A-25535, JANUARY 15, 1929, 8 COMP. GEN. 365

A-25535: Jan 15, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INVOLVING THE QUESTION WHETHER HE IS ENTITLED TO BENEFITS OF WAR RISK DISABILITY COMPENSATION AND HOSPITALIZATION UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT. HE WAS ISSUED A CERTIFICATE THAT HE HAD SUCCESSFULLY COMPLETED THE FIELD ARTILLERY BASIC COURSE AT THE CAMP. WAS CONDUCTED UNDER THE PROVISIONS OF SECTION 47D OF THE NATIONAL DEFENSE ACT. BY LAW ITS PRIMARY OBJECT WAS TO TRAIN CANDIDATES AS RESERVE OFFICERS OR AS NONCOMMISSIONED OFFICERS IN THE ENLISTED RESERVE CORPS. WAS AUTHORIZED UNDER THE PROVISIONS OF WAR DEPARTMENT BULLETIN NO. 43. AN EXTRACT COPY OF WHICH IS ATTACHED FOR USE IN CONNECTION WITH THE CASE OF CHARLES M. THE ONLY OBLIGATION REQUIRED OF A STUDENT WAS THAT IF HE ELECTED TO TAKE THE COURSE IN THE RESERVE OFFICERS' TRAINING CORPS HE WAS REQUIRED TO COMPLETE THE COURSE AS A PREREQUISITE TO GRADUATION FROM THE INSTITUTION UNLESS RELIEVED BY THE PROFESSOR OF MILITARY SCIENCE AND TACTICS AT THAT INSTITUTION. 3.

A-25535, JANUARY 15, 1929, 8 COMP. GEN. 365

VETERANS' BUREAU - DISABILITY COMPENSATION - MEMBERS OF RESERVE OFFICERS' TRAINING CORPS ATTENDANCE AT A CAMP FOR THE RESERVE OFFICERS' TRAINING CORPS, ESTABLISHED AND MAINTAINED UNDER SECTION 47D OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 779, AS A PART OF A COURSE AT AN EDUCATIONAL INSTITUTION, DOES NOT ENTITLE THE STUDENT TO THE BENEFITS OF DISABILITY COMPENSATION AND/OR HOSPITALIZATION UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JANUARY 15, 1929:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF DECEMBER 19, 1928, SUBMITTING THE CASE OF CHARLES MEBANE FULLWOOD, C-1257771, INVOLVING THE QUESTION WHETHER HE IS ENTITLED TO BENEFITS OF WAR RISK DISABILITY COMPENSATION AND HOSPITALIZATION UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT, AS AMENDED.

YOU STATE THE FACTS AS PRESENTED SHOW THAT THIS CLAIMANT SERVED IN THE BASIC CAMP, SENIOR DIVISION, RESERVE OFFICERS' TRAINING CORPS, CAMP KNOX, KY., FROM JUNE 9, 1921, TO JUNE 30, 1921, AND THAT ON JULY 20, 1921, HE WAS ISSUED A CERTIFICATE THAT HE HAD SUCCESSFULLY COMPLETED THE FIELD ARTILLERY BASIC COURSE AT THE CAMP. YOU STATE THE WAR DEPARTMENT HAS REPORTED AS FOLLOWS:

1. THE RESERVE OFFICERS' TRAINING CAMP, CAMP KNOX, KY., WAS CONDUCTED UNDER THE PROVISIONS OF SECTION 47D OF THE NATIONAL DEFENSE ACT, AS AMENDED BY ACT OF CONGRESS APPROVED JUNE 4, 1920, IN ACCORDANCE WITH SPECIAL REGULATIONS 44B, WAR DEPARTMENT, 1921, AND BY LAW ITS PRIMARY OBJECT WAS TO TRAIN CANDIDATES AS RESERVE OFFICERS OR AS NONCOMMISSIONED OFFICERS IN THE ENLISTED RESERVE CORPS. THE RESERVE OFFICERS' TRAINING CORPS AT THE ALABAMA POLYTECHNIC INSTITUTE, AUBURN, ALA., WAS AUTHORIZED UNDER THE PROVISIONS OF WAR DEPARTMENT BULLETIN NO. 43, DECEMBER 29, 1919, AN EXTRACT COPY OF WHICH IS ATTACHED FOR USE IN CONNECTION WITH THE CASE OF CHARLES M. FULLWOOD.

2. NO PAY ACCRUED TO THIS MAN WHILE A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS. SECTIONS 47A AND 47C OF THE ACT OF CONGRESS APPROVED JUNE 4, 1920, SET FORTH THE ALLOWANCES TO MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS. THE ONLY OBLIGATION REQUIRED OF A STUDENT WAS THAT IF HE ELECTED TO TAKE THE COURSE IN THE RESERVE OFFICERS' TRAINING CORPS HE WAS REQUIRED TO COMPLETE THE COURSE AS A PREREQUISITE TO GRADUATION FROM THE INSTITUTION UNLESS RELIEVED BY THE PROFESSOR OF MILITARY SCIENCE AND TACTICS AT THAT INSTITUTION.

3. THE RECORDS OF THE RESERVE OFFICERS' TRAINING CAMP, ALABAMA POLYTECHNIC INSTITUTE, SHOW THAT CHARLES M. FULLWOOD COMPLETED ONLY ONE YEAR OF THE BASIC COURSE AT THAT INSTITUTION--- THE FIELD ARTILLERY UNIT, REGULAR OFFICERS' TRAINING CORPS--- ON JUNE 1, 1921, AND THAT HE COMPLETED FIVE WEEKS' INSTRUCTION IN THE SENIOR DIVISION, REGULAR OFFICERS' TRAINING CORPS, AT CAMP KNOX, ., ON JULY 20, 1921.

SECTION 3, PARAGRAPH 9, OF THE WORLD WAR VETERANS' ACT DATED JUNE 7, 1924, 43 STAT. 608, PROVIDES AS FOLLOWS:

THE TERMS "MAN" AND "ENLISTED MAN" MEAN A PERSON, WHETHER MALE OR FEMALE, AND WHETHER ENLISTED, ENROLLED, OR DRAFTED INTO ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES, AND INCLUDE NONCOMMISSIONED AND PETTY OFFICERS AND MEMBERS OF TRAINING CAMPS AUTHORIZED BY LAW.

SECTION 315 OF THE WAR RISK INSURANCE ACT, AS AMENDED BY THE ACT OF AUGUST 9, 1921, 42 STAT. 155, WOULD HAVE AUTHORIZED WAR RISK DISABILITY COMPENSATION FOR A PERSON ENTERING THE MILITARY OR NAVAL FORCES OF THE UNITED STATES WITHIN SIX MONTHS FROM THE PASSAGE OF SAID AMENDATORY ACT, OR UNTIL FEBRUARY 8, 1922. SECTION 212 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 623, EXCLUDED CASES "IF SUCH DISABILITY OCCURRED AS A RESULT OF SERVICE PRIOR TO APRIL 6, 1917, OR AFTER JULY 2, 1921.'

THE PERIOD OF ATTENDANCE AT THE CAMP OF INSTRUCTION ABOVE DESCRIBED IS WITHIN THE TIME THAT WOULD HAVE ENTITLED CLAIMANT TO RIGHTS UNDER EITHER THE WAR RISK INSURANCE ACT OR THE WORLD WAR VETERANS' ACT, IF OTHERWISE ENTITLED. HENCE, THE SOLE QUESTION IS WHETHER THE CLAIMANT COMES WITHIN THE TERM "MAN" OR "ENLISTED MAN" ABOVE DEFINED.

SECTION 47D OF THE ACT OF JUNE 4, 1920, 41 STAT. 779, UNDER THE PROVISIONS OF WHICH THE CAMP IN QUESTION WAS ESTABLISHED AND MAINTAINED, PROVIDES AS FOLLOWS:

THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO MAINTAIN, UPON MILITARY RESERVATIONS, OR ELSEWHERE, SCHOOLS OR CAMPS FOR THE MILITARY INSTRUCTION AND TRAINING, WITH A VIEW TO THEIR APPOINTMENT AS RESERVE OFFICERS OR NONCOMMISSIONED OFFICERS, OF SUCH WARRANT OFFICERS, ENLISTED MEN, AND CIVILIANS AS MAY BE SELECTED UPON THEIR OWN APPLICATION; * * *.

IT WILL BE NOTED THAT THE CAMPS WERE AUTHORIZED TO TRAIN CIVILIANS AS WELL AS MEMBERS OF THE MILITARY AND NAVAL FORCES. WHILE THE CLAIMANT IN THIS CASE WAS A MEMBER OF A TRAINING CAMP AUTHORIZED BY LAW, THERE MAY NOT BE DISREGARDED, IN DETERMINING HIS RIGHT TO COMPENSATION AND HOSPITALIZATION, THE REMAINDER OF THE DEFINITION OF "MAN" AND "ENLISTED MAN" ABOVE QUOTED FROM THE STATUTE, AND, ALSO, THE PROVISIONS OF SECTIONS 300 AND 200 OF THE WAR RISK INSURANCE ACT AND THE WORLD WAR VETERANS' ACT, RESPECTIVELY. THE DEFINITION IN QUESTION CONTAINS THE WORDS "WHETHER ENLISTED, ENROLLED, OR DRAFTED INTO ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES.' SECTIONS 300 AND 200 OF THE WAR RISK INSURANCE ACT AND THE WORLD WAR VETERANS' ACT, RESPECTIVELY, CONTAIN THE CONDITION PRECEDENT TO THE RIGHT TO DISABILITY COMPENSATION THAT DEATH OR DISABILITY MUST HAVE RESULTED FROM INJURY SUFFERED OR DISEASE CONTRACTED "WHEN EMPLOYED IN THE ACTIVE SERVICE UNDER THE WAR DEPARTMENT OR NAVY DEPARTMENT.' SEE ACTS OF MARCH 4, 1923, 42 STAT. 1522, AND JULY 2, 1926, 44 STAT. 793.

A MEMBER OF THE TRAINING CAMP ESTABLISHED AND MAINTAINED UNDER SECTION 47D OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 4, 1920, WAS NEITHER "ENLISTED, ENROLLED, OR DRAFTED INTO ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES" NOR "EMPLOYED IN THE ACTIVE SERVICE UNDER THE WAR DEPARTMENT OR NAVY DEPARTMENT" WITHIN THE MEANING OF SAID STATUTES. THERE WAS NO OBLIGATION ON SUCH MEMBERS TO ENTER THE ACTIVE MILITARY SERVICE AND THEY WERE NOT SUBJECT TO CALL TO MILITARY DUTY. THE WAR DEPARTMENT REPORTS THAT THE ONLY OBLIGATION ASSUMED BY SUCH STUDENTS WAS "THAT IF HE ELECTED TO TAKE THE COURSE IN THE RESERVE OFFICERS' TRAINING CORPS HE WAS REQUIRED TO COMPLETE THE COURSE AS A PREREQUISITE TO GRADUATION FROM THE INSTITUTION UNLESS RELIEVED BY THE PROFESSOR OF MILITARY SCIENCE AND TACTICS OF THAT INSTITUTION.' SEE ALSO SECTION 47C OF THE ACT OF JUNE 4, 1920.

HENCE, THE STATUS OF THIS MEMBER AND OTHER MEMBERS OF TRAINING CAMPS ESTABLISHED AND MAINTAINED UNDER SECTION 47D OF THE ACT OF JUNE 4, 1920, WAS THAT OF CIVILIAN AND NOT THAT OF MEMBERS OF THE ACTIVE MILITARY OR NAVAL FORCES. REFERENCE IS MADE TO SECTION 1 OF THE ACT OF JUNE 4, 1920, 41 STAT. 759, PROVIDING "THAT THE ARMY OF THE UNITED STATES SHALL CONSIST OF THE REGULAR ARMY, THE NATIONAL GUARD WHILE IN THE SERVICE OF THE UNITED STATES, AND THE ORGANIZED RESERVES, INCLUDING THE OFFICERS' RESERVE CORPS AND THE ENLISTED RESERVE CORPS.' THE STATUS OF THIS MAN AND OTHER MEMBERS OF SUCH TRAINING CAMPS DOES NOT FALL WITHIN ANY OF THE TERMS MENTIONED IN THIS STATUTE.

IT FOLLOWS, ALSO, THAT THE MEMBERS OF SUCH TRAINING CAMPS DID NOT SERVE DURING THE WORLD WAR, AND UNLESS VETERANS OF ANOTHER WAR, ARE NOT "VETERANS OF ANY WAR" WITHIN THE MEANING OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT, AS AMENDED BY THE ACT OF JULY 2, 1926, 44 STAT. 796, AUTHORIZING HOSPITALIZATION UNDER CERTAIN CONDITIONS.

YOU ARE ADVISED, THEREFORE, THAT UPON THE FACTS PRESENTED, CHARLES MEBANE FULLWOOD IS NOT ENTITLED TO THE BENEFITS OF DISABILITY COMPENSATION AND/OR HOSPITALIZATION UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT, AS AMENDED.

IT IS NOT UNDERSTOOD THAT THE STATUS OF TRAINING CAMPS ESTABLISHED AND MAINTAINED UNDER THE PROVISIONS OF SECTION 54 OF THE ACT OF JUNE 3, 1916, 39 STAT. 194, TO WHICH YOU REFER, WAS THE SAME AS TRAINING CAMPS ESTABLISHED AND MAINTAINED UNDER THE PROVISIONS OF SECTION 47D OF THE ACT OF JUNE 4, 1920, SUPRA. THIS DECISION IS NOT TO BE CONSIDERED AS DETERMINATIVE OF THE STATUS UNDER THE WORLD WAR VETERANS' ACT OF MEMBERS OF TRAINING CAMPS ESTABLISHED AND MAINTAINED UNDER SECTION 54 OF THE ACT OF JUNE 3, 1916, SUPRA. ..END :