESTION UPON WHICH DECISION WAS DESIRED IS:

* * * WHETHER A RETIRED ENLISTED MAN WHO HAD SERVED DURING THE SPANISH- AMERICAN WAR AND WHO HAD BEEN DISCHARGED FROM HIS WAR ENLISTMENT MIGHT BE CONSIDERED A VETERAN WITHIN THE MEANING OF THE SAID PARAGRAPH AND SECTION SO AS TO PERMIT HIS TRANSFER TO THE BUREAU JURISDICTION IN ORDER TO RELIEVE HIM OF ANY SUBSISTENCE CHARGE WHICH MIGHT HAVE PREVIOUSLY BEEN MADE AGAINST HIM IN WHATEVER HOSPITAL HE MAY HAVE BEEN PLACED. * * *

IN DECISION OF MAY 12, 1925, 4 COMP. GEN. 934, 936, AFTER QUOTING THE APPLICABLE PORTION OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 620, AUTHORIZING HOSPITALIZATION OF VETERANS UNDER CERTAIN CONDITIONS, IT WAS STATED:

THIS STATUTE HAS TWICE BEEN CONSTRUED NOT TO HAVE REPEALED, SUPERSEDED, OR RENDERED INOPERATIVE PRIOR LAWS AND REGULATIONS GOVERNING THE TREATMENT AND HOSPITALIZATION OF PERSONS ENTITLED BY REASON OF MILITARY OR NAVAL SERVICE. 4 COMP. GEN. 445; ID. 514. THE FIRST WAS THE CASE OF A PENSIONER HOSPITALIZED IN SAINT ELIZABETH'S HOSPITAL, AND IT WAS HELD THAT THE PENSION WAS OBLIGATED FOR THE CARE OF THE VETERAN UNDER PRIOR LAWS AND THE REGULATIONS ISSUED PURSUANT THERETO. THE SECOND WAS THE CASE OF A PENSIONER HOSPITALIZED IN A NAVAL HOSPITAL, AND THE SAME RULING WAS MADE.

THE RULE AS THUS STATED WAS THEN APPLIED TO THE ADMISSION OF RETIRED ARMY OFFICERS INTO ST. ELIZABETHS HOSPITAL. THE DECISION OF APRIL 8, 1926, CORRECTLY STATES THE RULE APPLICABLE TO RETIRED ENLISTED MEN IN ST. ELIZABETHS HOSPITAL AND SAID DECISION IS AFFIRMED.

WITH REFERENCE TO THE TREATMENT OF RETIRED ENLISTED MEN IN ARMY HOSPITALS, IT IS TO BE NOTED THAT RETIRED ENLISTED MEN ARE A PART OF THE ARMY (ACT OF JUNE 4, 1920, 41 STAT. 759), AND HAVE BEEN ADMITTED INTO ARMY HOSPITALS FOR MEDICAL TREATMENT AS "ENLISTED MEN" OF THE ARMY. ADMISSION INTO GENERAL HOSPITALS IS CONTROLLED BY ARMY REGULATION 40-590, PAR. 6B (1) AND 12A (1), (D) DATED DECEMBER 15, 1924. SEE ALSO SECTION 1474, ARMY REGULATIONS, 1913. ADMISSION INTO THE ARMY AND NAVY GENERAL HOSPITAL, HOT SPRINGS, ARK., IS CONTROLLED BY ARMY REGULATION 40-605, PAR. 3D AND 6A (3), DATED JUNE 5, 1924. ADMISSION INTO THE FITZSIMONS GENERAL HOSPITAL IS CONTROLLED BY ARMY REGULATION 40-610, PAR. 2 (1) AND 3B (2), DATED JUNE 5, 1924.

THE FACT THAT A RETIRED ENLISTED MAN OF THE ARMY MAY HAVE RECEIVED A DISCHARGE FROM SERVICE IN THE SPANISH-AMERICAN WAR DOES NOT AFFECT HIS STATUS WITH RESPECT TO HOSPITALIZATION IN ARMY HOSPITALS AS A RETIRED MAN. YOU ARE ADVISED, THEREFORE, THAT RETIRED ENLISTED MEN OF THE ARMY MAY NOT BE CONSIDERED AS "VETERANS" WITHIN THE MEANING OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT AND TRANSFERRED TO THE JURISDICTION OF THE VETERANS' BUREAU FOR THE PURPOSE OF CHARGING THE COST OF THEIR SUBSISTENCE AGAINST APPROPRIATIONS UNDER THE VETERANS' BUREAU.