B-16393, MAY 14, 1941, 20 COMP. GEN. 772

B-16393: May 14, 1941

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THE STATUS OF A SELECTED REGISTRANT IS NOT CHANGED FROM CIVILIAN TO MILITARY UNTIL THE DATE OF HIS INDUCTION. WHICH IS THE DATE HE IS ACCEPTED BY THE LAND OR NAVAL FORCES. ARE NOT AVAILABLE FOR SUCH EXPENSES WITH RESPECT TO SELECTED REGISTRANTS PRIOR TO THE DATE OF INDUCTION. AS FOLLOWS: SEVERAL PROBLEMS HAVE APPEARED IN THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM WHICH HAVE ARISEN OUT OF THE PECULIAR RELATIONSHIP THAT EXISTS BETWEEN A SELECTED REGISTRANT AND THE UNITED STATES PRIOR TO THE ACTUAL INDUCTION OF SUCH REGISTRANT INTO THE ARMED FORCES OF THE UNITED STATES. AS YOU WILL OBSERVE BY REFERENCE TO SELECTIVE SERVICE REGULATIONS. FROM TIME OF SELECTION THROUGH EITHER INDUCTION OR REJECTION IS AS FOLLOWS: A.

B-16393, MAY 14, 1941, 20 COMP. GEN. 772

SELECTIVE SERVICE SYSTEM - SELECTED REGISTRANTS - MEDICAL TREATMENT, ETC., PRIOR TO INDUCTION UNDER THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, THE STATUS OF A SELECTED REGISTRANT IS NOT CHANGED FROM CIVILIAN TO MILITARY UNTIL THE DATE OF HIS INDUCTION, WHICH IS THE DATE HE IS ACCEPTED BY THE LAND OR NAVAL FORCES, AND, THEREFORE, FUNDS APPROPRIATED FOR EXPENSES OF PRIVATE HOSPITAL OR MEDICAL TREATMENT, OR, IN CASE OF DEATH, FOR PAYMENT OF TRANSPORTATION OF REMAINS OR FUNERAL EXPENSES, FOR MEMBERS OF THE MILITARY ESTABLISHMENT, ARE NOT AVAILABLE FOR SUCH EXPENSES WITH RESPECT TO SELECTED REGISTRANTS PRIOR TO THE DATE OF INDUCTION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE DIRECTOR OF SELECTIVE SERVICE, MAY 14, 1941:

THERE HAS BEEN RECEIVED FROM THE DEPUTY DIRECTOR, SELECTIVE SERVICE SYSTEM, A LETTER DATED APRIL 18, 1941, AS FOLLOWS:

SEVERAL PROBLEMS HAVE APPEARED IN THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM WHICH HAVE ARISEN OUT OF THE PECULIAR RELATIONSHIP THAT EXISTS BETWEEN A SELECTED REGISTRANT AND THE UNITED STATES PRIOR TO THE ACTUAL INDUCTION OF SUCH REGISTRANT INTO THE ARMED FORCES OF THE UNITED STATES.

AS YOU WILL OBSERVE BY REFERENCE TO SELECTIVE SERVICE REGULATIONS, THE COURSE OF EVENTS, CHRONOLOGICALLY ARRANGED, FROM TIME OF SELECTION THROUGH EITHER INDUCTION OR REJECTION IS AS FOLLOWS:

A. NOTICE OF SELECTION ( DSS FORM 148) MAILED TO MAN.

B. ORDER TO REPORT FOR INDUCTION ( DSS FORM 150) MAILED TO MAN.

C. MAN PRESENTS HIMSELF TO LOCAL BOARD PURSUANT TO DSS FORM 150.

D. LOCAL BOARD CAUSES MAN TO BE TRANSPORTED, AT GOVERNMENT EXPENSE, TO VICINITY OF INDUCTION STATION.

E. COMMANDING OFFICER OF INDUCTION STATION HAS MAN MET AND TRANSPORTED TO INDUCTION STATION.

F. MAN IS EXAMINED AT INDUCTION STATION AND EITHER (1) FOUND ACCEPTABLE AND INDUCTED INTO THE ARMED FORCES, OR (2) FOUND NOT ACCEPTABLE AND FURNISHED TRANSPORTATION BY COMMANDING OFFICER OF INDUCTION STATION BACK TO HIS HOME.

THE QUESTIONS PRESENTED CONCERN THE EXTENT TO WHICH SELECTIVE SERVICE FUNDS MAY LAWFULLY BE OBLIGATED ON ACCOUNT OF CERTAIN INCIDENTS WHICH MAY HAPPEN TO THE SELECTED REGISTRANT FROM THE TIME HE RECEIVES HIS NOTICE OF SELECTION ( DSS FORM 148) UNTIL HE IS EITHER INDUCTED INTO THE ARMED FORCES OF THE UNITED STATES OR IS REJECTED AT THE INDUCTION STATION AND ARRIVES AT HIS HOME. ACCORDINGLY, THE FOLLOWING QUESTIONS ARE SUBMITTED FOR YOUR CONSIDERATION:

(1) MAY THE DIRECTOR OF SELECTIVE SERVICE BY REGULATION OR OTHERWISE APPROVE OR AUTHORIZE PAYMENT FOR EMERGENCY HOSPITALIZATION AND MEDICAL SERVICES INCURRED ON ACCOUNT OF THE SELECTED REGISTRANTS? (IT IS UNDERSTOOD THAT TEMPORARY HOSPITALIZATION SHOULD BE IN A MILITARY OR OTHER FEDERAL HOSPITAL IF AVAILABLE.)

(2) MAY THE DIRECTOR OF SELECTIVE SERVICE BY REGULATION OR OTHERWISE APPROVE OR AUTHORIZE PAYMENT FOR TRANSPORTATION OF REMAINS OR FOR FUNERAL EXPENSES INCURRED ON ACCOUNT OF SUCH SELECTED REGISTRANTS WHO HAVE BECOME DECEASED?

IT IS TO BE NOTED THAT THE QUESTIONS PROPOUNDED DO NOT APPEAR TO INVOLVE A SPECIFIC CASE, BEING HYPOTHETICAL IN NATURE, BUT IT IS ASSUMED ANSWERS THERETO ARE DESIRED FOR THE PURPOSE OF FORMULATING FUTURE POLICY IN CONNECTION WITH THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM AND THE PROPER EXPENDITURE OF GOVERNMENT FUNDS APPROPRIATED FOR THAT PURPOSE.

IN SECTION 3 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, APPROVED SEPTEMBER 16, 1940, PUBLIC NO. 783, 54 STAT. 885, THE PRESIDENT IS AUTHORIZED FROM TIME TO TIME, WHETHER OR NOT A WAR EXISTS, TO SELECT AND INDUCT INTO THE LAND AND NAVAL FORCES OF THE UNITED STATES FOR TRAINING AND SERVICE, IN THE MANNER PROVIDED IN THE ACT, SUCH NUMBER OF MEN AS IN HIS JUDGMENT IS REQUIRED FOR SUCH FORCES IN THE NATIONAL INTEREST. OTHER PROVISIONS OF THE ACT PROVIDE:

SEC. 3. (A) * * * THAT NO MAN SHALL BE INDUCTED FOR TRAINING AND SERVICE UNDER THIS ACT UNLESS AND UNTIL HE IS ACCEPTABLE TO THE LAND OR NAVAL FORCES FOR SUCH TRAINING AND SERVICE AND HIS PHYSICAL AND MENTAL FITNESS FOR SUCH TRAINING AND SERVICE HAS BEEN SATISFACTORILY DETERMINED: PROVIDED FURTHER, THAT NO MAN SHALL BE INDUCTED FOR SUCH TRAINING AND SERVICE UNTIL ADEQUATE PROVISION SHALL HAVE BEEN MADE FOR SUCH SHELTER, SANITARY FACILITIES, WATER SUPPLIES, HEATING AND LIGHTING ARRANGEMENTS, MEDICAL CARE, AND HOSPITAL ACCOMMODATIONS, FOR SUCH MEN, AS MAY BE DETERMINED BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, AS THE CASE MAY BE, TO BE ESSENTIAL TO PUBLIC AND PERSONAL HEALTH: PROVIDED FURTHER, THAT EXCEPT IN TIME OF WAR THERE SHALL NOT BE IN ACTIVE TRAINING OR SERVICE IN THE LAND FORCES OF THE UNITED STATES AT ANY ONE TIME UNDER SUBSECTION (B) MORE THAN NINE HUNDRED THOUSAND MEN INDUCTED UNDER THE PROVISIONS OF THIS ACT. THE MEN INDUCTED INTO THE LAND OR NAVAL FORCES FOR TRAINING AND SERVICE UNDER THIS ACT SHALL BE ASSIGNED TO CAMPS OR UNITS OF SUCH FORCES.

(D) WITH RESPECT TO THE MEN INDUCTED FOR TRAINING AND SERVICE UNDER THIS ACT THERE SHALL BE PAID, ALLOWED, AND EXTENDED THE SAME PAY,ALLOWANCES, PENSIONS, DISABILITY, AND DEATH COMPENSATION, AND OTHER BENEFITS AS ARE PROVIDED BY LAW IN THE CASE OF OTHER ENLISTED MEN OF LIKE GRADES AND LENGTH OF SERVICE OF THAT COMPONENT OF THE LAND OR NAVAL FORCES TO WHICH THEY ARE ASSIGNED, * * *

SEC. 6. THE PRESIDENT SHALL HAVE AUTHORITY TO INDUCT INTO THE LAND AND NAVAL FORCES OF THE UNITED STATES UNDER THIS ACT NO GREATER NUMBER OF MEN THAN THE CONGRESS SHALL HEREAFTER MAKE SPECIFIC APPROPRIATION FOR FROM TIME TO TIME.

SEC. 11. * * * NO PERSON SHALL BE TRIED BY ANY MILITARY OR NAVAL COURT MARTIAL IN ANY CASE ARISING UNDER THIS ACT UNLESS SUCH PERSON HAS BEEN ACTUALLY INDUCTED FOR THE TRAINING AND SERVICE PRESCRIBED UNDER THIS ACT OR UNLESS HE IS SUBJECT TO TRIAL BY COURT MARTIAL UNDER LAWS IN FORCE PRIOR TO THE ENACTMENT OF THIS ACT. PRECEDENCE SHALL BE GIVEN BY COURTS TO THE TRIAL OF CASES ARISING UNDER THIS ACT.

SEE, ALSO, THE PROVISIONS OF SECTION 10A (3) OF THE SAME ACT REGARDING THE APPOINTMENT OF CLERICAL AND STENOGRAPHIC EMPLOYEES, UTILIZATION OF THE SERVICES OF OTHER DEPARTMENTS OF THE GOVERNMENT AND SPECIFIC AUTHORITY FOR PRINTING, BINDING, ETC.

THE THIRD SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941, APPROVED OCTOBER 8, 1940, PUBLIC NO. 800, SEVENTY-SIXTH CONGRESS, APPROPRIATED FUNDS UNDER PAY OF THE ARMY FOR 800,000 SELECTIVE TRAINEES AND IN THE SAME TITLE UNDER " SELECTIVE SERVICE SYSTEM" FUNDS WERE PROVIDED:

FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM AS AUTHORIZED BY THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 ( PUBLIC, NUMBERED 783, SEVENTY-SIXTH CONGRESS), INCLUDING PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA AND ELSEWHERE, LAW BOOKS, PERIODICALS, AND BOOKS OF REFERENCE, PAYMENT OF ACTUAL TRANSPORTATION EXPENSES AND NOT TO EXCEED $10 PER DIEM IN LIEU OF SUBSISTENCE AND OTHER EXPENSES OF PERSONS SERVING WHILE AWAY FROM THEIR HOMES, WITHOUT OTHER COMPENSATION FROM THE UNITED STATES, IN AN ADVISORY CAPACITY TO THE DIRECTOR OF SELECTIVE SERVICE; AND PURCHASE AND EXCHANGE, AND HIRE, OPERATION, MAINTENANCE, AND REPAIR OF MOTOR-PROPELLED PASSENGER CARRYING VEHICLES, INCLUDING ONE AUTOMOBILE (AT A COST NOT EXCEEDING $1,500) FOR THE DIRECTOR OF SELECTIVE SERVICE, $24,825,108, TO REMAIN AVAILABLE UNTIL JUNE 30, 1942: PROVIDED, THAT THE TRAVEL OF PERSONS ENGAGED IN THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM, INCLUDING COMMISSIONED, WARRANT, OR ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, OR THEIR RESERVE COMPONENTS, MAY BE ORDERED BY THE DIRECTOR OR BY SUCH PERSONS AS HE MAY AUTHORIZE, AND PERSONS SO TRAVELING SHALL BE ENTITLED TO TRANSPORTATION AND SUBSISTENCE OR PER DIEM IN LIEU OF SUBSISTENCE, AT RATES AUTHORIZED BY LAW.

UNLIKE THE SELECTIVE SERVICE SYSTEM CREATED AND ADMINISTERED UNDER THE ACT OF MAY 18, 1917, 40 STAT. 77, AND THE REGULATIONS PROMULGATED IN PURSUANCE THEREOF, UNDER WHICH EACH MAN IN RESPECT OF WHOM NOTICE TO REPORT HAD BEEN POSTED OR MAILED "SHALL BE IN THE MILITARY SERVICE OF THE UNITED STATES" FROM THE TIME SPECIFIED FOR REPORTING TO THE LOCAL BOARD FOR MILITARY DUTY (SEE 26 COMP. DEC. 298) THE PRESENT SELECTIVE TRAINING AND SERVICE ACT FIXES THE TIME WHEN THE STATUS OF THE SELECTEE IS CHANGED FROM CIVILIAN TO MILITARY AS THE DATE OF INDUCTION WHICH IS DEFERRED UNTIL HE IS ACCEPTED BY THE LAND OR NAVAL FORCES. PRIOR TO INDUCTION FOR TRAINING AND SERVICE HE IS NOT ENTITLED TO THE BENEFITS PROVIDED BY SECTION 3 (D) OF THE ACT, 54 STAT. 886, AND IS NOT SUBJECT TO THE JURISDICTION OF MILITARY COURTS MARTIAL UNDER SECTION 11, 54 STAT. 894. CLEARLY, THEREFORE, THE FUNDS APPROPRIATED FOR THE MILITARY SERVICE GENERALLY WOULD NOT BE AVAILABLE FOR THE PAYMENT OF ANY EXPRESS FOR PRIVATE HOSPITAL OR MEDICAL TREATMENT OR IN THE CASE OF DEATH PRIOR TO INDUCTION, FOR PAYMENT OF TRANSPORTATION OF REMAINS OR FUNERAL EXPENSES, ALTHOUGH OTHERWISE SPECIFICALLY AVAILABLE IN PROPER CASES FOR MEMBERS OF THE MILITARY ESTABLISHMENT. SEE 26 COMP. DEC. 678.

IT APPEARS TO HAVE BEEN THE UNIFORM REQUIREMENT HERETOFORE WHEN THERE HAS BEEN A PURPOSE TO PROVIDE AT GOVERNMENT EXPENSE HOSPITAL AND MEDICAL TREATMENT, TO FURNISH TRANSPORTATION OF REMAINS, OR TO PAY FUNERAL EXPENSES OF DECEASED PERSONNEL, TO MAKE SPECIFIC PROVISION THEREFOR BY LAW AND IN THE ABSENCE OF SUCH EXPRESS STATUTORY PROVISION THERE MAY BE INCURRED NO SUCH OBLIGATIONS PAYABLE FROM GOVERNMENT FUNDS. SEE, FOR EXAMPLE, THE ACT OF JULY 15, 1939, 53 STAT. 1042, APPLICABLE GENERALLY TO THE NATIONAL GUARD AND RESERVE FORCES OF THE ARMY; SECTION 304 OF THE NAVAL RESERVE ACT OF JUNE 25, 1938, 52 STAT. 1181, APPLICABLE TO MEMBERS OF THE NAVAL RESERVE INJURED IN LINE OF DUTY OR WHO DIE AS A RESULT THEREOF; ALSO THE PERTINENT PROVISIONS IN ANNUAL APPROPRIATIONS FOR THE MILITARY AND NAVAL SERVICE PROVIDING FUNDS SPECIFICALLY FOR SUBSTANTIALLY THE SAME PURPOSES. SEE ALSO THE PROVISION APPEARING IN THE ANNUAL APPROPRIATION FOR THE MILITARY ESTABLISHMENT UNDER " MEDICAL DEPARTMENT," AND SECTION 1586, REVISED STATUTES. A CAREFUL EXAMINATION OF THE APPROPRIATION PROVISION FOR THE SELECTIVE SERVICE SYSTEM DISCLOSES NO SPECIFIC PROVISION FOR PAYMENT THEREFROM OF EXPENSES OF THE NATURE REFERRED TO IN THE LETTER OF APRIL 18, 1941, NOR ANY LANGUAGE REASONABLY SUGGESTING THE AVAILABILITY OF SUCH FUNDS AND IN THE ABSENCE THEREOF THE TWO QUESTIONS PROPOUNDED ARE REQUIRED TO BE ANSWERED IN THE NEGATIVE.