A-4715, OCTOBER 3, 1924, 4 COMP. GEN. 350

A-4715: Oct 3, 1924

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MEDICAL TREATMENT - RETIRED OFFICERS AND ENLISTED MEN OF THE COAST GUARD OFFICERS AND ENLISTED MEN OF THE COAST GUARD ON THE RETIRED LIST ARE NOT ENTITLED TO MEDICAL TREATMENT BY THE PUBLIC HEALTH SERVICE. TO THE EFFECT THAT OFFICERS AND ENLISTED MEN OF THE COAST GUARD ARE ENTITLED TO MEDICAL TREATMENT BY THE PUBLIC HEALTH SERVICE UNDER THE SAME GENERAL CONDITIONS THAT OFFICERS AND MEN OF THE NAVY ARE FURNISHED MEDICAL TREATMENT BY THE MEDICAL CORPS OF THE NAVY. YOUR DECISION IS REQUESTED AS TO WHETHER OFFICERS AND MEN OF THE COAST GUARD ON THE RETIRED LIST ARE ENTITLED TO SAID MEDICAL TREATMENT. INCREASE AS ARE THEN. NO PROVISION OF LAW IS KNOWN TO THIS OFFICE AND NONE IS SUGGESTED BY YOU AUTHORIZING MEDICAL CARE AND TREATMENT OF RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY.

A-4715, OCTOBER 3, 1924, 4 COMP. GEN. 350

MEDICAL TREATMENT - RETIRED OFFICERS AND ENLISTED MEN OF THE COAST GUARD OFFICERS AND ENLISTED MEN OF THE COAST GUARD ON THE RETIRED LIST ARE NOT ENTITLED TO MEDICAL TREATMENT BY THE PUBLIC HEALTH SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, OCTOBER 3, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 13, 1924, REQUESTING DECISION AS FOLLOWS:

IN VIEW OF THE PROVISIONS OF SECTION 8 OF THE ACT OF MAY 18, 1920 (41 STAT. 603), AND OF THE DECISION OF THE COMPTROLLER OF THE TREASURY OF DECEMBER 24, 1920 (27 COMP. 573), TO THE EFFECT THAT OFFICERS AND ENLISTED MEN OF THE COAST GUARD ARE ENTITLED TO MEDICAL TREATMENT BY THE PUBLIC HEALTH SERVICE UNDER THE SAME GENERAL CONDITIONS THAT OFFICERS AND MEN OF THE NAVY ARE FURNISHED MEDICAL TREATMENT BY THE MEDICAL CORPS OF THE NAVY, YOUR DECISION IS REQUESTED AS TO WHETHER OFFICERS AND MEN OF THE COAST GUARD ON THE RETIRED LIST ARE ENTITLED TO SAID MEDICAL TREATMENT.

THE LAW REFERRED TO PROVIDES THAT OFFICERS, WARRANT OFFICERS, PETTY OFFICERS, AND OTHER ENLISTED MEN OF THE COAST GUARD SHALL RECEIVE THE SAME PAY, ALLOWANCES, AND INCREASE AS ARE THEN, THEREIN, OR THEREAFTER AUTHORIZED FOR THE CORRESPONDING GRADES OR RATINGS AND LENGTH OF SERVICE IN THE NAVY.

NO PROVISION OF LAW IS KNOWN TO THIS OFFICE AND NONE IS SUGGESTED BY YOU AUTHORIZING MEDICAL CARE AND TREATMENT OF RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY.

RETIREMENT OF OFFICERS OF THE REVENUE CUTTER SERVICE WAS PROVIDED BY THE ACT OF APRIL 12, 1902, 32 STAT. 100, AND AUTHORIZED FOR OFFICERS PLACED UPON THE RETIRED LIST 75 PERCENT OF THE DUTY PAY, SALARY, AND INCREASE OF THE RANK UPON WHICH THEY WERE RETIRED. THE ACT OF JUNE 28, 1915, 38 STAT. 802, CREATED THE COAST GUARD BY CONSOLIDATION OF THE REVENUE CUTTER SERVICE AND THE LIFE SAVING SERVICE, EXTENDED THE PROVISIONS AS TO RETIREMENT OF THE ACT OF 1902 TO THE COMMISSIONED OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE COAST GUARD AND LIMITED THE PAY TO 75 PERCENT ,OF THE DUTY PAY, SALARY, AND INCREASE OF HIS GRADE OR RATING.'

SECTION 1 OF THE ACT OF MARCH 3, 1919, 40 STAT. 1302, AUTHORIZED THE SECRETARY OF THE TREASURY TO PROVIDE ADDITIONAL HOSPITAL FACILITIES FOR THE TREATMENT OF DISCHARGED SOLDIERS, SAILORS, ETC.---

* * * AND THE FOLLOWING PERSONS ONLY: MERCHANT MARINE SEAMEN, SEAMEN ON BOATS OF THE MISSISSIPPI RIVER COMMISSION, OFFICERS AND ENLISTED MEN OF THE UNITED STATES COAST GUARD, OFFICERS AND EMPLOYEES OF THE PUBLIC HEALTH SERVICE, CERTAIN KEEPERS AND ASSISTANT KEEPERS OF THE UNITED STATES LIGHTHOUSE SERVICE, SEAMEN OF THE ENGINEER CORPS OF THE UNITED STATES ARMY, OFFICERS AND ENLISTED MEN OF THE UNITED STATES COAST AND GEODETIC SURVEY, CIVILIAN EMPLOYEES ENTITLED TO TREATMENT UNDER THE UNITED STATES EMPLOYEES' COMPENSATION ACT, AND EMPLOYEES ON ARMY TRANSPORTS NOT OFFICERS OR ENLISTED MEN OF THE ARMY, NOW ENTITLED BY LAW TO TREATMENT BY THE PUBLIC HEALTH SERVICE.

AT THE TIME OF THIS ENACTMENT PUBLIC HEALTH REGULATIONS, 1913, BY PARAGRAPH 413 INCLUDED AMONG THE BENEFICIARIES OF THE SERVICE "OFFICERS AND CREWS OF THE REVENUE CUTTER SERVICE" AND "KEEPERS AND CREWS OF THE UNITED STATES LIFE SAVING SERVICE" AND BY PARAGRAPH 444 PROVIDED:

OFFICERS OF THE REVENUE CUTTER SERVICE ON LEAVE, ON SICK LEAVE, OR RETIRED, WILL BE FURNISHED RELIEF BY THE PUBLIC HEALTH SERVICE AT MARINE HOSPITALS OWNED BY THE SERVICE AND DISPENSARIES CONDUCTED BY THE SERVICE,PROVIDED NO BILLS FOR THE SAME ARE INCURRED. * * *

THE UNIFORM AND LONG-CONTINUED PRACTICE, IT IS APPARENT, HAS BEEN TO DENY A RIGHT TO RETIRED OFFICERS OR ENLISTED MEN OF THE COAST GUARD, OR OF THE SERVICES PRECEDING THEM, TO MEDICAL TREATMENT EXCEPT WHEN ON ACTIVE DUTY. THE STATUTE UNDER WHICH THEY ARE RETIRED AUTHORIZES ONLY PAY, NO PROVISION IS MADE FOR MEDICAL TREATMENT, AND IN THE ABSENCE OF A STATUTORY PROVISION THEREFOR A REGULATION ATTEMPTING TO GIVE SUCH A RIGHT WOULD NOT BE VALID.