A-75889, JUNE 13, 1936, 15 COMP. GEN. 1083

A-75889: Jun 13, 1936

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PAY AND ALLOWANCES - DURING DISABILITY - ARMY RESERVE OFFICER AN ARMY RESERVE OFFICER ORDERED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS WHOSE ASSIGNMENT IS EXTENDED WHILE IN THE PERFORMANCE OF DUTY UNDER AN AMBULATORY DISABILITY. IS ENTITLED TO PAY FOR THE PERIOD SO ASSIGNED. NOTWITHSTANDING THE NECESSITY FOR SUBSEQUENT HOSPITAL TREATMENT THEREFOR AND THAT SUCH PERIOD IS MORE THAN SIX MONTHS FROM THE DATE WHEN FIRST HOSPITALIZED BECAUSE OF SAID DISABILITY DURING SAID ACTIVE DUTY. 15 COMP. FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF FIRST LT. ACUTE SYMPTOMS OF WHICH ARE REPORTED BY A BOARD OF OFFICERS TO HAVE OCCURRED ON OR ABOUT SEPTEMBER 15.

A-75889, JUNE 13, 1936, 15 COMP. GEN. 1083

PAY AND ALLOWANCES - DURING DISABILITY - ARMY RESERVE OFFICER AN ARMY RESERVE OFFICER ORDERED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS WHOSE ASSIGNMENT IS EXTENDED WHILE IN THE PERFORMANCE OF DUTY UNDER AN AMBULATORY DISABILITY, IS ENTITLED TO PAY FOR THE PERIOD SO ASSIGNED, NOTWITHSTANDING THE NECESSITY FOR SUBSEQUENT HOSPITAL TREATMENT THEREFOR AND THAT SUCH PERIOD IS MORE THAN SIX MONTHS FROM THE DATE WHEN FIRST HOSPITALIZED BECAUSE OF SAID DISABILITY DURING SAID ACTIVE DUTY. 15 COMP. GEN. 216, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO CAPT. GEORGE VAN STUDDIFORD, UNITED STATES ARMY, JUNE 13, 1936:

THERE HAS BEEN RECEIVED YOUR REQUEST OF MAY 11, 1936, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF FIRST LT. CHARLES W. REED, MEDICAL RESERVE, UNITED STATES ARMY, FOR $307.65, COVERING ACTIVE DUTY PAY AND ALLOWANCES FROM MARCH 16, 1936, TO APRIL 20, 1936, WHILE UNDERGOING HOSPITALIZATION IN FITZSIMMONS GENERAL HOSPITAL FOR DISEASE DIAGNOSED AS PULMONARY TUBERCULOSIS, ACUTE SYMPTOMS OF WHICH ARE REPORTED BY A BOARD OF OFFICERS TO HAVE OCCURRED ON OR ABOUT SEPTEMBER 15, 1935.

LIEUTENANT REED WAS ORDERED TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, EFFECTIVE JULY 9, 1934, BY PARAGRAPH 24, SPECIAL ORDERS NO. 88, HEADQUARTERS, EIGHTH CORPS AREA, DATED JULY 9, 1934, FOR A PERIOD OF 6 MONTHS, AND SUCH ORDERS WERE MODIFIED BY SPECIAL ORDERS NO. 162, DECEMBER 20, 1934, NO. 73, JUNE 24, 1935, AND NO. 170, DECEMBER 4, 1935, EXTENDING HIS ASSIGNMENT TO ACTIVE DUTY CONTINUOUSLY BY PERIODS OF 6 MONTHS TO JULY 8, 1936. HE BECAME SICK WITH ACUTE PHARYNGITIS FOLLOWED BY PLEURISY ABOUT SEPTEMBER 15, 1935, WHICH LASTED ABOUT 3 WEEKS. HE RETURNED TO WORK, BUT STILL RAN AN AFTERNOON TEMPERATURE. HE PERFORMED ROUTINE DUTIES UP TO AND INCLUDING DECEMBER 9, 1935, WHEN HE TRANSFERRED TO STATION HOSPITAL, FORT SILL, OKLA. HE WAS TRANSFERRED DECEMBER 20, 1935, TO FITZSIMMONS GENERAL HOSPITAL, WHERE HE WAS UNDER OBSERVATION AND TREATMENT TO APRIL 20, 1936, ON WHICH DATE HE WAS DISCHARGED FROM THE HOSPITAL AND ALSO RELIEVED FROM FURTHER ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS.

IT APPEARS THE DEVELOPMENT OF SYMPTOMS OF TUBERCULOSIS FOLLOWED THE ATTACK OF PHARYNGITIS BUT THE DATE OF THE ONSET OF THE PULMONARY TUBERCULOSIS, FROM WHICH THE BOARD DETERMINED HE WAS SUFFERING WAS NOT DETERMINED. THE EVIDENCE OF FIRST LT. JAMES C. VAN VALIN, MEDICAL CORPS, UNITED STATES ARMY, GIVEN JANUARY 2, 1936, BEFORE THE BOARD, AND THE OPINION STATED IN HIS CLINICAL RECORD AT FITZSIMMONS GENERAL HOSPITAL, SIGNED BY CAPT. D. M. YOUNG, MEDICAL CORPS, SHOW THAT THE TIME OF THE INCIPIENCY OF THE TUBERCULOSIS CANNOT BE DEFINITELY DETERMINED, BUT THE BELIEF, BASED UPON THE HISTORY AND APPEARANCE OF THE PATIENT COMBINED WITH THE CHEST X-RAY IS EXPRESSED "THAT HE HAS HAD PULMONARY TUBERCULOSIS FOR SEVERAL YEARS" AND THAT "HE HAS HAD ACTIVE DISEASE WHICH HAS GONE UNNOTICED PROBABLY 3 OR 4 YEARS AGO.'

THE FACTS IN THIS CASE DO NOT BRING THIS CASE WITHIN THE RULE STATED IN THE DECISION OF SEPTEMBER 17, 1935, A-54325, 15 COMP. GEN. 216, REFERRED TO BY YOU, WHERE THE DISABILITY WAS THE RESULT OF AN INJURY TOTALLY INCAPACITATING THE OFFICER FOR ACTIVE DUTY WHICH OCCURRED DURING A PERIOD THAT OFFICER WAS ASSIGNED TO ACTIVE DUTY, BRINGING HIS CASE WITHIN THE PROVISIONS OF THE ACT OF APRIL 26, 1928 (45 STAT. 461), AND SETTLEMENT THEREIN WAS ON THE BASIS OF SUCH ACT. IN THE INSTANT CASE THE DISABILITY WAS DUE TO A CHRONIC DISEASE WHICH HAD ITS INCEPTION PRIOR TO HIS ASSIGNMENT TO ACTIVE DUTY. THE DISABILITY WAS AMBULATORY IN CHARACTER, AND THE OFFICER IS ENTITLED TO PAY FOR THE PERIOD HE WAS ASSIGNED TO ACTIVE DUTY. SEE A-49346, JULY 18, 1933. YOU ARE ADVISED THAT PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT. THE BOARD REPORT AND ALL ACCOMPANYING PAPERS SHOULD BE ATTACHED IN SUPPORT OF THE VOUCHER.