A-30464, MARCH 1, 1930, 9 COMP. GEN. 375

A-30464: Mar 1, 1930

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PAY - NATIONAL GUARD - HOSPITALIZATION WHERE AN ENLISTED MAN OF THE NATIONAL GUARD IS INJURED IN LINE OF DUTY WHILE ATTENDING AN ENCAMPMENT AND IS SENT TO A HOSPITAL FOR TREATMENT IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF APRIL 26. HE IS ENTITLED DURING THE PERIOD OF HOSPITALIZATION. TO THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED. WHICH RIGHT IS NOT AFFECTED BY THE FACT THAT HIS ENLISTMENT EXPIRED DURING THE PERIOD OF HOSPITALIZATION. YOUR DOUBT IN THE MATTER APPEARING TO BE WHETHER HE IS ENTITLED TO PAY FOR THAT PERIOD OF HOSPITALIZATION SUBSEQUENT TO OCTOBER 1. WHICH WAS DIAGNOSED AS "DOUBLE INGUINAL HERNIA. " THAT SUCH INJURY WAS INCURRED IN LINE OF DUTY.

A-30464, MARCH 1, 1930, 9 COMP. GEN. 375

PAY - NATIONAL GUARD - HOSPITALIZATION WHERE AN ENLISTED MAN OF THE NATIONAL GUARD IS INJURED IN LINE OF DUTY WHILE ATTENDING AN ENCAMPMENT AND IS SENT TO A HOSPITAL FOR TREATMENT IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, THE HOSPITALIZATION NOT BEING A PART OF AFTER MEDICAL TREATMENT, HE IS ENTITLED DURING THE PERIOD OF HOSPITALIZATION, BUT NOT EXCEEDING SIX MONTHS, TO THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED, WHICH RIGHT IS NOT AFFECTED BY THE FACT THAT HIS ENLISTMENT EXPIRED DURING THE PERIOD OF HOSPITALIZATION.

COMPTROLLER GENERAL MCCARL TO MAJ. C. A. WOOD, UNITED STATES PROPERTY AND DISBURSING OFFICER, WEST VIRGINIA NATIONAL GUARD, MARCH 1, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 31, 1930, TRANSMITTING SUPPLEMENTAL FIELD TRAINING PAY ROLL OF REGIMENTAL HEADQUARTERS COMPANY, 201ST INFANTRY, WEST VIRGINIA NATIONAL GUARD, COVERING THE CLAIM OF SERGT. THOMAS G. DEBERRY FOR PAY FROM SEPTEMBER 2 TO OCTOBER 12, 1929, 1 MONTH AND 11 DAYS, WHILE UNDERGOING TREATMENT IN HOSPITAL ON ACCOUNT OF INJURY SUFFERED IN LINE OF DUTY WHILE ATTENDING ANNUAL ENCAMPMENT WITH HIS ORGANIZATION AT CAMP DAWSON, W.VA., AUGUST 18 TO SEPTEMBER 1, 1929.

YOU STATE THAT THE SOLDIER ENLISTED OCTOBER 2, 1928, FOR ONE YEAR, AND THAT HE HAS BEEN PAID FOR THE PERIOD FROM AUGUST 18 TO SEPTEMBER 1, 1929. YOU REQUEST DECISION AS TO WHAT FURTHER PERIOD HE MAY BE PAID, YOUR DOUBT IN THE MATTER APPEARING TO BE WHETHER HE IS ENTITLED TO PAY FOR THAT PERIOD OF HOSPITALIZATION SUBSEQUENT TO OCTOBER 1, 1929, THE DATE OF THE EXPIRATION OF HIS ENLISTMENT.

THE BOARD OF OFFICERS APPOINTED UNDER N.G.R. 62 TO INVESTIGATE AND REPORT UPON ALL THE CIRCUMSTANCES OF THE CASE CONVENED AUGUST 29, 1929, AND REPORTED THAT THE SOLDIER WHILE TRAINING WITH HIS COMPANY ON AUGUST 19, 1929, SUFFERED AN INJURY, WHICH WAS DIAGNOSED AS "DOUBLE INGUINAL HERNIA; " THAT SUCH INJURY WAS INCURRED IN LINE OF DUTY; THAT HE WAS CONFINED IN THE CAMP INFIRMARY, BUT WITH THE MEANS AND EQUIPMENT AVAILABLE THE CASE COULD NOT BE GIVEN PROPER TREATMENT AT CAMP, AND RECOMMENDED THAT ARRANGEMENTS FOR FURTHER TREATMENT BE MADE.

IN ACCORDANCE WITH THIS RECOMMENDATION THE SOLDIER WAS SENT TO THE WALTER REED GENERAL HOSPITAL, AND WAS DISCHARGED THEREFROM OCTOBER 12, 1929.

SECTION 6 OF THE ACT OF MARCH 4, 1923, AS AMENDED BY THE ACT OF JUNE 3, 1924, AND AS FURTHER AMENDED BY THE ACT OF APRIL 26, 1928, 45 STAT. 461, PROVIDES:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND WHILE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECS. 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED; * * * 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; * * * NO PERSON HOSPITALIZED UNDER THE FOREGOING PROVISIONS OF THIS SECTION ON ACCOUNT OF ANY PERSONAL INJURY SUFFERED OR DISEASE CONTRACTED SHALL BE ENTITLED TO RECEIVE, IN CONNECTION WITH SUCH INJURY OR DISEASE, PAY OR ALLOWANCE OTHER THAN HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AND TRANSPORTATION, AS HEREIN PROVIDED, FOR MORE THAN SIX MONTHS; BUT FOR ANY REMAINING PERIOD OF SUCH HOSPITALIZATION HE SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * *

THIS IS A SPECIAL ACT PROVIDING PAY FOR MEMBERS OF THE NATIONAL GUARD UNDER THE CIRCUMSTANCES AND CONDITIONS AND FOR A LIMITED TIME AS THEREIN PRESCRIBED. THE PAY SO PROVIDED FOR IS NOT IN CONSIDERATION FOR THE PERFORMANCE OF ANY DUTY BUT IS IN THE NATURE OF AN INDEMNITY. IT IS BASED ON THE STATUS OF THE MAN WHEN THE INJURY IS SUFFERED. THE ACT CONTAINS NO LIMITATION AS TO THE RIGHT TO SUCH PAY BY REASON OF EXPIRATION OF ENLISTMENT WHILE BEING HOSPITALIZED THEREUNDER, AND NO SUCH LIMITATION SHOULD BE READ INTO IT, THE GENERAL PURPOSE OF THE ACT BEING TO COMPENSATE WITHIN CERTAIN LIMITATIONS THOSE COMING WITHIN ITS TERMS FOR INJURIES RECEIVED IN LINE OF DUTY REQUIRING HOSPITALIZATION.

YOU ARE ADVISED THEREFORE THAT ON THE FACTS STATED SERGEANT DEBERRY IS ENTITLED TO PAY FOR THE FULL PERIOD OF HIS HOSPITALIZATION FROM SEPTEMBER 2 TO OCTOBER 12, 1929, AND YOU ARE AUTHORIZED TO PAY HIM ACCORDINGLY.

WHAT IS HEREIN SAID DOES NOT MODIFY IN ANY WAY THE DECISION OF JUNE 27, 1929, TO YOU, A-27659, RESPECTING PAY DURING HOSPITALIZATION OF NATIONAL GUARDSMEN AS A PART OF FURTHER MEDICAL TREATMENT AFTER ARRIVAL AT THEIR HOMES FOR INJURY SUFFERED OR DISEASE CONTRACTED AS DESCRIBED IN THE ACT.