A-41912, MAY 14, 1932, 11 COMP. GEN. 433

A-41912: May 14, 1932

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BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0360890. MEDICAL AND HOSPITAL TREATMENT WILL. SUCH CANDIDATES WILL ALSO RECEIVE TRANSPORTATION TO THEIR HOMES AND. A CANDIDATE OFFICIALLY UNDERGOING HOSPITAL TREATMENT BECAUSE OF INJURY INCURRED IN LINE OF DUTY IS ENTITLED TO A CONTINUATION OF SUCH HOSPITAL TREATMENT. C. IN CASE A CANDIDATE IS OFFICIALLY UNDERGOING TREATMENT IN HOSPITAL BECAUSE OF A DISEASE. UPON TERMINATION OF CAMP HE SHOULD NOT BE DISCHARGED FROM HOSPITAL UNLESS HE IS PHYSICALLY FIT TO BE TRANSPORTED TO HIS HOME. THAT HE WAS ADMITTED TO THE STATION HOSPITAL AT PLATTSBURG BARRACKS. THAT HIS CASE WAS DIAGNOSED AS RHINITIS. THAT HE WAS DISCHARGED FROM THE STATION HOSPITAL AUGUST 6.

A-41912, MAY 14, 1932, 11 COMP. GEN. 433

MEDICAL TREATMENT - CITIZENS' MILITARY TRAINING CAMP STUDENT THE ACT OF APRIL 26, 1928, 45 STAT. 462, AND REGULATIONS MADE IN PURSUANCE THEREOF, DO NOT CONTEMPLATE OR PROVIDE FOR MEDICAL TREATMENT AT GOVERNMENT EXPENSE OF A CITIZENS' MILITARY TRAINING CAMP STUDENT FOR A DISEASE WHEN CONTRACTED BY HIM WHILE RETURNING HOME FROM A TRAINING CAMP, OR FOR A CONTINUANCE, AFTER THE ENCAMPMENT, OF MEDICAL OR HOSPITAL TREATMENT AS A RESULT OF A DISEASE CONTRACTED BY HIM WHILE IN ATTENDANCE AT THE CAMP.

COMPTROLLER GENERAL MCCARL TO MRS. JENNIE STONE, MAY 14, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 23, 1932, REQUESTING FURTHER CONSIDERATION OF SETTLEMENT OF FEBRUARY 12, 1932, BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0360890, FOR REIMBURSEMENT OF THE COST OF MEDICINES AND MEDICAL TREATMENT OF YOUR SON, WILLIAM STONE, BY PRIVATE PHYSICIANS AFTER COMPLETION OF HIS TRAINING AT THE CITIZENS' MILITARY TRAINING CAMP AT PLATTSBURG BARRACKS, N.Y., AUGUST 7, 1931.

SECTION 6 OF THE ACT OF APRIL 26, 1928, 45 STAT. 462, AMENDING SECTION 6 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508, AS AMENDED, PROVIDES, IN PART, AS FOLLOWS---

* * * MEMBERS OF THE CIVILIAN TRAINING CAMPS WHO SUFFER PERSONAL INJURY IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTION * * * 47D OF SAID NATIONAL DEFENSE ACT AS AMENDED SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED TO HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AND TRANSPORTATION TO THEIR HOMES, AND FURTHER MEDICAL TREATMENT AFTER ARRIVAL AT THEIR HOMES, AS IN THE CASE OF PERSONS HEREINBEFORE DESCRIBED, AND TO SUBSISTENCE DURING HOSPITALIZATION. * * *

THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1277, MAKING APPROPRIATIONS FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, PROVIDES UNDER THE HEADING ,CITIZENS' MILITARY TRAINING CAMPS," PAGE 1300, AS FOLLOWS:

* * * FOR MEDICAL AND HOSPITAL TREATMENT, SUBSISTENCE, AND TRANSPORTATION, IN CASE OF INJURY IN LINE OF DUTY, OF MEMBERS OF THE CITIZENS' MILITARY TRAINING CAMPS AND FOR TRANSPORTATION AND BURIAL OF REMAINS OF ANY SUCH MEMBERS WHO DIE WHILE UNDERGOING TRAINING OR HOSPITAL TREATMENT, AS PROVIDED IN THE ACT OF APRIL 26, 1928 (U.S.C. SUPP. III, TITLE 10, SECS. 454, 455). * * *

ARMY REGULATIONS 350-2200, APRIL 6, 1931, PROVIDE IN REGARD TO CITIZENS' MILITARY TRAINING CAMPS, AS FOLLOWS:

26. MEDICAL AND HOSPITAL TREATMENT.--- A. MEDICAL AND HOSPITAL TREATMENT WILL, WHEN NECESSARY, BE PROVIDED AT THE EXPENSE OF THE GOVERNMENT FOR---

(1) CANDIDATES RECEIVING INSTRUCTION AT A CAMP DURING THE PERIOD OF THEIR ATTENDANCE THEREAT.

(2) CANDIDATES INJURED IN LINE OF DUTY WHILE EN ROUTE TO OR FROM A CAMP OF INSTRUCTION. SUCH CANDIDATES WILL ALSO RECEIVE TRANSPORTATION TO THEIR HOMES AND, WHERE NECESSARY, FURTHER MEDICAL TREATMENT AFTER ARRIVAL THEREAT. SEE ACT APRIL 26, 1928 (45 STAT. 461; U.S.C. 10: 451; SEC. 1088, M.L. 1929).

B. UPON THE TERMINATION OF CAMP, A CANDIDATE OFFICIALLY UNDERGOING HOSPITAL TREATMENT BECAUSE OF INJURY INCURRED IN LINE OF DUTY IS ENTITLED TO A CONTINUATION OF SUCH HOSPITAL TREATMENT, INCLUDING SUBSISTENCE, AT GOVERNMENT EXPENSE, UNTIL IN THE OPINION OF THE PHYSICIAN IN ATTENDANCE THE DISABILITY RESULTING FROM SUCH INJURY CAN NOT BE MATERIALLY IMPROVED BY FURTHER HOSPITAL TREATMENT, AND TRANSPORTATION TO HIS HOME AT GOVERNMENT EXPENSE WHEN DISCHARGED FROM HOSPITAL, AND SUCH FURTHER MEDICAL TREATMENT FOR SUCH INJURY AS MAY BE REASONABLY NECESSARY AFTER ARRIVAL AT HIS HOME, AND TO SUBSISTENCE DURING HOSPITALIZATION.

C. IN CASE A CANDIDATE IS OFFICIALLY UNDERGOING TREATMENT IN HOSPITAL BECAUSE OF A DISEASE, OR AN INJURY INCURRED NOT IN LINE OF DUTY, UPON TERMINATION OF CAMP HE SHOULD NOT BE DISCHARGED FROM HOSPITAL UNLESS HE IS PHYSICALLY FIT TO BE TRANSPORTED TO HIS HOME, BUT THE COMMANDING OFFICER OF THE HOSPITAL SHOULD REPORT THE CASE AND THE ATTENDING CIRCUMSTANCES TO THE CORPS AREA COMMANDER AND AWAIT HIS INSTRUCTIONS AS TO DISPOSITION OF THE PATIENT.

ARMY REGULATIONS 40-590, DECEMBER 31, 1929, PROVIDE IN REGARD TO PERSONS WHO MAY BE ADMITTED TO ARMY HOSPITALS, PARAGRAPH 6B (4), AS FOLLOWS:

MEMBERS OF THE RESERVE OFFICERS TRAINING CORPS AND MEMBERS OF THE CIVILIAN TRAINING CAMPS WHO REQUIRE HOSPITAL CARE FOR SICKNESS, OTHER THAN INJURIES, WHILE AT CAMPS, OR WHO SUFFER PERSONAL INJURY IN LINE OF DUTY, WHILE EN ROUTE TO OR FROM OR WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTIONS 47A AND 47D OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, OR READMITTED UNDER PROPER AUTHORITY FOR FURTHER TREATMENT OF THE SAME.

THE RECORDS ON FILE IN THIS CASE SHOW THAT WILLIAM STONE ATTENDED THE CITIZENS' MILITARY TRAINING CAMP AT PLATTSBURG BARRACKS, NEW YORK, FROM JULY 9 TO AUGUST 7, 1931; THAT HE WAS ADMITTED TO THE STATION HOSPITAL AT PLATTSBURG BARRACKS, NEW YORK, 3 P.M. AUGUST 2, 1931, SUFFERING WITH A HEADACHE; THAT HIS CASE WAS DIAGNOSED AS RHINITIS, ACUTE, CATARRHAL, MILD; THAT HE WAS DISCHARGED FROM THE STATION HOSPITAL AUGUST 6, 1931, HAVING APPARENTLY RECOVERED; THAT HE MADE NO COMPLAINT OF SICKNESS ON THE DATE OF HIS DISCHARGE; THAT HE RETURNED HOME ON AUGUST 7, 1931; THAT ON AUGUST 8, 1931, HE WAS ATTENDED AT HIS HOME BY HIS FAMILY PHYSICIAN WHO FOUND UPON EXAMINATION THAT HE HAD A TEMPERATURE OF 103 DEGREES, A COUGH, AND PAIN IN THE LEFT SIDE, AND INDICATIONS OF CONGESTION IN THE LEFT LUNG; THAT ON AUGUST 11, 1931, HIS CASE WAS DIAGNOSED AS BRONCHO-PNEUMONIA; THAT AFTER ABOUT 10 DAYS THE SYMPTOMS OF PNEUMONIA BEGAN TO SUBSIDE AND SIGNS OF PLEURITIC EFFUSION APPEARED; THAT ON AUGUST 27, 1931, A RADIOGRAPHIC PICTURE STILL SHOWED SOME SIGNS OF PLEURISY; THAT ACCORDING TO YOUR LETTER OF AUGUST 29, 1931, YOUR SON WAS THEN CONVALESCING. THE FINDINGS OF THE BOARD OF OFFICERS CONVENED AT PLATTSBURG BARRACKS PURSUANT OT THE PROVISIONS OF SPECIAL ORDERS 192, HEADQUARTERS, PLATTSBURG BARRACKS, NEW YORK, SEPTEMBER 17, 1931, FOR THE PURPOSE OF INVESTIGATING AND REPORTING UPON YOUR SON'S CASE, ARE AS FOLLOWS:

1. THAT CANDIDATE WILLIAM STONE, COMPANY C, C.M.T.C., WAS ILL AT THE STATION HOSPITAL, PLATTSBURG BARRACKS, N.Y., FROM AUGUST 2ND TO AUGUST 6TH, AS STATED.

2. THAT ON THE DATE OF HIS DISCHARGE FROM THE STATION HOSPITAL, AUGUST 6TH, 1931, HE HAD APPARENTLY RECOVERED.

3. THAT HE MADE NO COMPLAINT OF SICKNESS ON THE DATE OF DISCHARGE.

4. THAT UPON ARRIVAL AT HIS HOME IN BROOKLYN, NEW YORK, HE WAS ILL AS ALLEGED, AND THAT THE ILLNESS WAS PROBABLY DUE TO EXPOSURE ON THE TRIP COMBINED WITH WEAKENED CONDITION FOLLOWING HIS RESPIRATORY AILMENT WHILE IN THE STATION HOSPITAL, PLATTSBURG BARRACKS, N.Y.

THE BOARD THEREFORE BELIEVES THAT INASMUCH AS THIS ILLNESS WAS CONTRACTED ON HIS RETURN FROM CAMP AND POSSIBLY AS A SEQUEL TO HIS ILLNESS IN THE STATION HOSPITAL, PLATTSBURG BARRACKS, THAT THE ILLNESS IS IN LINE OF DUTY.

THE RECEIPTED BILLS PRESENTED BY YOU ARE AS FOLLOWS:

TABLE DR. B. FEIGENBAUM, FOR PROFESSIONAL SERVICES -------------- $ 60.00 DR. HENRY JOACHIM, FOR CONSULTATION ----------------------- 25.00 DR. I. LEVINE, X-RAY SERVICES ----------------------------- 15.00NAUHEIM PHARMACY (REID AND SYNDER) FOR MEDICINES ---------- 12.05

TOTAL $112.05

IT APPEARS FROM THE ABOVE THAT YOUR SON WAS DISCHARGED FROM THE STATION HOSPITAL AT PLATTSBURG BARRACKS AUGUST 6, 1931, AS HAVING RECOVERED, AND THAT HE PROCEEDED FROM THE CAMP TO HIS HOME AUGUST 7, 1931, SUBSEQUENT TO WHICH DATE HE RECEIVED PRIVATE MEDICAL TREATMENT AS AFORESAID. IT MAY BE STATED THAT WHETHER THE DISEASE WAS CONTRACTED BY YOUR SON WHILE RETURNING HOME FROM THE TRAINING CAMP, OR RESULTED FROM HIS SICKNESS AT THE TRAINING CAMP, NEITHER THE ACT OF APRIL 26, 1928, NOR THE REGULATIONS ISSUED IN PURSUANCE OF THE STATUTE MAKE ANY PROVISION FOR THE MEDICAL TREATMENT AT GOVERNMENT EXPENSE OF A CITIZENS' MILITARY TRAINING CAMP STUDENT FOR A DISEASE CONTRACTED WHILE RETURNING HOME FROM THE TRAINING CAMP, OR FOR A CONTINUANCE, AFTER THE ENCAMPMENT, OF MEDICAL OR HOSPITAL TREATMENT AS A RESULT OF A DISEASE CONTRACTED BY HIM WHILE IN ATTENDANCE AT THE CAMP. THERE IS NO AUTHORITY OF LAW FOR REIMBURSEMENT OF THE EXPENSES INCURRED FOR YOUR SON'S ILLNESS.

THE SETTLEMENT OF FEBRUARY 12, 1932, WAS CORRECT AND NECESSARILY MUST BE SUSTAINED.