A-19107, SEPTEMBER 12, 1927, 7 COMP. GEN. 196

A-19107: Sep 12, 1927

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PRIVATE - NATIONAL GUARD WHERE ENLISTED MEN OF AN ORGANIZATION OF THE NATIONAL GUARD ARE INJURED WHILE EN ROUTE TO AN ENCAMPMENT UNDER PROPER ORDERS. THEY ARE ENTITLED. IF NO SERVICE OR GOVERNMENT FACILITIES ARE AVAILABLE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHERS THEREWITH TRANSMITTED IN FAVOR OF DR. THE PAPERS TRANSMITTED WITH THE VOUCHERS SHOW THAT THE ENLISTED MEN WERE MEMBERS OF A CREW OF A SERVICE OR REPAIR TRUCK OF THE COMPANY EN ROUTE ON THE EVENING OF JULY 9. WHEN AN ACCIDENT OCCURRED IN WHICH THE TWO NAMED MEN WERE INJURED. THEY WERE TAKEN TO THE NEAREST HOSPITAL AND A CIVILIAN PRACTITIONER SECURED. A BOARD APPOINTED TO INVESTIGATE THE MATTER FOUND THAT THE INJURIES WERE INCURRED IN LINE OF DUTY AND WITHOUT MISCONDUCT.

A-19107, SEPTEMBER 12, 1927, 7 COMP. GEN. 196

MEDICAL TREATMENT, PRIVATE - NATIONAL GUARD WHERE ENLISTED MEN OF AN ORGANIZATION OF THE NATIONAL GUARD ARE INJURED WHILE EN ROUTE TO AN ENCAMPMENT UNDER PROPER ORDERS, THEY ARE ENTITLED, UNDER SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, IF NO SERVICE OR GOVERNMENT FACILITIES ARE AVAILABLE, TO NECESSARY MEDICAL AND HOSPITAL CARE AND TREATMENT FURNISHED FROM PRIVATE SOURCES AT THE EXPENSE OF THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO LIEUT.COL. F. J. KILLILEA, UNITED STATES PROPERTY AND DISBURSING OFFICER, MASSACHUSETTS NATIONAL GUARD, SEPTEMBER 12, 1927:

THERE HAS BEEN RECEIVED, THROUGH CHANNELS, YOUR ELEVENTH INDORSEMENT OF JUNE 9, 1927, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHERS THEREWITH TRANSMITTED IN FAVOR OF DR. HENRY J. WALCOT, CONCORD, MASS., $214, FOR MEDICAL AND SURGICAL TREATMENT OF MINARD C. STYGLES, PRIVATE, ONE HUNDRED AND SECOND MOTOR TRANSPORT COMPANY, MASSACHUSETTS NATIONAL GUARD, AND THE EMERSON HOSPITAL, CONCORD, MASS., $269.50, FOR HOSPITAL SERVICES RENDERED PRIVATE STYGLES, JULY 9 SEPTEMBER 5, 1926, AND HENRY J. DION, PRIVATE, ONE HUNDRED AND SECOND MOTOR TRANSPORT COMPANY, JULY 9-JULY 15, 1926.

THE PAPERS TRANSMITTED WITH THE VOUCHERS SHOW THAT THE ENLISTED MEN WERE MEMBERS OF A CREW OF A SERVICE OR REPAIR TRUCK OF THE COMPANY EN ROUTE ON THE EVENING OF JULY 9, 1926, FROM THE HOME STATION OF THE ORGANIZATION, WOBURN, MASS., TO CAMP DEVENS, MASS., TO PARTICIPATE IN THE ORDERED ENCAMPMENT THERE OF THE TWENTY-SIXTH DIVISION, MASSACHUSETTS NATIONAL GUARD DURING THE PERIOD JULY 10-24, 1926, BOTH DATES INCLUSIVE, WHEN AN ACCIDENT OCCURRED IN WHICH THE TWO NAMED MEN WERE INJURED. THERE BEING NO MEDICAL OFFICER OR GOVERNMENT HOSPITAL AVAILABLE AND BECAUSE OF THE SERIOUSNESS OF THE INJURIES, THEY WERE TAKEN TO THE NEAREST HOSPITAL AND A CIVILIAN PRACTITIONER SECURED. A BOARD APPOINTED TO INVESTIGATE THE MATTER FOUND THAT THE INJURIES WERE INCURRED IN LINE OF DUTY AND WITHOUT MISCONDUCT. IT APPEARS THE MEN WERE NOT AMONG THE MEMBERS OF THE ADVANCE DETAIL OF THE DIVISION REQUIRED TO REPORT AT CAMP DEVENS BEFORE JULY 10, 1926, BECAUSE OF THE LIMIT AS TO THE NUMBERS PERMITTED IN SUCH ADVANCE DETAIL; BUT THAT WITH A VIEW TO BEING PREPARED TO HANDLE THE DETRAINING OF THE DIVISION ON THE OPENING DAY OF THE CAMP, IT HAS BEEN CUSTOMARY TO ASK THE MEMBERS OF THE DIVISION TRAIN TO REPORT AT CAMP PRIOR TO MIDNIGHT OF THE DAY PRECEDING THE OPENING OF THE ENCAMPMENT; AND THAT SUBPARAGRAPH 2, PARAGRAPH 1, OF GENERAL ORDER NO. 1, HEADQUARTERS, TWENTY-SIXTH DIVISION TRAIN, MASSACHUSETTS NATIONAL GUARD, DATED JUNE 28, 1926, PROVIDED:

ALL UNITS OF THE TRAIN WILL REPORT AT CAMP DEVENS BEFORE MIDNIGHT ON JULY 9, 1926.

THE MEN WERE THUS EN ROUTE TO THE ENCAMPMENT PURSUANT TO ORDERS ALTHOUGH NOT ENTITLED TO PAY PRIOR TO THE OPENING OF THE ENCAMPMENT. PAYMENT OF THE INCLOSED VOUCHERS IS PROPOSED UNDER AUTHORITY OF SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, WHICH PROVIDES:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHILE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED; MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY INJURED IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; PERSONS HEREINBEFORE DESCRIBED WHO MAY NOW BE UNDERGOING HOSPITAL TREATMENT FOR INJURIES SO SUSTAINED SHALL BE ENTITLED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE, * * *.

THE DOUBT AS TO THE PROPRIETY OF PAYMENT ARISES BECAUSE OF THE LIMITATION IN THE FOREGOING PROVISION TO INJURIES SUFFERED WHILE AT ENCAMPMENTS, THE MEN IN THIS CASE BEING EN ROUTE TO AN ENCAMPMENT AND NOT AT THE ENCAMPMENT WHEN INJURED. A FURTHER QUESTION IS SUGGESTED BY THE FACT THAT THE MEN WERE NOT, UNDER THE LIMITATIONS CONTAINED IN THE ORDERS OF THE ADJUTANT GENERAL OF MASSACHUSETTS, A PART OF THE ADVANCE DETAIL AND WERE NOT THEREFORE ENTITLED TO PAY PRIOR TO THE OPENING OF THE ENCAMPMENT. IF THE FIRST GROUND OF DOUBT IS SUBSTANTIAL, THE SECOND IS IMMATERIAL, AS UNDER THE FIRST GROUND MEMBERS OF THE NATIONAL GUARD EN ROUTE TO OR FROM ENCAMPMENTS AND ENTITLED TO PAY WOULD, NEVERTHELESS, BE EXCLUDED FROM THE BENEFITS OF THE ACT. DISPOSING OF THE SECOND QUESTION FIRST, IF MEMBERS OF THE NATIONAL GUARD ARE INJURED WHILE PROCEEDING TO AN AUTHORIZED ENCAMPMENT PRIOR TO ITS OFFICIAL OPENING UNDER PROPER ORDERS FOR THE PERFORMANCE OF DUTY IN CONNECTION WITH THE ENCAMPMENT, THE MEN ARE AS MUCH WITHIN THE BENEFITS OF THE ACT AS THOUGH ENTITLED TO PAY.

WAS IT INTENDED BY THE LANGUAGE USED "WHILE AT THE ENCAMPMENTS" TO LIMIT THE BENEFITS TO MEMBERS OF THE NATIONAL GUARD SUFFERING INJURIES ONLY WHILE AT THE ENCAMPMENT AND TO EXCLUDE THE PERIOD EN ROUTE TO AND FROM SUCH ENCAMPMENT? PRIOR TO THE CITED ACT IT HAD BEEN HELD THAT MEMBERS OF THE NATIONAL GUARD, WHILE PARTICIPATING IN AUTHORIZED ENCAMPMENTS, WERE ENTITLED TO CIVILIAN MEDICAL TREATMENT AS A CHARGE AGAINST APPROPRIATIONS FOR THE NATIONAL GUARD IF SERVICE OR GOVERNMENT FACILITIES WERE NOT AVAILABLE, BUT THAT SUCH EXPENSES COULD NOT BE PAID UNDER THOSE APPROPRIATIONS AFTER THE DATE THE ENCAMPMENT OFFICIALLY ENDED. 27 COMP. DEC. 631. THERE IS PARTICIPATION IN AN ENCAMPMENT WHEN, PURSUANT TO PROPER ORDERS, A UNIT OF THE NATIONAL GUARD IS EN ROUTE TO OR FROM THE ENCAMPMENT. THE ACT WAS NOT DESIGNED TO RESTRICT OR REDUCE THE EXISTING PROVISIONS BUT TO EXTEND FURTHER BENEFITS TO MEMBERS OF THE NATIONAL GUARD INJURED WHILE ENGAGED IN THE TRAINING PRESCRIBED AND PROVIDED FOR BY SECTION 94 OF THE NATIONAL DEFENSE ACT. IT IS TO BE OBSERVED THE PROVISION FOR MEMBERS OF THE RESERVE CORPS EXTENDS TO THEM WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; AND A MEMBER OF THE RESERVE IS ON ACTIVE DUTY FROM THE TIME HE PROCEEDS FROM HIS HOME IN OBEDIENCE TO THE ORDER; UNLESS MORE EXTENSIVE PROVISION IS DESIGNED TO BE MADE FOR MEMBERS OF THE RESERVE THAN FOR THE NATIONAL GUARD, THE LATTER MUST BE INCLUDED WHILE EN ROUTE TO AND FROM ENCAMPMENTS. BENEFITS OF IDENTICALLY THE SAME CHARACTER WERE INTENDED TO BE PROVIDED FOR MEMBERS OF THE NATIONAL GUARD AS FOR MEMBERS OF THE RESERVE CORPS. ACCORDINGLY THE PHRASE "WHILE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES" IS INTERPRETED AS INCLUDING THE TIME NECESSARILY INVOLVED IN PROCEEDING UNDER PROPER ORDERS FROM THE HOME STATION OR COMPANY RENDEZVOUS TO THE DAY WHEN THE ORGANIZATION SHOULD, UNDER ITS ORDERS, RETURN THERETO.