A-21366, FEBRUARY 2, 1928, 7 COMP. GEN. 457

A-21366: Feb 2, 1928

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IS NEVERTHELESS ENTITLED TO PAY INCREASED BY 50 PERCENT WHILE UNDERGOING TREATMENT IN THE HOSPITAL BECAUSE OF THE INJURY UNTIL FIT FOR TRANSPORTATION TO HIS HOME. THE ROLL BEARING NOTATION THAT THE BASIS OF THE CLAIM IS AS FOLLOWS: ON FLYING DUTY AS OBSERVER. WAS INJURED IN LINE OF DUTY WHILE PARTICIPATING IN ABOVE FLIGHT. FLIGHT PARTICIPATED IN AT TIME OF INJURY WAS DULY ORDERED AS PART OF ARMORY DRILL. THIS OFFICER WAS ADMITTED TO THE STATION HOSPITAL. THAT HE WAS DISCHARGED THEREFROM JANUARY 29. THE CLAIM IS PRESENTED UNDER SECTION 6 OF THE ACT OF MARCH 4. THEY WERE RECEIVING AT THE TIME OF SUCH INJURIES. UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES. BE ENTITLED FROM THE DATE SUCH INJURY WAS SUSTAINED TO THE SAME MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE.

A-21366, FEBRUARY 2, 1928, 7 COMP. GEN. 457

PAY - AVIATION DUTY - NATIONAL GUARD ARMORY DRILL AN OFFICER BELONGING TO AN AIR CORPS ORGANIZATION OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHILE PARTICIPATING IN AN ARMORY DRILL NOT PROPERLY ORDERED AND NOT THEREFORE ENTITLED TO AVIATION INCREASE OF PAY FOR THE ARMORY DRILL, IS NEVERTHELESS ENTITLED TO PAY INCREASED BY 50 PERCENT WHILE UNDERGOING TREATMENT IN THE HOSPITAL BECAUSE OF THE INJURY UNTIL FIT FOR TRANSPORTATION TO HIS HOME, UNDER THE ACT OF JUNE 3, 1924, 43 STAT. 364.

COMPTROLLER GENERAL MCCARL TO LIEUT. COL. R. A. ROSSBERG, UNITED STATES PROPERTY AND DISBURSING OFFICER, MINNESOTA NATIONAL GUARD, FEBRUARY 2, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 16, 1927, TRANSMITTING FOR DECISION FIELD TRAINING PAY ROLL OF THE ONE HUNDRED AND NINTH SQUADRON (OBSERVATION), MINNESOTA NATIONAL GUARD, JANUARY 17 TO 28, 1926, CONTAINING THE CLAIM OF SECOND LIEUT. WILLIAM R. NOLAN, MINNESOTA NATIONAL GUARD, FOR 50 PERCENT INCREASE FOR FLYING PAY FOR THE PERIOD STATED, THE ROLL BEARING NOTATION THAT THE BASIS OF THE CLAIM IS AS FOLLOWS:

ON FLYING DUTY AS OBSERVER, PARTICIPATED IN AERIAL FLIGHTS JAN. 17, 1926, 3:20 P.M. FOR 80 MINUTES. WAS INJURED IN LINE OF DUTY WHILE PARTICIPATING IN ABOVE FLIGHT. FLIGHT PARTICIPATED IN AT TIME OF INJURY WAS DULY ORDERED AS PART OF ARMORY DRILL. THIS OFFICER WAS ADMITTED TO THE STATION HOSPITAL, FT. SNELLING, MINN., ON JANUARY 17, 1926, AND THAT HE WAS DISCHARGED THEREFROM JANUARY 29, 1926, AS FIT FOR TRANSPORTATION TO HIS HOME.

BASE PAY, RENTAL ALLOWANCE, AND SUBSISTENCE ALLOWANCE PAID ON VOUCHER 481 A/C LT. COL. R. A. ROSSBERG, DEC. 1927.

THE CLAIM IS PRESENTED UNDER SECTION 6 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508, AS AMENDED BY 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; * * * 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. OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHEN PARTICIPATING IN AERIAL FLIGHTS PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF SAID NATIONAL DEFENSE ACT AS AMENDED SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED FROM THE DATE SUCH INJURY WAS SUSTAINED TO THE SAME MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE, PAY, AND ALLOWANCES, AND TRANSPORTATION TO THEIR HOMES, AS IF SUCH INJURY HAD OCCURRED WHILE IN LINE OF DUTY AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES UNDER AFOREMENTIONED SECTION 94 OF THE NATIONAL DEFENSE ACT. * * * 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. * * *

IT APPEARS THAT THE INJURY OCCURRED WHILE LIEUTENANT NOLAN WAS PARTICIPATING IN A FLIGHT DENOMINATED BY SPECIAL ORDERS, NO. 2, THIRTY FOURTH DIVISION, AIR SERVICE, MINNESOTA NATIONAL GUARD, JANUARY 3, 1926, AS A "SPLIT FORMATION ASSEMBLY," THE ORDER PROVIDING FOR DRILLS OF THE ORGANIZATION AS A WHOLE FROM 8 TO 10 O-CLOCK EACH MONDAY EVENING AND FOR INSTRUCTION IN FLYING DUTIES TO THE PERSONNEL ON FLYING DUTY AS "SPLIT FORMATION ASSEMBLY" TO BE HELD FROM 8:30 O-CLOCK A.M. TO 6 O-CLOCK EVENING ON EACH DAY OF THE WEEK, ENDING WITH SUNDAY FOLLOWING THE MONDAY ON WHICH THE SINGLE FORMATION OF THE ENTIRE ORGANIZATION WAS HELD. IT HAS BEEN HELD UNDER THE LAW AND THE REGULATIONS THEN IN EFFECT THAT SPLIT DRILLS SUCH AS THIS DID NOT ENTITLE TO 50 PERCENT INCREASE OF ARMORY DRILL PAY FOR FLYING DUTY, A 15757, OCTOBER 1, 1926, TO CAP. H. G. COYKENDALL, F. D., UNITED STATES ARMY. BUT THE CONTINUATION OF PAY AUTHORIZED BY THE ACT OF 1923, AS AMENDED, WAS NOT THE ARMORY DRILL PAY BEING RECEIVED AT THE TIME OF INJURY BUT THE PAY THAT WOULD HAVE BEEN RECEIVED HAD THE INJURY OCCURRED IN LINE OF DUTY WHILE PARTICIPATING IN AN ENCAMPMENT, MANEUVER, OR OTHER EXERCISE UNDER SECTION 94 OF THE NATIONAL DEFENSE ACT.

THE LAW, SECTION 20 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 6 OF THE ACT OF JULY 2, 1926, 44 STAT. 782, HAS SINCE PROVIDED FOR FLIGHTS AT AN ORDERED DRILL "OR AT OTHER TIMES WHEN SO AUTHORIZED BY THE PRESIDENT.' PRIOR TO SUCH AMENDMENT, FLIGHT TRAINING AT IMPROPERLY ORDERED SPLIT DRILLS DID NOT ENTITLE TO 50 PERCENT INCREASE OF ARMORY DRILL PAY; BUT SUCH PARTICIPATION IN FLIGHTS AS TRAINING SUPPLEMENTAL TO THE ORDERED DRILLS OF AN ORGANIZATION WAS A PARTICIPATION IN AERIAL FLIGHTS PRESCRIBED UNDER THE PROVISIONS OF SECTION 92 OF THE NATIONAL DEFENSE ACT, NOTWITHSTANDING THE OFFICERS OR MEN WERE NOT ENTITLED TO FLYING PAY THEREFOR, AND IS WITHIN THE ACT PROVIDING FOR MEDICAL AND HOSPITAL TREATMENT IN CASE OF INJURY IN LINE OF DUTY WHILE SO PARTICIPATING. THE PAY AUTHORIZED FOR OFFICERS INJURED IN LINE OF DUTY AT AN ENCAMPMENT IS A CONTINUATION OF THE PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND THEY WERE RECEIVING AT THE TIME OF SUCH INJURY. AN OFFICER OF THE NATIONAL GUARD INJURED IN LINE OF DUTY WHILE ON FLYING DUTY AT AN ENCAMPMENT AND ENTITLED TO FLYING PAY THEREFOR WOULD BE ENTITLED TO PAY INCREASED BY 50 PERCENT AND UNDER THE TERMS OF SECTION 4 OF THE ACT OF 1923, AS AMENDED, WHEN INCAPACITATED BY REASON OF SUCH INJURY, WOULD CONTINUE TO RECEIVE THE SAME PAY. 6 COMP. GEN. 851, 865. THE PURPOSE OF THE STATUTE WAS TO PLACE OFFICERS INJURED IN LINE OF DUTY WHILE PARTICIPATING IN AERIAL FLIGHTS IN CONNECTION WITH ARMORY DRILLS IN IDENTICALLY THE SAME SITUATION WITH RESPECT TO PAY AND ALLOWANCES AS AN OFFICER INJURED WHILE PARTICIPATING IN THE SAME DUTY AT AN ENCAMPMENT. THE VOUCHER, IF OTHERWISE CORRECT, MAY BE PAID.