A-29667, DECEMBER 6, 1929, 9 COMP. GEN. 236

A-29667: Dec 6, 1929

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WAS HOSPITALIZED FROM AUGUST 3 TO SEPTEMBER 11. HE IS ENTITLED TO PAY FOR THE 14 DAYS ONLY THAT HE WAS UNDER ORDERS FOR THE PERFORMANCE OF ACTIVE DUTY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF FOURTEEN DAYS. ON THAT DATE HE WILL PROCEED WITHOUT DELAY FROM HIS HOME AT THE PLACE INDICATED AFTER HIS NAME TO FORT WASHINGTON. HE WILL RANK FROM THE DATE SET OPPOSITE HIS NAME: SECOND LIEUTENANT IRVIN RAY BAKER (0-239761). HE WILL BE RELIEVED FROM DUTY IN TIME SO AS TO ENABLE HIM TO ARRIVE AT HIS HOME ON AUGUST 5. UPON WHICH DATE HE WILL REVERT TO INACTIVE STATUS. PAY AND ALLOWANCES ARE CHARGEABLE TO PROCUREMENT AUTHORITY FD 603 P 2717 A 3190-0. * * * IT APPEARS THAT LIEUTENANT BAKER REPORTED FOR ACTIVE DUTY AT FORT WASHINGTON PURSUANT TO THIS ORDER JULY 23.

A-29667, DECEMBER 6, 1929, 9 COMP. GEN. 236

PAY - ACTIVE DUTY - RESERVE OFFICER SICK IN HOSPITAL WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 14 DAYS, EFFECTIVE JULY 23, 1929, WAS HOSPITALIZED FROM AUGUST 3 TO SEPTEMBER 11, 1929, ON ACCOUNT OF SICKNESS RESULTING FROM A DISABILITY WHICH EXISTED PRIOR TO ACTIVE FEDERAL SERVICE NOT IN LINE OF DUTY, HE IS ENTITLED TO PAY FOR THE 14 DAYS ONLY THAT HE WAS UNDER ORDERS FOR THE PERFORMANCE OF ACTIVE DUTY.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, DECEMBER 6, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 19, 1929, FILE 2414 (BAKER, IRVIN RAY, NO. 0239761), REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. IRVIN R. BAKER, INFANTRY RESERVE CORPS, FOR THE PERIOD FROM AUGUST 3 TO SEPTEMBER 11, 1929, OR ANY PART THEREOF, WHILE SICK IN GOVERNMENT HOSPITALS.

SPECIAL ORDERS, NO. 174, HEADQUARTERS THIRD CORPS AREA, BALTIMORE, MD., DATED JULY 16, 1929, DIRECTED ACTIVE DUTY AS FOLLOWS:

19. BY DIRECTION OF THE PRESIDENT, EACH OF THE FOLLOWING RESERVE OFFICERS, INFANTRY RESERVE, IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF FOURTEEN DAYS, EFFECTIVE JULY 23, 1929. ON THAT DATE HE WILL PROCEED WITHOUT DELAY FROM HIS HOME AT THE PLACE INDICATED AFTER HIS NAME TO FORT WASHINGTON, MARYLAND, REPORTING IN PERSON UPON ARRIVAL TO THE COMMANDING OFFICER FOR TRAINING. HE WILL RANK FROM THE DATE SET OPPOSITE HIS NAME:

SECOND LIEUTENANT IRVIN RAY BAKER (0-239761), R.F.D., GETTYSBURG, PENNSYLVANIA, JULY 23, 1929.

IF NOT SOONER RELIEVED, HE WILL BE RELIEVED FROM DUTY IN TIME SO AS TO ENABLE HIM TO ARRIVE AT HIS HOME ON AUGUST 5, 1929, UPON WHICH DATE HE WILL REVERT TO INACTIVE STATUS. PAY AND ALLOWANCES ARE CHARGEABLE TO PROCUREMENT AUTHORITY FD 603 P 2717 A 3190-0. * * *

IT APPEARS THAT LIEUTENANT BAKER REPORTED FOR ACTIVE DUTY AT FORT WASHINGTON PURSUANT TO THIS ORDER JULY 23, 1929. WHILE ON ACTIVE DUTY HE RECEIVED HOSPITALIZATION, AS SHOWN BY REPORT OF OCTOBER 13, 1929, BY THE SURGEON, STATION HOSPITAL, FORT WASHINGTON, AS FOLLOWS:

1. IRVIN R. BAKER, 2ND LT., INFANTRY RESERVES, WAS ADMITTED TO THIS HOSPITAL AUGUST 2, 1929, AND WAS TRANSFERRED TO WALTER REED GENERAL HOSPITAL ON AUGUST 8, 1929, FOR OBSERVATION AND TREATMENT (SCIATICA, ACUTE, RIGHT, CAUSE UNDETERMINED). PAR. 1, S.O. 21, HG.FT. WASHINGTON, MD., AUGUST 8, 1929.

2. LT. BAKER WAS CARRIED IN LINE OF DUTY "YES" AT THIS HOSPITAL AND (AR 35-1440 DOES NOT APPLY). THE ILLNESS WAS NOT DUE TO OFFICER'S MISCONDUCT.

REPORT OF SEPTEMBER 11, 1929, AS SHOWN BY RECORDS OF WALTER REED GENERAL HOSPITAL, IS AS FOLLOWS:

1. THE RECORDS OF THIS HOSPITAL SHOW THE ADMISSION OF 2ND LIEUTENANT IRVIN R. BAKER, 316TH INFANTRY RESERVE (ON ACTIVE DUTY), AUGUST 8, 1929, FOR OBSERVATION AND TREATMENT FROM FORT WASHINGTON, MARYLAND. DIAGNOSIS: 1. OBSERVATION FOR SACROILIAC STRAIN, NOT FOUND. IN LINE OF DUTY. ARTHRITIS, CHRONIC, HYPERTROPHIC, MILD, BOTH SACROILIAC JOINTS. NOT IN LINE OF DUTY; EXISTED PRIOR TO ACTIVE FEDERAL SERVICE. 3. TONSILLITIS, CHRONIC, FOLLICULAR, BILATERAL. TONSILLECTOMY, AUGUST 23, 1929. NOT IN LINE OF DUTY; EXISTED PRIOR TO ACTIVE FEDERAL SERVICE. LIEUTENANT BAKER IS BEING DISCHARGED FROM HOSPITAL THIS DATE (SEPTEMBER 11, 1929).

YOU STATE THAT THE OFFICER HAS BEEN PAID FOR THE PERIOD JULY 23 TO AUGUST 2, 1929, 11 DAYS, AND THAT YOU ARE IN DOUBT WHETHER PAYMENT IS AUTHORIZED WHILE THE OFFICER WAS RECEIVING HOSPITAL TREATMENT, AND IF SO, WHETHER PAYMENT IS AUTHORIZED TO DATE OF TERMINATION OF THE PERIOD FOR WHICH HE WAS ORDERED TO ACTIVE DUTY, AUGUST 5, 1929, OR FOR THE ENTIRE PERIOD TO SEPTEMBER 11, 1929.

AUTHORITY OF LAW FOR ORDERING RESERVE OFFICERS TO ACTIVE DUTY FOR TRAINING IS CONTAINED IN SECTION 37A OF THE NATIONAL DEFENSE ACT, 41 STAT. 776, AND THE APPROPRIATION ACT PROVIDING FUNDS THEREFOR, 45 STAT. 1369, IS AS FOLLOWS:

OFFICERS' RESERVE CORPS: FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR NOT EXCEEDING FIFTEEN DAYS' TRAINING, $2,710,436; * * *

THE ACT OF APRIL 26, 1928, 45 STAT. 461, IS AS FOLLOWS:

* * * MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS * * * SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, WHEN HOSPITAL TREATMENT IS NECESSARY FOR APPROPRIATE TREATMENT OF SUCH INJURY OR DISEASE, BE ENTITLED TO HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AT GOVERNMENT EXPENSE, UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CAN NOT BE MATERIALLY IMPROVED BY FURTHER HOSPITAL TREATMENT, AND, DURING THE PERIOD OF HOSPITALIZATION, TO THE SAME PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED, AND TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE WHEN DISCHARGED FROM HOSPITAL; * * *

UNDER THE TERMS OF THE ACT LAST ABOVE QUOTED, PAY AND ALLOWANCES WHILE UNDERGOING HOSPITAL TREATMENT IS LIMITED TO A PERIOD OF SIX MONTHS AND IS AUTHORIZED WHERE DISEASE IS CONTRACTED "IN LINE OF DUTY.' THE MEDICAL REPORTS IN THIS CASE WOULD SEEM TO SHOW THAT THE OFFICER'S DISABILITY WAS NOT CONTRACTED WHILE HE WAS ON ACTIVE DUTY, BUT WAS DUE TO PHYSICAL CONDITIONS EXISTING PRIOR TO ACTIVE FEDERAL SERVICE. HE IS ACCORDINGLY NOT WITHIN THE PURVIEW OF THE STATUTE, AND PAY AND ALLOWANCES THEREUNDER ARE NOT AUTHORIZED. HOWEVER, THE ORDERS, ISSUED BY COMPETENT AUTHORITY, DIRECTED THE OFFICER TO REPORT FOR A PERIOD OF TRAINING LIMITED BY LAW, AND FIXED THE BEGINNING AND ENDING DATES THEREOF, UNLESS SOONER RELIEVED FROM SUCH ACTIVE DUTY BY COMPETENT AUTHORITY. HE CONTINUED UNDER MILITARY CONTROL FOR THE ENTIRE AUTHORIZED PERIOD, AND HIS SICKNESS DID NOT, UNDER THE CIRCUMSTANCES, TERMINATE THE PERIOD FOR WHICH HE WAS ORDERED TO ACTIVE DUTY, NOR DID IT EXTEND THE PERIOD OF ACTIVE DUTY BEYOND THE DATE DEFINITELY FIXED ON WHICH THE ACTIVE DUTY WAS TO TERMINATE. 2 COMP. GEN. 692; A-16752, DECEMBER 31, 1926; A-23734, SEPTEMBER 10, 1928. YOU ARE ACCORDINGLY ADVISED THAT PAYMENTS OF PAY AND ALLOWANCES IS AUTHORIZED ON THE VOUCHER FOR THE PERIOD FROM AUGUST 3 TO 5, INCLUSIVE, IF IT IS OTHERWISE CORRECT. THIS WILL COMPLETE PAYMENT OF PAY AND ALLOWANCES FOR 14 DAYS, THE PERIOD FOR WHICH HE WAS ORDERED TO ACTIVE DUTY FOR TRAINING.