A-7233, JANUARY 14, 1925, 4 COMP. GEN. 603

A-7233: Jan 14, 1925

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MEDICAL TREATMENT - NAVAL RESERVE FORCE MEMBERS IN AN INACTIVE STATUS MEMBERS OF THE NAVAL RESERVE FORCE ARE NOT ENTITLED TO MEDICAL CARE AND TREATMENT AT THE EXPENSE OF THE UNITED STATES WHILE IN AN INACTIVE STATUS. WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF COMMANDER MAYO FOR $164 PAID TO AIKEN EARL POUND. IT IS SHOWN THAT THE ABOVE-NAMED MAN ENROLLED IN THE NAVAL COAST DEFENSE RESERVE OF THE NAVAL RESERVE FORCE ON MAY 23. THAT UPON HIS ENROLLMENT HE WAS SENT HOME TO AWAIT ORDERS. THAT IS. WAS NOT PLACED ON ACTIVE DUTY. WHILE AT HOME HE WAS STRICKEN WITH APPENDICITIS AND WAS OPERATED UPON IN A PRIVATE HOSPITAL IN COLUMBIA. WHEN IT WAS LEARNED THAT HE WAS SICK IN HOSPITAL HIS ORDERS WERE CANCELED.

A-7233, JANUARY 14, 1925, 4 COMP. GEN. 603

MEDICAL TREATMENT - NAVAL RESERVE FORCE MEMBERS IN AN INACTIVE STATUS MEMBERS OF THE NAVAL RESERVE FORCE ARE NOT ENTITLED TO MEDICAL CARE AND TREATMENT AT THE EXPENSE OF THE UNITED STATES WHILE IN AN INACTIVE STATUS.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 14, 1925:

COMMANDER F. G. PYNE, NAVY DISBURSING OFFICER, AS CUSTODIAN OF THE RETAINED RECORDS OF COMMANDER C. G. MAYO (S.C.), UNITED STATES NAVY, HAS APPLIED FOR REVIEW OF SETTLEMENT NO. M-1736-N, DATED OCTOBER 8, 1923, WHEREIN CREDIT WAS DISALLOWED IN THE ACCOUNTS OF COMMANDER MAYO FOR $164 PAID TO AIKEN EARL POUND, EX-SEAMAN, SECOND CLASS, U.S.N.R.F., AS REIMBURSEMENT FOR COST OF MEDICAL AND HOSPITAL TREATMENT INCURRED WHILE AT HOME, STATED AS "FOR THE CONVENIENCE OF THE GOVERNMENT.'

IT IS SHOWN THAT THE ABOVE-NAMED MAN ENROLLED IN THE NAVAL COAST DEFENSE RESERVE OF THE NAVAL RESERVE FORCE ON MAY 23, 1918, AT COLUMBIA, S.C., TO SERVE FOR FOUR YEARS, AND THAT UPON HIS ENROLLMENT HE WAS SENT HOME TO AWAIT ORDERS; THAT IS, WAS NOT PLACED ON ACTIVE DUTY. WHILE AT HOME HE WAS STRICKEN WITH APPENDICITIS AND WAS OPERATED UPON IN A PRIVATE HOSPITAL IN COLUMBIA, S.C., WHERE HE REMAINED FOR THE PERIOD JUNE 28 TO JULY 14, 1918. ON JULY 5, 1918, HE RECEIVED ORDERS ASSIGNING HIM TO ACTIVE DUTY, BUT WHEN IT WAS LEARNED THAT HE WAS SICK IN HOSPITAL HIS ORDERS WERE CANCELED, AND ON JUNE 1, 1920, HE WAS DISENROLLED BY REASON OF NEVER HAVING BEEN CALLED TO ACTIVE DUTY. THE ILLNESS WAS APPARENTLY NEVER REPORTED TO THE BUREAU OF MEDICINE AND SURGERY. ON OCTOBER 12, 1922, HE MADE CLAIM FOR REIMBURSEMENT OF HIS MEDICAL AND HOSPITAL TREATMENT, WHICH WAS PAID ON NOVEMBER 3, 1922, BY COMMANDER MAYO.

THE ACT OF AUGUST 29, 1916, 39 STAT. 588, ESTABLISHING THE NAVAL RESERVE FORCE, PROVIDES, IN PART, AS FOLLOWS:

ENROLLED MEMBERS OF THE NAVAL RESERVE FORCE SHALL BE SUBJECT TO THE LAWS, REGULATIONS, AND ORDERS FOR THE GOVERNMENT OF THE REGULAR NAVY ONLY DURING SUCH TIME AS THEY MAY BY LAW BE REQUIRED TO SERVE IN THE NAVY, IN ACCORDANCE WITH THEIR OBLIGATIONS, AND WHEN ON ACTIVE SERVICE AT THEIR OWN REQUEST AS HEREIN PROVIDED, AND WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH ACTIVE SERVICE IN THE NAVY. * * *

ALL MEMBERS OF THE NAVAL RESERVE FORCE SHALL, WHEN ACTIVELY EMPLOYED AS SET FORTH IN THIS ACT, BE ENTITLED TO THE SAME PAY, ALLOWANCES, GRATUITIES, AND OTHER EMOLUMENTS AS OFFICERS AND ENLISTED MEN OF THE NAVAL SERVICE ON ACTIVE DUTY OF CORRESPONDING RANK OR RATING AND OF THE SAME LENGTH OF SERVICE. WHEN NOT ACTIVELY EMPLOYED IN THE NAVY, MEMBERS OF THE NAVAL RESERVE FORCE SHALL NOT BE ENTITLED TO ANY PAY, BOUNTY, GRATUITY, OR PENSION EXCEPT AS EXPRESSLY PROVIDED FOR MEMBERS OF THE NAVAL RESERVE FORCE BY THE PROVISIONS OF THIS ACT.

POUND WAS NEVER ACTIVELY EMPLOYED IN THE NAVY. HE WAS NOT ENLISTED IN THE REGULAR NAVY BUT ENROLLED IN THE NAVAL RESERVE FORCE, AND WHATEVER THE RIGHTS OF AN ENLISTED MAN IN THE NAVY MAY HAVE BEEN IN THE CIRCUMSTANCES, POUND WAS ENTITLED TO RECEIVE ONLY SUCH EMOLUMENT OR REIMBURSEMENT AS IS SPECIFICALLY PROVIDED IN THE ACT OF AUGUST 29, 1916, AND UNDER THE CONDITIONS THERE PRESCRIBED. THE ACT ESTABLISHING THE NAVAL RESERVE FORCE DOES NOT PROVIDE FOR REIMBURSEMENT OF THE COST OF MEDICAL AND HOSPITAL TREATMENT TO MEMBERS OF THE NAVAL RESERVE FORCE ON INACTIVE STATUS BUT SPECIFICALLY PROVIDES THAT WHEN NOT ON ACTIVE DUTY THEY "SHALL NOT BE ENTITLED TO ANY PAY, BOUNTY, GRATUITY, OR PENSION," EXCEPT AS PROVIDED IN THE ACT, AND THE ONLY PROVISION APPLICABLE IS FOR RETAINER PAY.

PAYMENT TO HIM AS REIMBURSEMENT OF COST OF MEDICAL TREATMENT WAS THEREFORE UNAUTHORIZED.