A-21880, MARCH 13, 1928, 7 COMP. GEN. 566

A-21880: Mar 13, 1928

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PROVIDING FOR MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE OF MEMBERS OF THE OFFICERS' RESERVE CORPS INJURED WHILE ON ACTIVE DUTY AND THE CONTINUATION OF THEIR PAY AND ALLOWANCES UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES. THE RIGHT TO CONTINUATION OF PAY AND ALLOWANCES TERMINATES WHEN THE PROPER MEDICAL OFFICER HAS DETERMINED THAT THE PATIENT IS FIT FOR TRAVEL TO HIS HOME. NOTWITHSTANDING HE MAY HAVE BEEN FURNISHED FURTHER MEDICAL AND HOSPITAL TREATMENT IN ORDER TO EFFECT A MORE PERFECT CURE OF THE INJURY. THEY WERE RECEIVING AT THE TIME OF SUCH INJURIES. UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES. "AND UPON ARRIVAL THEREAT WILL REVERT TO INACTIVE STATUS.'.

A-21880, MARCH 13, 1928, 7 COMP. GEN. 566

OFFICERS' RESERVE CORPS - CONTINUATION OF PAY AND ALLOWANCES WHILE UNDERGOING TREATMENT FOR INJURIES SUSTAINED ON ACTIVE DUTY UNDER SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, AND REGULATIONS ISSUED PURSUANT THERETO, PROVIDING FOR MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE OF MEMBERS OF THE OFFICERS' RESERVE CORPS INJURED WHILE ON ACTIVE DUTY AND THE CONTINUATION OF THEIR PAY AND ALLOWANCES UNTIL THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES, THE RIGHT TO CONTINUATION OF PAY AND ALLOWANCES TERMINATES WHEN THE PROPER MEDICAL OFFICER HAS DETERMINED THAT THE PATIENT IS FIT FOR TRAVEL TO HIS HOME, NOTWITHSTANDING HE MAY HAVE BEEN FURNISHED FURTHER MEDICAL AND HOSPITAL TREATMENT IN ORDER TO EFFECT A MORE PERFECT CURE OF THE INJURY.

COMPTROLLER GENERAL MCCARL TO MAJ. W. D. DABNEY, UNITED STATES ARMY, MARCH 13, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 17, 1928, AND ATTACHED PAY-ROLL VOUCHER IN FAVOR OF RAYMOND D. WOODS, FIRST LIEUTENANT, FIELD ARTILLERY RESERVES, FOR PAY AND ALLOWANCES FOR THE PERIOD DECEMBER 18 TO 31, 1927, WHILE UNDERGOING TREATMENT IN STATION HOSPITAL, FORT SAM HOUSTON, TEX., UNDER THE ACT OF MARCH 4, 1923, 42 STAT. 1508, AS AMENDED BY THE ACT OF JUNE 3, 1924, 43 STAT. 364.

SECTION 4 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364, IN SO FAR AS HERE MATERIAL, PROVIDES:

THAT * * * 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, 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. * *

SPECIAL ORDERS NO. 204, AUGUST 30, 1927, ORDERED FIRST LIEUT. RAYMOND D. WOODS, FIELD ARTILLERY RESERVES, OF INDIANAPOLIS, IND., "TO ACTIVE DUTY FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION AT THE FIELD ARTILLERY SCHOOL," FORT SILL, OKLA., FROM SEPTEMBER 15 TO DECEMBER 15, 1927. UPON COMPLETION OF THE COURSE AND RELEASE FROM DUTY, HIS ORDERS DIRECTED HIM TO PROCEED TO HIS HOME,"AND UPON ARRIVAL THEREAT WILL REVERT TO INACTIVE STATUS.' WHILE ATTENDING THE SCHOOL UNDER SAID ORDERS ON OCTOBER 9, 1927, CLAIMANT SUSTAINED A DISLOCATION OF HIS RIGHT ELBOW AS THE RESULT OF AN ACCIDENT WHILE RIDING HORSEBACK. BECAUSE OF THIS INJURY HE WAS A PATIENT IN THE HOSPITAL UNTIL OCTOBER 12, 1927, AND THEREAFTER REMAINED "A PATIENT IN QUARTERS" AT FORT SILL, OKLA., UNTIL DECEMBER 19, 1927. ON DECEMBER 20, 1927, HE WAS TRANSFERRED TO THE STATION HOSPITAL, FORT SAM HOUSTON, TEX., FOR FURTHER TREATMENT. THE SURGEON WHO WAS CARING FOR HIM PRONOUNCED HIM FIT TO TRAVEL, AND HE DID TRAVEL TO FORT SAM HOUSTON ON THAT DATE. CLAIMANT HIMSELF STATES IN HIS APPLICATION FOR THE PAY IN QUESTION THAT---

I WAS KEPT IN THE HOSPITAL AT FORT SILL FOR THREE DAYS, WHEN I WAS SENT BACK TO QUARTERS BY THE SURGEON. WHEN I WAS NOT AT THE HOSPITAL FOR TREATMENT I WAS PERMITTED TO ATTEND CLASSES THAT DID NOT REQUIRE ANY USE OF MY ARM WHICH WOULD FURTHER INJURE IT OR RETARD IT FROM GETTING WELL.

ON DECEMBER 15, 1927, THE END OF THE COURSE, I REFUSED TO SIGN A RELEASE, BECAUSE MY ARM HAD NOT GOTTEN WELL. A MEDICAL BOARD WAS APPOINTED, AND THEIR DECISION WAS TO THE EFFECT THAT I SHOULD BE SENT TO THE STATION HOSPITAL, FORT SAM HOUSTON, FOR OBSERVATION AND TREATMENT. THE FIRST WEEK IN DECEMBER THE SURGEON WHO WAS LOOKING AFTER MY ARM DECIDED THAT THE TREATMENT AT HIS HOSPITAL WAS NOT DOING THE ARM ANY GOOD, AND STARTED PROCEEDINGS TO HAVE ME ORDERED TO FORT SAM HOUSTON.

ON DECEMBER 18, 1927, I RECEIVED SPECIAL ORDER NO. 291, PAR. 2, ISSUED AT THE HEADQUARTERS OF THE EIGHTH CORPS AREA ON DECEMBER 14, 1927, ORDERING ME TO THE STATION HOSPITAL, FORT SAM HOUSTON. I WAS FURNISHED TRANSPORTATION AND NO MILEAGE.

IN RESPONSE TO A REQUEST ADDRESSED BY YOU TO THE COMMANDING OFFICER OF THE STATION HOSPITAL, FORT SAM HOUSTON, TEX., FOR CERTIFICATE AS TO DATES THIS OFFICER WAS UNDERGOING TREATMENT IN THAT HOSPITAL, AND, IN EFFECT, FOR EXPRESSION OF OPINION AS TO WHETHER THE OFFICER WAS FIT FOR TRAVEL TO HIS HOME, THE REGISTRAR OF THE HOSPITAL REPLIED BY INDORSEMENT OF JANUARY 16, 1928:

* * * OTHER THAN A PARTIAL ANKYLOSIS OF HIS RIGHT ELBOW, DUE TO AN INJURY RECEIVED SEVERAL MONTHS PREVIOUS TO ADMISSION, HIS GENERAL CONDITION WAS GOOD WHEN ADMITTED HERE.

THE SURGEON IN CHARGE OF THE STATION HOSPITAL AT FORT SILL, OKLA., REPORTED BY INDORSEMENT OF FEBRUARY 13, 1928:

HE COULD HAVE TRAVELED TO HIS HOME. HE DID TRAVEL TO THE STATION HOSPITAL, FORT SAM HOUSTON, UPON THE RECOMMENDATION OF THE SURGEON, FORT SILL, OKLA., IN ORDER THAT HE MIGHT HAVE THE BENEFIT OF PHYSIOTHERAPY TREATMENTS TO HIS INJURED ARM.

THE RECOMMENDATION OF THE SURGEON IN THIS CASE WAS BASED UPON PROFESSIONAL CONSIDERATIONS WITH A VIEW TO MORE PERFECT CURE. THE QUESTION OF ALLOWANCES PRESCRIBED BY LAW FOR TRANSPORTATION, COMMUTATION, AND PAY IS A MATTER APART FROM THAT OF PROFESSIONAL SERVICE FOR COMPLETION OF A CURE.

THE STATUTE GIVES A RIGHT TO MEDICAL AND HOSPITAL TREATMENT AND TO PAY AND ALLOWANCES ONLY UNTIL FIT FOR TRAVEL TO THEIR HOMES, AND THE DETERMINATION OF WHEN AN OFFICER OR ENLISTED MAN, OTHERWISE WITHIN THE ACT, IS FIT FOR TRAVEL TO HIS HOME IS TO BE DETERMINED IN ACCORD WITH REGULATIONS TO BE ISSUED BY THE PRESIDENT. A.R. 140-145, PARAGRAPH 75 A, THE REGULATIONS ISSUED PURSUANT TO THE REQUIREMENTS OF THE LAW, PROVIDES THAT THE MEDICAL AND HOSPITAL SERVICES AND THE CONTINUATION OF PAY AND ALLOWANCES THEREIN PROVIDED SHALL CONTINUE "UNTIL, IN THE OPINION OF THE MEDICAL OFFICER IN ATTENDANCE OR OF THE CORPS AREA SURGEON, THEY ARE FIT FOR TRANSPORTATION TO THEIR HOMES.' THAT THE OFFICER WISHED FURTHER TREATMENT, AND SUCH FURTHER TREATMENT WAS ACCORDED HIM, GIVES HIM NO RIGHT UNDER THE STATUTE TO PAY AND ALLOWANCES; HIS RIGHT UNDER THE STATUTE IS EXHAUSTED WHEN THE PROPER MEDICAL OFFICER HAS DETERMINED THAT HE IS FIT FOR TRAVEL TO HIS HOME. AN OFFICER MAY NOT CONTINUE TO KEEP ALIVE HIS RIGHTS UNDER THE STATUTE AFTER THE MEDICAL OFFICER HAS DETERMINED HE IS FIT FOR TRANSPORTATION TO HIS HOME BY REQUESTING AND SECURING FURTHER MEDICAL TREATMENT TO EFFECT A MORE PERFECT CURE OF AN INJURY. THE OFFICER HAVING BEEN FIT FOR TRAVEL TO HIS HOME UPON COMPLETION OF THE COURSE OF INSTRUCTION, HE IS NOT ENTITLED TO ACTIVE DUTY PAY OR ALLOWANCES FOR A PERIOD BEYOND THE DATE AUTHORIZED BY HIS ORDERS TO ACTIVE DUTY. PAYMENT IS NOT AUTHORIZED OF THE VOUCHER WHICH YOU HAVE SUBMITTED.