A-28602, SEPTEMBER 20, 1929, 9 COMP. GEN. 132

A-28602: Sep 20, 1929

Additional Materials:

Contact:

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

 

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

NOR THEIR FAMILIES ARE ENTITLED TO MEDICAL AND HOSPITAL TREATMENT IN THE ARMY HOSPITALS OR BY ARMY MEDICAL OFFICERS AS A "PRIVILEGE" OF OFFICERS OF THE REGULAR ARMY RETIRED FOR PHYSICAL DISABILITY. " IS NOT AVAILABLE FOR THE PAYMENT OF THE COST OF TREATMENT OF THE FAMILIES OF FORMER EMERGENCY OFFICERS OF THE WORLD WAR RETIRED UNDER THE ACT OF MAY 24. AS FOLLOWS: I HAVE THE HONOR TO SUBMIT FOR YOUR CONSIDERATION A QUESTION CONCERNING THE CASE OF ALEXANDER M. WHO IS NOW IN RECEIPT OF RETIRED PAY UNDER THE PROVISIONS OF THAT ACT WITH THE RANK OF CAPTAIN. REQUESTED THE HOSPITALIZATION OF HIS WIFE AT WALTER REED HOSPITAL IN THE FOLLOWING LANGUAGE: "REQUEST IS HEREWITH MADE FOR THE HOSPITALIZATION OF MY WIFE.

A-28602, SEPTEMBER 20, 1929, 9 COMP. GEN. 132

MEDICAL TREATMENT - ARMY HOSPITALS - RETIRED EMERGENCY OFFICERS AND THEIR FAMILIES NEITHER FORMER EMERGENCY OFFICERS OF THE WORLD WAR RETIRED UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, NOR THEIR FAMILIES ARE ENTITLED TO MEDICAL AND HOSPITAL TREATMENT IN THE ARMY HOSPITALS OR BY ARMY MEDICAL OFFICERS AS A "PRIVILEGE" OF OFFICERS OF THE REGULAR ARMY RETIRED FOR PHYSICAL DISABILITY. THE APPROPRIATION UNDER "MEDICAL AND HOSPITAL SERVICES, VETERANS' BUREAU, 1930," IS NOT AVAILABLE FOR THE PAYMENT OF THE COST OF TREATMENT OF THE FAMILIES OF FORMER EMERGENCY OFFICERS OF THE WORLD WAR RETIRED UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, SEPTEMBER 20, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 4, 1929, AS FOLLOWS:

I HAVE THE HONOR TO SUBMIT FOR YOUR CONSIDERATION A QUESTION CONCERNING THE CASE OF ALEXANDER M. LOCHWITZKY, C-1,042,407, WHOSE NAME HAS BEEN ENTERED ON THE APPROPRIATE EMERGENCY OFFICERS' RETIRED LIST UNDER PUBLIC 506, 70TH CONGRESS, AND WHO IS NOW IN RECEIPT OF RETIRED PAY UNDER THE PROVISIONS OF THAT ACT WITH THE RANK OF CAPTAIN.

UNDER DATE OF JULY 23, 1929, CAPTAIN LOCHWITZKY, IN A COMMUNICATION TO ME, REQUESTED THE HOSPITALIZATION OF HIS WIFE AT WALTER REED HOSPITAL IN THE FOLLOWING LANGUAGE:

"REQUEST IS HEREWITH MADE FOR THE HOSPITALIZATION OF MY WIFE, ANTOINETTE LOCHWITZKY, AS THE WIFE OF A RETIRED ARMY OFFICER, AT WALTER REED HOSPITAL.

"THIS IS A DESPERATE EMERGENCY CASE; AND HER TREATMENT AT CIVILIAN HOSPITALS IN RECENT MONTHS HAS NOT MATERIALLY BENEFITED HER CONDITION. HAVE LEARNED THAT ATTACHED TO THE MEDICAL STAFF OF THE WALTER REED HOSPITAL IS A DOCTOR EMINENT PROFESSIONALLY AS A DIAGNOSTICIAN OF GASTRIC MALADIES.

"MRS. LOCHWITZKY SERVED AS A VOLUNTEER NURSE WITH THE ARMY RED CROSS AT FORT SAM HOUSTON, TEXAS, AND OVER THE MEXICAN BORDER, DURING THE LATE WORLD WAR.

"IT IS BELIEVED THAT SHE IS ENTITLED TO RECEIVE DIAGNOSTIC OBSERVATION AS THE WIFE OF A RETIRED OFFICER OF THE ARMY, I HAVING BEEN PLACED ON THE SEPARATE LIST OF EMERGENCY OFFICERS, RETIRED, BY ACT OF CONGRESS DATED MAY 24, 1928, WHICH IN PART PROVIDES:

" "* * * SHALL BE ENTITLED TO THE SAME PRIVILEGES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATIONS FOR THE OFFICERS OF THE REGULAR ARMY, NAVY, OR MARINE CORPS, WHO HAVE BEEN RETIRED FOR PHYSICAL DISABILITY INCURRED IN THE LINE OF DUTY.'

"IN VIEW OF THE VERY SERIOUS AND EMERGENT CONDITIONS, IT IS EARNESTLY REQUESTED THAT THIS APPEAL FOR THE HOSPITALIZED OBSERVATION AND DIAGNOSIS OF MY WIFE'S AILMENTS AT THE WATER REED HOSPITAL MAY BE GRANTED.'

UPON RECEIPT OF THAT COMMUNICATION I ADDRESSED A LETTER TO THE SECRETARY OF WAR, INQUIRING IF THE WAR DEPARTMENT WOULD FURNISH MEDICAL TREATMENT AND HOSPITALIZATION FOR THE WIFE OF THIS RETIRED EMERGENCY OFFICER, AND IN REPLY THERETO I RECEIVED THE FOLLOWING COMMUNICATION:

"YOUR LETTER OF THE 25TH INSTANT IS AT HAND CONCERNING THE ADMISSION TO WALTER REED GENERAL HOSPITAL OF THE WIFE OF CAPTAIN ALEXANDER M. LOCHWITZKY, RETIRED EMERGENCY OFFICER.

"AFTER THE PASSAGE OF THE ACT OF MAY 24, 1928, ESTABLISHING THE EMERGENCY OFFICERS' RETIRED LIST, THE QUESTION OF THE RESPONSIBILITY DEVOLVED THEREBY UPON THE WAR DEPARTMENT, PARTICULARLY IN REGARD TO MEDICAL RELIEF, RECEIVED VERY THOROUGH AND CAREFUL CONSIDERATION, AND THE CONCLUSION WAS REACHED AND ANNOUNCED TO THE MEDICAL SERVICE OF THE ARMY THAT THE MEDICAL DEPARTMENT MAY NOT FURNISH MEDICAL TREATMENT OR HOSPITALIZATION TO ANY OF THE BENEFICIARIES OF THE LAW IN QUESTION EXCEPT UPON THE REQUEST OF THE VETERANS' BUREAU.

"THE DEPARTMENT HAS BEEN CONSTRAINED, THEREFORE, TO ADVISE CAPTAIN LOCHWITZKY, AND OTHER OFFICERS OF THE SAME CATEGORY, THAT IT COULD NOT UNDERTAKE THE ADMISSION OR CARE OF THEIR WIVES.'

IT WILL BE OBSERVED FROM THE FOREGOING THAT THE WAR DEPARTMENT HAS REFUSED TO FURNISH MEDICAL TREATMENT OR HOSPITALIZATION TO ANY OF THE BENEFICIARIES OF THE EMERGENCY OFFICERS' RETIREMENT ACT, PUBLIC 506, 70TH CONGRESS, EXCEPT UPON REQUEST OF THE VETERANS' BUREAU AND PRESUMABLY AT THE BUREAU'S EXPENSE.

THE RETIREMENT ACT, SUPRA, PROVIDES, INTER ALIA, THAT THOSE OFFICERS WHO ARE RETIRED WITH NOT LESS THAN 30 PERCENTUM PERMANENT DISABILITY: "SHALL BE ENTITLED TO THE SAME PRIVILEGES AS ARE NOT OR MAY HEREAFTER BE PROVIDED FOR BY LAW OR REGULATIONS FOR OFFICERS OF THE REGULAR ARMY, NAVY, OR MARINE CORPS WHO HAVE BEEN RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY, AND SHALL BE ENTITLED TO ALL HOSPITALIZATION PRIVILEGES AND MEDICAL TREATMENT AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY THE UNITED STATES VETERANS' BUREAU, AND SHALL RECEIVE FROM DATE OF RECEIPT OF THEIR APPLICATION RETIRED PAY AT THE RATE OF 75 PERCENTUM OF THE PAY TO WHICH THEY WERE ENTITLED AT THE TIME OF THEIR DISCHARGE FROM THEIR COMMISSIONED SERVICE, EXCEPT PAY UNDER THE ACT OF MAY 18, 920: PROVIDED, THAT ALL PAY AND ALLOWANCES TO WHICH SUCH PERSONS OR OFFICERS MAY BE ENTITLED UNDER THE PROVISIONS OF THIS LAW SHALL BE PAID SOLELY OUT OF THE MILITARY AND NAVAL COMPENSATION APPROPRIATION FUND OF THE UNITED STATES VETERANS' BUREAU, AND SHALL BE IN LIEU OF ALL DISABILITY COMPENSATION BENEFITS TO SUCH OFFICER OR PERSONS PROVIDED IN THE WORLD WAR VETERANS' ACT, 1924, AND AMENDMENTS THERETO EXCEPT AS OTHERWISE AUTHORIZED HEREIN, AND EXCEPT AS PROVIDED BY THE ACT OF DECEMBER 18, 1922 * * *.'

AND THAT THOSE OFFICER RETIRED WITH DISABILITY RATED LESS THAN 30 PERCENTUM AND MORE THAN 10 PERCENTUM---

"SHALL BE ENTITLED ONLY TO SUCH COMPENSATION AND OTHER BENEFITS AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATIONS OF THE UNITED STATES VETERANS' BUREAU, TOGETHER WITH ALL PRIVILEGES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATIONS FOR OFFICERS OF THE REGULAR ARMY, NAVY OR MARINE CORPS WHO HAVE BEEN RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY * * "

THE WAR DEPARTMENT EXTENDS TO A RETIRED OFFICER OF THE REGULAR SERVICE UNDER ARMY REGULATIONS 40-590, PARAGRAPH 6, THE PRIVILEGE OF HAVING MEMBERS OF HIS IMMEDIATE FAMILY REQUIRING HOSPITAL TREATMENT ADMITTED TO ARMY HOSPITALS WITH SUITABLE ACCOMMODATIONS FOR THEIR CARE ARE AVAILABLE. THERE ARE, OF COURSE, OTHER PRIVILEGES TO WHICH THEY ARE ENTITLED BY VIRTUE OF LAW AND REGULATION. THE SECRETARY OF WAR HAVING ADVISED ME THAT THE WAR DEPARTMENT HAS REFUSED TO EXTEND ANY OF THE PRIVILEGES TO THE MEMBERS OF THE IMMEDIATE FAMILY OF A RETIRED EMERGENCY OFFICER, OR TO THE OFFICER HIMSELF, EXCEPT UPON REQUEST OF THE VETERANS' BUREAU, A QUESTION HAS ARISEN AS TO WHETHER THIS BUREAU HAS AUTHORITY TO OMIT PAY FOR THE EXTENSION OF SUCH PRIVILEGES AS MAY BE GRANTED TO A MEMBER OF THE IMMEDIATE FAMILY OF SUCH OFFICER OUT OF FUNDS APPROPRIATED FOR ITS USE. THE BUREAU CAN PROVIDE FOR THE MEDICAL TREATMENT OR HOSPITALIZATION OF THE RETIRED EMERGENCY OFFICER, NOT AS SUCH BUT AS A VETERAN, UNDER THE PROVISIONS OF THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED. IT WILL BE OBSERVED THAT THE ACT UNDER WHICH THESE OFFICERS ARE RETIRED PROVIDES "THAT ALL PAY AND ALLOWANCES TO WHICH SUCH PERSONS OR OFFICERS MAY BE ENTITLED UNDER THE PROVISIONS OF THIS LAW SHALL BE PAID SOLELY OUT OF THE MILITARY AND NAVAL COMPENSATION APPROPRIATION FUND OF THE UNITED STATES VETERANS' BUREAU. * * *.' FURTHERMORE, SENATE REPORT 115, WHICH ACCOMPANIED SENATE BILL 777, WHICH WAS ENACTED INTO LAW VIRTUALLY AS THEN WRITTEN, READS IN PART AS FOLLOWS:

"THE BILL PROVIDES THAT THE ACT BE ADMINISTERED BY THE VETERANS' BUREAU, WHICH HAS THE MEDICAL RECORDS OF THE BENEFICIARIES. THE BUREAU WILL LIKEWISE BE CHARGED WITH THE FUNDS, RELIEVING THE WAR DEPARTMENT IN THIS CONNECTION. APPLICATION FOR RETIREMENT SHALL BE MADE WITHIN ONE YEAR FROM THE APPROVAL OF THIS ACT. THESE PROVISIONS REMOVE OBJECTIONS TO THE LEGISLATION WHICH, PRIOR TO THEIR INCLUSION IN THE MEASURE, THE WAR DEPARTMENT DID NOT FAVOR.'

IN CONNECTION WITH THE QUESTION CONCERNING THE MEDICAL CARE OR HOSPITALIZATION OF A MEMBER OF THE IMMEDIATE FAMILY OF A RETIRED EMERGENCY OFFICER, THERE ARISE THE QUESTIONS AS TO WHAT CONSTITUTES OTHER PRIVILEGES OR ALLOWANCES PROVIDED FOR IN THE ACT UNDER WHICH THESE OFFICERS ARE RETIRED. IT SEEMS UNNECESSARY TO MENTION IN DETAIL JUST WHAT THESE PRIVILEGES ARE SINCE, EXCEPT THOSE THAT ARE FIXED BY LAW,THEY MAY BE ENLARGED OR CURTAILED AT THE DISCRETION OF THE DEPARTMENT WHICH GRANTS THEM. NEVERTHELESS, THAT PHASE OF THE MATTER IS LIKEWISE PRESENTED FOR YOUR CONSIDERATION AND ADVICE.

YOU ARE, THEREFORE, REQUESTED TO ADVISE ME IF, IN YOUR OPINION, THE MILITARY AND NAVAL COMPENSATION APPROPRIATION FUND OF THE UNITED STATES VETERANS' BUREAU MAY BE USED IN PAYMENT OF ANY EXPENSES NECESSARY TO GRANT RETIRED EMERGENCY OFFICERS OR MEMBERS OF THEIR IMMEDIATE FAMILIES SUCH PRIVILEGES AS ARE NOW ENJOYED THROUGH LAW OR REGULATION BY OFFICERS OF THE REGULAR ARMY, NAVY OR MARINE CORPS WHO HAVE BEEN RETIRED FOR PHYSICAL DISABILITIES INCURRED IN LINE OF DUTY.

ARMY REGULATIONS 40-590, PARAGRAPH 6, DESCRIBE THE PERSONS WHO MAY BE ADMITTED TO ARMY HOSPITALS AND UNDER SUBPARAGRAPH (B) (5) INCLUDE:

MEMBERS OF THE IMMEDIATE FAMILIES OF OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN REQUIRING HOSPITAL TREATMENT OR ISOLATION WHEN SUITABLE ACCOMMODATIONS FOR THEIR CARE ARE AVAILABLE.

PARAGRAPH 12 OF THE CITED REGULATIONS ESTABLISH THE RATE FOR SUBSISTENCE TO BE COLLECTED FROM PATIENTS WHO ARE NOT ENTITLED TO AN ARMY RATION, AND BY PARAGRAPH 17 (C) ESTABLISHES THE RATE TO BE CHARGED FOR MEDICINES AND MEDICAL SUPPLIES FURNISHED PATIENTS WHO ARE NOT, BY REASON OF AN ARMY STATUS, ENTITLED TO MEDICAL TREATMENT, INCLUDING IN BOTH CASES THE IMMEDIATE FAMILIES OF OFFICERS AND ENLISTED MEN WHO MAY BE TREATED "WHEN SUITABLE ACCOMMODATIONS FOR THEIR CARE ARE AVAILABLE.' THE AUTHORITY FOR THIS PROVISION OF REGULATIONS IS FOUND IN THE ARMY APPROPRIATION ACT OF JULY 5, 1884, FOR THE FISCAL YEAR 1885 UNDER "MEDICAL DEPARTMENT," 23 STAT. 111 AND 112, AS FOLLOWS:

* * * THAT OFFICERS OF THE MEDICAL DEPARTMENT SHALL TAKE RANK AND PRECEDENCE IN ACCORDANCE WITH DATE OF COMMISSION OR APPOINTMENT, AND SHALL BE SO BORNE ON THE OFFICIAL ARMY REGISTER: PROVIDED, THAT THE MEDICAL OFFICERS OF THE ARMY AND CONTRACT SURGEONS SHALL WHENEVER PRACTICABLE ATTEND THE FAMILIES OF THE OFFICERS AND SOLDIERS FREE OF CHARGE.

THE PROVISO IN THE FOREGOING ACT HAS BEEN CARRIED INTO THE UNITED STATES CODE AS SECTION 96 OF TITLE 10. AT THE TIME OF THE ENACTMENT OF THE PROVISION A SUBSTANTIAL PART OF THE ARMY WAS STATIONED ON THE THEN UNDEVELOPED INDIAN FRONTIER. IT SEEMS TO HAVE BEEN ENACTED TO FORESTALL POSSIBLE CRITICISM OF OFFICERS AND SOLDIERS WHO MIGHT SECURE FOR THEIR FAMILIES FREE OF CHARGE THE BENEFITS OF THE MEDICAL SERVICE PROVIDED FOR THEMSELVES BY THE UNITED STATES, AND WHICH, IN MANY CASES, WAS THE ONLY MEDICAL SERVICE PRACTICALLY AVAILABLE AT MANY ARMY STATIONS. IT GIVES THE OFFICER OR THE SOLDIER NO ENFORCEABLE RIGHTS AND LEAVES WITH THE SECRETARY OF WAR AND THE RESPONSIBLE OFFICERS UNDER HIM THE FINAL DETERMINATION OF WHEN AND IN WHAT CIRCUMSTANCE IT IS PRACTICABLE FOR MEDICAL OFFICERS TO ATTEND THE FAMILIES OF OFFICERS AND SOLDIERS. IN ANY CASE WHERE THE SECRETARY OF WAR HAS FOUND IT IS NOT PRACTICABLE FOR MEDICAL OFFICERS OF THE ARMY TO ATTEND FAMILIES OF OFFICERS AND ENLISTED MEN, SUCH OFFICERS AND ENLISTED MEN ARE NOT ENTITLED TO MEDICAL SERVICES AT THE EXPENSE OF THE UNITED STATES FOR THEIR FAMILIES. THIS IS ALL THAT THE REGULATIONS PROVIDE, AND WHILE, WHEN SUCH FACILITIES ARE AVAILABLE,THE PROVISION OF THE REGULATION MAY CONSTITUTE A PRIVILEGE OF THE OFFICER, HE HAS NO SUCH PRIVILEGE WHEN, IN THE OPINION OF THE SECRETARY OF WAR, IT IS NOT PRACTICABLE TO FURNISH SUCH SERVICES.

SECTION 10 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 2, 1926, 44 STAT. 790, PROVIDED THAT THE DIRECTOR OF THE VETERANS' BUREAU SHALL BE RESPONSIBLE FOR THE PROPER MEDICAL CARE, TREATMENT, HOSPITALIZATION, ETC., AS MAY BE NECESSARY IN CARRYING OUT THE PROVISIONS OF THE ACT, AND SECTION 202 (6) OF THE ACT, AS AMENDED MARCH 4, 1925, 43 STAT. 1306 PROVIDES:

IN ADDITION TO THE COMPENSATION ABOVE PROVIDED THE INJURED PERSON SHALL BE FURNISHED BY THE UNITED STATES VETERANS' BUREAU SUCH REASONABLE GOVERNMENTAL CARE OR MEDICAL, SURGICAL, DENTAL AND HOSPITAL SERVICES * *

THE PROVISION FOR COMPENSATION IN SECTION 202 AND FOR MEDICAL, SURGICAL, AND HOSPITAL CARE CONTAINED IN SECTION 202 (6) IS APPLICABLE ONLY TO THE PERSONS DESCRIBED IN SECTION 200 OF THE CT; THAT IS, PERSONS WHO WERE DISABLED IN THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES DURING THE INTERIM APRIL 6, 1917, TO JULY 2, 1921, AND THE APPROPRIATION UNDER "MEDICAL AND HOSPITAL SERVICES" FOR THE VETERANS' BUREAU, CURRENTLY, ACT OF FEBRUARY 20, 1929, 45 STAT. 1246, IS AVAILABLE FOR THE MEDICAL CARE AND TREATMENT ONLY OF SUCH PERSONS AS ARE AUTHORIZED TO BE TREATED BY THE VETERANS' BUREAU IN THE WORLD WAR VETERANS' ACT AS AMENDED. THE MEMBERS OF THE FAMILIES OF BENEFICIARIES OF THE VETERANS' BUREAU ARE NOT FOUND TO BE INCLUDED AMONG THOSE FOR WHOM MEDICAL, SURGICAL, AND HOSPITAL TREATMENT IS PROVIDED UNDER THE WORLD WAR VETERANS' ACT AS AMENDED. YOU ARE ACCORDINGLY INFORMED THAT THE APPROPRIATIONS FOR THE VETERANS' BUREAU ARE NOT AVAILABLE FOR THE PAYMENT OF MEDICAL CARE AND TREATMENT OF THE FAMILIES OF FORMER EMERGENCY OFFICERS WHO HAVE BEEN PLACED ON THE RETIRED LIST CREATED BY THE ACT OF MAY 24, 1928, 45 STAT. 735. YOUR LETTER SUGGESTS, ALSO, THE QUESTION WHETHER THE DENIAL OF TREATMENT IN ARMY HOSPITALS, EXCEPT AS BENEFICIARIES OF THE VETERANS' BUREAU, OF RETIRED EMERGENCY OFFICERS IS A DENIAL OF A PRIVILEGE. AN EXAMINATION OF THE ARMY REGULATIONS AND THE LEGISLATION FOR THE ARMY SHOWS THAT OFFICERS, ACTIVE OR RETIRED, ADMITTED TO AN ARMY HOSPITAL ARE REQUIRED TO PAY FOR THEIR SUBSISTENCE. THE SUBSISTENCE EXPENSE OF FORMER EMERGENCY OFFICERS ADMITTED TO ARMY HOSPITALS AS VETERANS' BUREAU BENEFICIARIES IS INCLUDED IN CONNECTION WITH THE CHARGE FOR THEIR CARE AND TREATMENT AND IS PAID UNDER THE VETERANS' BUREAU APPROPRIATION AND INSISTENCE UPON THE RIGHT OF ADMISSION TO ARMY HOSPITALS AS A PRIVILEGE GRANTED TO OFFICERS OF THE REGULAR ESTABLISHMENT RETIRED FOR PHYSICAL DISABILITY WOULD BE AN INSISTENCE UPON THE PRIVILEGE OF PAYING FOR HIS SUBSISTENCE WHERE THE SAME TREATMENT MIGHT BE SECURED THROUGH THE VETERANS' BUREAU WITHOUT SUCH CHARGE AGAINST THE OFFICER. BUT, INDEPENDENTLY OF THAT, I AM OF OPINION THAT MEDICAL TREATMENT IN AN ARMY HOSPITAL IS NOT ONE OF THE PRIVILEGES ACCRUING TO A RETIRED EMERGENCY OFFICER AS THE ACT OF MAY 24, 1928, AFTER MAKING PROVISION FOR THE SAME PRIVILEGES AS ARE OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATION FOR OFFICERS OF THE REGULAR ESTABLISHMENT RETIRED FOR PHYSICAL DISABILITY, MAKES SPECIFIC PROVISION FOR THE MEDICAL CARE AND TREATMENT OF THE EMERGENCY OFFICERS RETIRED UNDER THE PROVISIONS OF THAT ACT IN THE FOLLOWING LANGUAGE:

* * * AND SHALL BE ENTITLED TO ALL HOSPITALIZATION PRIVILEGES AND MEDICAL TREATMENT AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED BY THE UNITED STATES VETERANS' BUREAU. * * *

THIS PROVISION BEING A SPECIFIC PROVISION FOR MEDICAL TREATMENT AND INCIDENTALLY BEING MUCH MORE BENEFICIAL TO THE RETIRED EMERGENCY OFFICERS THAN THE PROVISION MADE FOR HOSPITAL AND MEDICAL TREATMENT FOR A RETIRED OFFICER OF THE REGULAR ESTABLISHMENT, IT IS OBVIOUS MEDICAL TREATMENT IS NOT INCLUDED AS ONE OF THE PRIVILEGES INTENDED TO BE EXTENDED TO RETIRED EMERGENCY OFFICERS AS A PRIVILEGE ACCRUING TO OFFICERS OF THE REGULAR ESTABLISHMENT RETIRED FOR PHYSICAL DISABILITY.