A-15874, OCTOBER 28, 1926, 6 COMP. GEN. 298

A-15874: Oct 28, 1926

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VETERANS' BUREAU - TRAINEES - STATE FEES FOR LICENSE OR EXAMINATION STATE FEES FOR EXAMINATION AS A CONDITION PRECEDENT TO GRANTING A LICENSE TO A TRAINEE OF THE VETERANS' BUREAU TO PRACTICE DENTISTRY ARE. EXPENSES TO THE COMPLETE REHABILITATION OF DISABLED MEN AND ARE THEREFORE PROPERLY PAYABLE FROM THE APPROPRIATION FOR NATIONAL REHABILITATION WHERE THE TRAINEE WAS ADMITTED TO TRAINING UNDER SECTION 2 OF THE ACT OF JUNE 17. IN WHICH WAS DISALLOWED HIS CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $25 AS HAVING BEEN PAID BY HIM IN JUNE. THAT THIS VETERAN WAS ADMITTED TO TRAINING UNDER SECTION 2 OF THE ACT OF JUNE 17. WERE REENACTED IN SUBSTANTIALLY THE SAME LANGUAGE AS SECTIONS 400 AND 402.

A-15874, OCTOBER 28, 1926, 6 COMP. GEN. 298

VETERANS' BUREAU - TRAINEES - STATE FEES FOR LICENSE OR EXAMINATION STATE FEES FOR EXAMINATION AS A CONDITION PRECEDENT TO GRANTING A LICENSE TO A TRAINEE OF THE VETERANS' BUREAU TO PRACTICE DENTISTRY ARE, UNDER GENERAL ORDER 150 OF THAT BUREAU, EXPENSES TO THE COMPLETE REHABILITATION OF DISABLED MEN AND ARE THEREFORE PROPERLY PAYABLE FROM THE APPROPRIATION FOR NATIONAL REHABILITATION WHERE THE TRAINEE WAS ADMITTED TO TRAINING UNDER SECTION 2 OF THE ACT OF JUNE 17, 1918, 40 STAT. 117, AS AMENDED, AS DISTINGUISHED FROM SECTION 3 OF SAID ACT, WHICH PROVIDES FOR FREE INSTRUCTION ONLY.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 28, 1926:

FREDERICK H. CONVERSE REQUESTED, SEPTEMBER 17, 1926, REVIEW OF CLAIM SETTLEMENT NO. 0150102 OF AUGUST 26, 1926, IN WHICH WAS DISALLOWED HIS CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $25 AS HAVING BEEN PAID BY HIM IN JUNE, 1924, AS A FEE FOR THE EXAMINATION FOR A DENTAL LICENSE, STATE OF NEW YORK.

THE DIRECTOR, UNITED STATES VETERANS' BUREAU, REPORTS UNDER DATE OF OCTOBER 18, 1926, THAT THIS VETERAN WAS ADMITTED TO TRAINING UNDER SECTION 2 OF THE ACT OF JUNE 17, 1918, 40 STAT. 617, AS AMENDED BY THE THE ACT OF JULY 11, 1919, 41 STAT. 158, WHICH SECTION PROVIDES FOR THE COMPLETE REHABILITATION OF VETERANS AS DISTINGUISHED FROM SECTION 3 OF THAT ACT, WHICH ONLY PROVIDES FOR FREE INSTRUCTION. THESE SECTIONS OF THE ACT OF JUNE 17, 1918, WERE REENACTED IN SUBSTANTIALLY THE SAME LANGUAGE AS SECTIONS 400 AND 402, RESPECTIVELY, OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 627. PARAGRAPH 112 OF GENERAL ORDER 150 OF THE VETERANS' BUREAU PROMULGATED NOVEMBER 8, 1922, PROVIDES:

EXAMINATION, GRADUATION, LICENSE, AND OTHER FEES OR EXPENSES REQUIRED BY INSTITUTIONS DURING TRAINING OR TO INSURE GRADUATION, OR REQUIRED BY A STATE OR POLITICAL SUBDIVISION THEREOF AS A CONDITION OF ENTRANCE UPON AN OCCUPATION OR VOCATION, ARE EXPENSES INCIDENT TO REHABILITATION OF DISABLED MEN UNDER THE VOCATIONAL REHABILITATION ACT. * * *

THE CLAIMANT WAS DULY AUTHORIZED BY THE LOCAL TRAINING SUPERVISOR TO TAKE THE EXAMINATION AND, AS THE FEE FOR THE EXAMINATION WAS REQUIRED TO BE PAID IN ADVANCE, WHICH COULD NOT BE DONE BY THE LOCAL SUPERVISOR FROM PUBLIC FUNDS, THE TRAINEE PAID THE FEE FROM HIS PERSONAL FUNDS AND NOW SEEKS REIMBURSEMENT.

THE PAYMENT OF STATE LICENSE FEES UNDER SUCH CIRCUMSTANCES AS A PART OF THE VOCATIONAL REHABILITATION OF WORLD WAR VETERANS WAS APPROVED BY THIS OFFICE IN DECISION OF MAY 2, 1923, REVIEW 3660. THE FACT THAT A CONTRACT WAS INVOLVED IN THAT CASE IS NOT MATERIAL, AS CONTRACTING WOULD NOT LEGALIZE AN OTHERWISE UNLAWFUL EXPENDITURE.

UPON REVIEW $25 IS CERTIFIED DUE CLAIMANT UNDER THE APPROPRIATION "VOCATIONAL REHABILITATION, VETERANS' BUREAU, 1924," BUT AS SAID APPROPRIATION HAS NOW LAPSED, THE CERTIFIED CLAIM WILL BE REPORTED TO THE CONGRESS AND WILL BE PAID IN DUE COURSE, IF AND WHEN AN APPROPRIATION IS MADE AVAILABLE THEREFOR.