A-29981, FEBRUARY 6, 1930, 9 COMP. GEN. 342

A-29981: Feb 6, 1930

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PAY - SUBSISTENCE EXPENSES - MEMBER OF RESERVE OFFICERS' TRAINING CORPS WHERE A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WAS FOUND PHYSICALLY DISQUALIFIED BECAUSE OF DEFECTIVE VISION FOR A COMMISSION IN THE OFFICERS' RESERVE CORPS AND WAS DISCHARGED FROM THE ADVANCED TRAINING CAMP JULY 1. DURING WHICH TIME HE WAS PERMITTED TO ATTEND THE CAMP AT HIS OWN EXPENSE. WAS NOT IN A TRAINING STATUS UNDER ANY OBLIGATION ASSUMED BY THE UNITED STATES. REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE TWO VOUCHERS SUBMITTED THEREWITH IN FAVOR OF JOHN L. YOU STATE THAT YOU ARE IN DOUBT AS TO WHETHER PAYMENT OF THE VOUCHERS IS AUTHORIZED IN VIEW OF 8 COMP. ON WHICH DATE HE WAS DISCHARGED.

A-29981, FEBRUARY 6, 1930, 9 COMP. GEN. 342

PAY - SUBSISTENCE EXPENSES - MEMBER OF RESERVE OFFICERS' TRAINING CORPS WHERE A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WAS FOUND PHYSICALLY DISQUALIFIED BECAUSE OF DEFECTIVE VISION FOR A COMMISSION IN THE OFFICERS' RESERVE CORPS AND WAS DISCHARGED FROM THE ADVANCED TRAINING CAMP JULY 1, 1929, HIS REINSTATEMENT IN THE RESERVE OFFICERS' TRAINING CORPS ON OCTOBER 5, 1929, MAY BE GIVEN NO RETROACTIVE EFFECT SO AS TO ENTITLE HIM TO PAY AND SUBSISTENCE EXPENSES FOR THE PERIOD JULY 2 TO 27, 1929, DURING WHICH TIME HE WAS PERMITTED TO ATTEND THE CAMP AT HIS OWN EXPENSE, AND WAS NOT IN A TRAINING STATUS UNDER ANY OBLIGATION ASSUMED BY THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO CAPT. VOLER V. VILES, UNITED STATES ARMY, FEBRUARY 6, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 16, 1929 (240.07--- JONES, JOHN L.), REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE TWO VOUCHERS SUBMITTED THEREWITH IN FAVOR OF JOHN L. JONES, STUDENT AND MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS AT THE UNIVERSITY OF WISCONSIN, MADISON, WISCONSIN, EACH IN THE SUM OF $18.20, REPRESENTING PAY AND REIMBURSEMENT FOR SUBSISTENCE EXPENSES, CORPS CAMP AT FORT SHERIDAN, ILL., DURING THE PERIOD JULY 2 TO 27, 1929, INCLUSIVE.

YOU STATE THAT YOU ARE IN DOUBT AS TO WHETHER PAYMENT OF THE VOUCHERS IS AUTHORIZED IN VIEW OF 8 COMP. GEN. 69.

PARAGRAPH 5, SPECIAL ORDERS NO. 118, HEADQUARTERS SIXTH CORPS AREA, CHICAGO, ILL., DATED MAY 20, 1929, ORDERED JONES TO PROCEED BY THE SHORTEST USUALLY TRAVELED ROUTE TO FORT SHERIDAN, ILL., SO AS TO ARRIVE THERE ON JUNE 17, 1929, AND REPORT TO THE COMMANDING OFFICER OF THE R.O.T.C. CAMP FOR TEMPORARY DUTY, AND UPON COMPLETION THEREOF TO RETURN TO MADISON, WIS. IT APPEARS THAT JONES REPORTED AT THE TRAINING CAMP JUNE 17, 1929, AND CONTINUED IN ATTENDANCE UNTIL JULY 1, 1929, ON WHICH DATE HE WAS DISCHARGED, IT BEING STATED ON THE VOUCHER FOR PAY AS FOLLOWS:

THE ABOVE-NAMED STUDENT WAS DISCHARGED FROM THE R.O.T.C. JULY 1, 1929, FOR DEFECTIVE VISION AND COMPLETED ATTENDANCE AT R.O.T.C. CAMP, FORT SHERIDAN, ILL., AT HIS OWN EXPENSE AND WITHOUT PAY DURING THE PERIOD JULY 2ND TO JULY 27, 1929, AND CLAIM IS NOW MADE FOR THIS PERIOD FOR THE RATE OF PAY AUTHORIZED R.O.T.C. STUDENTS DUE TO THE FACT THAT STUDENT WAS RE- INSTATED IN THE R.O.T.C. BY 4TH INDORSEMENT, WAR DEPARTMENT, DATED OCTOBER 5, 1929 AND RESUMED ADVANCED COURSE AS OF OCTOBER 5, 1929.

ATTACHED TO THE OTHER VOUCHER IS A COPY OF THE RECEIPT OF FIRST LIEUT. JOSEPH L. ERICKSON, Q.M.C., DATED JULY 12, 1929, FOR "MESS COLLECTIONS FOR THE FOLLOWING NAMED STUDENTS REMAINING IN CAMP AT THEIR OWN EXPENSE; JOHN L. JONES, CO. E. JULY 2 TO 27, 26 DAYS AT .70, $18.20.

HE WAS PAID PAY FOR THE PERIOD JUNE 17 TO 30, 1929, INCLUSIVE ON VOUCHER 45, JULY, 1929, AND FOR JULY 1, 1929, AND TRAVEL ALLOWANCE FROM FORT SHERIDAN, ILL., TO MADISON, WIS., ON VOUCHER 52, JULY, 1929, ACCOUNTS OF MAJ. JEROME CLARK, F.D. ATTACHED TO VOUCHER 52 IS AN EXTRACT COPY OF SPECIAL ORDER NO. 149, HEADQUARTERS, FORT SHERIDAN, ILL., DATED JULY 1, 1929, WHICH READS AS FOLLOWS:

4. THE FOLLOWING-NAMED STUDENTS OF THE RESERVE OFFICERS' TRAINING CORPS, HAVING REPORTED AT THIS STATION FOR TEMPORARY DUTY AND HAVING BEEN FOUND PHYSICALLY DISQUALIFIED FOR COMMISSION IN THE OFFICER'S RESERVE CORPS, ARE RELIEVED FROM FURTHER DUTY AT THIS STATION:

TABLE

NAME WILL PROCEED TO--

* * * * * * * JONES, JOHN L.:

MADISON, WISCONSIN.

STUDENT AT UNIVERSITY OF WISCONSIN, ORDERED TO

REPORT PER PARAGRAPH 5, SPECIAL ORDERS NO. 118,

HEADQUARTERS, SIXTH CORPS AREA, MAY 20, 1929.

IT HAS BEEN ASCERTAINED FROM THE WAR DEPARTMENT THAT SOME TIME AFTER TERMINATION OF THE TRAINING CAMP JONES WAS EXAMINED BY EYE SPECIALISTS AT THE WISCONSIN GENERAL HOSPITAL, WHO DID NOT FIND HIS VISION DEFECTIVE; THAT THE PROFESSOR OF MILITARY SCIENCE AND TACTICS AT THE UNIVERSITY OF WISCONSIN RECOMMENDED IN LETTER OF SEPTEMBER 18, 1929, TO THE CORPS AREA COMMANDER THAT, IN VIEW OF THE REPORT OF EXAMINATION WHICH SHOWED THAT JONES'S VISION APPEARED TO MEET THE REQUIREMENTS FOR A COMMISSION IN THE OFFICERS' RESERVE CORPS, HE BE REINSTATED IN THE RESERVE OFFICERS' TRAINING CORPS; THAT IT WAS FORWARDED BY THE CORPS AREA COMMANDER RECOMMENDED; THAT JONES WAS REINSTATED BY WAR DEPARTMENT COMMUNICATION OF OCTOBER 5, 1929.

THE RELATION BETWEEN THE STUDENT JONES AND THE GOVERNMENT WAS ENDED, SO FAR AS PAYMENT OF EXPENSES BY THE GOVERNMENT WAS CONCERNED, WHEN THE FINDING OF DEFECTIVE VISION WAS GIVEN EFFECT BY HIS DISCHARGE FROM ATTENDANCE AT THE TRAINING CAMP JULY 1, 1929, AND HE WAS THEN PAID ACCORDINGLY. THE STATEMENT ON THE PRESENT VOUCHER THAT HE COMPLETED ATTENDANCE AT HIS OWN EXPENSE AND WITHOUT PAY DURING THE PERIOD JULY 2, TO 27, 1929, IMPOSES NO OBLIGATION ON THE GOVERNMENT TO PAY ANY EXPENSE OF THE STUDENT FOR THAT PERIOD OF JULY 2 TO 27, 1929. SUCH REINSTATEMENT IN THE TRAINING CORPS AS APPEARS TO HAVE MADE WAS NOT TAKEN UNTIL A LATER DATE, RECOMMENDATION THEREFOR BEING MADE SEPTEMBER 18, 1929, AND THE REINSTATEMENT AUTHORIZED BY THE WAR DEPARTMENT OCTOBER 5, 1929, AND THIS MAY BE GIVEN NO RETROACTIVE EFFECT SO AS TO ENTITLE HIM TO PAY, ETC., FOR THE PERIOD JULY 2 TO 27, 1929, WHEN HE WAS NOT IN A TRAINING STATUS UNDER ANY OBLIGATION ASSUMED BY THE UNITED STATES. THE STUDENT COULD NOT MAKE HIMSELF A VOLUNTARY CREDITOR OF THE UNITED STATES BY CONTINUING ON AT ITS OWN EXPENSE.

THE VOUCHERS SUBMITTED CLAIMING REIMBURSEMENT, ETC., ARE NOT AUTHORIZED TO BE PAID AND FOLLOWING THE RULE IN SUCH CASES THE VOUCHERS ARE RETAINED IN THIS OFFICE.