A-16014, OCTOBER 21, 1926, 6 COMP. GEN. 280

A-16014: Oct 21, 1926

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WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE VOUCHER FOR $75 IS IN FAVOR OF T. THAT FOR $25 IS IN FAVOR OF EMANUEL JACKSON AND CO. IT WAS HELD THAT THE SECRETARY OF WAR HAS AUTHORITY UNDER THE ACT OF JUNE 3. IT WAS HELD THAT THERE WAS NO AUTHORITY FOR THE BURIAL OF A NATIONAL GUARDSMAN WHO DIES AFTER THE TERMINATION OF THE ENCAMPMENT EVEN THOUGH OF A DISEASE CONTRACTED OR AN INJURY SUFFERED WHILE IN ATTENDANCE AT THE ENCAMPMENT. AS THE EXPENSES OF SUCH BURIAL ARE NOT AN EXPENSE OF THE PARTICIPATION OF A UNIT OF THE NATIONAL GUARD IN AN ENCAMPMENT. PROVIDES: * * * IF THE DEATH OF ANY PERSON MENTIONED HEREIN OCCURS WHILE HE IS UNDERGOING THE TRAINING OR MEDICAL AND HOSPITAL TREATMENT CONTEMPLATED IN THIS SECTION.

A-16014, OCTOBER 21, 1926, 6 COMP. GEN. 280

BURIAL EXPENSES - NATIONAL GUARD THE DEATH OF A MEMBER OF THE NATIONAL GUARD OCCURRING AFTER THE EXPIRATION OF THE ENCAMPMENT DOES NOT RENDER THE UNITED STATES LIABLE FOR HIS BURIAL EXPENSES UNDER SECTION 6 OF THE ACT OF MARCH 4, 1923, AS AMENDED BY SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 365, EVEN THOUGH THE RESULT OF DISEASE CONTRACTED DURING THE TRAINING PERIOD.

COMPTROLLER GENERAL MCCARL TO COL. RICHINGS J. SHAND, UNITED STATES PROPERTY AND DISBURSING OFFICER, NATIONAL GUARD, OCTOBER 21, 1926:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF OCTOBER 1, 1926, TRANSMITTING TWO UNPAID VOUCHERS FOR $75 AND $25, RESPECTIVELY, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE VOUCHER FOR $75 IS IN FAVOR OF T. E. CAVANAUGH FOR EMBALMING AND FURNISHING CASKET AND SHIPPING CASE FOR NEIL KEY, COMPANY H, 8TH INFANTRY, ILLINOIS NATIONAL GUARD, AND THAT FOR $25 IS IN FAVOR OF EMANUEL JACKSON AND CO. FOR SERVICES RENDERED IN THE REMOVAL OF THE BODY OF THE SAME SOLDIER. IT APPEARS THAT THE DECEASED, AS A MEMBER OF THE ILLINOIS NATIONAL GUARD, PARTICIPATED IN THE ANNUAL ENCAMPMENT AT CAMP GRANT, THE INCLUSIVE DATES OF SAID ENCAMPMENT BEING FROM JULY 31, 1926, TO AUGUST 14, 1926. HIS DEATH OCCURRED ON AUGUST 16, 1926, AT ST. ANTHONY'S HOSPITAL, ROCKFORD, ILL., AS A RESULT OF LOBAR PNEUMONIA AND THE VOUCHERS SUBMITTED COVER HIS BURIAL EXPENSES.

BY DECISION OF MAY 11, 1922, 1 COMP. GEN. 642, IT WAS HELD THAT THE SECRETARY OF WAR HAS AUTHORITY UNDER THE ACT OF JUNE 3, 1916, 39 STAT. 200, TO PROVIDE BY REGULATION FOR THE PREPARATION OF THE REMAINS OF OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD WHO DIE FROM CAUSES NOT DUE TO THEIR OWN MISCONDUCT WHILE ATTENDING AN AUTHORIZED ENCAMPMENT AND THAT PAYMENT FOR THE NECESSARY SERVICES MAY BE MADE UNDER THE APPROPRIATION FOR "ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD," BUT IN DECISION OF DECEMBER 3, 1923, 3 COMP. GEN. 35L, IT WAS HELD THAT THERE WAS NO AUTHORITY FOR THE BURIAL OF A NATIONAL GUARDSMAN WHO DIES AFTER THE TERMINATION OF THE ENCAMPMENT EVEN THOUGH OF A DISEASE CONTRACTED OR AN INJURY SUFFERED WHILE IN ATTENDANCE AT THE ENCAMPMENT, AS THE EXPENSES OF SUCH BURIAL ARE NOT AN EXPENSE OF THE PARTICIPATION OF A UNIT OF THE NATIONAL GUARD IN AN ENCAMPMENT.

SECTION 6 OF THE ACT OF MARCH 4, 1923, AS AMENDED BY SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 365, AUTHORIZING MEDICAL AND HOSPITAL TREATMENT FOR OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHILE AT ENCAMPMENTS, ETC. PROVIDES:

* * * IF THE DEATH OF ANY PERSON MENTIONED HEREIN OCCURS WHILE HE IS UNDERGOING THE TRAINING OR MEDICAL AND HOSPITAL TREATMENT CONTEMPLATED IN THIS SECTION, THE UNITED STATES SHALL PAY FOR BURIAL EXPENSES AND THE RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100, AS MAY BE FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT.

THE MEDICAL AND HOSPITAL TREATMENT THEREIN CONTEMPLATED AFTER THE TERMINATION OF THE PERIOD OF TRAINING WAS SUCH AS MIGHT BE NECESSITATED BY INJURY IN THE LINE OF DUTY WHILE UNDERGOING TRAINING, AND THE ENACTMENT SPECIFICALLY LIMITS BURIAL EXPENSES IN OTHER CASES "IF THE DEATH * * * OCCURS WHILE HE IS UNDERGOING THE TRAINING.' MEMBERS OF THE NATIONAL GUARD ARE NOT UNDERGOING TRAINING UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT AFTER THE EXPIRATION OF THE ENCAMPMENT, AND WHERE DEATH IS FROM DISEASE AFTER THE EXPIRATION OF THE ENCAMPMENT THE ENACTMENT MAKES NO CHANGE IN THE SITUATION AS ESTABLISHED BY THE CITED DECISIONS. AS THE DEATH IN THIS CASE OCCURRED TWO DAYS AFTER THE EXPIRATION OF THE ENCAMPMENT AND WAS FROM DISEASE AND NOT THE RESULT OF AN INJURY WHILE ATTENDING AN ENCAMPMENT, PAYMENT OF THE VOUCHERS IS NOT AUTHORIZED.