B-201059(1), MAR 9, 1981

B-201059(1): Mar 9, 1981

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WE HAVE THE HONOR TO TRANSMIT OUR REPORT AND RECOMMENDATION TO THE CONGRESS CONCERNING THE CLAIM OF STAFF SERGEANT ANNE M. SERGEANT FISHER IS CLAIMING REIMBURSEMENT FOR THE EXPENSES OF UNAUTHORIZED MEDICAL CARE SHE RECEIVED FROM CIVILIAN SOURCES IN 1978 AND 1979 WHEN SHE WAS SERVING ON A SPECIAL 2-YEAR TOUR OF ACTIVE DUTY AS AN AMRMY RECRUITER IN JACKSON. WHILE WE ARE REQUESTING FAVORABLE CONSIDERATION OF THIS CLAIM BY THE CONGRESS. WE WILL CONTINUE TO CONSIDER OTHER SUCH CASES AS MERITORIOUS CLAIMS BASED SOLELY UPON THE FACTS AND CIRCUMSTANCES THEREIN INVOLVED. AN IDENTICAL REPORT IS BEING TRANSMITTED TO THE PRESIDENT OF THE SENATE.

B-201059(1), MAR 9, 1981

PRECIS-UNAVAILABLE

THOMAS P. O'NEILL, JR., HOUSE OF REPRESENTATIVES:

PURSUANT TO THE ACT OF APRIL 10, 1928, CH. 334 45 STAT. 413, 31 U.S.C. 236, WE HAVE THE HONOR TO TRANSMIT OUR REPORT AND RECOMMENDATION TO THE CONGRESS CONCERNING THE CLAIM OF STAFF SERGEANT ANNE M. FISHER, UNITED STATES ARMY RESERVE, WITH THE REQUEST THAT YOU PRESENT THE SAME TO THE HOUSE OF REPRESENTATIVES.

IN ESSENCE, SERGEANT FISHER IS CLAIMING REIMBURSEMENT FOR THE EXPENSES OF UNAUTHORIZED MEDICAL CARE SHE RECEIVED FROM CIVILIAN SOURCES IN 1978 AND 1979 WHEN SHE WAS SERVING ON A SPECIAL 2-YEAR TOUR OF ACTIVE DUTY AS AN AMRMY RECRUITER IN JACKSON, MICHIGAN. THE COMMANDING OFFICER OF THE RECRUITING DETACHMENT ADVISED HER THAT THE ARMY WOULD TAKE CARE OF HER MEDICAL BILLS, BUT THE APPLICABLE REGULATIONS REQUIRED THAT SHE FIRST SEEK TREATMENT AT A MILITARY MEDICAL FACILITY BEFORE OBTAINING CIVILIAN MEDICAL SERVICES AT ARMY EXPENSE. PAYMENT MAY NOT LAWFULLY BE MADE ON SERGEANT FISHER'S CLAIM DESPITE THE IMPROPER ADVICE SHE RECEIVED FROM HER COMMANDING OFFICER IN THE MATTER.

GENERALLY, WE DO NOT FORWARD CASES TO THE CONGRESS THAT INVOLVE SERVICE MEMBERS' CLAIMS FOR REIMBURSEMENT OF THE COSTS OF UNAUTHORIZED MEDICAL CARE FOR CONSIDERATION AS MERITORIOUS CLAIMS. HOWEVER, FOR THE REASONS STATED IN OUR REPORT, WE BELIEVE THE CLAIM OF SERGEANT FISHER TO BE SUFFICIENTLY DISTINCTIVE SO AS TO DESERVE THE CONSIDERATION OF THE CONGRESS.

WHILE WE ARE REQUESTING FAVORABLE CONSIDERATION OF THIS CLAIM BY THE CONGRESS, WE WILL CONTINUE TO CONSIDER OTHER SUCH CASES AS MERITORIOUS CLAIMS BASED SOLELY UPON THE FACTS AND CIRCUMSTANCES THEREIN INVOLVED.

AN IDENTICAL REPORT IS BEING TRANSMITTED TO THE PRESIDENT OF THE SENATE.