B-148060, MAR. 26, 1962

B-148060: Mar 26, 1962

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YOU FURTHER CONTEND THAT BETWEEN THOSE DATES YOU WERE NOT GIVEN THE MEDICAL CARE TO WHICH YOU WERE ENTITLED UNDER YOUR CONTRACT. YOUR CLAIM WAS DISALLOWED UPON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE ARMY TO THE EFFECT THAT YOU RECEIVED ALL THE MEDICAL AND HOSPITAL SERVICES AVAILABLE IN KOREA DURING THE PERIOD INVOLVED. IN SUPPORT OF HER CONTENTION THAT THE REPORTS OF THE AGENCY WERE INCOMPLETE AND MISLEADING MRS. WHO WAS AGREEABLE TO PERFORMING THE OPERATION WHICH YOU BELIEVED TO BE NECESSARY WAS ON HAND IN KOREA IN 1960 AND THE NECESSARY FACILITIES WERE AVAILABLE AT NEARBY CAMP ZAMA. IN APPEARS THAT THE HOSPITAL BUILDING PICTURED IN ARMY PAMPHLET NO. 690-4 HAD BEEN TURNED BACK TO THE KOREAN GOVERNMENT PRIOR TO YOUR ASSIGNMENT TO THAT AREA IN JANUARY 1956 AND THEREFORE WAS ERRONEOUSLY INSERTED IN THE PAMPHLET.

B-148060, MAR. 26, 1962

TO MR. WILLIAM LEAVITT:

ON JANUARY 16, 1962, MRS. MAURINE H. ABERNATHY, ACTING UNDER YOUR POWER OF ATTORNEY, REQUESTED RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR PRIVATE MEDICAL SERVICES, EXTRA COST OF LIVING, ADDITIONAL COMPENSATION, AND RESTORATION OF SICK LEAVE, INCIDENT TO YOUR SERVICES WITH THE DEPARTMENT OF THE ARMY IN KOREA.

YOU CONTEND THAT IN AUGUST 1954, YOU DEVELOPED AN EAR AILMENT WHICH BECAME PROGRESSIVELY WORSE UNTIL YOU UNDERWENT AN OPERATION BY A PRIVATE SURGEON IN SAN FRANCISCO IN 1960. YOU FURTHER CONTEND THAT BETWEEN THOSE DATES YOU WERE NOT GIVEN THE MEDICAL CARE TO WHICH YOU WERE ENTITLED UNDER YOUR CONTRACT. YOUR CLAIM WAS DISALLOWED UPON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE ARMY TO THE EFFECT THAT YOU RECEIVED ALL THE MEDICAL AND HOSPITAL SERVICES AVAILABLE IN KOREA DURING THE PERIOD INVOLVED.

IN SUPPORT OF HER CONTENTION THAT THE REPORTS OF THE AGENCY WERE INCOMPLETE AND MISLEADING MRS. ABERNATHY FORWARDED WITH HER LETTER OF JANUARY 16, A COPY OF A PART OF DEPARTMENT OF THE ARMY PAMPHLET NO. 690-4 DATED OCTOBER 23, 1957, CONTAINING A PICTURE OF A BUILDING BEARING THE PTION,"SEOULE'S 34TH GENERAL HOSPITAL, TYPICAL OF ARMY MEDICAL CENTERS" , WHICH HOSPITAL, SHE MAINTAINS, NEVER EXISTED. IN ADDITION SHE STATED THAT A COMPETENT EXPERIENCED SURGEON, WHO WAS AGREEABLE TO PERFORMING THE OPERATION WHICH YOU BELIEVED TO BE NECESSARY WAS ON HAND IN KOREA IN 1960 AND THE NECESSARY FACILITIES WERE AVAILABLE AT NEARBY CAMP ZAMA, JAPAN, A DISTANCE WHICH REQUIRED ONLY 30 MINUTES TRAVELING TIME.

IN VIEW OF THOSE STATEMENTS WE REQUESTED A SUPPLEMENTAL REPORT FROM THE AGENCY, A COPY OF WHICH WE ENCLOSE.

IN APPEARS THAT THE HOSPITAL BUILDING PICTURED IN ARMY PAMPHLET NO. 690-4 HAD BEEN TURNED BACK TO THE KOREAN GOVERNMENT PRIOR TO YOUR ASSIGNMENT TO THAT AREA IN JANUARY 1956 AND THEREFORE WAS ERRONEOUSLY INSERTED IN THE PAMPHLET. HOWEVER SINCE THE PAMPHLET WAS ISSUED ABOUT A YEAR AND NINE MONTHS AFTER YOUR KOREAN ASSIGNMENT BEGAN AND NO PICTURE OF ANY MEDICAL CENTER APPEARED IN THE EARLIER PAMPHLET (1954) IT DOES NOT APPEAR THAT YOU COULD HAVE BEEN INFLUENCED BY IT WHEN ACCEPTING THE ASSIGNMENT.

CONCERNING THE FAILURE OF THE MEDICAL AUTHORITIES TO PERFORM THE OPERATION REQUESTED BY YOU WE DIRECT YOUR ATTENTION TO PARAGRAPH 3 OF THE REPORT FROM WHICH IT APPEARS THAT THE ASCOM CITY HOSPITAL IS 45 MINUTES BY CAR FROM SEOULE, KOREA. FROM THERE TO TACHIKAWA AIR BASE IN JAPAN TRAVEL BY MILITARY AIR REQUIRES ABOUT 4 HOURS. THE AIR BASE IS SOME 22 MILES FROM CAMP ZAMA. THUS, ASIDE FROM OTHER MATTERS THAT MAY HAVE ENTERED INTO THE DECISION OF THE AUTHORITIES AS SET FORTH IN THE REPORT, YOUR STATEMENT THAT THE NECESSARY FACILITIES FOR THE OPERATION WERE AVAILABLE ONLY 30 MINUTES TRAVEL TIME AWAY IS AT WIDE VARIANCE FROM THE REPORT OF THE AGENCY.

WHEN THERE ARISE, AS IN THIS CASE, DISPUTED QUESTIONS OF MATERIAL FACTS BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT THE RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS. 16 COMP. GEN. 325.

UPON REVIEW THE SETTLEMENT OF DECEMBER 21, 1961, WHICH DISALLOWED YOUR CLAIM, IS SUSTAINED.