A-20523, NOVEMBER 19, 1927, 7 COMP. GEN. 341

A-20523: Nov 19, 1927

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WHO RECEIVES MEDICAL TREATMENT IN THE STATION HOSPITAL FOR SEVERAL MONTHS IS ENTITLED UPON HIS DISCHARGE FROM THE HOSPITAL TO TRANSPORTATION TO HIS HOME UNDER THE PROVISIONS OF THE ACT OF JUNE 3. REQUESTING DECISION AS TO WHETHER PAYMENT OF SAME IS AUTHORIZED. LIEUTENANT BENNETT WAS DIRECTED AS FOLLOWS: 3. WILL PROCEED ON FEBRUARY 25. BENNETT WILL RETURN TO HIS HOME. THE TRAVEL ENJOINED IS NECESSARY IN THE MILITARY SERVICE. I WAS INJURED ON DUTY AND REMAINED UNDER MEDICAL TREATMENT AT THE STATION HOSPITAL. I WAS RELIEVED FROM FURTHER DUTY AT FORT BENNING. WAS INFORMED THAT I WAS ENTITLED TO TRANSPORTATION ONLY AND NOT MILEAGE. ATTENTION IS INVITED TO PAR. 3/B). UNDER WHICH LIEUTENANT BENNETT WAS ORDERED TO ATTEND THE SERVICE SCHOOL AT FORT BENNING.

A-20523, NOVEMBER 19, 1927, 7 COMP. GEN. 341

TRANSPORTATION - NATIONAL GUARD OFFICERS AN OFFICER OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHILE ATTENDING A SERVICE SCHOOL UNDER SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, AND WHO RECEIVES MEDICAL TREATMENT IN THE STATION HOSPITAL FOR SEVERAL MONTHS IS ENTITLED UPON HIS DISCHARGE FROM THE HOSPITAL TO TRANSPORTATION TO HIS HOME UNDER THE PROVISIONS OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, AND NOT TO MILEAGE UNDER SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO MAJ. A. L. WEBB, UNITED STATES ARMY, NOVEMBER 19, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 31, 1927, TRANSMITTING VOUCHER, WITH SUPPORTING PAPERS, IN FAVOR OF FIRST LIEUT. HENRY D. BENNETT, FIFTY-FIRST INFANTRY BRIGADE, MASSACHUSETTS NATIONAL GUARD, COVERING MILEAGE FOR TRAVEL FROM FORT BENNING, GA., TO NEWTON CENTER, MASS., IN AUGUST, 1927, AND REQUESTING DECISION AS TO WHETHER PAYMENT OF SAME IS AUTHORIZED.

BY PARAGRAPH 3/A), SPECIAL ORDERS NO. 245, A.G.O., MASSACHUSETTS, DATED DECEMBER 13, 1926, LIEUTENANT BENNETT WAS DIRECTED AS FOLLOWS:

3. (A) BY DIRECTION OF THE SECRETARY OF WAR, LETTER FROM CHIEF, MILITIA BUREAU, DATED DECEMBER 10, 1926, 1ST LT. HENRY D. BENNETT, 51ST INFANTRY BRIGADE, NEWTON CENTER, MASS., WILL PROCEED ON FEBRUARY 25, 1927, TO FORT BENNING, GA., REPORTING TO THE COMMANDANT, THE INFANTRY SCHOOL, ON FEBRUARY 26, 1927, AS A STUDENT FOR THE RIFLE COURSE, COMMENCING FEBRUARY 28, 1927, AND TERMINATING MAY 28, 1927. UPON COMPLETION OF THE COURSE, OR WHEN RELIEVED BY THE COMMANDANT, THE INFANTRY SCHOOL, 1ST LT. BENNETT WILL RETURN TO HIS HOME. THE TRAVEL ENJOINED IS NECESSARY IN THE MILITARY SERVICE.

IN HIS LETTER OF AUGUST 24, 1927, ADDRESSED TO THE U.S.P. AND D.O. FOR MASSACHUSETTS, LIEUTENANT BENNETT STATES:

1. IN COMPLIANCE WITH PAR. 3, S.O. NO. 245, A.G.O. MASS., DATED DECEMBER 13, 1926, I REPORTED AT FORT BENNING, GA., ON FEBRUARY 26, 1927, AS A STUDENT FOR THE RIFLE COURSE.

2. ON APRIL 11, WHILE ATTENDING A REGULARLY SCHEDULED COURSE OF INSTRUCTION ON RIFLE GRENADES, I WAS INJURED ON DUTY AND REMAINED UNDER MEDICAL TREATMENT AT THE STATION HOSPITAL, FORT BENNING, GA., UNTIL AUGUST 12, 1927.

3. UNDER DATE OF AUG. 10, 1927, PAR. 1, S.O. NO. 189, HEADQUARTERS THE INFANTRY SCHOOL, FORT BENNING, GA., I WAS RELIEVED FROM FURTHER DUTY AT FORT BENNING, GA., AS OF AUG. 12, 1927.

4. I REPORTED TO THE FINANCE OFFICER, FORT BENNING, GA., ON AUG. 12, 1927, FOR SETTLEMENT OF PAY AND MILEAGE ACCOUNTS, IN ACCORDANCE WITH PAR. 3 (B), S.O. NO. 245, A.G.O. MASS., DEC. 13, 1926, AND WAS INFORMED THAT I WAS ENTITLED TO TRANSPORTATION ONLY AND NOT MILEAGE. DUE TO THE FACT THAT I HAD PURCHASED MY OWN TRANSPORTATION AND ALSO THAT I DID NOT AGREE WITH THE FINANCE OFFICER, FORT BENNING, GA., WITH REGARD TO MILEAGE, I DID NOT ACCEPT TRANSPORTATION FROM HIM.

5. I HEREBY APPLY FOR MILEAGE AT 8 CENTS A MILE FROM FORT BENNING, GA., TO NEWTON CENTER, SS., AND ATTENTION IS INVITED TO PAR. 3/B), S.O. NO. 245, A.G.O. MASS., DEC. 13, 1926, WHICH CHARGES THE EXPENSE OF MILEAGE TO THE APPROPRIATION: 37-MB-825-P-5044-A-6090-7.

SECTION 99 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF MAY 28, 1926, 44 STAT. 674, 675, UNDER WHICH LIEUTENANT BENNETT WAS ORDERED TO ATTEND THE SERVICE SCHOOL AT FORT BENNING, GA., PROVIDES:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE THE SECRETARY OF WAR MAY, UPON THE RECOMMENDATION OF THE GOVERNOR OF ANY STATE OR TERRITORY * * * AUTHORIZE A LIMITED NUMBER OF SELECTED OFFICERS, WARRANT OFFICERS, OR ENLISTED MEN OF THE NATIONAL GUARD TO ATTEND AND PURSUE A REGULAR COURSE OF STUDY AT ANY MILITARY-SERVICE SCHOOL OF THE UNITED STATES, EXCEPT THE UNITED STATES MILITARY ACADEMY * * * AND ANY SUCH OFFICER OR WARRANT OFFICER SHALL RECEIVE, OUT OF ANY NATIONAL GUARD ALLOTMENT OF FUNDS AVAILABLE FOR THE PURPOSE, THE PAY AND ALLOWANCES PROVIDED IN THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR OFFICERS AND WARRANT OFFICERS OF THE NATIONAL GUARD WHEN AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY AND THE TRAVEL ALLOWANCES PROVIDED IN SECTION 12 THEREOF, * * * WHILE IN ACTUAL ATTENDANCE AT SUCH SCHOOL, COLLEGE, OR PRACTICAL COURSE OF INSTRUCTION, AND FOR THE NECESSARY PERIOD OF TRAVEL FROM AND TO HIS HOME STATION: PROVIDED, THAT ALL PAY AND ALLOWANCES ACCRUING TO ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN, INCLUDING THAT FOR THE PERIOD OF TRAVEL TO HOME STATIONS MAY BE PAID PRIOR TO DEPARTURE FROM THE POST OR OTHER PLACE AT WHICH SUCH SERVICE IS PERFORMED: PROVIDED FURTHER, THAT AN OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO BECOMES SICK IN LINE OF DUTY WHILE UNDERGOING THE TRAINING PROVIDED FOR BY THIS SECTION OR THE TRAINING PROVIDED FOR BY SECTION 94 OR SECTION 97 OF THIS ACT SHALL, WHILE HE IS SO SICK DURING THE PERIOD HE IS AUTHORIZED TO ENGAGE IN SUCH TRAINING, BE ENTITLED TO PAY AND ALLOWANCES THE SAME AS IF HE WERE ACTUALLY PARTICIPATING IN SUCH TRAINING.

SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, 365, PROVIDES:

THAT SECTION 6 OF THE ACT OF MARCH 4, 1923, BE, AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 6. 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 * * * SHALL BE ENTITLED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE, AND TO A CONTINUATION OF THE PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND, THEY WERE RECEIVING AT THE TIME OF SUCH INJURIES, UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES, AND UPON TERMINATION OF SUCH MEDICAL AND HOSPITAL TREATMENT SHALL BE ENTITLED TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE. * * * ANY PERSON HEREINBEFORE DESCRIBED, INJURED AS AFORESAID, WHO SHALL REMAIN DISABLED FOR MORE THAN SIX MONTHS, SHALL, DURING THE PERIOD OF DISABILITY IN EXCESS OF SIX MONTHS AND UNTIL FIT FOR TRANSPORTATION TO HIS HOME, BE ENTITLED TO MEDICAL AND HOSPITAL TREATMENT AND TO SUBSISTENCE AT GOVERNMENT EXPENSE, AND WHEN FIT FOR TRANSPORTATION SHALL BE ENTITLED TO TRANSPORTATION TO HIS HOME AT GOVERNMENT EXPENSE, BUT SHALL NOT DURING SUCH PERIOD IN EXCESS OF SIX MONTHS BE ENTITLED TO OTHER COMPENSATION. * * *"

SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, PRESCRIBES THE PAY AND ALLOWANCES OFFICERS OF THE NATIONAL GUARD SHALL RECEIVE WHILE IN ACTUAL ATTENDANCE AT A SERVICE SCHOOL AND IN GOING TO AND RETURNING THEREFROM, WITH A PROVISO THAT AN OFFICER WHO BECOMES SICK IN LINE OF DUTY WHILE UNDERGOING SUCH TRAINING SHALL FOR THE AUTHORIZED PERIOD OF TRAINING BE ENTITLED TO PAY AND ALLOWANCES THE SAME AS IF HE WERE ACTUALLY PARTICIPATING IN SUCH TRAINING.

THE ACT OF JUNE 3, 1924, SUPRA, CONTAINS SPECIAL PROVISION AS TO THOSE INJURED IN LINE OF DUTY WHILE ATTENDING SERVICE SCHOOLS, SPECIFICALLY PRESCRIBING THE PAY AND ALLOWANCES TO WHICH THEY SHALL BE ENTITLED, INCLUDING TRANSPORTATION TO THEIR HOMES. IT IS SUGGESTED THAT THE PHRASE ,TRANSPORTATION TO THEIR HOMES" AS USED IN THE ACT OF JUNE 3, 1924, SHOULD BE CONSTRUED AS MEANING THE "TRAVEL ALLOWANCES" OR MILEAGE EXPRESSLY PROVIDED BY SECTION 99. THE WORD "TRANSPORTATION" HAS A WELL DEFINED MEANING AND CAN NOT BE CONSTRUED AS MEANING MILEAGE. IF IT HAD BEEN THE INTENTION OF CONGRESS THAT OFFICERS INJURED IN LINE OF DUTY WHILE ATTENDING SERVICE SCHOOLS AND HOSPITALIZED AS AUTHORIZED IN THE ACT OF JUNE 3, 1924, SHOULD RECEIVE MILEAGE FOR THE TRAVEL PERFORMED FROM THE HOSPITAL TO THEIR HOMES, NO DOUBT APT WORDS WOULD HAVE BEEN USED TO EXPRESS SUCH INTENT.

PAYMENT OF THE VOUCHER IS NOT AUTHORIZED. HOWEVER, IN VIEW OF THE REASONS FOR THE NONISSUANCE OF TRANSPORTATION IN KIND PAYMENT MAY BE MADE TO LIEUTENANT BENNETT OF AN AMOUNT EQUAL TO THE COST TO THE GOVERNMENT HAD TRANSPORTATION AS AUTHORIZED BY LAW BEEN ISSUED AND USED.