A-15787, OCTOBER 2, 1926, 6 COMP. GEN. 234

A-15787: Oct 2, 1926

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THE PAYMENT OF SUBSISTENCE ALLOWANCE TO AN ARMY OFFICER WHILE SICK IN HOSPITAL DUE TO SUCH CAUSES IS THEREFORE AUTHORIZED. SUBMITTING WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. WHILE HE WAS SICK IN HOSPITAL NOT IN LINE OF DUTY. WHICH IS DIRECTLY ATTRIBUTABLE TO AND IMMEDIATELY FOLLOWS HIS OWN INTEMPERATE USE OF ALCOHOLIC LIQUOR OR HABIT FORMING DRUGS. THAT SUCH ABSENCE IS WITHIN A PERIOD OF ONE YEAR FOLLOWING THE APPEARANCE OF THE INITIAL SYMPTOMS OF SUCH VENEREAL DISEASE AND REGARDLESS OF WHETHER THE APPEARANCE OF THE INITIAL SYMPTOMS OCCURS PRIOR OR SUBSEQUENT TO THE DATE OF ENTRY INTO THE SERVICE. IS FORFEITED FOR A PERIOD IN EXCESS OF ONE MONTH AT ANY ONE TIME PURSUANT TO THE PROVISIONS OF THIS ACT SHALL BE PAID FOR NECESSARY PERSONAL EXPENSES THE SUM OF $5 FOR EACH FULL MONTH DURING WHICH HIS PAY IS SO FORFEITED.

A-15787, OCTOBER 2, 1926, 6 COMP. GEN. 234

SUBSISTENCE ALLOWANCE - ABSENCES DUE TO MISCONDUCT THE ACT OF MAY 17, 1926, 44 STAT. 557, DENYING THE RIGHT TO PAY FOR PERIODS OF ABSENCES FROM DUTY IN THE MILITARY OR NAVAL SERVICE DUE TO INJURY, SICKNESS, OR DISEASE RESULTING FROM THE INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT, APPLIES TO ALL FORMS OF PAY--- SUCH AS PAY PROPER, LONGEVITY PAY, AND ADDITIONAL PAY FOR EXTRA OR SPECIAL DUTY OR QUALIFICATIONS, BUT DOES NOT INCLUDE ALLOWANCES. THE PAYMENT OF SUBSISTENCE ALLOWANCE TO AN ARMY OFFICER WHILE SICK IN HOSPITAL DUE TO SUCH CAUSES IS THEREFORE AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO MAJ. E. B. SPILLER, UNITED STATES ARMY, OCTOBER 2, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 30, 1926, SUBMITTING WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED, VOUCHER FOR $58.80 IN FAVOR OF W. H. BARLOW, FIRST LIEUTENANT, FIELD ARTILLERY, COVERING SUBSISTENCE ALLOWANCE CLAIMED AS DUE HIM OVER THE PERIOD FROM JUNE 13 TO JULY 31, 1926, WHILE HE WAS SICK IN HOSPITAL NOT IN LINE OF DUTY.

THE ACT OF MAY 17, 1926, 44 STAT. 557, PROVIDES:

THAT HEREAFTER NO PERSON IN ACTIVE SERVICE IN THE MILITARY OR NAVAL SERVICE WHO SHALL BE ABSENT FROM HIS REGULAR DUTIES FOR MORE THAN ONE DAY AT ANY ONE TIME ON ACCOUNT OF THE EFFECTS OF A DISEASE, AS DISTINGUISHED FROM INJURY, WHICH IS DIRECTLY ATTRIBUTABLE TO AND IMMEDIATELY FOLLOWS HIS OWN INTEMPERATE USE OF ALCOHOLIC LIQUOR OR HABIT FORMING DRUGS, SHALL, EXCEPT AS HEREINAFTER PROVIDED, BE ENTITLED TO ANY PAY, AS DISTINGUISHED FROM ALLOWANCES, FOR THE PERIODS OF SUCH ABSENCE.

SEC. 2. THAT HEREAFTER NO PERSON IN ACTIVE SERVICE IN THE MILITARY OR NAVAL SERVICE WHO SHALL BE ABSENT FROM HIS REGULAR DUTIES FOR MORE THAN ONE DAY AT ANY ONE TIME ON ACCOUNT OF THE DIRECT EFFECTS OF A VENEREAL DISEASE DUE TO HIS OWN MISCONDUCT, SHALL, EXCEPT AS HEREAFTER PROVIDED, BE ENTITLED TO ANY PAY, AS DISTINGUISHED FROM ALLOWANCES, FOR THE PERIOD OF SUCH ABSENCE: PROVIDED, THAT SUCH ABSENCE IS WITHIN A PERIOD OF ONE YEAR FOLLOWING THE APPEARANCE OF THE INITIAL SYMPTOMS OF SUCH VENEREAL DISEASE AND REGARDLESS OF WHETHER THE APPEARANCE OF THE INITIAL SYMPTOMS OCCURS PRIOR OR SUBSEQUENT TO THE DATE OF ENTRY INTO THE SERVICE.

SEC. 3. THAT FOR ALL PURPOSES WITHIN THE SCOPE OF THIS ACT THE PERIOD OF ABSENCE AND THE CAUSE THEREOF SHALL BE DETERMINED UNDER SUCH PROCEDURE AND REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, AND SUCH DETERMINATION SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES.

SEC. 4. THAT EACH PERSON WHOSE PAY, AS DISTINGUISHED FROM ALLOWANCE, IS FORFEITED FOR A PERIOD IN EXCESS OF ONE MONTH AT ANY ONE TIME PURSUANT TO THE PROVISIONS OF THIS ACT SHALL BE PAID FOR NECESSARY PERSONAL EXPENSES THE SUM OF $5 FOR EACH FULL MONTH DURING WHICH HIS PAY IS SO FORFEITED.

SEC. 5. THAT THE ACTS APPROVED APRIL 27, 1914 (THIRTY-EIGHTH STATUTES AT LARGE, PAGES 353 AND 354), AUGUST 29, 1916 (THIRTY-NINTH STATUTES AT LARGE, PAGE 580), AND JULY 1, 1918 (FORTIETH STATUTES AT LARGE, PAGE 717), SO FAR AS RELATES TO FORFEITURE OF PAY ON ACCOUNT OF ABSENCE FROM DUTY DUE TO INJURY, SICKNESS, OR DISEASE RESULTING FROM THE INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS, OR OTHER MISCONDUCT, ARE HEREBY REPEALED.

IT IS ASSUMED THE ABSENCE STATED ON THE VOUCHER AS "NLD" WAS FOR A CAUSE DESCRIBED IN THE QUOTED ACT AND IS CONSIDERED ON THAT BASIS.

THE FORFEITURE CONTEMPLATED IS OF THE PERIODICAL STIPEND DENOMINATED IN THE MILITARY SERVICE AS "PAY; " IT INCLUDES PAY PROPER AND LONGEVITY PAY, ADDITIONAL PAY FOR DETAILS TO PARTICULAR DUTIES, SUCH AS PAY AS AIDE, FLYING PAY, MARKSMANSHIP, SPECIALIST, PAY FOR QUALIFICATION, ETC.; IT DOES NOT INCLUDE ALLOWANCES.

YOU ARE ACCORDINGLY ADVISED THAT PAYMENT UPON THE SUBMITTED VOUCHER, IF OTHERWISE CORRECT, IS AUTHORIZED.