A-34067, NOVEMBER 10, 1930, 10 COMP. GEN. 213

A-34067: Nov 10, 1930

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WHO WAS DIRECTED TO MAKE A CHANGE OF STATION AND WAS GRANTED A DELAY EN ROUTE. WAS INJURED IN AN AUTOMOBILE ACCIDENT AFTER LEAVING HIS OLD STATION. HE WAS IN A LEAVE STATUS. NOTWITHSTANDING THAT HE MAY HAVE BEEN TRAVELING IN THE GENERAL DIRECTION OF THE PROSPECTIVE FUTURE DUTY STATION. PAYMENT OF CIVILIAN HOSPITAL AND MEDICAL TREATMENT INCURRED INCIDENT TO SUCH INJURY IS PROHIBITED BY SECTION 1586 OF THE REVISED STATUTES. IS ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $281.25 FOR EXPENSES INCURRED FOR CIVILIAN MEDICAL AND HOSPITAL TREATMENT BY REASON OF INJURIES RECEIVED JULY 2. HE WAS AUTHORIZED TO DELAY UNTIL AUGUST 5. IT IS STATED THAT THESE ORDERS WERE DELIVERED TO THE OFFICER ON JULY 2.

A-34067, NOVEMBER 10, 1930, 10 COMP. GEN. 213

MEDICAL AND HOSPITAL TREATMENT - NAVAL OFFICER ON LEAVE WHERE AN OFFICER OF THE NAVY, WHO WAS DIRECTED TO MAKE A CHANGE OF STATION AND WAS GRANTED A DELAY EN ROUTE, SUCH DELAY TO COUNT AS LEAVE, WAS INJURED IN AN AUTOMOBILE ACCIDENT AFTER LEAVING HIS OLD STATION, HE WAS IN A LEAVE STATUS, NOTWITHSTANDING THAT HE MAY HAVE BEEN TRAVELING IN THE GENERAL DIRECTION OF THE PROSPECTIVE FUTURE DUTY STATION, AND PAYMENT OF CIVILIAN HOSPITAL AND MEDICAL TREATMENT INCURRED INCIDENT TO SUCH INJURY IS PROHIBITED BY SECTION 1586 OF THE REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 10, 1930:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT DATED NOVEMBER 3, 1930, REQUESTING DECISION WHETHER LIEUT. (JUNIOR GRADE) DONALD A. CRANDELL, UNITED STATES NAVY, IS ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $281.25 FOR EXPENSES INCURRED FOR CIVILIAN MEDICAL AND HOSPITAL TREATMENT BY REASON OF INJURIES RECEIVED JULY 2, 1930, IN AN AUTOMOBILE ACCIDENT, UNDER THE CONDITIONS HEREINAFTER STATED.

DESPATCH ORDERS DATED JUNE 28, 1930, DIRECTED THAT LIEUTENANT CRANDELL BE DETACHED FROM DUTY AND STATION AT THE NAVAL AIR STATION, PENSACOLA, FLA., AND THAT HE PROCEED TO SAN DIEGO, CALIF., AND REPORT TO THE COMMANDING OFFICER OF THE U.S.S. NEVADA FOR DUTY. HE WAS AUTHORIZED TO DELAY UNTIL AUGUST 5, 1930, IN REPORTING IN OBEDIENCE TO THESE ORDERS. IT IS STATED THAT THESE ORDERS WERE DELIVERED TO THE OFFICER ON JULY 2, 1930, AND THAT ON THE SAME DATE HE LEFT PENSACOLA BY AUTOMOBILE. AT ABOUT 10 P.M. ON THE SAME DAY HIS AUTOMOBILE COLLIDED WITH A HEAVY TRUCK PARKED ON THE BIRMINGHAM-MONTGOMERY HIGHWAY 1 MILE SOUTH OF VERBENA, ALA. AS A RESULT OF THE COLLISION THE OFFICER SUSTAINED A BROKEN LEG AND MINOR CUTS AND BRUISES. HE WAS TAKEN TO CENTRAL ALABAMA HOSPITAL, CLANTON, ALA., WHERE HE REMAINED UNDER TREATMENT UNTIL AUGUST 9, 1930, ON WHICH DATE HE PROCEEDED TO UNITED STATES NAVAL HOSPITAL, WASHINGTON, D.C., AT HIS OWN EXPENSE, PURSUANT TO DESPATCH ORDERS AUGUST 7, 1930, WHICH REVOKED THE ORDERS OF JUNE 28, 1930, AND DIRECTED HIM TO RETURN TO PENSACOLA AND REPORT TO THE COMMANDANT NAVAL AIR STATION, FOR TREATMENT IN THE UNITED STATES NAVAL HOSPITAL, BUT GRANTING PERMISSION, SHOULD HE SO DESIRE, TO PROCEED TO THE UNITED STATES NAVAL HOSPITAL, WASHINGTON, D.C., AT HIS PERSONAL EXPENSE. THE CLAIM IS FOR REIMBURSEMENT OF $213.25 SHOWN BY FIVE RECEIPTED BILLS TO HAVE BEEN PAID CENTRAL ALABAMA HOSPITAL AND $75, SHOWN BY RECEIPTED BILL TO HAVE BEEN PAID DR. V. J. GRAGG, FOR PROFESSIONAL SERVICES, AND IS MADE ON THE BASIS THAT THE OFFICER AT THE TIME OF THE ACCIDENT WAS ON A DUTY STATUS TRAVELING UNDER ORDERS FROM PENSACOLA, FLA., TO U.S.S. NEVADA FOR DUTY.

THE ESTABLISHED RULE IS THAT WHERE AN OFFICER IS DIRECTED TO MAKE A CHANGE OF STATION AND IS GRANTED A DELAY EN ROUTE, SUCH DELAY TO COUNT AS LEAVE, HE IS PRIVILEGED TO SPEND HIS LEAVE WHERE HE PLEASES, AND THAT THERE IS NO REQUIREMENT TO PERFORM TRAVEL OTHERWISE THAN AT SUCH TIME AS WOULD ENABLE HIM TO REPORT AT HIS NEW DUTY STATION AFTER EXPIRATION OF THE LEAVE GRANTED AND THAT TRAVEL PERFORMED WHILE ON LEAVE IS INCIDENT TO THE LEAVE, NOTWITHSTANDING THAT IT MAY HAVE BEEN IN THE GENERAL DIRECTION OF A PROSPECTIVE FUTURE DUTY STATION. 2 COMP. GEN. 638; 8 ID. 524; 9 ID 315; A -31206, MAY 2, 1930. GIVING APPLICATION TO THIS RULE, LIEUTENANT CRANDELL WAS TRAVELING INCIDENT TO LEAVE WHEN INJURED AND THE PAYMENT OF CIVILIAN HOSPITAL AND MEDICAL TREATMENT INCURRED INCIDENT TO SUCH INJURY IS PROHIBITED BY SECTION 1586, REVISED STATUTES. 10 COMP. GEN. 40; 7 ID. 314. ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT REIMBURSEMENT TO LIEUTENANT CRANDELL FOR EXPENSES INCURRED FOR CIVILIAN MEDICAL AND HOSPITAL TREATMENT INCIDENT TO INJURY INCURRED JULY 2, 1930, IS NOT AUTHORIZED.