A-36892, JUNE 10, 1931, 10 COMP. GEN. 542

A-36892: Jun 10, 1931

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HE IS NOT ENTITLED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. IT IS ALLEGED THAT THE NECESSITY FOR THE TRAVEL AND HOSPITALIZATION WAS THE RESULT OF A DISEASE ORIGINALLY CONTRACTED WHILE THE OFFICER WAS ON ACTIVE DUTY AT FORT BENNING. THE RECORD INDICATES HE DID NOT ASK FOR TREATMENT DURING HIS PERIOD OF ACTIVE SERVICE BECAUSE OF THE CONDITION FOR WHICH HE WAS SUBSEQUENTLY HOSPITALIZED. THE OFFICER WAS PURSUANT TO DIRECTIONS OF THE WAR DEPARTMENT AUTHORIZED BY LETTER OF THE COMMANDER OF THE FIFTH CORPS AREA. WITH THE UNDERSTANDING THAT HE WAS NOT ENTITLED TO PAY AND ALLOWANCES OR TRANSPORTATION TO FORT BENJAMIN HARRISON.

A-36892, JUNE 10, 1931, 10 COMP. GEN. 542

MEDICAL TREATMENT - PAY AND ALLOWANCES - MEMBER OF OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS CLAIMED NO DISEASE OR INJURY DURING HIS ACTIVE SERVICE AT A CAMP, AND AFTER RETURN TO HIS HOME HE ASKED AND RECEIVED MEDICAL TREATMENT IN A GOVERNMENT HOSPITAL, HE IS NOT ENTITLED, UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, TO PAY AND ALLOWANCES FOR THE PERIOD OF SUCH MEDICAL AND HOSPITAL TREATMENT, NOR TO TRANSPORTATION TO THE HOSPITAL.

COMPTROLLER GENERAL MCCARL TO CAPT. A. J. PERRY, UNITED STATES ARMY, JUNE 10, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 13, 1931, WITH INCLOSURES, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH IN FAVOR OF FIRST LIEUT. BLUCHER CARROLL, INFANTRY RESERVE, COVERING REIMBURSEMENT OF HIS TRANSPORTATION FROM LEXINGTON, KY., TO FORT BENJAMIN HARRISON, IND., AND PAY AND ALLOWANCES FROM OCTOBER 20 TO NOVEMBER 8, 1930, WHILE UNDERGOING HOSPITALIZATION AT FORT BENJAMIN HARRISON.

IT IS ALLEGED THAT THE NECESSITY FOR THE TRAVEL AND HOSPITALIZATION WAS THE RESULT OF A DISEASE ORIGINALLY CONTRACTED WHILE THE OFFICER WAS ON ACTIVE DUTY AT FORT BENNING, GA., FEBRUARY 17 TO MAY 24, 1930, WHICH DISEASE AGAIN BECAME APPARENT TO THE OFFICER WHILE ATTENDING CAMP AT FORT MCCLELLAN, ALA., JULY 13 TO JULY 26, 1930. THE RECORD INDICATES HE DID NOT ASK FOR TREATMENT DURING HIS PERIOD OF ACTIVE SERVICE BECAUSE OF THE CONDITION FOR WHICH HE WAS SUBSEQUENTLY HOSPITALIZED.

IT APPEARS THAT PURSUANT TO A LETTER DATED SEPTEMBER 3, 1930, REQUESTING HOSPITAL TREATMENT ON ACCOUNT OF DISABILITY CONTRACTED WHILE ON ACTIVE DUTY, THE OFFICER WAS PURSUANT TO DIRECTIONS OF THE WAR DEPARTMENT AUTHORIZED BY LETTER OF THE COMMANDER OF THE FIFTH CORPS AREA, DATED OCTOBER 20, 1930, TO REPORT AT HIS OWN EXPENSE AT THE STATION HOSPITAL, FORT BENJAMIN HARRISON, IND., FOR TREATMENT, WITH THE UNDERSTANDING THAT HE WAS NOT ENTITLED TO PAY AND ALLOWANCES OR TRANSPORTATION TO FORT BENJAMIN HARRISON, IND., BUT THAT HE WOULD BE RETURNED TO HIS HOME AT LEXINGTON, KY., AT GOVERNMENT EXPENSE IF IT WAS DETERMINED THAT THE DISEASE OR INJURY WAS INCURRED IN LINE OF DUTY WHILE ON ACTIVE DUTY. APPEARS THAT LIEUTENANT CARROLL REPORTED AT THE STATION HOSPITAL OCTOBER 21, 1930, AND WAS DISCHARGED THEREFROM NOVEMBER 8, 1930.

IN ACCORDANCE WITH PARAGRAPH 8 OF S.O. NO. 249, DATED HEADQUARTERS FORT BENJAMIN HARRISON, ND., OCTOBER 25, 1930, A BOARD OF MEDICAL OFFICERS WAS APPOINTED FOR THE PURPOSE OF INVESTIGATING AND REPORTING UPON THE CASE, AND UPON THE OFFICER'S STATEMENT THAT THE CONDITION COMPLAINED OF (METATARSALGIA) WAS FIRST NOTICED BY THE OFFICER DURING ACTIVE DUTY AT FORT BENNING, GA., FEBRUARY 17 TO MAY 24, 1930, AND THAT THERE WAS A RECURRENCE DURING HIS ACTIVE DUTY FOR TRAINING AT FORT MCCLELLAN, ALA., JULY 13 TO JULY 26, 1930 (ALTHOUGH IN NEITHER CASE DID HE REPORT FOR TREATMENT TO THE MEDICAL OFFICERS ON DUTY THERE), DETERMINED THE CONDITION OR DISEASE WAS INCURRED WHILE ON ACTIVE DUTY IN LINE OF DUTY.

THE ACT OF APRIL 26, 1928, 45 STAT. 461 PROVIDES:

THAT * * * MEMBERS OF THE OFFICERS' 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; THEY SHALL ALSO BE ENTITLED TO SUCH FURTHER MEDICAL TREATMENT FOR SUCH INJURY OR DISEASE AS IS REASONABLY NECESSARY AFTER ARRIVAL AT THEIR HOMES UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE PRESIDENT. * * * (PAY IS LIMITED TO A PERIOD OF SIX MONTHS DURING THE PERIOD OF HOSPITALIZATION.)

ALTHOUGH THE ACT PROVIDES FOR THE CONTINUANCE OF PAY AND ALLOWANCES DURING THE NECESSARY HOSPITAL TREATMENT IN THE FIRST INSTANCE THERE IS NO PROVISION MADE FOR PAY AND ALLOWANCES AFTER ARRIVAL HOME WHILE RECEIVING "FURTHER MEDICAL TREATMENT.' WHERE AN OFFICER IS RELIEVED FROM ACTIVE DUTY IN APPARENT GOOD HEALTH THERE IS NO RIGHT TO PAY WHILE UNDERGOING "FURTHER MEDICAL TREATMENT" (GIVEN AT HIS REQUEST FOR A DISEASE CLAIMED TO HAVE DEVELOPED WHILE ON ACTIVE DUTY) AFTER ARRIVAL AT HIS HOME WHETHER OR NOT SUCH FURTHER MEDICAL TREATMENT INCLUDES 1272; 9 COMP. GEN. 408. THE HOSPITALIZATION OF LIEUTENANT CARROL AT FORT BENJAMIN HARRISON FROM OCTOBER 21 TO NOVEMBER 8, 1930 (WHICH INCIDENTALLY IN THE OPINION OF THE BOARD OF MEDICAL OFFICERS WAS NOT REQUIRED AFTER NOVEMBER 1, 1930), CONSTITUTED "FURTHER MEDICAL TREATMENT" UNDER THE ACT OF APRIL 26, 1928, AND DURING SUCH PERIOD HE WAS NOT ENTITLED TO PAY OR ALLOWANCES. AS THE DISEASE OR CONDITION COMPLAINED OF WAS NOT MADE OF RECORD DURING HIS PERIODS OF ACTIVE DUTY, DUE TO HIS OWN FAILURE TO REPORT THE MATTER TO THE MEDICAL OFFICER, THE CONDITION FIXED BY THE WAR DEPARTMENT THAT HE SHOULD BEAR THE EXPENSE OF TRANSPORTATION TO THE HOSPITAL FOR TREATMENT WAS REQUIRED BY THE STATUTE.

ON THE FACTS PRESENTED PAYMENT OF THE VOUCHERS, WHICH WILL BE RETAINED, IS NOT AUTHORIZED.