A-38877, OCTOBER 12, 1931, 11 COMP. GEN. 130

A-38877: Oct 12, 1931

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PAY AND ALLOWANCES - OFFICERS' RESERVE CORPS - MEMBER OF UNDERGOING HOSPITALIZATION A MEMBER OF THE OFFICERS' RESERVE CORPS WHO WAS INJURED IN AN AUTOMOBILE COLLISION WHILE ON ACTIVE DUTY AND RETURNING TO HIS HOME IS ENTITLED TO CONTINUATION OF PAY AND ALLOWANCES DURING THE PERIOD OF HOSPITALIZATION IN THE FIRST INSTANCE. HE IS NOT ENTITLED TO PAY AND ALLOWANCES WHILE UNDERGOING FURTHER MEDICAL TREATMENT IN AN ARMY HOSPITAL TO WHICH ADMITTED FROM HIS HOME. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH. CAPTAIN CONTEE AND SECOND LIEUTENANT MONROE WERE BY PARAGRAPH 18. ON WHICH DATE THEY WERE DIRECTED TO PROCEED FROM THEIR HOME TO CAMP DEVENS.

A-38877, OCTOBER 12, 1931, 11 COMP. GEN. 130

PAY AND ALLOWANCES - OFFICERS' RESERVE CORPS - MEMBER OF UNDERGOING HOSPITALIZATION A MEMBER OF THE OFFICERS' RESERVE CORPS WHO WAS INJURED IN AN AUTOMOBILE COLLISION WHILE ON ACTIVE DUTY AND RETURNING TO HIS HOME IS ENTITLED TO CONTINUATION OF PAY AND ALLOWANCES DURING THE PERIOD OF HOSPITALIZATION IN THE FIRST INSTANCE, BUT AFTER DISCHARGE AND RETURN TO HIS HOME, HE IS NOT ENTITLED TO PAY AND ALLOWANCES WHILE UNDERGOING FURTHER MEDICAL TREATMENT IN AN ARMY HOSPITAL TO WHICH ADMITTED FROM HIS HOME.

COMPTROLLER GENERAL MCCARL TO MAJ. S. B. ARMAT, UNITED STATES ARMY, OCTOBER 12, 1931:

THERE HAS BEEN RECEIVED YOUR REQUEST OF SEPTEMBER 22, 1931, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON TWO VOUCHERS TRANSMITTED THEREWITH, ONE IN FAVOR OF CAPT. RAYMOND ELMER CONTEE, INFANTRY RESERVE, IN THE AMOUNT OF $251.13, AND THE OTHER IN FAVOR OF SECOND LIEUT. DOUGLASS LORRAINE MONROE, INFANTRY RESERVE, IN THE AMOUNT OF $140.90, EACH AMOUNT REPRESENTING PAY AND ALLOWANCES CLAIMED UNDER THE ACT OF APRIL 26, 1928, 45 STAT. 461, FOR THE PERIOD FROM AUGUST 8 TO 31, 1931, UNDER THE CIRCUMSTANCES HEREINAFTER STATED.

CAPTAIN CONTEE AND SECOND LIEUTENANT MONROE WERE BY PARAGRAPH 18, SPECIAL ORDERS, NO. 124, HEADQUARTERS THIRD CORPS AREA, DATED MAY 26, 1931, ORDERED TO ACTIVE DUTY FOR A PERIOD OF 14 DAYS, EFFECTIVE JULY 25, 1931, ON WHICH DATE THEY WERE DIRECTED TO PROCEED FROM THEIR HOME TO CAMP DEVENS, MASS. IT WAS FURTHER DIRECTED THAT THEY BE RELIEVED FROM DUTY IN TIME SO AS TO ARRIVE AT THEIR HOMES AUGUST 7, 1931. PURSUANT TO THESE ORDERS, THEY WERE RELIEVED FROM DUTY AT CAMP DEVENS AT ABOUT 7 P.M. AUGUST 6, 1931, AND STARTED IMMEDIATELY TO RETURN TO THEIR HOMES BY PRIVATELY OWNED AUTOMOBILE. AT ABOUT 1 A.M., WHILE TRAVELING SLOWLY DUE TO ENGINE OVERHEATING NEAR HOPE VALLEY, R.I., THE AUTOMOBILE IN WHICH THEY WERE RIDING WAS STRUCK FROM THE REAR BY A FAST-MOVING TRUCK, WHICH CAUSED THEIR CAR TO MOVE SIDEWISE FOR SOME DISTANCE AND TOPPLE OVER, TURNED IN THE OPPOSITE DIRECTION. THE TWO OFFICERS WERE INJURED AS A RESULT OF THIS COLLISION. CAPTAIN CONTEE WAS TAKEN BY A PASSING MOTORIST TO ANDERSON MEMORIAL HOSPITAL AT WESTERLY, R.I., WHERE HE WAS ADMITTED ABOUT 4 A.M. AUGUST 7, 1931. HE WAS DISCHARGED FROM SUCH HOSPITAL ON THE AFTERNOON OF AUGUST 10, 1931, AND RETURNED TO HIS HOME BY RAIL, ARRIVING IN WASHINGTON, D.C., ABOUT 2:30 A.M. THE FOLLOWING MORNING. LIEUTENANT MONROE WAS TAKEN FROM THE SCENE OF THE ACCIDENT TO THE STATE TROOP PATROL AT HOPE VALLEY, THENCE TO THE OFFICE OF DOCTOR O-HEAR, PRESUMABLY AT THAT PLACE, AND FROM THERE TO WESTERLY PUBLIC HOSPITAL AT WESTERLY, R.I., WHERE HE RECEIVED EMERGENCY TREATMENT, AND LEFT THE SAME DAY, AUGUST 7, 1931, FOR HIS HOME, ARRIVING IN WASHINGTON, D.C., AT ABOUT 2 A.M. THE FOLLOWING MORNING. AUGUST 11, 1931, BOTH OFFICERS WENT FROM THEIR HOMES TO WALTER REED GENERAL HOSPITAL FOR INFORMATION AS TO TREATMENT AND WERE DIRECTED TO APPLY TO THE GENERAL DISPENSARY, UNITED STATES ARMY, WASHINGTON, D.C., WHERE THEY EACH RECEIVED TREATMENT FROM AUGUST 12 TO 18, 1931. IT IS CERTIFIED THAT ON AUGUST 18, 1931, THEY WERE ADMITTED TO WALTER REED GENERAL HOSPITAL FROM THEIR HOMES. A BOARD OF OFFICERS CONVENED AT FORT ADAMS, R.I., ON AUGUST 10, 1931, PROCEEDED TO WESTERLY AND EXAMINED CAPTAIN CONTEE, AND FOUND HIS INJURIES TO CONSIST OF: (1) WOUND, CONTUSED, SEVERE, INNER SURFACE LEFT ARM EXTENDING DOWN TO MIDDLE OF LEFT FOREARM. (2) IMPAIRED ABILITY TO EXTEND LEFT HAND AND FINGERS, EXCEPT LEFT LITTLE FINGER. (3) WOUND, CONTUSED, MILD, OVER LEFT MOLAR REGION. X-RAY PICTURES TAKEN WERE NEGATIVE OF FRACTURES. THE BOARD FURTHER REPORTED THAT THEY EXAMINED THE RECORDS AT WESTERLY PUBLIC HOSPITAL, WHERE LIEUTENANT MONROE WAS TREATED. HIS INJURIES WERE SHOWN TO CONSIST OF A DISLOCATION OF THE LEFT WRIST AND POSSIBLE FRACTURE OF THE LOWER END OF THE RADIUS. THE FINDING OF THE BOARD IS AS FOLLOWS:

(1) THAT THERE WAS NO EVIDENCE THAT CAPTAIN RAYMOND E. CONTEE,INF RES., AND 2ND LIEUT. DOUGLASS L. MONROE, INF-RES., WERE UNDER THE INFLUENCE OF ALCOHOL WHEN INVOLVED AT 1:30 A.M. AUGUST 7, 1931.

(2) THAT THE INJURIES THESE OFFICERS RECEIVED WERE IN LINE OF DUTY AND WERE NOT THE RESULT OF THEIR OWN WILLFUL MISCONDUCT.

(3) THAT FURTHER HOSPITALIZATION OF EITHER OF THESE OFFICERS IS NOT NECESSARY .

THE BOARD RECOMMENDS THAT CAPTAIN CONTEE AND LIEUTENANT MONROE ORDERED TO REPORT TO THE GENERAL DISPENSARY, U.S. ARMY, WASHINGTON, D.C., FOR FURTHER OBSERVATION AND TREATMENT.

MEMBERS OF THE OFFICERS' RESERVE CORPS WHO SUFFER INJURY WHILE EN ROUTE TO OR FROM AND WHILE ON ACTIVE DUTY UNDER PROPER ORDERS, ARE, UNDER THE ACT OF APRIL 26, 1928, CITED, ENTITLED DURING THE PERIOD OF HOSPITALIZATION, IN THE FIRST INSTANCE, TO THE SAME PAY AND ALLOWANCES THEY WERE ENTITLED TO RECEIVE AT THE TIME THE INJURY WAS SUFFERED, BUT DURING THE PERIOD THAT FURTHER MEDICAL TREATMENT IS BEING RECEIVED AFTER ARRIVAL AT THEIR HOMES, PAYMENT OF PAY AND ALLOWANCES IS NOT AUTHORIZED. A-27659, JUNE 27, 1929; A-32379, JULY 7, 1930.

WHEN INJURED THESE OFFICERS WERE ON ACTIVE DUTY UNDER PROPER ORDERS, AND WERE TRAVELING TO THEIR HOMES ON WHAT IS STATED TO BE THE USUALLY TRAVELED ROUTE BY AUTOMOBILE FROM CAMP DEVENS TO WASHINGTON UNDER CONDITIONS NOT SHOWN TO BE DUE TO THEIR NEGLIGENCE. CAPTAIN CONTEE WAS HOSPITALIZED AFTER TERMINATION OF HIS ACTIVE DUTY ASSIGNMENT FOR THE PERIOD AUGUST 8 TO 10, 1931, DUE TO INJURIES SUSTAINED BY HIM WHILE ON ACTIVE DUTY. HE IS WITHIN THE PROVISIONS OF THE LAW AUTHORIZING CONTINUATION OF PAY AND ALLOWANCES FOR THIS PERIOD. LIEUTENANT MONROE RETURNED TO HIS HOME ON AUGUST 7, 1931, AND WAS NOT HOSPITALIZED DUE TO HIS INJURIES FOR ANY PERIOD FOLLOWING THE TERMINATION OF HIS ACTIVE DUTY ASSIGNMENT. THE ADMISSION OF BOTH OFFICERS AT WALTER REED GENERAL HOSPITAL FROM THEIR HOMES WAS INCIDENT TO FURTHER MEDICAL TREATMENT AND DOES NOT ENTITLE TO PAY AND ALLOWANCES.

YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER IN FAVOR OF LIEUTENANT MONROE AND IT WILL BE RETAINED IN THIS OFFICE. THE VOUCHER IN FAVOR OF CAPTAIN CONTEE IS RETURNED, ON WHICH PAYMENT IS AUTHORIZED, IF OTHER CORRECT, FOR THE PERIOD AUGUST 8 TO 10, 1931, IN THE AMOUNT OF $32.60.