A-15340, AUGUST 17, 1926, 6 COMP. GEN. 123

A-15340: Aug 17, 1926

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CHECKS - INDORSEMENT - INSANE PAYEE THE FINDING BY A NAVAL RETIRING BOARD THAT AN OFFICER IS INCAPACITATED FOR ACTIVE SERVICE BY REASON OF PARALYTIC DEMENTIA IS NOT NECESSARILY CONCLUSIVE OF HIS MENTAL CAPACITY TO RECEIVE AND INDORSE CHECKS FOR HIS RETIRED PAY. IN THE ABSENCE OF HIS BEING ADJUDGED INSANE BY A COMPETENT COURT OR OF ACTUAL KNOWLEDGE THAT HE IS MENTALLY INCAPABLE OF INDORSING HIS PAY CHECKS. THAT OFFICER WAS TRANSFERRED TO THE RETIRED LIST OF THE NAVY. THE FINDINGS OF THE RETIRING BOARD WERE AS FOLLOWS: "THE BOARD. IS SUFFERING FROM PARALYTIC DEMENTIA. THAT THIS CONDITION IS PERMANENT. BY REASON OF WHICH HE IS INCAPACITATED FOR ACTIVE SERVICE IN THE NAVY. THAT HIS INCAPACITY WAS CONTRACTED IN THE LINE OF DUTY AS THE RESULT OF AN INCIDENT OF THE SERVICE.

A-15340, AUGUST 17, 1926, 6 COMP. GEN. 123

CHECKS - INDORSEMENT - INSANE PAYEE THE FINDING BY A NAVAL RETIRING BOARD THAT AN OFFICER IS INCAPACITATED FOR ACTIVE SERVICE BY REASON OF PARALYTIC DEMENTIA IS NOT NECESSARILY CONCLUSIVE OF HIS MENTAL CAPACITY TO RECEIVE AND INDORSE CHECKS FOR HIS RETIRED PAY, AND, IN THE ABSENCE OF HIS BEING ADJUDGED INSANE BY A COMPETENT COURT OR OF ACTUAL KNOWLEDGE THAT HE IS MENTALLY INCAPABLE OF INDORSING HIS PAY CHECKS, SUCH CHECKS MAY BE ISSUED IN HIS NAME AND FORWARDED TO HIS ADDRESS OF RECORD.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 17, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 9, 1926, AS FOLLOWS:

BY ACTION OF THE PRESIDENT OF THE UNITED STATES ON NOVEMBER 17, 1922, IN APPROVING THE PROCEEDINGS AND FINDINGS OF THE NAVAL RETIRING BOARD IN THE CASE OF LIEUTENANT CHARLES E. TREIBLY, MEDICAL CORPS, U.S.N., THAT OFFICER WAS TRANSFERRED TO THE RETIRED LIST OF THE NAVY.

THE FINDINGS OF THE RETIRING BOARD WERE AS FOLLOWS:

"THE BOARD, HAVING DELIBERATED ON THE EVIDENCE BEFORE IT, DECIDED THAT LIEUTENANT CHARLES E. TREIBLY, MEDICAL CORPS, U.S. NAVY, IS SUFFERING FROM PARALYTIC DEMENTIA; THAT THIS CONDITION IS PERMANENT, BY REASON OF WHICH HE IS INCAPACITATED FOR ACTIVE SERVICE IN THE NAVY, AND THAT HIS INCAPACITY WAS CONTRACTED IN THE LINE OF DUTY AS THE RESULT OF AN INCIDENT OF THE SERVICE.

BY ORDERS OF THE NAVY DEPARTMENT, DATED OCTOBER 31, 1923, THE SUPERINTENDENT OF THE GOVERNMENT HOSPITAL FOR THE INSANE AT WASHINGTON, D.C., WAS DIRECTED TO RECEIVE AND CARE FOR LIEUTENANT COMMANDER TREIBLY (MC), AND TO FURNISH SUCH TREATMENT AS MIGHT BE NECESSARY TO RELIEVE HIS PHYSICAL AND MENTAL DISABILITY.

DURING PERIOD THIS OFFICER WAS IN THE GOVERNMENT HOSPITAL FOR THE INSANE HIS PAY WAS REGULARLY EFFECTED BY CHECK FROM THE SUPPLY OFFICER CARRYING HIS ACCOUNT ON A CERTIFICATE BY AN OFFICER OF THE MEDICAL CORPS OF THE NAVY ON DUTY AT THE GOVERNMENT HOSPITAL FOR THE INSANE, CERTIFYING THAT LIEUTENANT COMMANDER TREIBLY (MC), WAS COMPETENT TO INDORSE SUCH CHECKS. THIS CERTIFICATE WAS FURNISHED WITH EACH CHECK AND AT REGULAR INTERVALS.

RECENTLY LIEUTENANT COMMANDER TREIBLY (MC), HAS BEEN RELEASED FROM THE GOVERNMENT HOSPITAL FOR THE INSANE BY ORDER OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA SOLELY ON THE GROUND THAT HIS COMMITMENT TO THAT INSTITUTION WAS NOT MADE IN ACCORDANCE WITH LAW.

THE SUPPLY OFFICER CARRYING THE ACCOUNT OF LIEUTENANT COMMANDER TREIBLY (MC), HAS REQUESTED INSTRUCTIONS FROM THE NAVY DEPARTMENT WITH REFERENCE TO EFFECTING HIS PAY, SINCE HIS RELEASE FROM THE GOVERNMENT HOSPITAL FOR THE INSANE, INASMUCH AS THERE IS NO GOVERNMENT OFFICIAL IN A POSITION TO CERTIFY AS TO HIS MENTAL CAPACITY TO INDORSE THE CHECKS ISSUED FOR HIS PAY.

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER OR NOT THE SUPPLY OFFICER SHOULD ISSUE CHECKS TO LIEUTENANT COMMANDER TREIBLY (MC), AND SUBMIT THEM TO HIS PRESENT ADDRESS IN SHAMOKIN, PA. * * *

IF THE OFFICER IN QUESTION HAD BEEN ADJUDGED INSANE BY A COURT OF COMPETENT JURISDICTION OR WAS, IN FACT, KNOWN TO BE INCAPABLE OF MANAGING HIS FINANCIAL AFFAIRS, CHECKS IN PAYMENT OF HIS RETIRED PAY SHOULD NOT BE DELIVERED EXCEPT TO HIS DULY APPOINTED GUARDIAN OR COMMITTEE, THE INDORSEMENT TO BE BY THE GUARDIAN OR COMMITTEE. BULLETIN NO. 2, 1 COMP. GEN. 785. FROM YOUR STATEMENT, HOWEVER, IT WOULD APPEAR THAT THE OFFICER HAS NOT BEEN ADJUDGED INSANE BY ANY COURT, THAT THE FINDING OF THE RETIRING BOARD WAS ONLY CONCLUSIVE AS TO HIS INCAPACITY FOR ACTIVE SERVICE, AND THAT EVEN WHILE CONFINED IN THE GOVERNMENT HOSPITAL FOR THE INSANE HE WAS CONSIDERED AND CERTIFIED BY A MEDICAL OFFICER OF THE NAVY AS COMPETENT TO INDORSE THE CHECKS ISSUED FOR HIS RETIRED PAY. UNDER THE CIRCUMSTANCES, THEREFORE, IT DOES NOT APPEAR NECESSARY AT THIS TIME TO QUESTION HIS COMPETENCY TO RECEIVE AND INDORSE HIS PAY CHECKS. 4 COMP. GEN. 1058. SHOULD ANY FURTHER QUESTION ARISE AS TO HIS COMPETENCY TO INDORSE THE CHECKS SO ISSUED TO HIM DUE TO CHANGE IN HIS MENTAL CONDITION, A FULL STATEMENT OF THE FACTS SHOULD BE AGAIN SUBMITTED TO THIS OFFICE.