B-154115, JUN. 18, 1964

B-154115: Jun 18, 1964

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THESE EXAMINATIONS WERE PERFORMED BY YOU DURING THE PERIOD OCTOBER 1 TO DECEMBER 1. WERE INCIDENT TO THE ACTIVATION ON OCTOBER 1. YOUR CLAIM WAS DENIED. THE PHYSICAL EXAMINATIONS PERFORMED BY YOU WERE NOT COMPLETE AND WHILE YOU WERE VERBALLY REQUESTED TO PERFORM THE EXAMINATIONS BY A MILITARY OFFICER WITHOUT ANY AGREEMENT AS TO COMPENSATION. SUCH EXAMINATIONS WOULD HAVE HAD TO HAVE BEEN PERFORMED AT GOVERNMENT EXPENSE AFTER INDUCTION. THERE SEEMS TO BE NO QUESTION BUT THAT THE EXAMINATIONS WERE OF SOME VALUE TO THE GOVERNMENT. THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT THE REASONABLE VALUE OF YOUR SERVICES TO THE GOVERNMENT IS $1. WE ARE ALLOWING THAT AMOUNT. CHECK IN THAT AMOUNT WILL BE FORTHCOMING.

B-154115, JUN. 18, 1964

TO DR. EVERETT B. BAKER:

BY LETTER DATED APRIL 14, 1964, YOU RESUBMITTED YOUR CLAIM FOR PAYMENT OF FEES FOR PHYSICAL EXAMINATIONS PERFORMED FOR MEMBERS OF THE 103D AC AND W SQUADRON OF THE AIR NATIONAL GUARD, ORANGE, CONNECTICUT. THESE EXAMINATIONS WERE PERFORMED BY YOU DURING THE PERIOD OCTOBER 1 TO DECEMBER 1, 1961, AND WERE INCIDENT TO THE ACTIVATION ON OCTOBER 1, 1961 OF THE ABOVE-NAMED RESERVE SQUADRON. AS YOU KNOW, BY CLAIMS SETTLEMENT CERTIFICATE Z-1765433, MAY 1, 1963, YOUR CLAIM WAS DENIED.

A COMPLETE REVIEW OF THE FILE CONCERNING YOUR CLAIM HAS BEEN MADE. THE PHYSICAL EXAMINATIONS PERFORMED BY YOU WERE NOT COMPLETE AND WHILE YOU WERE VERBALLY REQUESTED TO PERFORM THE EXAMINATIONS BY A MILITARY OFFICER WITHOUT ANY AGREEMENT AS TO COMPENSATION, THE REGULATIONS OF THE DEPARTMENT OF THE AIR FORCE DID NOT AUTHORIZE THE EMPLOYMENT OF CIVILIAN PHYSICIANS TO EXAMINE MEMBERS OF AN AIR NATIONAL GUARD SQUADRON PRIOR TO INDUCTION. IF THE PHYSICAL EXAMINATIONS HAD NOT BEEN PERFORMED PRIOR TO INDUCTION, HOWEVER, SUCH EXAMINATIONS WOULD HAVE HAD TO HAVE BEEN PERFORMED AT GOVERNMENT EXPENSE AFTER INDUCTION. THERE SEEMS TO BE NO QUESTION BUT THAT THE EXAMINATIONS WERE OF SOME VALUE TO THE GOVERNMENT.

THE DEPARTMENT OF THE AIR FORCE HAS DETERMINED THAT THE REASONABLE VALUE OF YOUR SERVICES TO THE GOVERNMENT IS $1,255. THE ALLOWANCE OF ANY GREATER AMOUNT BY THIS OFFICER WOULD NOT BE WARRANTED IN THE ABSENCE OF A COURT DECISION. CHARLES V. UNITED STATES, 19 CT.CLS. 316; LONGWILL V. UNITED STATES, 17 CT.CLS. 288. WE ARE ALLOWING THAT AMOUNT, HOWEVER, IF YOU AGREE TO ACCEPT IT LESS YOUR OUTSTANDING INDEBTEDNESS TO THE GOVERNMENT IN FULL AND FINAL SETTLEMENT OF YOUR CLAIM. CHECK IN THAT AMOUNT WILL BE FORTHCOMING.

THE BALANCE OF YOUR INDEBTEDNESS IN THE AMOUNT OF $285.30 REFERRED TO IN THE CERTIFICATE OF SETTLEMENT CONSISTED OF AN AMOUNT OF $90 STILL OWED ON AN ORIGINAL INDEBTEDNESS OF $600 INCURRED AS A RESULT OF NONDEDUCTION TO COVER PAYMENT OF A SAVINGS ALLOTMENT PLUS ANOTHER INDEBTEDNESS OF $195.30 INCURRED BY REASON OF PAYMENT BY THE GOVERNMENT OF UNAUTHORIZED STORAGE AND RELATED CHARGES ON YOUR HOUSEHOLD EFFECTS. IN VIEW OF YOUR ALLEGATION THAT ONLY $60 REMAINS UNPAID, THE AMOUNT OF THE INDEBTEDNESS REMAINING UNPAID WILL BE REVIEWED AGAIN BY OUR CLAIMS DIVISION.