A-59293, DECEMBER 31, 1934, 14 COMP. GEN. 494

A-59293: Dec 31, 1934

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WHO WAS INJURED WHILE ON ACTIVE DUTY. HE IS NOT WITHIN THE PROVISIONS OF THE ACT OF APRIL 26. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LT. ON ACCOUNT OF A PERSONAL INJURY STATED TO HAVE BEEN INCURRED. THERE IS ATTACHED TO THE VOUCHER THE CERTIFICATE OF A CIVILIAN PHYSICIAN AT SYRACUSE. STATING THAT THE OFFICER WAS UNDER HIS CARE FROM JULY 1. HE WAS UNABLE TO RETURN TO HIS CIVILIAN EMPLOYMENT BEFORE OCTOBER 14. FURTHER SHOWS THAT THIS OFFICER IS EMPLOYED IN THE BUFFALO DIVISION AS AN INTERNAL REVENUE AGENT AT AN ANNUAL SALARY OF $3. HIS STATUS IN HIS CIVILIAN POSITION DURING THE PERIOD HE WAS INCAPACITATED IS STATED AS FOLLOWS: JULY 1.

A-59293, DECEMBER 31, 1934, 14 COMP. GEN. 494

PAY - INJURY - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS, WHO WAS INJURED WHILE ON ACTIVE DUTY, PROCEEDS TO HIS HOME AT THE TIME OF THE TERMINATION OF THE ENCAMPMENT, PROCURES THE SERVICES OF A CIVILIAN PHYSICIAN THEREAT, AND RESUMES HIS STATUS AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT WITH PAY, HE IS NOT WITHIN THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, AND WHEN HE HAS EXHAUSTED HIS RIGHTS TO PAY UNDER HIS CIVIL STATUS, HE CANNOT AGAIN REVERT TO A MILITARY STATUS WITH PAY UNDER THE 1928 STATUTE.

COMPTROLLER GENERAL MCCARL TO CAPTAIN M. H. FLINT, UNITED STATES ARMY, DECEMBER 31, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 18, 1934, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF FIRST LT. SAM D. RUBENSTEIN, INF.RES., UNITED STATES ARMY, IN THE AMOUNT OF $353.82, FOR PAY AND ALLOWANCES FROM SEPTEMBER 4, 1934, TO OCTOBER 13, 1934, ON ACCOUNT OF A PERSONAL INJURY STATED TO HAVE BEEN INCURRED, JUNE 29, 1934, IN LINE OF DUTY WHILE ON ACTIVE DUTY.

PARAGRAPH 5, SPECIAL ORDERS, NO. 132, HEADQUARTERS SECOND CORPS AREA, DATED JUNE 6, 1934, ORDERED LIEUTENANT RUBENSTEIN TO ACTIVE DUTY AT PLATTSBURG BARRACKS, N.Y., EFFECTIVE JUNE 17, 1934, AND DIRECTED THAT HE BE RELIEVED FROM ACTIVE DUTY IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME, SYRACUSE, N.Y., ON JUNE 30, 1934. THERE IS ATTACHED TO THE VOUCHER THE CERTIFICATE OF A CIVILIAN PHYSICIAN AT SYRACUSE, STATING THAT THE OFFICER WAS UNDER HIS CARE FROM JULY 1, 1934, TO OCTOBER 15, 1934, AND THAT DUE TO AN INJURY SUSTAINED, JUNE 29, 1934, IN AN AUTOMOBILE ACCIDENT, HE WAS UNABLE TO RETURN TO HIS CIVILIAN EMPLOYMENT BEFORE OCTOBER 14, 1934. CERTIFICATE BY THE INTERNAL REVENUE AGENT IN CHARGE OF THE BUFFALO DIVISION, FURTHER SHOWS THAT THIS OFFICER IS EMPLOYED IN THE BUFFALO DIVISION AS AN INTERNAL REVENUE AGENT AT AN ANNUAL SALARY OF $3,200, AND HIS STATUS IN HIS CIVILIAN POSITION DURING THE PERIOD HE WAS INCAPACITATED IS STATED AS FOLLOWS:

JULY 1, 1934, TO JULY 31, 1934, SICK LEAVE WITH PAY.

AUGUST 1, 1934, TO AUGUST 15, 1934, ANNUAL LEAVE WITH PAY.

AUGUST 16, 1934, TO AUGUST 27, 1934, CONFERENCE AND SURVEY WITH PAY.

AUGUST 28, 1934, TO SEPTEMBER 3, 1934, ANNUAL LEAVE WITH PAY.

SEPTEMBER 4, 1934, TO OCTOBER 13, 1934, LEAVE WITHOUT PAY.

IT IS ALSO CERTIFIED THAT A BOARD OF OFFICERS WAS CONVENED JULY 31, 1934, AT SYRACUSE, WHICH FOUND THAT THE OFFICER INCURRED A PERSONAL INJURY ON JUNE 29, 1934, IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER HIS RESERVE COMMISSION. THE REPORT OF SUCH BOARD IS NOT SUBMITTED, AND THERE APPEARS NOTHING TO SHOW THE CIRCUMSTANCES UNDER WHICH THE INJURY WAS INCURRED NOR THE FACTS RESPECTING HIS TREATMENT AND HOSPITALIZATION, IF ANY.

WHILE IT IS NOT STATED, IT IS ASSUMED THAT THE CLAIM IS MADE UNDER THE ACT OF APRIL 26, 1928, 45 STAT. 461, WHICH PROVIDES THAT---

* * * MEMBERS OF THE OFFICERS' RESERVE CORPS * * * WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS; * * * 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 CANNOT 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, * * * NO PERSON * * * SHALL BE ENTITLED TO RECEIVE, IN CONNECTION WITH SUCH INJURY OR DISEASE, PAY OR ALLOWANCE * * * FOR MORE THAN SIX MONTHS; * * *

WHERE THE RESERVE OFFICER IS ALSO EMPLOYED IN THE CIVIL SERVICE OF THE GOVERNMENT THE ACT OF 1928 DOES NOT PERMIT THE PAYMENT OF BOTH THE CIVIL PAY AND PAY UNDER THE ACT OF 1928. 3 COMP. GEN. 116.

THIS ACT CONTEMPLATES HOSPITAL TREATMENT IMMEDIATELY FOLLOWING THE INJURY, IN A GOVERNMENT HOSPITAL, AND IF NOT AVAILABLE, CIVILIAN HOSPITALIZATION, PROCURED FOR THE INJURED MEMBER BY, OR UNDER THE DIRECTION OF, THE MILITARY AUTHORITIES, AND CONTINUATION OF PAY AND ALLOWANCES ARE AUTHORIZED DURING SUCH PERIOD OF HOSPITALIZATION. WHERE THE MEMBER PROCEEDS TO HIS HOME AT THE TIME OF THE TERMINATION OF THE ENCAMPMENT, PROCURES THE SERVICES OF A CIVILIAN PHYSICIAN THEREAT, AND RESUMES HIS CIVIL STATUS WITH PAY, HE IS NOT WITHIN THE PROVISIONS OF THE STATUTE CITED. ACCORDINGLY, WHEN HE HAS EXHAUSTED HIS RIGHTS UNDER HIS CIVIL STATUS HE CANNOT THEN REVERT TO A MILITARY STATUS, UNDER THE 1928 ACT, FOR A PERIOD HE IS WITHOUT PAY IN HIS CIVIL STATUS. YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER.