A-63958, AUGUST 29, 1935, 15 COMP. GEN. 160

A-63958: Aug 29, 1935

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MEDICAL AND HOSPITAL TREATMENT - NAVY PERSONNEL WHETHER AN OFFICER OR AN ENLISTED MAN OF THE NAVY IS ON LEAVE OF ABSENCE OR ON DUTY WHEN HE BECOMES ILL OR IS INJURED. THERE IS SUBMITTED HEREWITH BILLS OF THE CHIEF OF FINANCE. THERE IS SOME DOUBT AS TO THE STATUS OF ENLISTED MEN WHO APPLY FOR AND ARE GIVEN TREATMENT IN ARMY HOSPITALS UNDER ABOVE CONDITIONS. IT IS REQUESTED THAT THESE BILLS BE REFERRED TO THE COMPTROLLER GENERAL FOR DECISION AS TO WHETHER THESE ACCOUNTS ARE PROPERLY PAYABLE FROM THE FUNDS OF THE MEDICAL DEPARTMENT OF THE NAVY. ARE NOT ENTITLED TO MEDICAL TREATMENT AT GOVERNMENT EXPENSE DURING SUCH ABSENCE. SUCH AS THE FOLLOWING: WHERE THE MAN IS SUFFERING FROM A CONTAGIOUS DISEASE.

A-63958, AUGUST 29, 1935, 15 COMP. GEN. 160

MEDICAL AND HOSPITAL TREATMENT - NAVY PERSONNEL WHETHER AN OFFICER OR AN ENLISTED MAN OF THE NAVY IS ON LEAVE OF ABSENCE OR ON DUTY WHEN HE BECOMES ILL OR IS INJURED, HE MAY BE ADMITTED TO A NAVAL OR OTHER GOVERNMENT HOSPITAL, AND EXPENSES OF HOSPITAL SERVICE SO FURNISHED HIM BY OTHER GOVERNMENT HOSPITALS MAY BE PAID FOR UNDER THE HOSPITAL FUND OF THE NAVY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 29, 1935:

BY YOUR THIRD ENDORSEMENT OF JULY 18, 1935, THERE HAS BEEN RECEIVED LETTER FROM THE CHIEF, BUREAU OF MEDICINE AND SURGERY, AS FOLLOWS: SUBJECT: TREATMENT OF NAVY PERSONNEL IN ARMY HOSPITALS; BILLS FOR. REFERENCES: (A) ARTICLE 1189, N.R.

(B) COMP. GEN. DEC. NO. A-43957, AUGUST 27, 1932.

(C) ARTICLE 1204, N.R.

(D) M AND S FORM LETTER TO ALL NAVAL HOSPITALS,

NO. P3-2/NH/074), FEBRUARY 12, 1934.

(E) CHIEF OF FINANCE ACCOUNTS NOS. HF-42015 FOR $40.30 AND

B-42015 FOR $199.70. ENCLOSURES: (A) REFERENCE "E" WITH STATEMENTS ATTACHED.

(B) NMS-U REPORTS IN THE CASES OF WAYNE HENRY BROOKS,

S-2C., AND JOHNIE THOMAS WILLS, F-2C., U.S.N.

(C) COPY OF BU. M AND S FORM LETTER TO ALL NAVAL HOSPITALS

NO. P3-2/NH/074), FEBRUARY 12, 1934.

1. THERE IS SUBMITTED HEREWITH BILLS OF THE CHIEF OF FINANCE, WAR DEPARTMENT, COVERING CHARGES FOR TREATMENT IN THE STATION HOSPITAL, FORT SAM HOUSTON, TEXAS, OF ENLISTED MEN OF THE NAVY WHILE ON LEAVE OF ABSENCE AND AWAY FROM THEIR POST OF DUTY. OWING TO NEW REGULATIONS AND INSTRUCTIONS CONCERNING TREATMENT OF NAVY PERSONNEL IN GOVERNMENT HOSPITALS, OTHER THAN NAVY, THERE IS SOME DOUBT AS TO THE STATUS OF ENLISTED MEN WHO APPLY FOR AND ARE GIVEN TREATMENT IN ARMY HOSPITALS UNDER ABOVE CONDITIONS, AND IN ORDER THAT THIS AMBIGUITY MAY BE REMOVED, IT IS REQUESTED THAT THESE BILLS BE REFERRED TO THE COMPTROLLER GENERAL FOR DECISION AS TO WHETHER THESE ACCOUNTS ARE PROPERLY PAYABLE FROM THE FUNDS OF THE MEDICAL DEPARTMENT OF THE NAVY, ATTENTION BEING INVITED TO THE FOLLOWING COMMENTS.

2. IT HAS LONG BEEN HELD THAT ENLISTED MEN OF THE NAVY, WHILE ON LEAVE OF ABSENCE FOR THEIR OWN CONVENIENCE OR PLEASURE AND AWAY FROM THEIR POSTS OF DUTY, ARE NOT ENTITLED TO MEDICAL TREATMENT AT GOVERNMENT EXPENSE DURING SUCH ABSENCE, WITH CERTAIN EXCEPTIONS, SUCH AS THE FOLLOWING: WHERE THE MAN IS SUFFERING FROM A CONTAGIOUS DISEASE, PROBABLY CONTRACTED WHILE ON DUTY; IN CASES WHERE THE CIRCUMSTANCES SUGGEST A POSSIBLE EVASION OF ENLISTED OBLIGATION; REPORTING OF A MAN TO A NAVAL STATION AND RELINQUISHING THE BALANCE OF HIS LEAVE; (C.G.D. NO. A-38948, DECEMBER 18, 1931); TREATMENT IN GOVERNMENT HOSPITALS OTHER THAN NAVAL (REF. B).

3. IN THE TWO CASES ATTACHED THE ENLISTED MEN WERE ON LEAVE OF ABSENCE AND WERE ADMITTED TO THE ARMY HOSPITAL ON THEIR OWN REQUEST, WITHOUT PRIOR AUTHORITY OR SUBSEQUENT APPROVAL OF THE NAVY DEPARTMENT. THE ONE CASE WAS THE RESULT OF AN AUTOMOBILE ACCIDENT THAT OCCURRED THREE DAYS AFTER THE MAN WENT ON LEAVE; IN THE OTHER CASE, THE MAN WAS ADMITTED WITH PNEUMONIA, BRONCHO, TWO DAYS AFTER LEAVING HIS SHIP, THE REPORT INDICATING THE ILLNESS WAS PROBABLY CONTRACTED WHILE ON DUTY.

4. INFORMATION IS ACCORDINGLY REQUESTED AS TO WHETHER THE EXPENSE OF TREATMENT OF ENLISTED MEN OF THE NAVY AND MARINE CORPS ADMITTED TO ARMY OR OTHER GOVERNMENT HOSPITALS AT THEIR OWN REQUEST WHILE ON LEAVE OF ABSENCE, MAY BE DEFRAYED BY THE NAVY DEPARTMENT, AND AS TO THE STATUS OF OFFICERS UNDER THE SAME CONDITIONS.

YOU STATE IN YOUR INDORSEMENT:

2. IN CONNECTION WITH THE ABOVE, PARTICULAR ATTENTION IS INVITED TO THE ATTACHED REQUEST OF THE CHIEF OF FINANCE, U.S. ARMY, DATED APRIL 16, 1935, TO THE EFFECT THAT REIMBURSEMENT IN THE AMOUNT OF $40.30, COVERING CHARGES FOR SUBSISTENCE FURNISHED THE TWO ENLISTED MEN REFERRED TO IN THE ATTACHED CORRESPONDENCE, BE MADE PURSUANT TO THE PROVISIONS OF SECTION 601 OF THE ACT APPROVED JUNE 30, 1932 (47 STAT. 417; 31 U.S.C., SUPP. VII,SECTION 686), AND TO THE FURTHER REQUEST OF THE SAME DATE RELATIVE TO EXPENSES OF HOSPITALIZATION OF THESE TWO MEN.

ONE OF THE MEN IN QUESTION, WAYNE HENRY BROOKS, SEAMAN, SECOND CLASS, UNITED STATES NAVY, ATTACHED TO THE NAVAL TRAINING STATION, SAN DIEGO, CALIF., WAS ON LEAVE (EXTENDING FROM FEBRUARY 13 TO MARCH 1, 1935), AT HIS HOME, 406 MONTANA STREET, SAN ANTONIO, TEX., WHEN HE APPLIED FOR AND WAS ADMITTED TO THE ARMY STATION HOSPITAL, FORT SAM HOUSTON, TEX. HE REMAINED UNDER TREATMENT FROM FEBRUARY 15 TO MARCH 17, 1935. HIS HOSPITALIZATION APPARENTLY WAS AUTHORIZED BY HIS COMMANDING OFFICER.

THE OTHER MAN, JOHNIE THOMAS WILLS, SEAMAN, SECOND CLASS, UNITED STATES NAVY, ATTACHED TO THE U.S.S. LEXINGTON, WAS ON AUTHORIZED LEAVE EXTENDING FROM DECEMBER 15, 1934, TO JANUARY 14, 1935, WHEN HE WAS INJURED IN AN AUTOMOBILE ACCIDENT AND TAKEN TO THE ARMY STATION HOSPITAL, FORT SAM HOUSTON, TEX., WHILE UNCONSCIOUS. HIS HOSPITALIZATION APPARENTLY WAS NOT REQUESTED BY NAVAL AUTHORITIES. HE WAS TREATED FROM DECEMBER 18, 1934, TO JANUARY 21, 1935; THE TOTAL CHARGE FOR THE HOSPITALIZATION OF THESE MEN IS BILLED AS 64 PATIENT DAYS AT $3.75 PER DAY, $240; INCLUDING $40.30 FOR SUBSISTENCE. IN SUBMITTING THE BILL TO THE BUREAU OF SUPPLIES AND ACCOUNTS THE CHIEF OF FINANCE, ARMY, STATED:

PURSUANT TO SECTION 601 OF THE ACT APPROVED JUNE 30, 1932 (47 STAT. 417), REIMBURSEMENT IS REQUESTED IN THE AMOUNT OF $40.30, COVERING CHARGES FOR SUBSISTENCE FURNISHED NAVAL PERSONNEL WHILE RECEIVING HOSPITALIZATION AT STATION HOSPITAL, FORT SAM HOUSTON, TEXAS, DURING DECEMBER 1934, JANUARY, FEBRUARY, AND MARCH 1935, AS PER THE ATTACHED STATEMENT.

SECTION 601 OF THE ACT APPROVED JUNE 30, 1932, 47 STAT. 417, AMENDS SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, PROVIDING THAT WHEN A BUREAU OR DEPARTMENT OF THE GOVERNMENT FURNISHES STORES AND MATERIAL OR PERFORMS SERVICE FOR ANOTHER BUREAU OR DEPARTMENT OF THE GOVERNMENT, IT SHALL BE REIMBURSED FROM THE FUNDS OF THE BUREAU OR DEPARTMENT FOR WHICH THE STORES, MATERIALS, OR SERVICES WERE FURNISHED.

THE NAVY AND ARMY REGULATIONS PROVIDE FOR RECIPROCAL HOSPITALIZATION SERVICE. ARTICLE 1204, NAVY REGULATIONS. PARAGRAPHS 2112 AND 2113, MANUAL OF THE MEDICAL DEPARTMENT, NAVY, PROVIDE:

2112. ADMISSION OF NAVY PATIENTS TO ARMY HOSPITALS.--- OFFICERS AND ENLISTED MEN OF THE NAVY AND MARINE CORPS WILL BE ADMITTED TO ANY ARMY HOSPITAL ON THE REQUEST OF THEIR IMMEDIATE COMMANDING OFFICERS, AND THEY MAY BE ADMITTED ON THEIR OWN REQUEST, THEIR COMMANDING OFFICERS NOT BEING PRESENT, IF IN THE OPINION OF THE COMMANDING OFFICER OF THE HOSPITAL OR SURGEON OF THE STATION SUCH ADMISSION IS NECESSARY.

2113. PAYMENTS FOR NAVY PATIENTS IN ARMY HOSPITALS.--- SUBSISTENCE AND MEDICINE CHARGES IN THESE CASES WILL BE BILLED BY THE COMMANDING OFFICERS OF THE HOSPITALS OR SURGEONS OF THE STATIONS DIRECTLY TO THE BUREAU OF MEDICINE AND SURGERY IN THE NAVY DEPARTMENT IN SUCH FORM AS THAT BUREAU MAY FROM TIME TO TIME REQUIRE, ACCOMPANIED IN EACH CASE BY THE ORIGINAL REQUEST FOR ADMISSION, IF THE SAME WAS IN WRITING, OR AN EXPLANATION OF THE CIRCUMSTANCES, IF ADMISSION WAS NOT MADE IN PURSUANCE OF A WRITTEN REQUEST.

THE ESTABLISHED RULE THAT ENLISTED MEN OR OFFICERS OF THE NAVY WHILE ON LEAVE OF ABSENCE AND AWAY FROM THEIR POST OF DUTY ARE NOT ENTITLED TO MEDICAL TREATMENT AT GOVERNMENT EXPENSE, IS LIMITED TO MEDICAL TREATMENT PROCURED FROM PRIVATE SOURCES AND DOES NOT APPLY TO MEDICAL TREATMENT THAT MAY BE FURNISHED THEM IN KIND FROM NAVY OR OTHER GOVERNMENT FACILITIES. WHETHER AN OFFICER OR AN ENLISTED MAN OF THE NAVY IS ON LEAVE OF ABSENCE OR ON DUTY WHEN HE BECOMES ILL OR INJURED, HE MAY BE ADMITTED TO A NAVAL OR OTHER GOVERNMENT HOSPITAL. A-38948, DECEMBER 18, 1931; A-43957, AUGUST 27, 1932. WHILE A PORTION OF THE BILL COVERS SUBSISTENCE AND ENLISTED MEN ARE NOT ENTITLED TO A RATION OR COMMUTATION THEREOF WHEN ON LEAVE OF ABSENCE, 7 COMP. GEN. 781, SUBSISTENCE OF A PATIENT IN HOSPITAL HAS BEEN HERETOFORE TREATED AS A PART OF HOSPITALIZATION. 14 COMP. DEC. 559.

ACCORDINGLY, YOU ARE ADVISED THAT THE BILLS OF THE STATION HOSPITAL, FORT SAM HOUSTON, TEX., FOR HOSPITAL SERVICES RENDERED THESE MEN, IF OTHERWISE CORRECT, MAY BE PAID FROM FUNDS OF THE MEDICAL DEPARTMENT OF THE NAVY. THIS RULE APPLIES EQUALLY TO NAVY OFFICERS UNDER THE SAME STATUS AND CONDITION.