B-121716, APRIL 18, 1955, 34 COMP. GEN. 533

B-121716: Apr 18, 1955

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WHO WAS SUBSEQUENTLY REHOSPITALIZED FOR THE SAME DISEASE. IS NOT ENTITLED TO PAY AND ALLOWANCES FOR THE PERIOD OF HOME TREATMENT UNDER THE ACT OF JUNE 15. WHICH PROVIDES BENEFITS IN CASES WHERE ACTIVE DUTY IS IN EXCESS OF 30 DAYS AND WHERE THE DISABILITY RESULTS FROM INJURY. 1955: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. THE CLAIM WAS DISALLOWED FOR THE STATED REASON THAT THE DEPARTMENT OF THE ARMY. YOU INDICATED THAT SUCH REPORT IS INCONSISTENT WITH THE FACTS SINCE YOU WERE "ADMITTED TO WALTER REED HOSPITAL 23 OCTOBER. TREATED FOR THE SAME DISEASE" FOR WHICH YOU WERE HOSPITALIZED AT FORT GEORGE G. WERE ORDERED TO ANNUAL UNIT TRAINING AT FORT GEORGE G. YOU WERE ORDERED. YOU WERE ORDERED FOR A SHORT TOUR OF ACTIVE DUTY TRAINING.

B-121716, APRIL 18, 1955, 34 COMP. GEN. 533

PAY AND ALLOWANCES - RESERVISTS - MEDICAL TREATMENT FOR DISABILITY FROM ACTIVE DUTY TRAINING AN ARMY RESERVE OFFICER WHO RECEIVED MEDICAL TREATMENT AT HOME FOR A DISEASE CONTRACTED DURING A SHORT PERIOD OF ACTIVE DUTY TRAINING WHICH TERMINATED DURING HOSPITALIZATION, AND WHO WAS SUBSEQUENTLY REHOSPITALIZED FOR THE SAME DISEASE, IS NOT ENTITLED TO PAY AND ALLOWANCES FOR THE PERIOD OF HOME TREATMENT UNDER THE ACT OF JUNE 15, 1936, WHICH PRECLUDES CONSIDERATION OF PERIODS OF "HOME TREATMENT" AS PERIODS OF HOSPITALIZATION FOR CONTINUATION OF PAY AFTER TERMINATION OF ACTIVE DUTY TRAINING, OR UNDER THE ACT OF JUNE 20, 1949, WHICH PROVIDES BENEFITS IN CASES WHERE ACTIVE DUTY IS IN EXCESS OF 30 DAYS AND WHERE THE DISABILITY RESULTS FROM INJURY.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL JAMES M. GWIN, APRIL 18, 1955:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1954, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED JULY 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR THE PERIOD FROM SEPTEMBER 8, 1952, TO OCTOBER 22, 1952, INCIDENT TO YOUR ACTIVE DUTY TRAINING AS LIEUTENANT COLONEL, UNITED STATES ARMY RESERVE. THE CLAIM WAS DISALLOWED FOR THE STATED REASON THAT THE DEPARTMENT OF THE ARMY, OFFICE OF THE ADJUTANT GENERAL, REPORTED THAT YOU PERFORMED NO ACTIVE DUTY OR ACTIVE DUTY TRAINING SUBSEQUENT TO SEPTEMBER 8, 1952. YOU INDICATED THAT SUCH REPORT IS INCONSISTENT WITH THE FACTS SINCE YOU WERE "ADMITTED TO WALTER REED HOSPITAL 23 OCTOBER, 1952, AND TREATED FOR THE SAME DISEASE" FOR WHICH YOU WERE HOSPITALIZED AT FORT GEORGE G. MEADE, MARYLAND, FROM AUGUST 3, 1952, TO SEPTEMBER 8, 1952, AND RECEIVED PAY AND ALLOWANCES FOR THE PERIOD FROM OCTOBER 23, 1952, TO FEBRUARY 19, 1953, UNDER THE PROVISIONS OF AR 35- 1705.

IT APPEARS FROM THE RECORD THAT BY LETTER ORDER NO. U-31-4, DATED JUNE 23, 1952, HEADQUARTERS, DISTRICT OF COLUMBIA MILITARY DISTRICT, FORT MYER, ARLINGTON 8, VIRGINIA, THE MEMBERS OF THE 354TH MILITARY GOVERNMENT HEADQUARTERS, TYPE B, WERE ORDERED TO ANNUAL UNIT TRAINING AT FORT GEORGE G. MEADE, MARYLAND, FOR THE PERIOD AUGUST 3 TO 17, 1952. BY LETTER ORDER NO. 10-46-1 OF THE SAME HEADQUARTERS, DATED JULY 9, 1952, YOU WERE ORDERED, AS A MEMBER OF THE 354TH MILITARY GOVERNMENT AREA HEADQUARTERS, TO A SHORT TOUR OF ACTIVE DUTY TRAINING, EFFECTIVE JULY 31, 1952, AND DIRECTED TO PROCEED ON THAT DATE FROM YOUR HOME TO FORT GEORGE G. MEADE, MARYLAND, REPORTING TO THE COMMANDING OFFICER AT THAT PLACE NOT LATER THAN JULY 31, 1952, FOR DUTY AS ADVANCE DETAIL FOR THE 354TH MILITARY GOVERNMENT AREA HEADQUARTERS, AND TO REMAIN THERE AND JOIN YOUR UNIT FOR SUMMER CAMP TRAINING, EFFECTIVE AUGUST 3, 1952, IN COMPLIANCE WITH LETTER ORDER NO. U-31-4. BY LETTER ORDER NO. 10-45 1, DATED JULY 9, 1952, HEADQUARTERS, DISTRICT OF COLUMBIA MILITARY DISTRICT, FORT MYER, ARLINGTON 8, VIRGINIA, YOU WERE ORDERED FOR A SHORT TOUR OF ACTIVE DUTY TRAINING, EFFECTIVE AUGUST 18, 1952, AND DIRECTED TO REMAIN AT FORT GEORGE G. MEADE, MARYLAND, UPON DEPARTURE OF YOUR UNIT FROM SUMMER CAMP TRAINING, REPORTING TO THE COMMANDING OFFICER AT THAT PLACE FOR DUTY AS REAR DETAIL FOR THE 354TH MILITARY GOVERNMENT AREA HEADQUARTERS. UNLESS SOONER RELIEVED, YOU WERE TO RETURN TO YOUR HOME AND REVERT TO AN INACTIVE STATUS ON AUGUST 18, 1952. ON AUGUST 3, 1952, YOU WERE HOSPITALIZED AT THE U.S. ARMY HOSPITAL, FORT GEORGE G. MEADE, MARYLAND, FOR "INFARCTION OF MYOCARDIUM, ANTEROLATERAL, ACUTE, DUE TO CORONARY ARTERIOSCLEROSIS" AND, THE AUTHORITIES AT THAT HOSPITAL HAVING CONCLUDED THAT YOU HAD OBTAINED MAXIMUM HOSPITAL BENEFITS, YOU WERE DIRECTED ON SEPTEMBER 8, 1952, TO PROCEED TO YOUR HOME IN ACCORDANCE WITH YOUR ORDERS OF JULY 9, 1952. IN A CERTIFICATE DATED FEBRUARY 15, 1953, MAJOR J. T. MATTHEWS, MSC, CHIEF, MILITARY PERSONNEL BRANCH, WALTER REED ARMY MEDICAL CENTER, CERTIFIED "THAT LT. COL. JAMES M. GWIN, O-282 982, ORGANIZED RESERVE CORPS, AT PRESENT A PATIENT AT WALTER REED ARMY HOSPITAL WAS FOUND BY PROPER AUTHORITY TO HAVE CONTRACTED DISEASE IN LINE OF DUTY ON 3 AUGUST 1952 WHILE ON MILITARY SERVICE FOR 30 DAYS OR LESS.'

THE ACT OF JUNE 15, 1936, 49 STAT. 1507, 10 U.S.C. 455A (SEE PARAGRAPH 10A (1) AND (2), ARMY REGULATIONS NO. 35-1705, DATED JUNE 4, 1951), INSOFAR AS PERTINENT IN YOUR CASE, PROVIDES THAT MEMBERS OF THE OFFICERS' RESERVE CORPS (NOW ARMY RESERVE) WHO CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS IN TIME OF PEACE SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED, AT GOVERNMENT EXPENSE, TO SUCH HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE, IN HOSPITAL AND AT THEIR HOMES, AS IS NECESSARY FOR THE APPROPRIATE TREATMENT OF SUCH DISEASE, UNTIL THE DISABILITY RESULTING FROM SUCH DISEASE CANNOT BE MATERIALLY IMPROVED BY FURTHER HOSPITALIZATION OR TREATMENT, AND, DURING THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF ACTIVE DUTY OR TRAINING IN ANY CASE, TO THE PAY AND ALLOWANCES THEY WERE ENTITLED TO RECEIVE AT THE TIME THE DISEASE WAS CONTRACTED. SECTION 2 OF THE ACT OF JUNE 20, 1949, 63 STAT. 202, 10 U.S.C. 456 (SEE PARAGRAPH 10A (3), ARMY REGULATIONS NO. 35- 1705, DATED JUNE 4, 1951), PROVIDES:

THAT ALL OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE ARMY OF THE UNITED STATES, OR THE AIR FORCE OF THE UNITED STATES, OTHER THAN THE OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY, OR THE REGULAR AIR FORCE, WHO---

(1) IF CALLED OR ORDERED INTO THE ACTIVE MILITARY SERVICE BY THE FEDERAL GOVERNMENT FOR EXTENDED MILITARY SERVICE IN EXCESS OF THIRTY DAYS SUFFER DISABILITY OR DEATH IN LINE OF DUTY FROM DISEASE WHILE SO EMPLOYED; OR

(2) IF CALLED OR ORDERED BY THE FEDERAL GOVERNMENT TO ACTIVE MILITARY SERVICE OR TO PERFORM ACTIVE DUTY FOR TRAINING OR INACTIVE DUTY TRAINING FOR ANY PERIOD OF TIME, SUFFER DISABILITY OR DEATH IN LINE OF DUTY FROM INJURY WHILE SO EMPLOYED, SHALL BE DEEMED TO HAVE BEEN IN THE ACTIVE MILITARY SERVICE DURING SUCH PERIOD AND SHALL BE IN ALL RESPECTS ENTITLED TO RECEIVE THE SAME PENSIONS, COMPENSATION, DEATH GRATUITY, RETIREMENT PAY, HOSPITAL BENEFITS, AND PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATION FOR OFFICERS AND ENLISTED MEN OF CORRESPONDING GRADES AND LENGTH OF SERVICE OF THE REGULAR ARMY OR THE REGULAR AIR FORCE.

UNDER THE PROVISIONS OF THE CITED ACT OF JUNE 15, 1936, AND THE REGULATIONS ISSUED PURSUANT TO THAT ACT, YOU WERE ENTITLED TO PAY AND ALLOWANCES DURING THE PERIOD YOU WERE HOSPITALIZED BEYOND THE TERMINATION DATE OF YOUR ACTIVE DUTY FOR TRAINING ( AUGUST 18, 1952), AND DURING THE PERIOD YOU WERE REHOSPITALIZED ON ACCOUNT OF THE DISEASE CONTRACTED WHILE YOU WERE ON SUCH DUTY. HOWEVER, FOR A NUMBER OF YEARS THE RULE HAS BEEN THAT, EXCEPT IN CASES INVOLVING CONTAGIOUS OR INFECTIOUS DISEASES,"HOME TREATMENT" MAY NOT BE CONSIDERED "HOSPITALIZATION" OR "REHOSPITALIZATION" WITHIN THE LANGUAGE OR INTENT OF THE ACT OF JUNE 15, 1936, FOR THE PURPOSE OF CONTINUATION OF PAY AFTER TERMINATION OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING. DECISION DATED JUNE 3, 1938, A-93330, AND DECISION DATED MARCH 20, 1939, B 2116. ALSO, SINCE YOU WERE ORDERED TO DUTY FOR A SHORT TOUR OF ACTIVE DUTY FOR TRAINING, RATHER THAN TO ACTIVE DUTY IN EXCESS OF 30 DAYS, AND THE DISABILITY FOR WHICH YOU WERE HOSPITALIZED RESULTED FROM DISEASE RATHER THAN FROM INJURY, YOU ARE NOT ENTITLED TO THE BENEFITS AUTHORIZED BY THE 1949 ACT, QUOTED ABOVE. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.