A-4594, SEPTEMBER 13, 1924, 4 COMP. GEN. 297

A-4594: Sep 13, 1924

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1924: I HAVE YOUR LETTER OF AUGUST 7. A MEMBER OF THE OFFICERS' RESERVE CORPS CALLED TO ACTIVE DUTY FOR THE SOLE PURPOSE OF ATTENDING A CAMP FOR INSTRUCTION OR TRAINING FOR A PERIOD OF 15 DAYS A YEAR IN TIME OF PEACE IS NOT "IN ACTIVE SERVICE IN THE MILITARY * * * FORCES OF THE UNITED STATES.'. IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT THE SAME CLASSES OF PERSONS ARE SPECIFIED AS ENTITLED TO WAR RISK INSURANCE UNDER SECTION 400 AS ARE SPECIFIED AS ENTITLED TO DISABILITY COMPENSATION UNDER SECTION 300. THIS OFFICE HAS HELD THAT ACTIVE SERVICE FOR TRAINING IN THE NAVAL RESERVE FORCE IS NOT INCLUDED WITHIN THE TERM "ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES" WITHIN THE MEANING OF THE SAID SECTION 300. 3 COMP.

A-4594, SEPTEMBER 13, 1924, 4 COMP. GEN. 297

WAR RISK INSURANCE--- OFFICERS' RESERVE CORPS OF THE ARMY NEITHER THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 409, NOR THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 624, AUTHORIZES THE ISSUANCE OF WAR RISK INSURANCE POLICIES TO MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY BASED SOLELY UPON ATTENDANCE AT A CAMP FOR INSTRUCTION OR TRAINING IN TIME OF PEACE.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, SEPTEMBER 13, 1924:

I HAVE YOUR LETTER OF AUGUST 7, 1924, REQUESTING DECISION WHETHER POLICIES OF WAR RISK INSURANCE MAY LAWFULLY BE ISSUED TO MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY WHILE ATTENDING CAMPS OF INSTRUCTION, THE "APPLICATION HAVING BEEN MADE WITHIN 120 DAYS AFTER ENTRY OF SUCH OFFICERS INTO ACTIVE SERVICE IN SUCH CAMPS.' I GATHER FROM THE ENTIRE CONTEXT OF YOUR SUBMISSION THAT YOU REFER TO THE 15-DAY PERIODS OF TRAINING OR INSTRUCTION IN TIME OF PEACE, AND NOT TO THE WAR TRAINING CAMPS.

SECTION 400 OF THE ACT OF OCTOBER 6, 1917, 40 STAT. 409, SPECIFIED THE PERSONS ENTITLED TO WAR RISK INSURANCE AS "EVERY COMMISSIONED OFFICER AND ENLISTED MAN AND TO EVERY MEMBER OF THE ARMY NURSE CORPS (FEMALE) AND OF THE NAVY NURSE CORPS (FEMALE) WHEN EMPLOYED IN ACTIVE SERVICE UNDER THE WAR DEPARTMENT OR NAVY DEPARTMENT.' SECTION 401 OF SAID ACT FIXED THE TIME FOR FILING APPLICATIONS FOR INSURANCE AS "* * * WITHIN ONE HUNDRED AND TWENTY DAYS AFTER ENLISTMENT OR AFTER ENTRANCE INTO OR EMPLOYMENT IN THE ACTIVE SERVICE AND BEFORE DISCHARGE OR RESIGNATION * * *.' SEE ALSO SECTION 300 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 624, WHICH CONTAINS BOTH OF THE QUOTED PROVISIONS FROM SECTIONS 400 AND 401 OF THE WAR RISK INSURANCE ACT.

THE QUOTED PORTION OF SECTION 401 DOES NOT EXTEND THE BENEFITS OF WAR RISK INSURANCE TO CLASSES OF PERSONS OTHER THAN THOSE SPECIFIED IN;SECTION 400, BUT MERELY FIXES THE TIME WITHIN WHICH THE APPLICATIONS FOR THE INSURANCE MUST BE FILED.

THERE WOULD APPEAR TO BE NO ROOM FOR DOUBT THAT MEMBERS OF THE OFFICERS' RESERVE CORPS DO NOT COME WITHIN ANY OF THE CLASSES MENTIONED IN SECTION 400 UNLESS THEY CAN BE REGARDED AS EMBRACED WITHIN THE TERM "EVERY COMMISSIONED OFFICER" AS USED THEREIN. SAID TERM HAS BEEN SPECIFICALLY LIMITED BY SECTION 22 (6) OF THE ACT OF OCTOBER 6, 1917, 40 STAT. 401, 402, AND SECTION 3 OF THE ACT OF JUNE 7, 1924, TO INCLUDE "ONLY AN OFFICER IN ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES.' A MEMBER OF THE OFFICERS' RESERVE CORPS CALLED TO ACTIVE DUTY FOR THE SOLE PURPOSE OF ATTENDING A CAMP FOR INSTRUCTION OR TRAINING FOR A PERIOD OF 15 DAYS A YEAR IN TIME OF PEACE IS NOT "IN ACTIVE SERVICE IN THE MILITARY * * * FORCES OF THE UNITED STATES.' IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT THE SAME CLASSES OF PERSONS ARE SPECIFIED AS ENTITLED TO WAR RISK INSURANCE UNDER SECTION 400 AS ARE SPECIFIED AS ENTITLED TO DISABILITY COMPENSATION UNDER SECTION 300, AND THIS OFFICE HAS HELD THAT ACTIVE SERVICE FOR TRAINING IN THE NAVAL RESERVE FORCE IS NOT INCLUDED WITHIN THE TERM "ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES" WITHIN THE MEANING OF THE SAID SECTION 300. 3 COMP. GEN. 688. THE SAME PRINCIPLE CONTROLLED THE DECISION WHICH YOU CITE, DENYING TREATMENT UNDER THE WAR RISK INSURANCE ACT TO A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE ARMY FOR AN INJURY SUSTAINED WHILE ATTENDING A CAMP OF INSTRUCTION. COMP. GEN. 250.

ACCORDINGLY, I AM CONSTRAINED TO HOLD THAT NEITHER THE WAR RISK INSURANCE ACT NOR THE WORLD WAR VETERANS' ACT, 1924, AUTHORIZES THE ISSUANCE OF WAR RISK INSURANCE POLICIES TO MEMBERS OF THE OFFICERS' RESERVE CORPS BASED SOLELY UPON ATTENDANCE AT A CAMP FOR INSTRUCTION OR TRAINING IN TIME OF PEACE.