A-17360, FEBRUARY 24, 1927, 6 COMP. GEN. 550

A-17360: Feb 24, 1927

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COAST GUARD ARE. SIMILAR GRADES IN THE OTHER SERVICES ARE ENLISTED MEN AND MAY BE ADMITTED TO ST. ONE DOLLAR EACH DAY FOR FOOD FURNISHED THEM WHILE THEY ARE RECEIVING TREATMENT AS PATIENTS IN ST. THIS MATTER WAS PRESENTED TO THE COMPTROLLER OF THE TREASURY. THE QUESTION NOW ARISES AS TO WHAT CLASS OF SERVICE MEN ARE INCLUDED UNDER THE TERM "OFFICER.'. THE HOSPITAL IS SOMEWHAT IN DOUBT AS TO WHETHER NONCOMMISSIONED OFFICERS ARE INCLUDED. I HAVE THE HONOR TO REQUEST THAT A COPY OF THIS LETTER BE REFERRED TO THE COMPTROLLER GENERAL AND HE ASKED TO ADVISE US AS TO WHETHER WARRANT OFFICERS IN THE ARMY OR OTHER NONCOMMISSIONED OFFICERS IN THE OTHER SERVICE BRANCHES OF THE GOVERNMENT SHOULD BE INCLUDED AMONG THE OFFICERS THE HOSPITAL SHOULD CHARGE FOR FOOD WHILE THEY ARE RECEIVING TREATMENT.

A-17360, FEBRUARY 24, 1927, 6 COMP. GEN. 550

ST. ELIZABETHS HOSPITAL - SUBSISTENCE EXPENSES OF INSANE WARRANT OFFICERS AND ENLISTED MEN UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, WARRANT OFFICERS OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD ARE, FOR SUBSISTENCE PURPOSES, ON THE SAME BASIS AS COMMISSIONED OFFICERS OF SUCH SERVICES, AND WHEN ADMITTED TO ST. ELIZABETHS HOSPITAL FOR TREATMENT MAY NOT BE RELIEVED OF THE $1 PER DAY SUBSISTENCE CHARGE WHILE INMATES. NONCOMMISSIONED OFFICERS OF THE ARMY, CHIEF PETTY OFFICERS AND PETTY OFFICERS OF THE NAVY, AND SIMILAR GRADES IN THE OTHER SERVICES ARE ENLISTED MEN AND MAY BE ADMITTED TO ST. ELIZABETHS HOSPITAL FOR TREATMENT ON THE ORDER OF THE HEAD OF THE DEPARTMENT CONCERNED WITHOUT EXPENSE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, FEBRUARY 24, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST OF FEBRUARY 4, 1927, FOR DECISION OF A QUESTION PRESENTED BY THE ASSISTANT TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL, AS FOLLOWS:

THIS HOSPITAL HAS BEEN CHARGING OFFICERS OF THE ARMY, NAVY, MARINE CORPS, AND OTHER SERVICE BRANCHES OF THE GOVERNMENT, ONE DOLLAR EACH DAY FOR FOOD FURNISHED THEM WHILE THEY ARE RECEIVING TREATMENT AS PATIENTS IN ST. ELIZABETHS HOSPITAL. THIS MATTER WAS PRESENTED TO THE COMPTROLLER OF THE TREASURY, WHO GAVE A DECISION APRIL 29, 1911, UPHOLDING THIS PRACTICE AND CONFIRMING HIS DECISION IN THE APPEAL OF SEPTEMBER 20, 1911, BOTH BEING MANUSCRIPT DECISIONS.

THE QUESTION NOW ARISES AS TO WHAT CLASS OF SERVICE MEN ARE INCLUDED UNDER THE TERM "OFFICER.' IT HAS BEEN RECOGNIZED WITHOUT DISPUTE THAT ALL COMMISSIONED OFFICERS SHOULD BE INCLUDED IN THIS CLASS, BUT THE HOSPITAL IS SOMEWHAT IN DOUBT AS TO WHETHER NONCOMMISSIONED OFFICERS ARE INCLUDED, PARTICULARLY THAT CLASS OF NONCOMMISSIONED OFFICER TERMED "WARRANT OFFICER" IN THE MILITARY SERVICE, A DESIGNATION WHICH HAS BEEN MADE WITHIN THE PAST FEW YEARS. IN ORDER TO REMOVE THIS DOUBT, I HAVE THE HONOR TO REQUEST THAT A COPY OF THIS LETTER BE REFERRED TO THE COMPTROLLER GENERAL AND HE ASKED TO ADVISE US AS TO WHETHER WARRANT OFFICERS IN THE ARMY OR OTHER NONCOMMISSIONED OFFICERS IN THE OTHER SERVICE BRANCHES OF THE GOVERNMENT SHOULD BE INCLUDED AMONG THE OFFICERS THE HOSPITAL SHOULD CHARGE FOR FOOD WHILE THEY ARE RECEIVING TREATMENT.

THE QUESTION IS UNDERSTOOD TO RELATE SOLELY TO PERSONS ON THE ACTIVE LIST OF THE VARIOUS SERVICES AND WILL BE CONSIDERED ON THAT BASIS.

THE RULE IS WELL ESTABLISHED THAT THE PROVISIONS CONTAINED IN THE ACT OF MAY 10, 1926, 44 STAT. 494, AND PRIOR APPROPRIATION ACTS FOR THE SUPPORT OF THE HOSPITAL FOR THE "SUPPORT, CLOTHING, AND TREATMENT" OF THE INSANE FROM THE ARMY, NAVY, MARINE CORPS, AND OTHER SERVICES, SHOULD BE READ IN CONNECTION WITH THE LAWS PROVIDING FOR THE PAY AND ALLOWANCES OF MEMBERS OF SAID SERVICES, AND THAT SUCH HOSPITAL APPROPRIATION IS AVAILABLE FOR THE SUBSISTENCE OF THOSE ENTITLED TO SUBSISTENCE IN KIND AT THE EXPENSE OF THE GOVERNMENT, BUT NOT FOR THOSE WHO WHILE IN SERVICE ARE REQUIRED BY LAW OR REGULATION TO PROCURE SUBSISTENCE AT THEIR OWN EXPENSE. 4 COMP. GEN. 934, AND DECISIONS THEREIN CITED.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES:

THAT WARRANT OFFICERS OF THE ARMY, INCLUDING THOSE OF THE ARMY MINE PLANTER SERVICE, OF THE NAVY, MARINE CORPS, AND COAST GUARD, SHALL BE ENTITLED AT ALL TIMES TO THE SAME MONEY ALLOWANCE FOR SUBSISTENCE AS IS AUTHORIZED IN SECTION 5 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD, * * *.

THE EFFECT OF THIS ACT IS TO PLACE WARRANT OFFICERS IN THE SERVICES INDICATED, FOR SUBSISTENCE PURPOSES, ON THE SAME BASIS AS COMMISSIONED OFFICERS OF THE VARIOUS SERVICES, AND UNDER THE ABOVE STATED RULE THEY MAY NOT BE RELIEVED OF THE $1 PER DAY SUBSISTENCE CHARGE WHILE INMATES OF ST. ELIZABETHS HOSPITAL. THIS CLASS OF OFFICERS SHOULD, HOWEVER, NOT BE CONFUSED WITH NONCOMMISSIONED OFFICERS IN THE ARMY, CHIEF PETTY OFFICERS AND PETTY OFFICERS IN THE NAVY, AND SIMILAR GRADES IN THE OTHER SERVICES, WHO ARE ENLISTED MEN, AUTHORIZED TO BE SUBSISTED AT THE EXPENSE OF THE GOVERNMENT, AND ARE ENTITLED TO ADMISSION TO ST. ELIZABETHS HOSPITAL ON THE ORDER OF THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, OR THE HEADS OF THE OTHER DEPARTMENTS CONCERNED, WITHOUT EXPENSE TO THE MAN. SEE ARMY REGULATIONS 615-5; 5 COMP. GEN. 866.