A-35392, FEBRUARY 19, 1931, 10 COMP. GEN. 373

A-35392: Feb 19, 1931

Additional Materials:

Contact:

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

 

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

IMMEDIATE HOSPITAL TREATMENT WAS NOT DEEMED NECESSARY FOR "APPROPRIATE TREATMENT OF SUCH URY. " AND THE OFFICER WAS REJECTED FOR ACTIVE DUTY AND ORDERED TO PROCEED TO HIS HOME WITHOUT ANY CONTEMPORANEOUS DETERMINATION THAT THE INJURY WAS INCURRED IN LINE OF DUTY. HOSPITAL TREATMENT THEREAFTER DETERMINED TO BE NECESSARY IS A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE ACT OF APRIL 26. FOR WHICH PAYMENT OF PAY AND ALLOWANCES IS NOT AUTHORIZED. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. DUE TO AN INJURY CLAIMED TO HAVE BEEN SUSTAINED JULY 6. IS AS FOLLOWS: UNDER THE PROVISIONS OF PARAGRAPH 31. IS RELIEVED EFFECTIVE THIS DATE AND WILL PROCEED WITHOUT DELAY TO HIS HOME.

A-35392, FEBRUARY 19, 1931, 10 COMP. GEN. 373

PAY - SICK IN HOSPITAL - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS, REPORTING FOR ACTIVE DUTY FOR TRAINING, INFORMED THE EXAMINING BOARD THAT HE HAD INCURRED AN INJURY WHILE ENROUTE FROM HIS HOME TO PLACE OF DUTY, BUT IMMEDIATE HOSPITAL TREATMENT WAS NOT DEEMED NECESSARY FOR "APPROPRIATE TREATMENT OF SUCH URY," AND THE OFFICER WAS REJECTED FOR ACTIVE DUTY AND ORDERED TO PROCEED TO HIS HOME WITHOUT ANY CONTEMPORANEOUS DETERMINATION THAT THE INJURY WAS INCURRED IN LINE OF DUTY, AND THE OFFICER SOUGHT NO MEDICAL OR HOSPITAL TREATMENT AT THE TIME, HOSPITAL TREATMENT THEREAFTER DETERMINED TO BE NECESSARY IS A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE ACT OF APRIL 26, 1928, 45 STAT. 461, FOR WHICH PAYMENT OF PAY AND ALLOWANCES IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, FEBRUARY 19, 1931:

THERE HAS BEEN RECEIVED YOUR REQUEST OF FEBRUARY 2, 1931, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF SECOND LIEUT. KERMIT K. BLACK, INFANTRY RESERVE, FOR PAY AND ALLOWANCES OF HIS GRADE WITHOUT DEPENDENTS, FROM DECEMBER 28, 1930, TO JANUARY 31, 1931, WHILE UNDERGOING HOSPITALIZATION AT STATION HOSPITAL, FORT SAM HOUSTON, TEX., DUE TO AN INJURY CLAIMED TO HAVE BEEN SUSTAINED JULY 6, 1930, WHILE PROCEEDING FROM HIS HOME IN HOUSTON, TEX., TO FORT SAM HOUSTON, SAN ANTONIO, TEX., PURSUANT TO PARAGRAPH 36, SPECIAL ORDERS NO. 143, HEADQUARTERS EIGHTH CORPS AREA, FORT SAM HOUSTON, TEX., DATED JUNE 18, 1930, ASSIGNING HIM TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 14 DAYS, EFFECTIVE JULY 6, 1930.

PARAGRAPH 2, SPECIAL ORDERS NO. 151, HEADQUARTERS SECOND DIVISION, FORT SAM HOUSTON, TEX., DATED JULY 10, 1930, IS AS FOLLOWS:

UNDER THE PROVISIONS OF PARAGRAPH 31, A (2), A.R. 140-5, AND IN COMPLIANCE WITH INSTRUCTIONS CONTAINED IN 2D INDORSEMENT (FILE AG-201 BLACK, KERMIT K., 2D LT., INF.RES.), HEADQUARTERS EIGHTH CORPS AREA, FORT SAM HOUSTON, TEXAS, DATED JULY 8, 1930, SECOND LIEUTENANT KERMIT K. BLACK, INF.RES., HAVING BEEN FOUND PHYSICALLY UNFIT FOR FURTHER ACTIVE DUTY TRAINING, IS RELIEVED EFFECTIVE THIS DATE AND WILL PROCEED WITHOUT DELAY TO HIS HOME.

LIEUTENANT BLACK REQUESTED HOSPITALIZATION BY LETTER OF AUGUST 11, 1930, TO THE CORPS AREA SURGEON, EIGHTH CORPS AREA, AS FOLLOWS:

1. IT IS REQUESTED THAT I BE ADMITTED TO THE BASE HOSPITAL, FORT SAM HOUSTON, TEXAS, FOR OPERATION FOR CORRECTION OF HERNIA SUFFERED WHILE EN ROUTE FROM MY HOME STATION TO FORT SAM HOUSTON, TEXAS, JULY 6TH, 1930.

2. IT IS UNDERSTOOD THAT THIS OPERATION WILL BE AT MY OWN EXPENSE AND AT NO RISK OR OBLIGATION ON THE PART OF THE GOVERNMENT.

3. FOR YOUR INFORMATION AND GUIDANCE THE FOLLOWING DATA ARE TRANSMITTED: I WAS ORDERED TO REPORT FOR ACTIVE DUTY TRAINING WITH THE NINTH INFANTRY, FROM JULY 6TH TO 19TH, 1930. I REPORTED ABOUT 3:30 P.M., JULY 6TH 1930. ON THE WAY UP I HAD BEEN EXPERIENCING TROUBLE WITH THE STARTER HANGING ON MY AUTOMOBILE, AND AT SCHULENBERG, TEXAS, I STOPPED TO GET MY GENERATOR SET BACK, AND ON TRYING TO START THE CAR LATER I COULD NOT, ON ACCOUNT OF THE FACT THAT THE STARTER WAS STUCK. ATTEMPTED TO PULL IT LOOSE WITH THE CRANK, AND GAVE A HARD JERK UPWARD. I FELT A SLIGHT BURNING OR TEARING SENSATION IN MY RIGHT SIDE, BUT THOUGHT NOTHING OF IT AT THE TIME. AFTER REACHING CAMP I SIGNED IN AND WENT TO MY QUARTERS AT THE FORT SAM HOUSTON OFFICERS' CLUB. THAT NIGHT WHILE TAKING A BATH I NOTICED A SLIGHT LUMP IN MY LOWER RIGHT ABDOMINAL REGION, BUT THOUGHT IT WAS JUST THE RESULT OF STRAIN AND WOULD GO AWAY. THE NEXT MORNING--- MONDAY, JULY 7TH--- I WAS EXAMINED BY MAJOR CORBETT, REGIMENTAL SURGEON, 9TH INFANTRY, AND HE CALLED THE LUMP A "RIGHT INGUINAL HERNIA, INCOMPLETE, REDUCIBLE.' AS A RESULT I WAS REJECTED, AND ON THE 11TH OF JULY I WAS ORDERED TO RETURN TO MY HOME STATION. SINCE RETURNING TO MY HOME STATION THE SIDE HAS GIVEN ME SOME TROUBLE, AND I HAVE BEEN ADVISED TO HAVE THE OPERATION PERFORMED.

A BOARD OF OFFICERS WAS APPOINTED BY SPECIAL ORDERS NO. 203, HEADQUARTERS SECOND DIVISION, FORT SAM HOUSTON, DATED SEPTEMBER 11, 1930, TO DETERMINE THE LINE OF DUTY STATUS AND MAKE RECOMMENDATIONS ON THIS REQUEST. MAJ. BERTRAM F. DUCKWELL, MEDICAL CORPS, UNITED STATES ARMY, WAS CALLED BY THE BOARD, AND HIS TESTIMONY IS SHOWN TO HAVE BEEN AS FOLLOWS:

Q. DID YOU EXAMINE ON OR ABOUT JULY 7, 1930, 2D LIEUT. KERMIT K. BLACK, INFANTRY, RESERVE, AND IF SO, WHAT WAS THE RESULT OF SUCH EXAMINATION?

A. YES; I EXAMINED HIM. HE HAD HERNIA, RIGHT INGUINAL INCOMPLETE, WHICH IN MY OPINION RENDERED HIM UNFIT FOR ACTIVE DUTY TRAINING AND I RECOMMENDED HIS REJECTION.

Q. IN YOUR OPINION WAS THIS CONDITION OF HERNIA ONE OF RECENT ORIGIN OR ONE OF LONG-STANDING DURATION?

A. I COULD NOT DETERMINE THAT.

Q. WHAT STATEMENT, IF ANY, DID LIEUT. BLACK MAKE TO YOU CONCERNING THIS HERNIA?

A. HE STATED THAT HE GOT THIS HERNIA WHILE TRAVELING UNDER ORDERS TO FORT SAM HOUSTON THE DAY BEFORE THIS EXAMINATION, WHILE HE WAS CRANKING HIS AUTOMOBILE.

Q. IN YOUR OPINION, WOULD IT BE POSSIBLE TO PRODUCE A HERNIA OF THIS CHARACTER IN THE MANNER IN WHICH LIEUT. BLACK STATED IT WAS PRODUCED?

A. YES, IN CERTAIN INDIVIDUALS WHO HAVE CONGENITAL WEAK WALLS.

Q. IN A HERNIA OF THIS TYPE DO YOU BELIEVE IT WAS RECENT ORIGIN OR ONE OF LONG STANDING?

A. I DO NOT BELIEVE IT WOULD BE POSSIBLE TO DETERMINE HOW LONG IT HAD EXISTED.

MAJOR S. MUNSON CORBETT, MEDICAL CORPS, UNITED STATES ARMY, WAS CALLED BY THE BOARD, AND HIS TESTIMONY IS SHOWN TO HAVE BEEN AS FOLLOWS:

Q. DID YOU EXAMINE ON OR ABOUT JULY 7, 1930, 2D LIEUT. KERMIT K. BLACK (INFANTRY-RESERVE), AND IF SO, WHAT WAS THE RESULT OF SUCH EXAMINATION?

A. I EXAMINED 2D LIEUT. BLACK AND FOUND HIM TO POSSESS A RIGHT INGUINAL HERNIA, INCOMPLETE, WHICH IN MY OPINION RENDERED HIM UNFIT FOR ACTIVE DUTY TRAINING AND SO RECOMMENDED.

Q. IN YOUR OPINION WAS THIS CONDITION OF HERNIA ONE OF RECENT ORIGIN OR ONE OF LONG-STANDING DURATION?

A. I AM UNABLE TO ANSWER THAT DIRECTLY. I CAN SAY, HOWEVER, TO THE BEST OF MY KNOWLEDGE THAT THE HERNIA FOUND WAS INCOMPLETE AND SMALL. I WAS UNABLE TO DETECT BY PALPATION ANY ADHESION IN THE CANAL.

Q. DO YOU RECALL WHETHER OR NOT LIEUT. BLACK TOLD YOU HOW THIS HERNIA ORIGINATED?

A. AS I RECALL, THIS OFFICER STATED THAT THIS HERNIA DEVELOPED WHILE CRANKING OR FIXING HIS AUTOMOBILE, EN ROUTE TO FORT SAM HOUSTON, FOR HIS PERIOD OF TRAINING.

THE FINDING OF THE BOARD WAS THAT LIEUTENANT BLACK INCURRED AN INJURY, RIGHT INGUINAL HERNIA, INCOMPLETE, IN LINE OF DUTY ON JULY 6, 1930, AT ABOUT 11:30 A.M., AT SCHULENBERG, TEX., WHILE EN ROUTE TO FORT SAM HOUSTON, PURSUANT TO ORDERS ASSIGNING HIM TO ACTIVE DUTY, AND RECOMMENDED THAT HE BE HOSPITALIZED AND GIVEN THE NECESSARY TREATMENT FOR THE INJURY DESCRIBED. SPECIAL ORDERS NO. 268, HEADQUARTERS EIGHTH CORPS AREA, FORT SAM HOUSTON, TEX., DATED NOVEMBER 17, 1930, DIRECTED AS FOLLOWS:

17. UNDER THE PROVISIONS OF WAR DEPARTMENT LETTER (AG 240-6/9/28- MISC., M-A) (CARE AND TREATMENT OF CIVILIAN COMPONENTS OF THE ARMY WHO SUFFER PERSONAL INJURY OR SICKNESS IN LINE OF DUTY), JULY 3, 1928, AND PURSUANT TO AUTHORITY CONTAINED IN 2D INDORSEMENT FROM THE WAR DEPARTMENT (AG 245.6 ORC-10/23/30), NOVEMBER 5, 1930, SECOND LIEUTENANT KERMIT KELLOGG BLACK, INF-RES., 1401 BREMOND STREET, HOUSTON, TEXAS, HAVING BEEN INJURED IN LINE OF DUTY, WHILE ON ACTIVE DUTY, WILL PROCEED AT THE PROPER TIME TO FORT SAM HOUSTON, TEXAS, SO AS TO ARRIVE THEREAT ON DECEMBER 28, 1930, REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER, STATION HOSPITAL, FOR HOSPITALIZATION AND TREATMENT.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 818 P 5078 A 3190-1.

PAY AND ALLOWANCES ARE CHARGEABLE TO PROCUREMENT AUTHORITY FD 848 P 2717 A 3190-1.

IT APPEARS THAT PURSUANT TO THIS ORDER THE OFFICER WAS ADMITTED DECEMBER 28, 1930, TO STATION HOSPITAL, FORT SAM HOUSTON, TEX.

IN THE DECISION OF OCTOBER 13, 1930, 10 COMP. GEN. 166, IT WAS HELD THAT WHERE THE FACT OF INJURY AND THE MANNER OF ITS INCURRENCE ARE MADE A MATTER OF RECORD DURING THE PERIOD A RESERVE OFFICER OF THE ARMY WAS ON ACTIVE DUTY AND HE WAS PERMITTED TO PROCEED TO HIS HOME TO ARRANGE HIS PERSONAL AFFAIRS BEFORE SUBMITTING TO NECESSARY OPERATIVE TREATMENT FOR THE INJURY THE HOSPITAL TREATMENT EXTENDED HIM IS THAT AUTHORIZED BY THE ACT OF APRIL 26, 1928, 45 STAT. 461, IN THE FIRST INSTANCE, AND THAT DURING THE PERIOD OF SUCH HOSPITALIZATION HE IS ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES HE WAS ENTITLED TO RECEIVE WHEN THE INJURY WAS SUFFERED. IN THAT CASE THE PROPER MEDICAL OFFICERS DETERMINED AT THE TIME OF THE INJURY AND WHILE THE OFFICER WAS ON ACTIVE DUTY THAT HOSPITAL TREATMENT WAS "NECESSARY FOR APPROPRIATE TREATMENT OF SUCH INJURY" BRINGING THE CASE WITHIN THE PURVIEW OF THE ACT. IN THE INSTANT CASE THE EXAMINING BOARD OF THREE OFFICERS ARE SHOWN TO HAVE BEEN INFORMED OF THE ALLEGED FACT THAT THE INJURY OCCURRED WHILE EN ROUTE FROM THE OFFICER'S HOME TO PLACE OF DUTY, BUT IT WOULD APPEAR THAT HOSPITAL TREATMENT WAS NOT DEEMED NECESSARY AT THAT TIME FOR "APPROPRIATE TREATMENT OF SUCH INJURY," THE DIAGNOSIS BEING STATED AS ,RIGHT INGUINAL HERNIA, INCOMPLETE, REDUCIBLE.' THE OFFICER WAS ON THIS REPORT RELIEVED FROM ACTIVE DUTY AND DIRECTED BY COMPETENT ORDERS TO PROCEED TO HIS HOME. THERE WAS NO CONTEMPORANEOUS DETERMINATION THAT THE INJURY WAS INCURRED IN LINE OF DUTY WHILE EN ROUTE TO ACTIVE DUTY, BUT MERELY A DETERMINATION THAT THE PHYSICAL DISQUALIFICATION EXISTED REQUIRING THE OFFICER'S RELIEF FROM ACTIVE DUTY. THE OFFICER SOUGHT NO MEDICAL OR HOSPITAL TREATMENT BUT RETURNED TO HIS HOME; NONE WAS SUGGESTED BY THE EXAMINING SURGEONS; THEY MERELY DETERMINED THAT THE HERNIA WAS ,REDUCIBLE.' THE ACT OF APRIL 26, 1928, 45 STAT. 461, CONTEMPLATES HOSPITALIZATION FOR AN INJURY SUFFERED IN THE CIRCUMSTANCES DESCRIBED IN THE ACT IMMEDIATELY, OR AS EARLY AS PRACTICABLE IN THE CIRCUMSTANCES OF THE CASE, TO ENTITLE TO PAY AND ALLOWANCES DURING HOSPITALIZATION. WHERE SUCH TREATMENT IS NOT ARRANGED AT THE TIME THE HOSPITAL TREATMENT THEREAFTER DETERMINED TO BE NECESSARY IS A PART OF THE "FURTHER MEDICAL TREATMENT" PERMITTED BY THE STATUTE AFTER RETURN TO HIS HOME, FOR WHICH PAYMENT OF PAY AND ALLOWANCES IS NOT AUTHORIZED--- A-27659, JUNE 27, 1929. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.