A-90621, JANUARY 31, 1938, 17 COMP. GEN. 610

A-90621: Jan 31, 1938

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ARE ENTITLED TO MEDICAL TREATMENT DURING THE PERIOD OF THE ENCAMPMENT. ARE STATED AS FOLLOWS: THE FORM 60 IN THE CASE OF PRIVATE BANKHEAD SHOWS THAT HE ARRIVED AT CAMP AT INDIANTOWN GAP. THE DISEASE FOR WHICH PRIVATE BANKHEAD WAS TREATED WAS A "SUSPECTED PLEURISY RIGHT SIDE CHEST" FIRST NOTED ON AUGUST 11. THE CASE IS "NOT IN LINE OF DUTY. WHICH PREDICATES THE DISBURSEMENT OF ANY FUNDS APPROPRIATED UNDER THE ACT UPON THE BASIS OF THE FINDING THAT SUCH DISEASE OR INJURY IS CONTRACTED "IN LINE OF DUTY.'. THE CASE OF PRIVATE BANKHEAD HAVING BEEN FOUND TO HAVE BEEN CONTRACTED "NOT IN LINE OF DUTY" CAUSED THE NATIONAL GUARD BUREAU TO QUESTION ITS RIGHT TO AUTHORIZE THE DISBURSEMENT OF FEDERAL MONIES IN THIS CASE EVEN THOUGH THE NATIONAL GUARD REGULATIONS NO. 62.

A-90621, JANUARY 31, 1938, 17 COMP. GEN. 610

MEDICAL TREATMENT - NATIONAL GUARD - DISABILITY AND DISEASE WHILE PARTICIPATING IN ENCAMPMENT MEMBERS OF THE NATIONAL GUARD IN FIELD TRAINING UNDER THE PROVISIONS OF SECTION 94 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, WHO SUFFER DISABILITY OR DISEASE WHILE ENGAGED AND PARTICIPATING IN THE ENCAMPMENT, ARE ENTITLED TO MEDICAL TREATMENT DURING THE PERIOD OF THE ENCAMPMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHIEF, NATIONAL GUARD BUREAU, JANUARY 31, 1938:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT OF NOVEMBER 16, 1937, TRANSMITTING VOUCHERS COVERING HOSPITAL AND MEDICAL TREATMENT OF PVTS. JOHN E. BANKHEAD, CLAUDE D. BRUCKLEY (BRUKLEY), JACK B. BURKE, AND CARMEN SYLVANIA AND FIRST SGT. JULIUS MORRIS, DESCRIBED IN SECOND INDORSEMENT FROM HEADQUARTERS, DISTRICT OF COLUMBIA NATIONAL GUARD, DATED OCTOBER 26, 1937, AS FOLLOWS:

CHART

PVT. JOHN E. BANKHEAD:

DR. JESSE L. LENKER, 232 STATE ST., HARRISBURG, PA --------- $5.00

HARRISBURG HOSPITAL, HARRISBURG, PA ------------------------- 39.50

PVT. CLAUDE BRUKLEY:

HARRISBURG HOSPITAL, HARRISBURG, PA ------------------------- 1.00

DR. MATHEW H. SHERMAN, 504 N. 2ND ST., HARRISBURG, PA ------ 1.00

PVT. JACK BURKE:

HARRISBURG HOSPITAL, HARRISBURG, PA ------------------------- 1.00

DR. MATHEW H. SHERMAN, 504 N. 2ND ST., HARRISBURG, PA ------ 1.00

FIRST SGT. JULIUS MORRIS:

HARRISBURG HOSPITAL, HARRISBURG, PA ------------------------- 45.85

PVT. CARMEN SYLVANIA:

HARRISBURG HOSPITAL, HARRISBURG, PA. (AUG. 13-14) ----------- 11.45

HARRISBURG HOSPITAL, HARRISBURG, PA. (AUG. 20-22) ----------- 11.00

YOUR COMMENTS WITH RESPECT TO EACH INDIVIDUAL CASE AND THE EFFECT OF THE ACT OF JUNE 15, 1936, 49 STAT. 1507, 1508, ARE STATED AS FOLLOWS:

THE FORM 60 IN THE CASE OF PRIVATE BANKHEAD SHOWS THAT HE ARRIVED AT CAMP AT INDIANTOWN GAP, PENNSYLVANIA, AUGUST 8, 1936, FOR THE SCHEDULED PERIOD OF THE SUMMER TRAINING CAMP FOR AUGUST 8-22, 1936; THE DISEASE FOR WHICH PRIVATE BANKHEAD WAS TREATED WAS A "SUSPECTED PLEURISY RIGHT SIDE CHEST" FIRST NOTED ON AUGUST 11, AND FIRST TREATED ON THAT DATE; THE CASE IS "NOT IN LINE OF DUTY," THE PATIENT HAD THE DISEASE BEFORE GOING TO CAMP.

THE NATIONAL GUARD BUREAU HESITATED TO AUTHORIZE THE PAYMENT OF THE CLAIMS IN THIS CASE DUE TO THE FACT THAT THE CONGRESS OF THE UNITED STATES PROMULGATED AN ACT FOR THE CARE AND TREATMENT OF THE MEMBERS OF THE CIVILIAN COMPONENTS OF THE ARMY OF THE UNITED STATES INJURED OR CONTRACTING DISEASE WHILE ENGAGED IN MILITARY TRAINING (PUB. 677, 74TH CONG.) APPROVED JUNE 15, 1936, WHICH PREDICATES THE DISBURSEMENT OF ANY FUNDS APPROPRIATED UNDER THE ACT UPON THE BASIS OF THE FINDING THAT SUCH DISEASE OR INJURY IS CONTRACTED "IN LINE OF DUTY.' THE CASE OF PRIVATE BANKHEAD HAVING BEEN FOUND TO HAVE BEEN CONTRACTED "NOT IN LINE OF DUTY" CAUSED THE NATIONAL GUARD BUREAU TO QUESTION ITS RIGHT TO AUTHORIZE THE DISBURSEMENT OF FEDERAL MONIES IN THIS CASE EVEN THOUGH THE NATIONAL GUARD REGULATIONS NO. 62, PARAGRAPH 5G, STATES THAT CASES OF DISEASE OR INJURY NOT IN LINE OF DUTY, NOT DUE TO MISCONDUCT, MAY BE HOSPITALIZED IN AN ARMY OR CIVIL HOSPITAL OR AT CAMP, SCHOOL, OR STATION AT GOVERNMENT EXPENSE BUT ONLY FOR THE AUTHORIZED PERIOD OF ENCAMPMENT, MANEUVER, OR OTHER EXERCISE. IT IS FELT THAT THIS PARAGRAPH IN NATIONAL GUARD REGULATIONS WAS RENDERED OBSOLETE BY THE ENACTMENT OF THE ACT OF CONGRESS, JUNE 15, 1936 (PUB. 677, 74TH CONG.). THIS PARAGRAPH HAS SINCE BEEN RESCINDED IN THE REVISION OF NGR 62 IN CONFORMITY WITH THE ACT OF CONGRESS REFERRED TO ABOVE. THE REVISED NGR 62 WAS PUBLISHED AUGUST 20, 1937.

2. THE DISTRICT OF COLUMBIA NATIONAL GUARD HAS ATTACHED HERETO SEVERAL OTHER CASES.

THE CASE OF PRIVATE CLAUDE D. BRUCKLEY FALLS WITHIN THE GENERAL CONSTRUCTION APPLICABLE TO THE CASE OF PRIVATE BANKHEAD ABOVE. THE DIAGNOSIS SHOWN ON THE FORM 60 AS THE CAUSE FOR HOSPITALIZATION IN THE CASE OF PRIVATE BRUCKLEY IS GIVEN AS "IDIOSYNCRASY TO MORPHINE.' THIS IS A CONDITION WHICH EXISTED PRIOR TO CAMP AND THEREFORE FALLS WITHIN THE CLASS OR CATEGORY "NOT IN LINE OF DUTY, NOT DUE TO MISCONDUCT, EXISTED PRIOR TO ENCAMPMENT.'

THE FORM 60 IN THE CASE OF PRIVATE JACK B. BURKE, IN CAMP AUGUST 8 22, 1936, SHOWS THE ILLNESS WAS FIRST NOTED AUGUST 18, AND TREATED AUGUST 19, BY CAPTAIN R. M. BOLTON. THIS CASE IN GENERAL IS SIMILAR TO THE TWO MENTIONED ABOVE. THE NATIONAL GUARD BUREAU REVISES ITS FINDING IN THIS CASE AND RECOMMENDS APPROVAL OF THE LINE OF DUTY FINDING OF THE ORIGINAL BOARD. IT IS BELIEVED THAT AN "OTITIS MEDIA" OF THE LEFT EAR APPEARING ON AUGUST 19, 1936, IN THIS CASE, CAN WELL HAVE APPEARED AS A COMPLICATION OF A COLD WHICH WAS CONTRACTED DURING THIS SOLDIER'S ATTENDANCE AT TRAINING CAMP BEGINNING AUGUST 8, 1936. IT IS THEREFORE RECOMMENDED THAT THE CLAIMS DUE IN THIS CASE BE APPROVED FOR PAYMENT. THE NATIONAL GUARD BUREAU HAS NOTED THE ABOVE REFERRED TO REVISED FINDING ON THE FORM 60 HEREWITH.

THE CASE OF SERGEANT JULIUS MORRIS HAS BEEN REVIEWED BY THE GENERAL ACCOUNTING OFFICE. YOUR ATTENTION IS INVITED TO THE DECISION OF THE COMPTROLLER GENERAL JUNE 16, 1937, A-87499.

THE FORM 60 IN THE CASE OF PRIVATE CARMEN SYLVANIA SHOWS THAT THIS SOLDIER REPORTED AUGUST 8, 1936, AT THE TRAINING CAMP AT INDIANTOWN GAP FOR THE SCHEDULED TRAINING PERIOD OF AUGUST 8-22, 1936. HE CONTRACTED THE DISEASE ON AUGUST 13, 1936, AND WAS TREATED ON THE SAME DATE FOR A CONDITION DIAGNOSED AS "GASTRO ENTERITIS" AND THIS BUREAU FOUND THIS CONDITION IN LINE OF DUTY. PRIVATE SYLVANIA WAS ORIGINALLY HOSPITALIZED AT HARRISBURG, PENNSYLVANIA, AND TRANSFERRED ON AUGUST 22, 1936, TO WALTER REED GENERAL HOSPITAL, WASHINGTON D.C. THE FINAL DIAGNOSIS AT THE LATTER HOSPITAL WAS "/1) PSYCHONEUROSIS, HYSTERIA, CONVERSION TYPE, BASED ON CONSTITUTIONAL PSYCHOPATHIC STATE INADEQUATE PERSONALITY. L.O.D. 1-NO; EXISTED PRIOR TO DUTY WITH THE NATIONAL GUARD AND PRIOR TO ENROLLMENT IN THE CIVILIAN CONSERVATION CORPS. CONDITION ON COMPLETION OF CASE; 1--- UNCHANGED.' UPON RECEIPT OF THIS DIAGNOSIS THE NATIONAL GUARD BUREAU, UNDER DATE OF NOVEMBER 11, 1936, INFORMED THE ADJUTANT GENERAL OF THE DISTRICT OF COLUMBIA MILITIA THAT THE LINE OF DUTY STATUS IN THIS CASE MUST BE CHANGED TO READ "NOT IN LINE OF DUTY.'

IT APPEARS THAT THE FIVE ENLISTED MEN WERE MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD AND WERE IN ATTENDANCE AT THE ENCAMPMENT AT INDIANTOWN GAP, PA., UNDER THE PROVISIONS OF SECTION 94 OF THE NATIONAL DEFENSE ACT, SCHEDULED FOR THE PERIOD AUGUST 8 TO AUGUST 22, 1936.

ACCORDING TO NATIONAL GUARD BUREAU FORM 60, COPIES OF WHICH WERE FURNISHED WITH YOUR SUBMISSION, PVT. JOHN E. BANKHEAD WENT TO THE CAMP INFIRMARY, SPECIAL TROOPS, ON AUGUST 11, 1936, COMPLAINING OF "HEADACHE, GENERAL ACHES, COUGH, AND PAIN IN RIGHT SIDE," WHICH WAS DIAGNOSED AS ,SUSPECTED PLEURISY RIGHT SIDE CHEST," CONTRACTED PREVIOUS TO CAMP. THE BOARD OF OFFICERS CONVENED FOR THE PURPOSE AUGUST 12, 1936, EXPRESSED THE OPINION THE DISEASE WAS NOT INCURRED IN LINE OF DUTY, CONTRACTED BEFORE COMING TO CAMP, WHICH OPINION WAS APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU.

PVT. CLAUDE D. BRUCKLEY (BRUKLEY) ON AUGUST 18, 1936, HAD A TOOTH EXTRACTED AND BECAME HYSTERICAL FOLLOWING INJECTION OF ONE-EIGHTH GRAIN OF MORPHINE. THE DIAGNOSIS AS SHOWN ON FORM 60 WAS "IDIOSYNCRASY TO MORPHINE; " THE BOARD OF OFFICERS CONVENED FOR THE PURPOSE AUGUST 18, 1936, EXPRESSED THE OPINION THE DISABILITY WAS INCURRED IN LINE OF DUTY, PATIENT WAS IN SOUND HEALTH ON ARRIVAL IN CAMP. THE REPORT OF THE BOARD WAS APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU, WITH THE NOTATION "NOT IN LINE OF DUTY, NOT DUE TO MISCONDUCT, EXISTED PRIOR TO ENCAMPMENT.'

PVT. JACK B. BURKE CONTRACTED A COLD AUGUST 18, 1936, WHICH WAS DIAGNOSED ON AUGUST 19, 1936, AS "OTITIS MEDIA LEFT EAR; " THE BOARD OF OFFICERS CONVENED FOR THE PURPOSE AUGUST 19, 1936, EXPRESSED THE OPINION THE DISEASE WAS CONTRACTED IN LINE OF DUTY, PATIENT IN GOOD HEALTH ON ARRIVAL IN CAMP, WHICH REPORT WAS ULTIMATELY APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU.

IT APPEARS THAT THE DISABILITY OF PVT. CARMEN SYLVANIA WAS NOTICED AUGUST 13, 1936, AND THE ATTENDING CIRCUMSTANCES ARE STATED ON THE APPLICABLE FORM 60 OF AUGUST 18, 1936, AS "CHANGE IN HABITS OF LIVING FROM CIVIL LIFE TO ARMY LIFE.' THE ORIGINAL BOARD'S REPORT OF AUGUST 18, 1936, DIAGNOSED THE DISABILITY AS "GASTRO ENTERITIS.' APPARENTLY THIS PATIENT WAS SUBSEQUENTLY TRANSFERRED TO WALTER REED GENERAL HOSPITAL, THE PARENTHETICAL DIAGNOSIS APPEARING ON THE FORM 60 BEING AS FOLLOWS: "PSYCHONEUROSIS--- SEE WALTER REED REPORT OCTOBER 16, 1936.' THE BOARD OF OFFICERS CONVENED FOR THE PURPOSE EXPRESSED THE OPINION THAT THE DISEASE WAS CONTRACTED IN LINE OF DUTY BUT THE REPORT WAS APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU, AS NOT IN LINE OF DUTY.

FIRST SGT. JULIUS MORRIS ON AUGUST 16, 1936, COMPLAINED OF PAIN, RIGHT LOWER QUADRANT OVER MCBURNEYS POINT--- INTENSE PAIN AND TENDERNESS OF PALPATION, WHICH WAS FIRST DIAGNOSED IN CAMP AS PROBABLY APPENDICITIS. THE BOARD OF OFFICERS CONVENED FOR THE PURPOSE AUGUST 16, 1936, EXPRESSED THE OPINION THAT THE DISEASE WAS CONTRACTED IN LINE OF DUTY, THE PATIENT HAVING ARRIVED AT CAMP IN GOOD HEALTH. A DIAGNOSIS SUBSEQUENTLY MADE AT WALTER REED GENERAL HOSPITAL OCTOBER 2, 1936, SHOWED THE INCAPACITY OF THE ENLISTED MAN AS DUE TO PERFORATED ULCER AND THE BOARD'S REPORT WAS APPROVED BY THE CHIEF, NATIONAL GUARD BUREAU, EXCEPT THAT THE ORIGIN WAS SHOWN AS NOT IN LINE OF DUTY.

THE FORMS 60 SHOW THAT TWO OF THE MEN WERE SENT TO THE 104TH MEDICAL REGIMENT, THEN TO HARRISBURG HOSPITAL. FOUR OF THE MEN WERE ADMITTED TO THE HARRISBURG HOSPITAL ON THE SAME DAY THAT THE DISABILITIES WERE REPORTED AND ONE MAN, BURKE, WAS ADMITTED THE DAY FOLLOWING. EXCEPT AS TO PRIVATE BANKHEAD THE CONTEMPORANEOUS BOARD REPORTS FOUND THE ENLISTED MEN TO HAVE CONTRACTED THE RESPECTIVE DISABILITIES FOR WHICH HOSPITAL AND MEDICAL TREATMENTS WERE REQUIRED IN THE LINE OF DUTY AND WITH REFERENCE TO BANKHEAD IT WAS SUSPECTED THAT PLEURISY HAD DEVELOPED PRIOR TO REPORTING FOR THE CAMP OF INSTRUCTIONS. APPARENTLY, THE ENLISTED MEN WHO WERE ABLE TO DO SO RETURNED TO DUTY AT CAMP FOLLOWING THE DATE OF THEIR DISCHARGE FROM THE HARRISBURG HOSPITAL UNTIL TERMINATION OF THE ENCAMPMENT AUGUST 22, 1936.

IT HAS BEEN HERETOFORE HELD THAT WHERE AN ENLISTED MEMBER OF THE NATIONAL GUARD CONTRACTS A DISEASE PRIOR TO THE PERIOD OF AN ENCAMPMENT AND THEREFORE NOT IN THE LINE OF DUTY, PAYMENT OF EXPENSES INCURRED FOR HOSPITAL AND MEDICAL TREATMENT INCIDENT TO SUCH DISEASE AFTER TERMINATION OF THE ENCAMPMENT WAS NOT AUTHORIZED UNDER THE ACT OF JUNE 15, 1936, 49 STAT. 1507, AND THIS RULE WAS APPLIED TO THE CASE OF JULIUS MORRIS, WHICH DENIED PAYMENT FOR HIS PRIVATE HOSPITAL TREATMENT COVERING THE PERIOD SUBSEQUENT TO TERMINATION OF THE ENCAMPMENT, AUGUST 22, 1936. SEE 17 COMP. GEN. 44. PRIOR TO THE ACT OF JUNE 15, 1936, HOWEVER, AND EVEN BEFORE ENACTMENT OF THE ANTECEDENT STATUTES ON THE SAME SUBJECT (ACT OF APRIL 26, 1928, 45 STAT. 461; SECTION 4,ACT OF JUNE 3, 1924, 43 STAT. 364, AND SECTION 6 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508), IT HAD BEEN HELD THAT MEMBERS OF THE NATIONAL GUARD WHILE PARTICIPATING IN AUTHORIZED ENCAMPMENTS UNDER THE PROVISIONS OF SECTION 94 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, WERE ENTITLED TO CIVILIAN HOSPITAL TREATMENT AS A CHARGE AGAINST THE APPROPRIATIONS FOR THE NATIONAL GUARD IF ARMY OR OTHER GOVERNMENT FACILITIES WERE NOT AVAILABLE, BUT THAT SUCH EXPENSES COULD NOT BE PAID UNDER THOSE APPROPRIATIONS AFTER THE ENCAMPMENTS HAD OFFICIALLY ENDED. 27 COMP. DEC. 631, DATED JANUARY 19, 1921. IT WILL BE OBSERVED FROM AN EXAMINATION OF THE FOUR STATUTES CITED, BEGINNING WITH THE ACT OF MARCH 4, 1923, THAT PROGRESSIVELY THE LEGISLATION HAS BECOME MORE LIBERAL FROM WHICH NECESSARILY MUST FOLLOW THE REASONABLE CONCLUSION THEY WERE NOT DESIGNED TO RESTRICT OR REDUCE THE EXISTING PROVISIONS BUT TO EXTEND FURTHER BENEFITS TO MEMBERS OF THE NATIONAL GUARD WHO WERE INJURED (AND LATER DISABLED BY DISEASE) WHILE ENGAGED IN THE TRAINING PRESCRIBED BY SAID SECTION 94.

NATIONAL GUARD REGULATIONS REQUIRE THAT EVERY APPLICANT FOR MEMBERSHIP IN THE NATIONAL GUARD BE PHYSICALLY EXAMINED, SUCH EXAMINATION TO CONFORM TO THE STANDARDS PRESCRIBED IN NATIONAL GUARD REGULATIONS NO. 28, THE PURPOSE OF SUCH STANDARDS BEING TO SECURE UNIFORMITY IN MAKING PHYSICAL EXAMINATIONS FOR ENTRANCE INTO THE NATIONAL GUARD AND TO SECURE A HIGH DEGREE OF PHYSICAL FITNESS FOR THE PERFORMANCE BY THE INDIVIDUAL OF FULL MILITARY DUTY.

NATIONAL GUARD REGULATIONS NO. 62, PARAGRAPH 2C, DATED MARCH 15, 1933, PROVIDES:

PHYSICAL INSPECTION.--- UPON ARRIVAL AT CAMP OR JUST PRIOR THERETO, COMMANDERS WILL CAUSE A THOROUGH PHYSICAL INSPECTION TO BE MADE OF THE MEMBERS OF THEIR COMMANDS FOR THE PURPOSE OF DETERMINING THE CONDITION OF THE PERSONNEL AND OF DETECTING AND FIXING THE STATUS OF ANY CASES WHICH MAY REQUIRE MEDICAL ATTENTION DURING OR SUBSEQUENT TO THE ENCAMPMENT PERIOD. CASES WHERE THE DISABILITY EXISTED PRIOR TO COMING TO CAMP, AND WHICH CANNOT BE TREATED IN CAMP WITHOUT ADDITIONAL EXPENSE TO THE GOVERNMENT, WILL BE RELIEVED FROM DUTY AND RETURNED TO THEIR HOMES. IT IS ASSUMED THE FIVE ENLISTED MEN WERE OFFICIALLY EXAMINED JUST PRIOR TO OR UPON ARRIVAL AT THE ENCAMPMENT AT INDIANTOWN GAP AS REQUIRED BY REGULATIONS AND WERE ACCEPTED FOR THE TRAINING CONTEMPLATED BY THE NATIONAL DEFENSE ACT. THEY THUS APPEAR TO HAVE BEEN ENGAGED AND PARTICIPATING IN THE ENCAMPMENT AT THE TIME THE DISABILITIES MANIFESTED SUFFICIENT ACUTENESS TO REQUIRE HOSPITAL AND MEDICAL TREATMENT, AND INASMUCH AS SUCH DISABILITIES ARE NOT SHOWN TO HAVE BEEN THE RESULT OF THE INDIVIDUALS' OWN MISCONDUCT, THE APPROPRIATION FOR SUPPORT OF THE NATIONAL GUARD CURRENT AT THE TIME, ACT OF MAY 15, 1936, 49 STAT. 1298, "NATIONAL GUARD, ARMING, EQUIPPING, AND TRAINING THE NATIONAL GUARD * * * EXPENSES, CAMPS OF INSTRUCTION, FIELD AND SUPPLEMENTAL TRAINING, AND INCLUDING MEDICAL AND HOSPITAL TREATMENT AUTHORIZED BY LAW," IS AVAILABLE FOR PAYMENT OF THE REASONABLE AND NECESSARY HOSPITAL AND MEDICAL TREATMENT DURING THE PERIOD OF THE ENCAMPMENT BUT NOT THEREAFTER, PROVIDED OF COURSE GOVERNMENT HOSPITAL FACILITIES WERE NOT AVAILABLE FOR PROPER TREATMENT. UPON CERTIFICATION BY THE PROPER OFFICIAL THAT SUCH GOVERNMENT FACILITIES WERE NOT AVAILABLE, PAYMENT OF THE VOUCHERS, WHICH ARE RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT. SEE 11 COMP. GEN. 420.