B-116441, JAN 29, 1954

B-116441: Jan 29, 1954

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USNR MEDICAL DEPARTMENT: REFERENCE IS MADE TO YOUR LETTER OF JULY 7. WHILE YOU WERE ON ACTIVE DUTY AS A NAVAL RESERVE OFFICER AND SERVING AS AN OFFICER - INTERN AT THAT HOSPITAL. IT APPEARS TO BE YOUR CONTENTION THAT SINCE THE BLODGETT MEMORIAL HOSPITAL IS A MUNICIPAL NON-PROFIT CHARITABLE INSTITUTION. IT SHOULD BE CONSIDERED THAT THE COMPENSATION RECEIVED BY YOU FROM THAT INSTITUTION WAS PAID FROM FUNDS "CONTRIBUTED OUT OF THE TREASURY OF ANY STATE. IT WAS HELD THAT COMPENSATION RECEIVED FROM HOSPITALS BY OFFICER - INTERNS IN ADDITION TO THEIR ACTIVE-DUTY PAY AND ALLOWANCES SHOULD BE CONSIDERED AS RECEIVED FOR THE ACCOUNT AND BENEFIT OF THE GOVERNMENT. IRRESPECTIVE OF WHETHER THE HOSPITALS ARE OPERATED AND FINANCED WITH MUNICIPAL OR WITH PRIVATE FUNDS.

B-116441, JAN 29, 1954

PRECIS-UNAVAILABLE

LIEUTENANT RUSSEL J. VAN COEVERING, MC, USNR MEDICAL DEPARTMENT:

REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 4, 1952, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $852.50 CHECKED IN YOUR PAY ACCOUNT REPRESENTING COMPENSATION PAID TO YOU BY THE BLODGETT MEMORIAL HOSPITAL, GRAND RAPIDS, MICHIGAN, DURING THE PERIOD JULY 20, 1949, TO JUNE 30, 1950, WHILE YOU WERE ON ACTIVE DUTY AS A NAVAL RESERVE OFFICER AND SERVING AS AN OFFICER - INTERN AT THAT HOSPITAL.

IT APPEARS TO BE YOUR CONTENTION THAT SINCE THE BLODGETT MEMORIAL HOSPITAL IS A MUNICIPAL NON-PROFIT CHARITABLE INSTITUTION, IT SHOULD BE CONSIDERED THAT THE COMPENSATION RECEIVED BY YOU FROM THAT INSTITUTION WAS PAID FROM FUNDS "CONTRIBUTED OUT OF THE TREASURY OF ANY STATE, COUNTY OR MUNICIPALITY" AND SO NOT SUBJECT TO CHECK AGE UNDER DECISION OF THIS OFFICE DATED OCTOBER 6, 1949, B-87300 (29 COMP. GEN. 163.)

IN DECISION DATED APRIL 16, 1953, B-113776 (32 COMP. GEN. 454), IT WAS HELD THAT COMPENSATION RECEIVED FROM HOSPITALS BY OFFICER - INTERNS IN ADDITION TO THEIR ACTIVE-DUTY PAY AND ALLOWANCES SHOULD BE CONSIDERED AS RECEIVED FOR THE ACCOUNT AND BENEFIT OF THE GOVERNMENT, IRRESPECTIVE OF WHETHER THE HOSPITALS ARE OPERATED AND FINANCED WITH MUNICIPAL OR WITH PRIVATE FUNDS, AND SO SUBJECT TO CHECK AGE IN THE OFFICER'S PAY ACCOUNT. A COPY OF THAT DECISION IS ENCLOSED FOR YOUR INFORMATION. FOR THE REASONS STATED THEREIN YOUR CLAIM WAS PROPERLY FOR DISALLOWANCE. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 4, 1952, IS SUSTAINED.