B-148308, APR. 25, 1962

B-148308: Apr 25, 1962

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IT IS STATED IN YOUR LETTER THAT THE SERVICE MEMBER WAS ORDERED TO ACTIVE DUTY PURSUANT TO LETTER ORDER NO. WHICH WAS NOVEMBER 18. IT IS REPORTED THAT ON NOVEMBER 18. HOSPITALIZATION AND LATENESS OF THE DAY AFTER TREATMENT WAS CONCLUDED ON NOVEMBER 18. YOU INDICATE THAT YOUR OFFICE QUESTIONS THE VALIDITY OF PAYMENT BECAUSE THE INJURY WAS RECEIVED WHILE THE MEMBER WAS LOADING HIS VEHICLE PREPARING TO DEPART FROM HIS HOME. I WAS LOADING MY VEHICLE PREPARING TO DEPART FROM MY HOME IN SAN DEIGO. IT WAS APPROXIMATELY 1730 HOURS BEFORE I WAS TREATED AND RELEASED FROM THE HOSPITAL. PROVIDES THAT MEDICAL CARE FOR MEMBERS OF THE ARMY IS AUTHORIZED AS FOLLOWS: "A. A. CIVILIAN MEDICAL CARE FURNISHED OUTSIDE ARMY MEDICAL TREATMENT FACILITIES AT THE EXPENSE OF ARMY MEDICAL SERVICE FUNDS IS AUTHORIZED FOR THE FOLLOWING PERSONNEL * * *. "/2) OFFICERS.

B-148308, APR. 25, 1962

TO FINANCE AND ACCOUNTING OFFICER, MADIGAN GENERAL HOSPITAL:

YOUR LETTER DATED FEBRUARY 7, 1962, REQUESTING ADVANCE DECISION ON THE VALIDITY OF PAYMENT OF CERTAIN VOUCHERS FOR MEDICAL SERVICES FURNISHED TO E-4 JACK S. HOLZSCHUH, ER 56 310 506, HAS BEEN FORWARDED TO THIS OFFICE BY THE DIRECTOR, FIELD DIVISION OPERATIONS, FINANCE CENTER, U.S. ARMY.

IT IS STATED IN YOUR LETTER THAT THE SERVICE MEMBER WAS ORDERED TO ACTIVE DUTY PURSUANT TO LETTER ORDER NO. RRMP-11, HEADQUARTERS, SIXTH U.S. ARMY, DATED NOVEMBER 8, 1961, WHICH ORDERED THE MEMBER TO PROCEED FROM HIS HOME OR TEMPORARY ADDRESS OF RECORD (SAN DIEGO, CALIFORNIA) UPON THE EFFECTIVE DATE OF ACTIVE DUTY INDICATED, WHICH WAS NOVEMBER 18, 1961, TO REPORT NOT LATER THAN NOVEMBER 22, 1961, TO THE STATION COMMANDER, 828 STATION HOSPITAL, FORT LEWIS, WASHINGTON. IT IS REPORTED THAT ON NOVEMBER 18, 1961, HE RECEIVED AN INJURY TO HIS RIGHT HAND AND THAT DUE TO THAT INJURY, TREATMENT OF THE INJURY, HOSPITALIZATION AND LATENESS OF THE DAY AFTER TREATMENT WAS CONCLUDED ON NOVEMBER 18, THE MEMBER DEFERRED HIS DEPARTURE UNTIL NOVEMBER 19, 1961.

YOU INDICATE THAT YOUR OFFICE QUESTIONS THE VALIDITY OF PAYMENT BECAUSE THE INJURY WAS RECEIVED WHILE THE MEMBER WAS LOADING HIS VEHICLE PREPARING TO DEPART FROM HIS HOME. THE MEMBER'S AFFIDAVIT ENCLOSED WITH YOUR SUBMISSION STATES:

"I CERTIFY THAT ON 18 NOVEMBER 1961 AT APPROXIMATELY 1430 HOURS, I WAS LOADING MY VEHICLE PREPARING TO DEPART FROM MY HOME IN SAN DEIGO, CALIFORNIA IN COMPLIANCE WITH LO RRMP 11-0359, HQ, SIXTH US ARMY, DATED 8 NOVEMBER 1961, WHEN I FELL AND CUT MY RIGHT DISTAL PHALANX. I WENT TO SCRIPPS MEMORIAL HOSPITAL SAN DIEGO, CALIFORNIA FOR TREATMENT. IT WAS APPROXIMATELY 1730 HOURS BEFORE I WAS TREATED AND RELEASED FROM THE HOSPITAL.

"DUE TO THE INJURY SUSTAINED AND LATENESS OF THE DAY, I DEFERRED MY TRAVEL TO FT LEWIS, WASHINGTON, UNTIL 19 NOVEMBER 1961.'

PARAGRAPH 11A, SECTION III, AR 40-101, DATED JULY 30, 1958, PROVIDES THAT MEDICAL CARE FOR MEMBERS OF THE ARMY IS AUTHORIZED AS FOLLOWS:

"A. MEMBERS ON ACTIVE DUTY. FOR CONDITIONS NECESSITATING MEDICAL CARE DURING PERIOD OF ACTIVE DUTY WITHOUT REFERENCE TO LINE OF DUTY.'

PARAGRAPH 5, SECTION II, AR 40-103 DATED MARCH 6, 1956, PROVIDES IN PERTINENT PART AS FOLLOWS:

"FOR WHOM AUTHORIZED. A. CIVILIAN MEDICAL CARE FURNISHED OUTSIDE ARMY MEDICAL TREATMENT FACILITIES AT THE EXPENSE OF ARMY MEDICAL SERVICE FUNDS IS AUTHORIZED FOR THE FOLLOWING PERSONNEL * * *.

"/2) OFFICERS, WARRANT OFFICERS, AND ENLISTED PERSONNEL OF THE ARMY RESERVE * * * WHEN ORDERED TO ACTIVE DUTY FOR TRAINING OR RESERVE DUTY TRAINING * * *.'

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949 AS AMENDED, 37 U.S.C. 232 (E), PROVIDES THAT IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES ORDERED TO ACTIVE DUTY IN EXCESS OF 30 DAYS, ACTIVE DUTY SHALL INCLUDE "THE TIME REQUIRED TO PERFORM TRAVEL FROM HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO OME" BY THE MODE OF TRANSPORTATION AUTHORIZED IN ORDERS FOR SUCH MEMBERS. EXECUTIVE ORDER NO. 10153, AUGUST 17, 1950, AS AMENDED BY EXECUTIVE ORDER NO. 10649, DECEMBER 28, 1955, PROMULGATED PURSUANT TO THAT SECTION, PROVIDES THAT IN CASE TRAVEL BY PRIVATE CONVEYANCE IS SPECIFICALLY AUTHORIZED AND THE TRAVEL IS SO PERFORMED, THE TRAVEL TIME INCLUDED AS ACTIVE DUTY SHALL BE COMPUTED ON THE BASIS OF ONE DAY FOR EACH 300 MILES TRAVELED, AND ONE DAY OF TRAVEL TIME SHALL ALSO BE ALLOWED FOR EACH FRACTION OF 300 MILES IN EXCESS OF 150 MILES.

PARAGRAPH 20-22D OF AR 37-104, PROVIDES ESSENTIALLY THE SAME RULE FOR COMPUTATION AS THE EXECUTIVE ORDER. SECTION 20-21D (1) OF AR 37 104, PROVIDES THAT PAY STATUS BEGINS ON THE DATE THAT A MEMBER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY EITHER FOR TRAINING OR FOR MOBILIZATION AND EXTENDS TO AND INCLUDES THE DATE HE IS RELIEVED FROM ACTIVE DUTY.

THE RECORD SHOWS THAT THE MEMBER ACTUALLY DEPARTED ON THE 19TH DAY OF NOVEMBER FOR HIS DUTY STATION AND THAT THE ACTUAL PERIOD OF TRAVEL BY PRIVATE CONVEYANCE WAS NOVEMBER 19 TO 22, BOTH DATES INCLUSIVE. THUS, SINCE TRAVEL WAS ACTUALLY COMMENCED ON THE 19TH, THAT IS THE EARLIEST DATE ON WHICH HE MAY BE CONSIDERED IN AN ACTIVE DUTY STATUS. ACTS OF PREPARATION PRIOR TO ACTUAL DEPARTURE WILL NOT SERVE TO PLACE A MEMBER IN AN ACTIVE DUTY STATUS FOR PAY AND ALLOWANCES PURPOSES.

SINCE THE MEMBER WAS NOT IN AN ACTIVE DUTY STATUS AT THE TIME OF HIS INJURY, THE LAW AUTHORIZING PAYMENT FOR THE PRIVATE MEDICAL SERVICES IS NOT APPLICABLE TO HIM.