A-87499, JULY 16, 1937, 17 COMP. GEN. 44

A-87499: Jul 16, 1937

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IS NOT AVAILABLE FOR PAYMENT OF MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD. IS NOT AVAILABLE FOR PAYMENT WHERE THE DISEASE WAS CONTRACTED "NOT IN LINE OF Y.'. 1937: THERE HAVE BEEN RECEIVED AN INVOICE FROM THE HARRISBURG HOSPITAL. IT IS REQUESTED THAT THIS HEADQUARTERS BE INFORMED WHETHER OR NOT THE ACCOUNTS REFERRED TO IN BASIC COMMUNICATION. MORRIS WAS NOT IN LINE OF DUTY. 2.THE INITIAL DIAGNOSIS IN THIS CASE WAS "PROBABLE APPENDICITIS" AS EVIDENCED BY THE MEDICAL BOARD REPORT NGR FORM 60. AUTHORITY FOR THIS TRANSFER WAS GRANTED BY THE NATIONAL GUARD BUREAU UNDER DATE OF SEPTEMBER 4. CONVENED TO DETERMINE WHETHER OR NOT HIS CONDITION WAS SUCH AS TO PERMIT HIS DISCHARGE FROM THE HOSPITAL.

A-87499, JULY 16, 1937, 17 COMP. GEN. 44

MEDICAL TREATMENT - DISEASE "NOT IN LINE OF DUTY" - NATIONAL GUARD MEMBERS - DISTRICT OF COLUMBIA APPROPRIATION AVAILABILITY THE APPROPRIATION FOR THE "MILITIA" IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1937, 49 STAT. 1883, IS NOT AVAILABLE FOR PAYMENT OF MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD, NOTWITHSTANDING THE APPROPRIATION "NATIONAL GUARD" IN THE WAR DEPARTMENT APPROPRIATION ACT OF MAY 15, 1936, 49 STAT. 1298, PROVIDING FOR "MEDICAL AND HOSPITAL TREATMENT AUTHORIZED BY LAW" IN CONNECTION WITH FIELD, ETC., TRAINING OF THE NATIONAL GUARD GENERALLY, IS NOT AVAILABLE FOR PAYMENT WHERE THE DISEASE WAS CONTRACTED "NOT IN LINE OF Y.'

ACTING COMPTROLLER GENERAL ELLIOTT TO COLONEL JOHN W. OEHMANN, DISTRICT OF COLUMBIA NATIONAL GUARD, JULY 16, 1937:

THERE HAVE BEEN RECEIVED AN INVOICE FROM THE HARRISBURG HOSPITAL, HARRISBURG, PA., FOR $42, COVERING HOSPITAL TREATMENT OF JULIUS MORRIS, FIRST SERGEANT, 29TH MILITARY POLICE COMPANY, SPECIAL TROOPS, 29TH DIVISION, DISTRICT OF COLUMBIA NATIONAL GUARD, FOR THE PERIOD AUGUST 23 TO SEPTEMBER 5, 1936, AND PUBLIC VOUCHERS IN FAVOR OF THE HOSPITAL FUND, WALTER REED GENERAL HOSPITAL, IN THE AGGREGATE SUM OF $18.26, FOR COMMUTATION OF RATIONS COVERING THE PERIOD SEPTEMBER 5, TO OCTOBER 2, 1936, TRANSMITTED WITH YOUR SECOND INDORSEMENT, DATED JUNE 16, 1937, AS FOLLOWS:

1. IT IS REQUESTED THAT THIS HEADQUARTERS BE INFORMED WHETHER OR NOT THE ACCOUNTS REFERRED TO IN BASIC COMMUNICATION, I.E., HARRISBURG HOSPITAL BILL IN AMOUNT $42.00 AND WALTER REED GENERAL HOSPITAL BILLS, TOTALING $18.26 IN THE CASE OF 1ST SGT. JULIUS MORRIS, 29TH MILITARY POLICE COMPANY, MAY BE PAID FROM THE APPROPRIATION FOR THE "MILITIA," CONTAINED IN THE ANNUAL DISTRICT APPROPRIATION ACT, IN VIEW OF THE FACT THAT THE WAR DEPARTMENT HAS REVERSED ITS ACTION IN DETERMINING THAT THE DISABILITY OF SGT. MORRIS WAS NOT IN LINE OF DUTY.

2.THE INITIAL DIAGNOSIS IN THIS CASE WAS "PROBABLE APPENDICITIS" AS EVIDENCED BY THE MEDICAL BOARD REPORT NGR FORM 60, DATED AUGUST 16, 1936, ATTACHED HERETO AS "INCLOSURE NO. 1.'

3.UNDER DATE OF SEPTEMBER 4, 1936, FOLLOWING THE CLOSE OF THE ENCAMPMENT OF HIS ORGANIZATION, THIS HEADQUARTERS REQUESTED THE NATIONAL GUARD BUREAU OF THE WAR DEPARTMENT TO AUTHORIZE THE TRANSFER OF SGT. MORRIS FROM THE HARRISBURG HOSPITAL, HARRISBURG, PENNSYLVANIA, TO WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., IN ORDER TO REDUCE THE COST OF HIS HOSPITALIZATION TO THE GOVERNMENT. AUTHORITY FOR THIS TRANSFER WAS GRANTED BY THE NATIONAL GUARD BUREAU UNDER DATE OF SEPTEMBER 4, 1936, 1ST INDORSEMENT ON THE ABOVE MENTIONED COMMUNICATION, FILE 705-DC-6, TRANSMITTED HEREWITH AS "INCLOSURE NO. 5.' UPON THE DISCHARGE OF SGT. MORRIS FROM WALTER REED HOSPITAL, A BOARD OF OFFICERS AT THAT HOSPITAL, CONVENED TO DETERMINE WHETHER OR NOT HIS CONDITION WAS SUCH AS TO PERMIT HIS DISCHARGE FROM THE HOSPITAL, DETERMINED AMONG OTHER THINGS THAT HIS CONDITION WAS "NOT IN LINE OF DUTY, NOT DUE TO MISCONDUCT, EXISTED PRIOR TO PERIOD OF ENCAMPMENT.'

4. MEDICAL OFFICERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD INFORM THIS HEADQUARTERS THAT SGT. MORRIS MAY HAVE HAD A STOMACH ULCER WHEN HE WENT TO CAMP, BUT THAT IT WAS NOT RUPTURED AND THAT IT IS HIGHLY PROBABLE THAT CAMP DUTY, THE INCREASED PHYSICAL ACTIVITY REQUIRED, AND THE CHANGE IN HIS DIET AND METHOD OF LIVING, CAUSED A RUPTURE OF THE ULCER. THE RUPTURED ULCER WAS NOT DISCOVERED UNTIL AN OPERATION WAS PERFORMED ON SGT. MORRIS.

5. IN VIEW OF THE DECISION OF THE WAR DEPARTMENT THAT THEIR FUNDS ARE NOT AVAILABLE, UNDER THE PROVISIONS OF NGR 62, FOR PAYMENT OF HOSPITALIZATION OF SGT. MORRIS FOLLOWING ENCAMPMENT OF HIS ORGANIZATION, IT IS BELIEVED THAT DISTRICT OF COLUMBIA FUNDS SHOULD BE UTILIZED TO PAY CHARGES IN THIS CASE. HOWEVER, PRIOR TO SUBMITTING THE ACCOUNTS FOR PAYMENT BY THE DISBURSING OFFICER OF THE MILITIA OF THE DISTRICT OF COLUMBIA, DECISION IN THIS MATTER IS REQUESTED.

6. THIS DECISION IS REQUESTED BY THE UNDERSIGNED AS COMMANDING OFFICER OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, UNDER THE PROVISIONS OF THE APPROPRIATION ACT, WHICH STATES THAT THE FUNDS ARE "TO BE EXPENDED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL (COMMANDING OFFICER).' CONSEQUENTLY, THIS REQUEST IS NOT SUBMITTED THROUGH THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, OR THROUGH THE SECRETARY OF WAR.

IT APPEARS FROM THE REPORT OF THE BOARD OF OFFICERS DATED AUGUST 16, 1936, EXECUTED ON NGR FORM 60, AND APPROVED AUGUST 29, 1936, BY THE CHIEF, NATIONAL GUARD BUREAU, THAT FIRST SGT. JULIUS MORRIS, WHILE IN ATTENDANCE AT THE ENCAMPMENT AT INDIANTOWN GAP, PA., SCHEDULED FOR THE PERIOD AUGUST 8 TO AUGUST 22, 1936, AS A MEMBER OF THE TWENTY-NINTH MILITARY POLICE CO., DISTRICT OF COLUMBIA NATIONAL GUARD, ON AUGUST 16, 1936, COMPLAINED OF "PAIN RIGHT LOWER QUADRANT OVER MCBURNEY'S POINT-- INTENSE PAIN AND TENDERNESS ON PALPATION," AT THAT TIME DIAGNOSED AS ,PROBABLE APPENDICITIS; " THAT IN THE OPINION OF THE BOARD OF OFFICERS, WHICH INCLUDED TWO MEDICAL OFFICERS, THE DISEASE WAS CONTRACTED IN LINE OF DUTY. THE ENLISTED MAN APPEARS TO HAVE BEEN SENT TO THE ONE HUNDRED AND FOURTH MEDICAL REGIMENT AND THEN TO THE HARRISBURG HOSPITAL, HARRISBURG, ., AUGUST 16, 1936.

IN ACCORDANCE WITH THE REQUEST OF THE ASSISTANT ADJUTANT GENERAL OF THE DISTRICT OF COLUMBIA NATIONAL GUARD, DATED SEPTEMBER 4, 1936, THE CHIEF, NATIONAL GUARD BUREAU, AUTHORIZED THE TRANSFER OF FIRST SGT. MORRIS TO WALTER REED GENERAL HOSPITAL, AND IT APPEARS FROM THE PAPERS THAT SUCH TRANSFER WAS EFFECTED SEPTEMBER 5, 1936, WHERE THE PATIENT APPARENTLY REMAINED UNTIL OCTOBER 2, 1936.

THE INVOICE AND VOUCHERS, ACCOMPANIED BY THE BOARD'S REPORT HEREINBEFORE REFERRED TO, WERE FORWARDED TO THE CHIEF, NATIONAL GUARD BUREAU, BY A LETTER FROM THE ADJUTANT GENERAL OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, JUNE 3, 1937, AND BY A FIRST ENDORSEMENT FROM THE CHIEF, NATIONAL GUARD BUREAU, DATED JUNE 7, 1937, IT WAS STATED:

IT IS REGRETTED FAVORABLE ACTION CANNOT BE TAKEN ON THE INCLOSED BILLS COVERING SERVICES RENDERED SERGEANT JULIUS MORRIS; HIS CASE COMES WITHIN THE PROVISIONS OF PARAGRAPH 5G (1), NGR 62.

WHEN AUTHORITY FOR SERGEANT MORRIS' TRANSFER FROM HARRISBURG HOSPITAL TO WALTER REED GENERAL HOSPITAL WAS GIVEN UNDER DATE OF SEPTEMBER 4, 1936, IT WAS ON THE BASIS OF THE DIAGNOSIS AND LINE OF DUTY FINDING ON BOARD REPORT DATED AUGUST 16, 1936. HOWEVER, THE LINE OF DUTY FINDING IN HIS CASE HAD TO BE CHANGED TO READ "NOT IN LINE OF DUTY, NOT DUE TO MISCONDUCT, EXISTED PRIOR TO ENCAMPMENT," ON THE STRENGTH OF THE BOARD REPORT RECEIVED FROM WALTER REED GENERAL HOSPITAL AS AN INCLOSURE TO LETTER DATED OCTOBER 6, 1936.

THE REPORT OF THE BOARD OF OFFICERS AT WALTER REED GENERAL HOSPITAL WAS NOT INCLUDED AS AN ENCLOSURE WITH YOUR SUBMISSION, BUT THE QUOTED FIRST ENDORSEMENT OF JUNE 7, 1937, IN THE NATURE OF A DISAPPROVAL OF PAYMENT FROM WAR DEPARTMENT FUNDS INDICATES THAT THE REPORT OF THE WALTER REED GENERAL HOSPITAL CONTAINED SUFFICIENT AND PROPER BASIS FOR THE WAR DEPARTMENT TO ACCEPT THE LATTER'S FINDING THAT THE ENLISTED MAN'S DISEASE WAS CONTRACTED "NOT IN LINE OF DUTY" AS CORRECT.

INASMUCH AS THE DISEASE OF THE ENLISTED MAN WAS NOT CONTRACTED IN LINE OF DUTY BUT EXISTED PRIOR TO THE PERIOD OF ENCAMPMENT, PAYMENT OF ANY EXPENSES INCURRED AFTER TERMINATION OF THE ENCAMPMENT INCIDENT TO THE HOSPITAL AND MEDICAL TREATMENT WOULD NOT BE AUTHORIZED UNDER THE ACT OF JUNE 15, 1936, 49 STAT. 1507, AND NATIONAL GUARD REGULATIONS OR THE NATIONAL GUARD APPROPRIATION ACT OF MAY 15, 1936, 49 STAT. 1298. SEE A- 84125, DATED MARCH 20, 1937; A-27018, DATED MAY 18, 1929; 27 COMP. DEC. 631, 635.

THE ACT OF JUNE 23, 1936, 49 STAT. 1854, 1888, MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING JUNE 30, 1937, PROVIDES UNDER "MILITIA," PAGE 1883, AS FOLLOWS:

FOR THE FOLLOWING, TO BE EXPENDED UNDER THE AUTHORITY AND DIRECTION OF THE COMMANDING GENERAL, WHO IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE NECESSARY CONTRACTS AND LEASES, NAMELY:

FOR PERSONAL SERVICES, $21,500; TEMPORARY LABOR, $5,000; FOR EXPENSES OF CAMPS, INCLUDING HIRE OF HORSES FOR OFFICERS REQUIRED TO BE MOUNTED, AND FOR THE PAYMENT OF COMMUTATION OF SUBSISTENCE FOR ENLISTED MEN WHO MAY BE DETAILED TO GUARD OR MOVE THE UNITED STATES PROPERTY AT HOME STATIONS ON DAYS IMMEDIATELY PRECEDING AND IMMEDIATELY FOLLOWING THE ANNUAL ENCAMPMENT; DAMAGES TO PRIVATE PROPERTY INCIDENT TO ENCAMPMENT; REIMBURSEMENT TO THE UNITED STATES FOR LOSS OF PROPERTY FOR WHICH THE DISTRICT OF COLUMBIA MAY BE HELD RESPONSIBLE; CLEANING AND REPAIRING UNIFORMS, ARMS AND EQUIPMENT; INSTRUCTION, PURCHASE, AND MAINTENANCE OF ATHLETIC, GYMNASTIC, AND RECREATIONAL EQUIPMENT AT ARMORY OR FIELD ENCAMPMENTS, NOT TO EXCEED $500; PRACTICE MARCHES, DRILLS, AND PARADES; RENT OF ARMORIES, DRILL HALLS, AND STOREHOUSES; FUEL, LIGHT, HEAT, CARE, AND REPAIR OF ARMORIES, OFFICES, AND STOREHOUSES; MACHINERY AND DOCK, INCLUDING DREDGING ALONGSIDE OF DOCK; CONSTRUCTION OF BUILDINGS FOR STORAGE AND OTHER PURPOSES AT TARGET RANGE; TELEPHONE SERVICE; PRINTING, STATIONERY, AND POSTAGE: HORSES AND MULES FOR MOUNTED ORGANIZATIONS; MAINTENANCE AND OPERATION OF PASSENGER AND NON-PASSENGER-CARRYING MOTOR VEHICLES; STREET-CAR FARES (NOT TO EXCEED $200) NECESSARILY USED IN THE TRANSACTION OF OFFICIAL BUSINESS; NOT EXCEEDING $400 FOR TRAVELING EXPENSES, INCLUDING ATTENDANCE AT MEETINGS OR CONVENTIONS OF ASSOCIATIONS PERTAINING TO THE NATIONAL GUARD; AND FOR GENERAL INCIDENTAL EXPENSES OF THE SERVICE, $15,480; IN ALL, $42,780.

THE WAR DEPARTMENT APPROPRIATION ACT OF MAY 15, 1936 (49 STAT. 1278, 1309), PROVIDES UNDER ,NATIONAL GUARD," PAGE 1298, AS FOLLOWS:

FOR EXPENSES, CAMPS OF INSTRUCTION, FIELD AND SUPPLEMENTAL TRAINING, AND INCLUDING MEDICAL AND HOSPITAL TREATMENT AUTHORIZED BY LAW, AND THE HIRE (AT A RATE NOT TO EXCEED $1 PER DIEM), REPAIR, MAINTENANCE, AND OPERATION OF MOTOR-PROPELLED PASSENGER-CARRYING VEHICLES, $8,609,071.

IT IS TO BE NOTED THAT THE QUOTED PROVISION FROM THE NATIONAL GUARD APPROPRIATION PROVIDES FOR THE MEDICAL AND HOSPITAL TREATMENT AUTHORIZED BY LAW; THAT IS TO SAY, IF MEDICAL AND HOSPITAL TREATMENT IS PAYABLE AT ALL, IT IS PAYABLE EXCLUSIVELY FROM THAT APPROPRIATION. THE APPROPRIATION UNDER "MILITIA" DISTRICT OF COLUMBIA IS NOT AVAILABLE FOR PAYMENT OF THE BILLS, EVEN WERE THE LANGUAGE OF THIS APPROPRIATION APPROPRIATION WITH EXPENSES INCIDENT TO MEDICAL AND HOSPITAL TREATMENT OF MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD (WHICH IS VERY DOUBTFUL), THE QUOTED PROVISION OF THE ACT OF MAY 15, 1936, CONTAINS SPECIFIC PROVISION FOR MEDICAL AND HOSPITAL TREATMENT AND IS THUS EXCLUSIVELY APPLICABLE THERETO UNDER A WELL-ESTABLISHED RULE OF CONSTRUCTION THAT AN APPROPRIATION FOR A SPECIFIC PURPOSE PROHIBITS THE USE OF AN APPROPRIATION MORE GENERAL IN TERMS WHICH MIGHT HAVE BEEN AVAILABLE FOR THE EXPENDITURES BUT FOR THE SPECIFIC APPROPRIATION, 5 COMP. GEN. 399 AND CASES THEREIN CITED.

IN VIEW OF THE LAW AND FACTS INVOLVED, THERE WOULD BE NO AUTHORITY IN THE DISBURSING OFFICER OF THE MILITIA OF THE DISTRICT OF COLUMBIA TO PAY THE PARTICULAR INVOICE AND VOUCHERS, WHICH ARE RETURNED.