A-68824, JANUARY 23, 1936, 15 COMP. GEN. 653

A-68824: Jan 23, 1936

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IS NOT ENTITLED TO PAY SUBSEQUENT TO TERMINATION OF HOSPITALIZATION AFTER EXPIRATION OF FIELD TRAINING DUTY FOR THE TIME NECESSARY TO PERFORM TRAVEL TO HIS HOME. A DISEASE DIAGNOSED AS ACUTE CATARRHAL JAUNDICE AND THAT HE WAS ADMITTED TO THE POST HOSPITAL AT FORT SHERIDAN. THE SUPPLEMENTAL PAY-ROLL VOUCHER CONTAINS REMARKS TO THE EFFECT THAT THE ENLISTED MAN WAS DISCHARGED FROM TREATMENT FROM THE HOSPITAL AUGUST 21. WAS UNABLE TO REACH HIS HOME STATION. MCALISTER WAS A MEMBER OF THE ADVANCE DETACHMENT FOR THE 3-DAY PERIOD. REPORTED FOR FIELD TRAINING WITH HIS ORGANIZATION FOR THE PERIOD AUGUST 1 TO AUGUST 17 AND IS SHOWN AS A MEMBER OF THE REAR DETACHMENT FOR AUGUST 18. THE RECORDS SHOW THAT THE DISEASE WAS CONTRACTED IN LINE OF DUTY AND THE QUESTION PRESENTED IS WHETHER PAY ACCRUED FOR THE TIME NECESSARY TO PERFORM TRAVEL SUBSEQUENT TO TERMINATION OF HOSPITALIZATION UNDER THE PROVISIONS OF THE ACT OF APRIL 26.

A-68824, JANUARY 23, 1936, 15 COMP. GEN. 653

PAY - NATIONAL GUARD - HOSPITALIZATION AT FIELD TRAINING AN ENLISTED MAN OF THE NATIONAL GUARD ADMITTED TO AN ARMY POST HOSPITAL UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, FOR TREATMENT OF A DISEASE CONTRACTED IN LINE OF DUTY WHILE IN ATTENDANCE AT FIELD TRAINING, IS NOT ENTITLED TO PAY SUBSEQUENT TO TERMINATION OF HOSPITALIZATION AFTER EXPIRATION OF FIELD TRAINING DUTY FOR THE TIME NECESSARY TO PERFORM TRAVEL TO HIS HOME.

COMPTROLLER GENERAL MCCARL TO MAJ. RAIFORD PAYNE, UNITED STATES PROPERTY AND DISBURSING OFFICER, JANUARY 23, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF, NATIONAL GUARD BUREAU, YOUR LETTER OF NOVEMBER 27, 1935, TRANSMITTING SUPPLEMENTAL FIELD TRAINING PAY ROLL OF SERVICE BATTERY, TWO HUNDRED AND SIXTH COAST ARTILLERY (AA), ARKANSAS NATIONAL GUARD, COVERING THE CLAIM OF PVT. DOYLE R. MCALISTER FOR 5 DAYS' PAY OF HIS GRADE DURING THE PERIOD AUGUST 19 TO AUGUST 23, 1935, INCLUSIVE.

IT APPEARS THAT THIS ENLISTED MAN, WHILE ATTENDING THE FIELD TRAINING ENCAMPMENT WITH HIS ORGANIZATION AT FORT SHERIDAN, ILL., CONTRACTED AUGUST 5, 1935, A DISEASE DIAGNOSED AS ACUTE CATARRHAL JAUNDICE AND THAT HE WAS ADMITTED TO THE POST HOSPITAL AT FORT SHERIDAN, ILL., AUGUST 6, 1935, FOR TREATMENT. ACCORDING TO THE BOARD'S REPORT, NATIONAL GUARD BUREAU FORM NO. 60, DATED AUGUST 16, 1935, APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU, THE MEMBERS OF THE BOARD AT THAT TIME HAD NOT BEEN ADVISED AS TO THE SOLDIER'S DISCHARGE FROM TREATMENT AT THE POST HOSPITAL, FORT SHERIDAN. THE SUPPLEMENTAL PAY-ROLL VOUCHER CONTAINS REMARKS TO THE EFFECT THAT THE ENLISTED MAN WAS DISCHARGED FROM TREATMENT FROM THE HOSPITAL AUGUST 21, 1935, BUT WAS UNABLE TO REACH HIS HOME STATION, HARRISON, ARK., UNTIL AUGUST 23, 1935.

MCALISTER WAS A MEMBER OF THE ADVANCE DETACHMENT FOR THE 3-DAY PERIOD, JULY 29 TO 31; REPORTED FOR FIELD TRAINING WITH HIS ORGANIZATION FOR THE PERIOD AUGUST 1 TO AUGUST 17 AND IS SHOWN AS A MEMBER OF THE REAR DETACHMENT FOR AUGUST 18, A TOTAL OF 21 DAYS, AND HE HAS BEEN PAID FOR THIS 21-DAY PERIOD, JULY 29 TO AUGUST 18, ON VOUCHERS NOS. 222, 236, AND 237 OF YOUR AUGUST 1935 ACCOUNTS.

THE RECORDS SHOW THAT THE DISEASE WAS CONTRACTED IN LINE OF DUTY AND THE QUESTION PRESENTED IS WHETHER PAY ACCRUED FOR THE TIME NECESSARY TO PERFORM TRAVEL SUBSEQUENT TO TERMINATION OF HOSPITALIZATION UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461.

THE ACT OF APRIL 26, 1928, PROVIDES:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND WHILE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED; * * * 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, AND TO TRANSPORTATION TO THEIR HOMES AT GOVERNMENT EXPENSE WHEN DISCHARGED FROM HOSPITAL; * * * NO PERSON HOSPITALIZED UNDER THE FOREGOING PROVISIONS OF THIS SECTION ON ACCOUNT OF ANY PERSONAL INJURY SUFFERED OR DISEASE CONTRACTED SHALL BE ENTITLED TO RECEIVE, IN CONNECTION WITH SUCH INJURY OR DISEASE, PAY OR ALLOWANCE OTHER THAN HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AND TRANSPORTATION, AS HEREIN PROVIDED, FOR MORE THAN SIX MONTHS; BUT FOR ANY REMAINING PERIOD OF SUCH HOSPITALIZATION HE SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * *

UNDER THE CLEAR LANGUAGE OF THE ACT, PAY AND ALLOWANCES ARE AUTHORIZED ONLY DURING THE PERIOD OF HOSPITALIZATION, NO PAY ACCRUING THEREAFTER. YOU ARE ACCORDINGLY ADVISED THAT ON THE FACTS STATED, PRIVATE MCALISTER IS NOT ENTITLED TO PAY SUBSEQUENT TO AUGUST 21, 1935, DATE OF HIS DISCHARGE FROM THE HOSPITAL. PAYMENT OF THE VOUCHER IS AUTHORIZED FOR THE 3-DAY PERIOD, AUGUST 19 TO 21, INCLUSIVE, IF OTHERWISE CORRECT.