B-134272, FEB. 4, 1958

B-134272, FEB. 4, 1958

TO DR. ARCHIE M. CONNOLLY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1957, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES BY REASON OF (1) SUBSISTENCE ALLOWANCE ($252) PAID TO YOU DURING THE PERIOD JANUARY 1 TO JUNE 30, 1951, WHILE BEING FURNISHED MEALS BY THE JOHN SEALY HOSPITAL, GALVESTON, TEXAS, INCIDENT TO ACTIVE DUTY THERE AS AN OFFICER INTERN, AND (2) TRANSPORTATION OF YOUR DEPENDENT ($63.33) FROM GREENVILLE, SOUTH CAROLINA, TO GALVESTON, TEXAS, DURING THE PERIOD JUNE 27 AND 28, 1953, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS AN OFFICER IN THE AIR FORCE OF THE UNITED STATES.

IT APPEARS FROM THE RECORD BEFORE US THAT ON NOVEMBER 13, 1950, WHILE PERFORMING DUTY IN A CIVILIAN CAPACITY AS AN INTERN AT THE JOHN SEALY HOSPITAL, GALVESTON, TEXAS, YOU WERE ORDERED TO ACTIVE DUTY AS AN OFFICER INTERN AT THE SAME HOSPITAL WITH THE RANK OF FIRST LIEUTENANT, AIR FORCE OF THE UNITED STATES. BY ORDERS DATED JUNE 11, 1953, DONALDSON AIR FORCE BASE, GREENVILLE, SOUTH CAROLINA, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE JUNE 30, 1953.

THE RIGHT OF OFFICERS TO RECEIVE THE BASIC SUBSISTENCE ALLOWANCE FROM THE GOVERNMENT WHILE INTERNING HAS BEEN QUESTIONED ONLY FOR PERIODS WHERE MEALS ACTUALLY WERE FURNISHED BY THE HOSPITALS TO THE OFFICERS WITHOUT CHARGE. SEE 30 COMP. GEN. 246. ON THE BASIS OF A LETTER FROM THE JOHN SEALY HOSPITAL, STATING "EFFECTIVE JAN. 1, 1951, DR. CONNOLLY WAS GRANTED A MEAL TICKET WHICH PROVIDED HIM WITH THREE MEALS PER DAY," AN EXCEPTION WAS TAKEN TO THE CREDIT OF A SUBSISTENCE ALLOWANCE IN YOUR PAY ACCOUNT FOR THE PERIOD JANUARY 1, 1951, TO JUNE 30, 1951, AT THE RATE OF $42 PER MONTH, OR $252. SINCE YOU WERE UNABLE TO SUBMIT EVIDENCE THAT THE MEALS WERE NOT UTILIZED, THE EXCEPTION WAS CONTINUED. YOU NOW SAY, IN YOUR LETTER OF OCTOBER 3, 1957, THAT IN 1953 THE JOHN SEALY HOSPITAL NOTIFIED YOU THAT THE HOSPITAL RECORDS DID NOT SHOW, ONE WAY OR THE OTHER, TO WHAT EXTENT THE MEAL TICKET WAS UTILIZED. YOU SAY THAT YOU DID EAT APPROXIMATELY 50 PERCENT OF YOUR MEALS AT THE HOSPITAL DURING THE PERIOD JANUARY THROUGH APRIL 1951, BUT THAT YOU DID NOT EAT ANY MEALS THERE DURING MAY AND JUNE 1951. YOU ALSO SAY THAT YOU ARE WILLING TO PAY FOR THE MEALS FOR JANUARY THROUGH APRIL 1951. WHILE YOU HAVE NOT SUBMITTED ACCEPTABLE EVIDENCE FROM THE HOSPITAL TO ESTABLISH THE EXTENT TO WHICH HOSPITAL MEALS ACTUALLY WERE TAKEN BY YOU DURING THE PERIOD JANUARY 1 TO JUNE 30, 1951, YOUR STATEMENT THAT THE HOSPITAL FURNISHED YOU WITH MEALS ONLY DURING THE PERIOD JANUARY THROUGH APRIL 1951, WILL BE ACCEPTED AS ESTABLISHING YOUR OBLIGATION IN THE MATTER. HENCE, OUR RECORDS WILL BE AMENDED TO REDUCE YOUR SUBSISTENCE ALLOWANCE INDEBTEDNESS BY THE SUM OF $84 (SUBSISTENCE ALLOWANCE FOR MEALS NOT UTILIZED DURING MAY AND JUNE 1951), LEAVING A BALANCE DUE THE UNITED STATES OF $168.

AN EXCEPTION WAS TAKEN TO THE PAYMENT ($63.33) FOR TRANSPORTATION OF YOUR DEPENDENT WIFE FOR HER TRAVEL FROM GREENVILLE, SOUTH CAROLINA, TO GALVESTON, TEXAS, DURING THE PERIOD JUNE 27 AND 28, 1953, PAID ON VOUCHER NO. 213, JULY 1953 ACCOUNTS OF MAJOR W. H. BRYANT, FOR THE REASON THAT THE MAILING ADDRESS FURNISHED BY YOU AS SHOWN ON THE VOUCHER (64TH MEDICAL GROUP, DONALDSON AIR FORCE BASE, GREENVILLE, SOUTH CAROLINA) WAS THE DUTY STATION AT WHICH YOU WERE RELEASED FROM ACTIVE DUTY, THUS RAISING SOME DOUBT AS TO WHETHER THE TRAVEL WAS ACTUALLY PERFORMED BY YOUR WIFE AS CLAIMED. YOU NOW CONTEND THAT YOU AND YOUR WIFE, INCLUDING YOUR TWIN SONS, LEFT GREENVILLE ON JUNE 27, 1953, ARRIVING AT DALLAS THE NEXT DAY AND THAT YOU AND YOUR WIFE PROCEEDED TO GALVESTON FOR A VACATION AND TO INVESTIGATE THE OPPORTUNITIES OF ENTERING INTO GENERAL PRACTICE IN THAT AREA. SINCE YOUR DEPENDENT ACTUALLY PERFORMED TRAVEL TO GALVESTON, TEXAS, AS CLAIMED, THAT PORTION OF YOUR INDEBTEDNESS ($63.33) WILL BE CANCELED.

CONCERNING YOUR INQUIRY AS TO WHY YOU WERE NOT PAID AN ADDITIONAL $100 PER MONTH AS A MEDICAL DOCTOR ON ACTIVE DUTY DURING THE PERIOD OF YOUR INTERNSHIP, THE LAW GOVERNING THE PAYMENT OF SPECIAL PAY TO PHYSICIANS AND DENTISTS PROVIDES, IN THE THIRD PROVISO OF SECTION 203 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 234 (B): "THAT NO COMMISSIONED OFFICER AS DESCRIBED IN SUBSECTION (A) OF THIS SECTION SHALL, WHILE HE IS SERVING AS A MEDICAL OR DENTAL INTERN, BE ENTITLED TO RECEIVE THE SPECIAL PAY OF $100 PER MONTH AS PROVIDED IN THIS SUBSECTION.' YOUR ORDERS OF NOVEMBER 6, 1950, ORDERING YOU TO ACTIVE DUTY EXPRESSLY STATED THAT YOU WERE ORDERED FOR DUTY AS "CIV INTERN.' HENCE, IN THE ABSENCE OF AN ADMINISTRATIVE REPORT SHOWING THAT YOU WERE NOT SERVING IN THE CAPACITY OF AN INTERN PURSUANT TO YOUR ORDERS, THERE IS NO BASIS FOR ALLOWING YOU SPECIAL PAY DURING THE PERIOD NOVEMBER 13, 1950, TO JUNE 30, 1951. SEE 36 COMP. GEN. 770. IN THAT CONNECTION, YOUR PAY RECORD SHOWS THAT FOR THE PERIOD COMMENCING JULY 1, 1951, THROUGH JUNE 30, 1953, YOU WERE CREDITED WITH SUCH SPECIAL PAY IN THE AMOUNT OF $100 PER MONTH.

AS POINTED OUT ABOVE, YOUR INDEBTEDNESS TO THE UNITED STATES NOW AMOUNTS TO $168. YOU SHOULD REMIT THAT SUM PROMPTLY, MAKING PAYMENT BY CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARD IT TO OUR OFFICE AT P.O. BOX 2610, WASHINGTON 13, D.C., CITING THE