A-74682, MAY 20, 1936, 15 COMP. GEN. 1005

A-74682: May 20, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MEDICAL TREATMENT - RESERVE OFFICERS' TRAINING CORPS MEMBERS - ATTENDANCE AT NATIONAL RIFLE ASSOCIATION MATCHES A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WHO PARTICIPATES IN THE NATIONAL RIFLE ASSOCIATION MATCHES AND IS INJURED WHILE RETURNING FROM SUCH MATCHES IS NOT ENTITLED TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE. THERE IS REFERRED TO THIS OFFICE FOR OPINION THE QUESTION WHETHER ATTENDANCE OF A MEMBER OF THE R.O.T.C. WERE RETURNING HOME UPON A MOTORCYCLE AND SUFFERED AN ACCIDENT NEAR XENIA. IN WHICH MERCER WAS INJURED. HAS MADE INQUIRY WHETHER THE GOVERNMENT WILL REIMBURSE HIM FOR MEDICAL AND HOSPITAL EXPENSES OF HIS SON. "3. ARE FOUND IN SECTION 47A. - THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO MAINTAIN CAMPS FOR THE FURTHER PRACTICAL INSTRUCTION OF THE MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS.

A-74682, MAY 20, 1936, 15 COMP. GEN. 1005

MEDICAL TREATMENT - RESERVE OFFICERS' TRAINING CORPS MEMBERS - ATTENDANCE AT NATIONAL RIFLE ASSOCIATION MATCHES A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WHO PARTICIPATES IN THE NATIONAL RIFLE ASSOCIATION MATCHES AND IS INJURED WHILE RETURNING FROM SUCH MATCHES IS NOT ENTITLED TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MAY 20, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 29, 1936, AS FOLLOWS:

UNDER DATE OF DECEMBER 24, 1935, THE JUDGE ADVOCATE GENERAL RENDERED THE FOLLOWING OPINION:

"1. BY 4TH INDORSEMENT (AG 201-MERCER, ROBERT BOLTON (10-14-35) MISC.), DATED NOVEMBER 18, 1935, THERE IS REFERRED TO THIS OFFICE FOR OPINION THE QUESTION WHETHER ATTENDANCE OF A MEMBER OF THE R.O.T.C. AT THE NATIONAL RIFLE MATCHES CAN BE CONSIDERED AS HAVING BEEN ATTENDANCE AT A CAMP FOR THE FURTHER PRACTICAL INSTRUCTION OF THE MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, WITHIN THE MEANING OF SECTION 47A OF THE NATIONAL DEFENSE ACT (U.S.C. 10:441).

"2. IT APPEARS THAT ROBERT B. MERCER, A MEMBER OF THE R.O.T.C. AT ALABAMA POLYTECHNIC INSTITUTE, AUBURN, ALABAMA, ATTENDED THE NATIONAL RIFLE ASSOCIATION MATCHES HELD AT CAMP PERRY, OHIO, IN SEPTEMBER 1935, AS A REPRESENTATIVE OF THE FOURTH CORPS AREA. MERCER AND ANOTHER STUDENT, ROBERT J. CHANDLER, WERE RETURNING HOME UPON A MOTORCYCLE AND SUFFERED AN ACCIDENT NEAR XENIA, OHIO, IN WHICH MERCER WAS INJURED. MERCER'S FATHER, E. D. MERCER, 905 MASSEY BUILDING, BIRMINGHAM, ALABAMA, HAS MADE INQUIRY WHETHER THE GOVERNMENT WILL REIMBURSE HIM FOR MEDICAL AND HOSPITAL EXPENSES OF HIS SON.

"3. THE PROVISIONS OF LAW FOR THE HOSPITALIZATION AND MEDICAL CARE OF MEMBERS OF THE R.O.T.C. ARE FOUND IN SECTION 47A, SUPRA, OF THE NATIONAL DEFENSE ACT AND IN SECTION 6 OF THE ACT OF MARCH 4, 1923, AS AMENDED BY CHAPTER 436 (45 STAT. 461; U.S.C. 10:454), THE PERTINENT PARTS OF THOSE SECTIONS BEING AS FOLLOWS:

" "SEC. 47A. RESERVE OFFICERS' TRAINING CORPS CAMPS.--- THE SECRETARY OF WAR IS HEREBY AUTHORIZED TO MAINTAIN CAMPS FOR THE FURTHER PRACTICAL INSTRUCTION OF THE MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, * * * AND TO ADMISSION TO MILITARY HOSPITALS AT SUCH CAMPS, AND TO FURNISH MEDICAL ATTENDANCE AND SUPPLIES; * * *.'

" "SEC. 6. * * * MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS AND MEMBERS OF THE CIVILIAN TRAINING CAMPS WHO SUFFER PERSONAL INJURY IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTION 47A AND 47D OF SAID NATIONAL DEFENSE ACT AS AMENDED SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED TO HOSPITAL TREATMENT, INCLUDING MEDICAL TREATMENT, AND TRANSPORTATION TO THEIR HOMES, AND FURTHER MEDICAL TREATMENT AFTER ARRIVAL AT THEIR HOMES, AS IN THE CASE OF PERSONS HEREINBEFORE DESCRIBED, AND TO SUBSISTENCE DURING HOSPITALIZATION. * * *"

"THE PRESCRIBED REGULATION IS PUBLISHED IN PARAGRAPH 18B, AR 145-30, MAY 26, 1931.

"THE AUTHORITY FOR THE NATIONAL MATCHES AND SMALL ARMS FIRING SCHOOL IS FOUND IN SECTION 113 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF FEBRUARY 14, 1927, AS AMENDED BY THE ACT OF MAY 28, 1928 (45 STAT. 786; U.S.C. 32: 181A, 181B). THERE IS NOTHING IN THAT ACT WHICH AUTHORIZES HOSPITALIZATION AND MEDICAL TREATMENT AT GOVERNMENT EXPENSE FOR A R.O.T.C. STUDENT INJURED WHILE RETURNING HOME FROM THE SMALL ARMS FIRING SCHOOL AND NATIONAL MATCHES.

"4. THE ONLY THEORY UPON WHICH A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS INJURED WHILE RETURNING HOME FROM THE NATIONAL MATCHES WOULD BE ENTITLED TO HOSPITALIZATION AND MEDICAL TREATMENT, IS THAT THE NATIONAL MATCHES IS ONE OF THE "CAMPS FOR THE FURTHER PRACTICAL INSTRUCTION" OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS WITHIN THE MEANING OF SECTION 47A OF THE NATIONAL DEFENSE ACT, SUPRA. THE REGULATIONS GOVERNING SUCH CAMPS ARE PUBLISHED IN AR 145-30, MAY 26, 1931. IT IS CLEAR FROM THOSE REGULATIONS THAT THE NATIONAL MATCHES IS NOT ONE OF SUCH CAMPS. ACCORDINGLY MERCER IS NOT ENTITLED TO HOSPITALIZATION AND MEDICAL TREATMENT UNDER THE PROVISIONS OF THE ACTS ABOVE MENTIONED.'

AS THE QUESTION OF FINAL DETERMINATION OF THE CORRECTNESS OF AN EXPENDITURE FOR HOSPITALIZATION IN THIS CASE PROPERLY RESTS WITH YOUR OFFICE, YOUR CONCURRENCE OR NONCONCURRENCE IN THE ABOVE-QUOTED OPINION IS DESIRED, IN ORDER THAT REIMBURSEMENT IN THIS CASE MAY NOT BE DENIED UNJUSTLY.

THE APPROPRIATION FOR MEDICAL AND HOSPITAL TREATMENT FOR MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS IS NOT AVAILABLE UNLESS THEY SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND WHILE AT CAMPS OF INSTRUCTION UNDER THE PROVISIONS OF SECTION 47 (A) OF THE NATIONAL DEFENSE ACT AS AMENDED. (SEE APPROPRIATION ACT OF APRIL 9, 1935, 49 STAT. 142.) THIS OFFICE CONCURS IN THE CONCLUSION OF THE JUDGE ADVOCATE GENERAL OF THE ARMY THAT ATTENDANCE IN COMPETITION OF A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS AT THE NATIONAL RIFLE ASSOCIATION MATCHES AT CAMP PERRY, OHIO, WAS NOT ATTENDANCE AT A CAMP FOR FURTHER PRACTICAL INSTRUCTION UNDER SECTION 47 (A) OF THE NATIONAL DEFENSE ACT. THE NATIONAL MATCHES ARE NOT CONDUCTED AS A CAMP FOR THE PRACTICAL INSTRUCTION OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS BUT ARE CONDUCTED BY THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE UNDER THE AUTHORITY OF SECTION 113 OF THE NATIONAL DEFENSE ACT AND THE ANNUAL APPROPRIATION UNDER "NATIONAL BOARD FOR PROMOTION OF RIFLE PRACTICE, ARMY; " FOR THE FISCAL YEAR 1936 (49 STAT. 144). CONSEQUENTLY, A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WHO PARTICIPATES IN THE NATIONAL MATCHES AND IS INJURED WHILE RETURNING FROM SUCH MATCHES WOULD NOT BE ENTITLED TO MEDICAL AND HOSPITAL TREATMENT AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928 (45 STAT. 461) AND THE APPROPRIATION ACT OF APRIL 9, 1935 (49 STAT. 142). THEIR RIGHTS IN THIS RESPECT ARE NO DIFFERENT THAN THOSE OF CIVILIAN CONTESTANTS ATTENDING THE NATIONAL MATCHES UNDER SIMILAR CIRCUMSTANCES. YOUR QUESTION IS ANSWERED ACCORDINGLY.