A-26455, JULY 7, 1930, 10 COMP. GEN. 13

A-26455: Jul 7, 1930

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MEDICAL AND HOSPITAL TREATMENT - BURIAL EXPENSES - MEMBERS OF RESERVE OFFICERS' TRAINING CORPS NO PAYMENT IS AUTHORIZED ON ACCOUNT OF MEDICAL AND HOSPITAL TREATMENT IN THE CASE OF A MEMBER OF A RESERVE OFFICERS' TRAINING CORPS UNIT UNDERGOING TRAINING AT A CAMP OF INSTRUCTION UNDER THE PROVISIONS OF SECTIONS 47A AND 47D OF THE NATIONAL DEFENSE ACT. WHILE ABSENT FROM THE CAMP ON OVERNIGHT PASS WITH AUTHORITY TO PROCEED TO A PLACE 76 MILES DISTANT IS INJURED IN AN AUTOMOBILE ACCIDENT. ALTHOUGH PAYMENT IS AUTHORIZED IN SUCH CIRCUMSTANCES FOR BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME. FOR $65 AS REIMBURSEMENT OF EXPENDITURES ASSERTED TO HAVE BEEN MADE FOR HOSPITALIZATION AND MEDICAL SERVICES RENDERED TO THE DECEDENT IMMEDIATELY PRECEDING HIS DEATH.

A-26455, JULY 7, 1930, 10 COMP. GEN. 13

MEDICAL AND HOSPITAL TREATMENT - BURIAL EXPENSES - MEMBERS OF RESERVE OFFICERS' TRAINING CORPS NO PAYMENT IS AUTHORIZED ON ACCOUNT OF MEDICAL AND HOSPITAL TREATMENT IN THE CASE OF A MEMBER OF A RESERVE OFFICERS' TRAINING CORPS UNIT UNDERGOING TRAINING AT A CAMP OF INSTRUCTION UNDER THE PROVISIONS OF SECTIONS 47A AND 47D OF THE NATIONAL DEFENSE ACT, WHO, WHILE ABSENT FROM THE CAMP ON OVERNIGHT PASS WITH AUTHORITY TO PROCEED TO A PLACE 76 MILES DISTANT IS INJURED IN AN AUTOMOBILE ACCIDENT, FROM WHICH INJURIES DEATH RESULTED TWO DAYS LATER, ALTHOUGH PAYMENT IS AUTHORIZED IN SUCH CIRCUMSTANCES FOR BURIAL EXPENSES AND RETURN OF THE BODY TO HIS HOME, OF A SUM NOT TO EXCEED $100 AS MAY BE FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT.

COMPTROLLER GENERAL MCCARL TO COL. NATHAN K. AVERILL (RETIRED), UNITED STATES ARMY, JULY 7, 930:

THERE HAS BEEN PRESENTED YOUR APPLICATION FOR REVIEW OF SETTLEMENT NO. 0202158, MADE IN THIS OFFICE DECEMBER 3, 1928, ALLOWING YOU, AS PAYER OF THE FUNERAL EXPENSES OF YOUR LATE SON, NATHAN K. AVERILL, JR., MEMBER FIELD ARTILLERY, RESERVE OFFICERS' TRAINING CORPS, UNIT OF PRINCETON UNIVERSITY, PRINCETON, N.J., THE COMPENSATION DUE HIM AT DATE OF HIS DEATH, JULY 24, 1927, IN THE SUM OF $16.80 AND DISALLOWING YOUR CLAIMS FOR $100, AS PARTIAL REIMBURSEMENT OF THE BURIAL EXPENSES INCURRED, AND FOR $65 AS REIMBURSEMENT OF EXPENDITURES ASSERTED TO HAVE BEEN MADE FOR HOSPITALIZATION AND MEDICAL SERVICES RENDERED TO THE DECEDENT IMMEDIATELY PRECEDING HIS DEATH.

UNDER PRINCETON UNIVERSITY, FIELD ARTILLERY, RESERVE OFFICERS' TRAINING CORPS, UNIT SPECIAL ORDERS, NO. 12, DATED JUNE 6, 1927, AND PURSUANT TO AUTHORITY CONTAINED IN TRAINING CIRCULAR NO. 2, HEADQUARTERS SECOND CORPS AREA, PARAGRAPH 7A, SECTION 7, DATED MARCH 14, 1927, AND PARAGRAPH 36,AR 145-30, YOUR SON WAS ORDERED TO REPORT JUNE 17, 1927, TO THE COMMANDING OFFICER, RESERVE OFFICERS' TRAINING CORPS CAMP, MADISON BARRACKS, N.Y., FOR TEMPORARY DUTY, WHICH INSTRUCTION AND TRAINING CAMP WAS MAINTAINED UNDER THE PROVISIONS OF SECTIONS 47A AND 47D OF THE NATIONAL DEFENSE ACT AS AMENDED BY SECTION 34 OF THE ACT OF JUNE 4, 1920 (41 STAT. 777). SECTION 6 OF THE ACT OF MARCH 4, 1923 (42 STAT. 1508), AS AMENDED BY SECTION 4, ACT OF JUNE 3, 1924 (43 STAT. 363), PROVIDES WITH RESPECT TO MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ATTENDING SUCH CAMPS OF INSTRUCTIONS, AS FOLLOWS:

* * * MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS AND MEMBERS OF THE CIVILIAN MILITARY TRAINING CAMPS INJURED IN LINE OF DUTY WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTIONS 47A AND 47D OF SAID NATIONAL DEFENSE ACT, AS AMENDED, SHALL BE ENTITLED TO MEDICAL AND HOSPITAL TREATMENT * * * UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE. THE DEATH OF ANY PERSON MENTIONED HEREIN OCCURS WHILE HE IS UNDERGOING THE TRAINING OR MEDICAL AND HOSPITAL TREATMENT CONTEMPLATED IN THIS SECTION, THE UNITED STATES SHALL PAY FOR BURIAL EXPENSES AND THE RETURN OF THE BODY TO HIS HOME A SUM NOT TO EXCEED $100, AS MAY BE FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT.

THE WAR DEPARTMENT APPROPRIATION ACT OF APRIL 15, 1926 (44 STAT. 254, 284), MAKING AVAILABLE APPROPRIATIONS FOR THE PERIOD COVERED BY YOUR CLAIM, PROVIDES:

* * * FOR MEDICAL AND HOSPITAL TREATMENT, * * * OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS INJURED IN LINE OF DUTY WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTION 47A AND SECTION 47D OF THE NATIONAL DEFENSE ACT * * * AND FOR THE COST OF PREPARATION AND TRANSPORTATION TO THEIR HOMES AND BURIAL EXPENSES OF THE REMAINS OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS WHO DIE WHILE ATTENDING CAMPS OF INSTRUCTION AS PROVIDED IN SECTION 4 OF THE ACT APPROVED JUNE 3, 1924 * * * PROVIDED * * * THAT NONE OF THE FUNDS APPROPRIATED ELSEWHERE IN THIS ACT EXCEPT FOR PRINTING AND BINDING, SHALL BE USED FOR EXPENSES IN CONNECTION WITH THE RESERVE OFFICERS' TRAINING CORPS * * *.

THE OFFICIAL REPORTS INDICATE YOUR SON WAS GRANTED A PASS FROM MADISON BARRACKS AFTER THE LAST DRILL IN THE AFTERNOON OF JULY 21, 1927, TO BE ABSENT UNTIL REVEILLE THE NEXT MORNING, WITH PERMISSION TO VISIT OGDENSBURG, N.Y., 76 MILES DISTANT; THAT WHILE RIDING IN AN AUTOMOBILE WITH TWO OTHER STUDENTS DURING THE NIGHT OR EARLY MORNING OF JULY 21-22, 1927, HAVING THEN PROCEEDED ABOUT 10 MILES FROM OGDENSBURG ON THE RETURN TRIP, TO THE VICINITY OF MORRISTOWN, N.Y., 66 MILES FROM MADISON BARRACKS, AN ACCIDENT OCCURRED RESULTING IN SERIOUS INJURIES TO YOUR SON; THAT HE WAS TAKEN TO A HOSPITAL AT OGDENSBURG, WHERE HIS DEATH OCCURRED IN THE EARLY MORNING OF JULY 24, 1927. THE BOARD OF OFFICERS WHO INVESTIGATED THE CIRCUMSTANCES OF THE ACCIDENT FOUND THE DEATH WAS NOT DUE TO HIS OWN MISCONDUCT. THE REMAINS WERE PREPARED FOR SHIPMENT, TRANSPORTED TO YOUR HOME AT LAKE MAHOPAC, AND THERE INTERRED AT YOUR EXPENSE.

UNDER THE CONTROLLING GENERAL STATUTE AND THE APPROPRIATION AVAILABLE AT THE TIME, MEDICAL AND HOSPITAL TREATMENT WERE AUTHORIZED TO BE FURNISHED MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ATTENDING SUMMER TRAINING CAMPS ONLY WHEN INJURED IN LINE OF DUTY WHILE AT CAMP OF INSTRUCTION. THE DECEDENT WAS NOT INJURED WHILE AT A CAMP OF INSTRUCTION, BUT THE INJURIES RESULTING IN HIS DEATH OCCURRED WHILE, AT HIS OWN REQUEST, HE WAS EXCUSED FROM ALL CAMP DUTIES AND WHILE HE WAS VOLUNTARILY ENGAGED ON A MATTER ENTIRELY OF HIS OWN UNDERTAKING FOR HIS OWN PLEASURE AND PURPOSES AT A PLACE SO FAR REMOVED FROM THE TRAINING CAMP THAT THE MEDICAL AND HOSPITAL FACILITIES AUTHORIZED TO BE PROVIDED BY THE GOVERNMENT TO THOSE INJURED IN LINE OF DUTY WHILE AT CAMP WERE NOT AVAILABLE TO HIM. HAVING THUS REMOVED HIMSELF FROM HIS TRAINING-CAMP DUTIES AND FROM THE GOVERNMENT MEDICAL AND HOSPITAL FACILITIES THE GOVERNMENT UNDER THE CITED STATUTE COULD NOT BE OBLIGATED TO PAY FOR THE CIVILIAN MEDICAL AND HOSPITAL SERVICES SECURED ON BEHALF OF THE DECEDENT AT OGDENSBURG. ASIDE, THEREFORE, FROM THE FACT THERE HAVE NOT BEEN FURNISHED ITEMIZED AND RECEIPTED BILLS SHOWING THE SERVICES RENDERED THE DECEDENT, THE ACTION DISALLOWING YOUR CLAIM FOR $65 AS REIMBURSEMENT OF EXPENSES ASSERTED TO HAVE BEEN INCURRED IN THAT CONNECTION WAS CORRECT AND WILL NOT BE MODIFIED. 1 COMP. GEN. 440; DECISION A-14135 OF MAY 15, 1928; DECISION A-23632 OF JULY 30, 1928; DECISION A-32005 OF JUNE 14, 1930.

IT APPEARING FROM ITEMIZED RECEIPTED BILLS THAT YOU EXPENDED IN EXCESS OF $400 FOR BURIAL CASKET, PREPARATION OF REMAINS FOR INTERMENT, AND TRANSPORTATION THEREOF TO DECEDENT'S HOME, THERE IS AUTHORIZED TO BE PAID YOU THE SUM OF $100 UNDER THE CITED STATUTES AND ARMY REGULATIONS NO. 35- 1520, DATED DECEMBER 15, 1924, PARAGRAPH 1C. (DECISION A-25285 OF DECEMBER 12, 1928.) THE SETTLEMENT OF DECEMBER 3, 1928, ACCORDINGLY IS MODIFIED TO THAT EXTENT AND SUPPLEMENTAL CERTIFICATE WILL ISSUE IN DUE COURSE CERTIFYING SAID AMOUNT OF $100 FOR PAYMENT TO YOU.