A-41774, JUNE 15, 1932, 11 COMP. GEN. 483

A-41774: Jun 15, 1932

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WHERE THE MEDICAL RECORD IN THE CASE OF A NATIONAL GUARD OFFICER WHO WAS HOSPITALIZED AT THE TERMINATION OF A 15-DAY PERIOD OF ENCAMPMENT FOR ARTHRALGIA SHOWS THAT THE PATHOLOGICAL CONDITION PROBABLY CAUSING THE ARTHRALGIA EXISTED PRIOR TO THE TIME HE REPORTED FOR TRAINING DUTY. SUCH DISEASE MAY NOT BE CONSIDERED AS HAVING BEEN INCURRED IN LINE OF DUTY AND THE CONTINUATION OF PAY AND ALLOWANCES AFTER TERMINATION OF THE CAMP IS NOT AUTHORIZED. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH FOR $358.60 IN FAVOR OF CAPT. WAS ORDERED TO PROCEED TO CAMP DAWSON FOR FIELD TRAINING FOR THE PERIOD AUGUST 2 TO AUGUST 16. IT IS STATED THAT CAPTAIN LAMBERT. FOUND THAT THE AILMENT WAS SUCH THAT WITH THE MEANS AND EQUIPMENT AVAILABLE THE CASE COULD BE GIVEN PROPER TREATMENT AT THE CAMP AND THAT SUCH TREATMENT WAS GIVEN AT CAMP DAWSON.

A-41774, JUNE 15, 1932, 11 COMP. GEN. 483

PAY - NATIONAL GUARD - SICK IN HOSPITAL UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, AND REGULATIONS OF THE NATIONAL GUARD ISSUED IN PURSUANCE THEREOF, INJURY OR DISEASE OF MEMBERS OF THE NATIONAL GUARD MAY NOT BE CONSIDERED IN LINE OF DUTY WHEN EXISTING PRIOR TO THE ENCAMPMENT. WHERE THE MEDICAL RECORD IN THE CASE OF A NATIONAL GUARD OFFICER WHO WAS HOSPITALIZED AT THE TERMINATION OF A 15-DAY PERIOD OF ENCAMPMENT FOR ARTHRALGIA SHOWS THAT THE PATHOLOGICAL CONDITION PROBABLY CAUSING THE ARTHRALGIA EXISTED PRIOR TO THE TIME HE REPORTED FOR TRAINING DUTY, SUCH DISEASE MAY NOT BE CONSIDERED AS HAVING BEEN INCURRED IN LINE OF DUTY AND THE CONTINUATION OF PAY AND ALLOWANCES AFTER TERMINATION OF THE CAMP IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO CHARLES A. WOOD, UNITED STATES PROPERTY AND DISBURSING OFFICER, WEST VIRGINIA NATIONAL GUARD, JUNE 15, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 15, 1932, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER TRANSMITTED THEREWITH FOR $358.60 IN FAVOR OF CAPT. LUTHER R. LAMBER, M.C., TWO HUNDRED AND FIRST INFANTRY, WEST VIRGINIA NATIONAL GUARD, REPRESENTING PAY AND ALLOWANCES FROM AUGUST 17, 1931, TO SEPTEMBER 19, 1931, WHILE A PATIENT AT THE WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C.

UNDER GENERAL ORDERS NO. 7, DATED THE ADJUTANT GENERAL'S OFFICE, CHARLESTON, W.VA., JUNE 17, 1931, THE TWO HUNDRED AND FIRST INFANTRY, WEST VIRGINIA NATIONAL GUARD, WAS ORDERED TO PROCEED TO CAMP DAWSON FOR FIELD TRAINING FOR THE PERIOD AUGUST 2 TO AUGUST 16, 1931, INCLUSIVE. IT IS STATED THAT CAPTAIN LAMBERT, WHILE PERFORMING DUTIES AS MEDICAL OFFICER OF THE TWO HUNDRED AND FIRST INFANTRY, I.E., ON AUGUST 7, 1931, DEVELOPED NEUROMUSCULAR PAINS IN RIGHT LEG AND LEFT SHOULDER; THAT A BOARD OF OFFICERS APPOINTED UNDER S.O. NO. 4, HEADQUARTERS TWO HUNDRED AND FIRST INFANTRY, CONSISTING OF TWO LINE OFFICERS AND ONE MEDICAL OFFICER, FOUND THAT THE AILMENT WAS SUCH THAT WITH THE MEANS AND EQUIPMENT AVAILABLE THE CASE COULD BE GIVEN PROPER TREATMENT AT THE CAMP AND THAT SUCH TREATMENT WAS GIVEN AT CAMP DAWSON. THE BOARD FURTHER REPORTED THAT THE POSSIBLE CAUSE OF THE AILMENT WAS AN INFECTION OF THE TONSILS OR TEETH AND RECOMMENDED FURTHER TREATMENT.

THE OFFICER WAS NOT HOSPITALIZED WHILE ATTENDING THE ENCAMPMENT, BUT ON ITS TERMINATION AUGUST 16, 1931, DROVE OR WAS DRIVEN TO WASHINGTON, AND APPLIED, AUGUST 17, 1931, TO THE MILITIA BUREAU FOR ADMISSION TO WALTER REED GENERAL HOSPITAL.

THE MEDICAL REPORT IN THE CASE SHOWS THAT CAPTAIN LAMBERT WAS A PATIENT IN WALTER REED GENERAL HOSPITAL FROM AUGUST 17, 1931, TO SEPTEMBER 19, 1931, WITH THE FOLLOWING DIAGNOSIS:

* * * (1) ARTHRALGIA, RIGHT HIP AND KNEE AND LEFT SHOULDER, MODERATELY SEVERE, CAUSE UNDETERMINED. (2) TONSILLITIS, CHRONIC, FOLLICULAR, BILATERAL-TONSILLECTOMY, BILATERAL, 9/11/31, LOCAL ANESTHESIA. (3) DENTAL FOCI OF INFECTION: R-3 IMPACTED, R-14 NONVITAL WITH PERIAPICAL RESPORTION- -- R-3 EXTRACTED 8/28/31, CONDUCTION ANESTHESIA, R-14 EXTRACTED 9/2/31, CONDUCTION ANESTHESIA. CONDITION ON DISCHARGE: 1-2-3 CURED. * * *

ARTHRALGIA IS DEFINED ON GOULD'S DICTIONARY OF MEDICINE, 6TH EDITION, AS "PAIN IN JOINT; GOUT, ARTHRITIS; RHEUMATISM.'

THE MEDICAL REPORT IS TO THE FURTHER EFFECT THAT, FOLLOWING THE REMOVAL OF THE FOCI OF INFECTION, CAPTAIN LAMBERT STATED THAT THE PAIN DISAPPEARED COMPLETELY AND ESPECIALLY DATED THIS DISAPPEARANCE OF PAIN TO THE TONSILLECTOMY ON SEPTEMBER 11, 1931. THE REPORT ALSO STATES ,UNDOUBTEDLY, THE INFECTED TONSILS AND DENTAL FOCI EXISTED PRIOR TO THIS OFFICER'S REPORTING FOR ACTIVE DUTY BUT WERE APPARENTLY, ACCORDING TO HIS STATEMENTS, GIVING HIM NO TROUBLE.' THAT IS, ALTHOUGH THE MEDICAL REPORT IS THAT THE CAUSE OF THE ARTHRALGIA WAS UNDETERMINED, IN FACT IT WAS BUT A SYMPTOM AND NOT A DISEASE. THE MEDICAL REPORT SUGGESTS THAT "THE RELIEF AFFORDED TO THESE SYMPTOMS BY THE REMOVAL OF THE FOCI OF INFECTION IN TONSILS AND TEETH MADE IT APPEAR REASONABLE TO CONSIDER THESE FOCI AS THE ETIOLOGICAL FACTORS.'

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

SEC. 6. 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 SECTIONS 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; 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.

NATIONAL GUARD REGULATIONS NO. 62 PROVIDES:

3. LINE OF DUTY.--- A. THE TERM "IN LINE OF DUTY" DOES NOT MEAN MERELY THAT THE PERSON WAS ON A DUTY STATUS AT THE TIME INJURY WAS SUFFERED OR DISEASE INCURRED, BUT THAT THE INJURY OR DISEASE OCCURRING WHILE THE PERSON WAS ON SUCH DUTY STATUS WAS INCIDENT TO SUCH DUTY AND WAS NOT THE RESULT OF MISCONDUCT ON THE PART OF THE INDIVIDUAL. INJURIES SUFFERED AND DISEASES CONTRACTED WHILE GOING TO OR RETURNING FROM ENCAMPMENTS, MANEUVERS, ETC., BY AUTHORIZED TRANSPORTATION (SEE SUBPAR. F BELOW) AND WHILE AT THESE ENCAMPMENTS, MANEUVERS, ETC., WITHOUT MISCONDUCT ON THE PART OF THE INDIVIDUAL, ARE ORDINARILY IN LINE OF DUTY. NEITHER DISEASE NOR INJURY IS IN LINE OF DUTY---

(1) WHEN EXISTING PRIOR TO THE ENCAMPMENT UPON WHICH ENGAGED.

10. * * *

C. WHILE SICK OR INJURED NOT IN LINE OF DUTY NOT DUE TO OWN MISCONDUCT.-- - MEMBERS OF THE NATIONAL GUARD UNDER THESE CIRCUMSTANCES ARE, DURING THE CONTINUANCE OF THE ENCAMPMENT, MANEUVER, OR EXERCISE UNDER SECTIONS 94 AND 97, OR DURING THE PERIODS OF ATTENDANCE AT A SERVICE SCHOOL UNDER SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, ENTITLED TO PAY AND ALLOWANCES THE SAME AS IF ACTUALLY PARTICIPATING IN SUCH TRAINING. THEY ARE NOT ENTITLED TO EITHER HOSPITALIZATION, PAY, OR ALLOWANCES AFTER THE EXPIRATION OF THE TRAINING PERIODS UPON WHICH ENGAGED.

THE OFFICER DATED THE ONSET OF HIS ILLNESS FROM AUGUST 7, 1931, OR FIVE DAYS AFTER REPORTING AT THE ENCAMPMENT FOR ACTIVE DUTY, ASCRIBING THE PAIN TO A POSSIBLE AGGRAVATION OF THE CONDITION RESULTING FROM THE INFECTION OF TONSILS AND TEETH BY EXPOSURE RESULTING FROM A STORM THE PRECEDING NIGHT. THE FACTS REPORTED SHOW INDISPUTABLY THAT THE INFECTED TONSILS AND TEETH EXISTED PRIOR TO THE OFFICER'S REPORTING FOR ACTIVE DUTY AND THAT IMMEDIATELY AFTER THE OPERATION THE PAINS DISAPPEARED, AND IT SEEMS UNQUESTIONED THAT THE PAID CLAIMED TO HAVE BEEN FIRST NOTICED AUGUST 7, 1931, AT THE ENCAMPMENT, WAS IN FACT A SYMPTOM OF A PREEXISTING PATHOLOGICAL CONDITION.

UNDER THE LAW AND REGULATIONS ISSUED IN PURSUANCE THEREOF, A PATHOLOGICAL CONDITION EXISTING AT OR PRIOR TO THE TIME THAT AN OFFICER OF THE NATIONAL GUARD REPORTS FOR TRAINING DUTY MAY NOT BE CONSIDERED AS HAVING OCCURRED IN LINE OF DUTY AND THE CONTINUATION OF PAY AND ALLOWANCES AFTER TERMINATION OF THE CAMP IS NOT AUTHORIZED. A-3651, DATED SEPTEMBER 5, 1924; 6 COMP. GEN. 20; 9 ID. 236; 32 OP.ATTY.GEN. 193. YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER WHICH IS RETURNED HEREWITH.