A-45364, DECEMBER 2, 1932, 12 COMP. GEN. 461

A-45364: Dec 2, 1932

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PAY - SICK - NATIONAL GUARD OFFICER WHERE AN OFFICER IN THE NATIONAL GUARD HAS RETURNED TO HIS HOME AFTER RELEASE FROM ACTIVE DUTY AND NO MEDICAL RECORD WAS MADE OF ANY ILLNESS AT TIME OF EXPIRATION OF TRAINING PERIOD. HE IS NOT ENTITLED TO PAY AND ALLOWANCES DURING A PERIOD HE IS ILL AT HIS HOME. 1932: THERE IS FOR FURTHER CONSIDERATION YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER. WHICH WAS RETURNED TO YOU WITH DECISION OF OCTOBER 29. WHEREIN YOU WERE ADVISED THAT THE CLAIM OF THIS OFFICER WAS NOT SHOWN TO BE WITHIN THE PROVISIONS OF THE ACT OF APRIL 26. THERE HAS NOT BEEN SUBMITTED A COPY OF THE ORDERS FIXING THE PERIOD OF TRAINING FOR THE NATIONAL GUARD ORGANIZATION WITH WHICH HE CLAIMS TO HAVE BEEN SERVING AT MOUNT GRETNA.

A-45364, DECEMBER 2, 1932, 12 COMP. GEN. 461

PAY - SICK - NATIONAL GUARD OFFICER WHERE AN OFFICER IN THE NATIONAL GUARD HAS RETURNED TO HIS HOME AFTER RELEASE FROM ACTIVE DUTY AND NO MEDICAL RECORD WAS MADE OF ANY ILLNESS AT TIME OF EXPIRATION OF TRAINING PERIOD, HE IS NOT ENTITLED TO PAY AND ALLOWANCES DURING A PERIOD HE IS ILL AT HIS HOME, SUFFERING FROM A DISEASE, NOT INFECTIOUS OR CONTAGIOUS, THE FIRST SYMPTOMS OF WHICH BECAME EVIDENT AFTER ARRIVAL AT HIS HOME.

COMPTROLLER GENERAL MCCARL TO COL. LEO A. LUTTRINGER, UNITED STATES PROPERTY AND DISBURSING OFFICER, PENNSYLVANIA NATIONAL GUARD, DECEMBER 2, 1932:

THERE IS FOR FURTHER CONSIDERATION YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER, IN FAVOR OF FIRST LIEUT. HARRY J. MCCAUGHIN, PENNSYLVANIA NATIONAL GUARD, IN THE AMOUNT OF $419.52, FOR PAY AND ALLOWANCES FROM JULY 31, 1932, TO SEPTEMBER 18, 1932, WHICH WAS RETURNED TO YOU WITH DECISION OF OCTOBER 29, 1932, A-45364, WHEREIN YOU WERE ADVISED THAT THE CLAIM OF THIS OFFICER WAS NOT SHOWN TO BE WITHIN THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461.

YOU NOW SUBMIT IN SUPPORT OF THE VOUCHER A COPY OF THE REPORT OF THE BOARD OF OFFICERS APPOINTED TO INQUIRE INTO THE NATURE OF THE CLAIMANT'S ILLNESS. THERE HAS NOT BEEN SUBMITTED A COPY OF THE ORDERS FIXING THE PERIOD OF TRAINING FOR THE NATIONAL GUARD ORGANIZATION WITH WHICH HE CLAIMS TO HAVE BEEN SERVING AT MOUNT GRETNA, PA., NOR IS REFERENCE THERETO MADE ON THE VOUCHER. THE VOUCHER, HOWEVER, SHOWS THAT SUCH PERIOD, FOR WHICH HE HAS RECEIVED PAY AND ALLOWANCES, WAS FROM JULY 16, 1932, TO JULY 30, 1932. THE CLAIM FOR CONTINUATION OF PAY AND ALLOWANCES IS ON ACCOUNT OF ILLNESS, DIAGNOSED AS,"RT. LOBAR PNEUMONIA," AT HIS HOME. THE BOARD REPORT SHOWS THAT CLAIMANT "COMPLAINED OF FEELING ILL JULY 29, AFTER COMING ON DUTY WITH TROOPS" AND THE CONCLUSION REACHED AUGUST 9, 1932, WAS THAT THE DISEASE FROM WHICH HE WAS SUFFERING WAS INCURRED "IN LINE OF DUTY --- BECAUSE OVERHEATED WHILE WITH HIS TROOPS AND DEVELOPED PNEUMONIA.' THE EVIDENCE ON WHICH THIS CONCLUSION IS BASED IS NOT SUBMITTED. THE CERTIFICATE OF THE MEDICAL OFFICER SHOWS THAT HE ANSWERED SICK CALL ON JULY 21, 25, AND 28, 1932, AT MOUNT GRETNA AND WAS TREATED FOR "ACUTE BRONCHITIS.' WHETHER THIS OFFICER SIGNED THE USUAL CERTIFICATE AS TO HIS PHYSICAL CONDITION WHEN HE DEPARTED FROM DUTY IS NOT SHOWN, NOR IS THE TIME OF DEPARTURE AND TIME OF ARRIVAL AT HIS HOME SHOWN. NO MEDICAL RECORD WAS MADE OF ANY ILLNESS AT TIME OF EXPIRATION OF TRAINING PERIOD AND THE OFFICER PROCEEDED TO HIS HOME IN THE USUAL MANNER. THE OFFICER DOES NOT CLAIM TO HAVE BEEN ILL AT THE CAMP BUT STATES,"I WAS TAKEN SICK WITH CHILLS AND FEVER THE EVENING OF MY RETURN FROM SUMMER ENCAMPMENT.' HE DID NOT RECEIVE MEDICAL ATTENTION FROM HIS PRIVATE PHYSICIAN UNTIL THE EVENING OF THE FOLLOWING DAY.

THE RULE IS WELL ESTABLISHED THAT WHERE AN OFFICER IS RELIEVED FROM ACTIVE DUTY AND PERMITTED TO PROCEED TO HIS HOME, HE IS NOT ENTITLED TO PAY WHILE UNDERGOING MEDICAL TREATMENT FOR A DISEASE ALLEGED TO HAVE RESULTED FROM INCIDENTS DURING HIS PERIOD OF ACTIVE DUTY, BUT THE FIRST SYMPTOMS OF WHICH BECAME EVIDENT AFTER ARRIVAL AT HIS HOME. A-27659, JUNE 27, 1929; A-31075, APRIL 7, 1930; 9 COMP. GEN. 408. CERTAIN CONTAGIOUS AND INFECTIOUS DISEASES AS TO WHICH THE PERIOD OF INCUBATION IS KNOWN AND IT CAN BE DEMONSTRATED THE OFFICER OR ENLISTED MAN CONTRACTED (I.E., WAS EXPOSED TO) THE DISEASE DURING HIS PERIOD OF DUTY ARE ON A DIFFERENT BASIS.

YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.