B-5010, AUGUST 30, 1939, 19 COMP. GEN. 308
Highlights
AS THE TRAVEL TIME SO REQUIRED IMMEDIATELY PRECEDES THE DATE OF REPORTING BECAUSE NO TRAVEL IS REQUIRED UNDER SUCH ORDERS UNTIL AFTER THE EXPIRATION OF THE LEAVE. PAYMENT IS AUTHORIZED FOR PRIVATE MEDICAL AND HOSPITAL TREATMENT FURNISHED A NAVY ENLISTED MAN HOSPITALIZED DURING A CHANGE OF STATION INVOLVING A DELAY IN REPORTING. I HAVE REVIEWED THE SETTLEMENT OF JUNE 15. ARE NOT ENTITLED TO MEDICAL TREATMENT AT THE EXPENSE OF THE UNITED STATES EXCEPT IN NAVAL HOSPITALS. BECAUSE THE MAN APPEARED NOT TO HAVE BEEN IN A DUTY STATUS WHEN ADMITTED TO THE HOSPITAL YOUR CLAIM WAS DISALLOWED. AS STATEMENTS WERE MADE IN THE CORRESPONDENCE THAT THE ENLISTED MAN WAS GRANTED 20 DAYS' LEAVE OF ABSENCE EN ROUTE AND WAS ADMITTED TO THE PRIVATE HOSPITAL WHILE HE WAS ON LEAVE.
B-5010, AUGUST 30, 1939, 19 COMP. GEN. 308
MEDICAL TREATMENT - PRIVATE - MILITARY, NAVAL, ETC., PERSONNEL ON CHANGE OF STATION INVOLVING DELAY IN REPORTING TO COUNT AS LEAVE AS A GRANT OF LEAVE COVERING A PERIOD OF DELAY IN THE REPORTING OF SERVICE PERSONNEL TO A NEW STATION DOES NOT COVER THE ENTIRE PERIOD FROM DATE OF DETACHMENT TO DATE OF REPORTING BUT COVERS ONLY SAID PERIOD LESS THE TIME REQUIRED FOR COMMERCIAL TRAVEL BETWEEN THE TWO POINTS, AND AS THE TRAVEL TIME SO REQUIRED IMMEDIATELY PRECEDES THE DATE OF REPORTING BECAUSE NO TRAVEL IS REQUIRED UNDER SUCH ORDERS UNTIL AFTER THE EXPIRATION OF THE LEAVE, PAYMENT IS AUTHORIZED FOR PRIVATE MEDICAL AND HOSPITAL TREATMENT FURNISHED A NAVY ENLISTED MAN HOSPITALIZED DURING A CHANGE OF STATION INVOLVING A DELAY IN REPORTING, WHERE THE HOSPITALIZATION OCCURRED DURING THE TIME REQUIRED TO PERFORM THE COMMERCIAL TRAVEL TO THE NEW DUTY STATION, THE ENLISTED MAN BEING IN A DUTY STATUS FOR THAT PERIOD OF TIME, AS DISTINGUISHED FROM THE AUTHORIZED DELAY PERIOD.
ASSISTANT COMPTROLLER GENERAL ELLIOTT TO PAUL N. SQUIRE, AUGUST 30, 1939:
PURSUANT TO YOUR REQUEST IN LETTER OF JUNE 23, 1939, TRANSMITTED TO THIS OFFICE BY HON. VIC DONAHEY, UNITED STATES SENATE, I HAVE REVIEWED THE SETTLEMENT OF JUNE 15, 1939, DISALLOWING YOUR CLAIM FOR PAYMENT FOR PROFESSIONAL SERVICES RENDERED OSCAR ROBERT JOHNSON, LATE HOSPITAL APPRENTICE, SECOND CLASS, UNITED STATES NAVY, FOR THE PERIOD NOVEMBER 5 TO 8, 1938.
PERSONNEL OF THE NAVY, OFFICERS, OR ENLISTED MEN, NOT ON DUTY, ARE NOT ENTITLED TO MEDICAL TREATMENT AT THE EXPENSE OF THE UNITED STATES EXCEPT IN NAVAL HOSPITALS. BECAUSE THE MAN APPEARED NOT TO HAVE BEEN IN A DUTY STATUS WHEN ADMITTED TO THE HOSPITAL YOUR CLAIM WAS DISALLOWED, AS STATEMENTS WERE MADE IN THE CORRESPONDENCE THAT THE ENLISTED MAN WAS GRANTED 20 DAYS' LEAVE OF ABSENCE EN ROUTE AND WAS ADMITTED TO THE PRIVATE HOSPITAL WHILE HE WAS ON LEAVE. LETTER OF THE BUREAU OF MEDICINE AND SURGERY OF MARCH 2, 1939, INDICATES THE MAN WAS IN A LEAVE STATUS WHEN HE ENTERED THE HOSPITAL. THAT UNDERSTANDING SEEMS TO HAVE BEEN BASED ON STATEMENT OF THE COMMANDING OFFICER OF THE U.S.S. RIGEL THAT JOHNSON WAS GRANTED 20 DAYS' DELAY IN REPORTING. THE REPORT OF THE BUREAU OF NAVIGATION, NOVEMBER 21, 1938, STATES THAT JOHNSON WAS AUTHORIZED TO DELAY 10 DAYS IN REPORTING. THE MAN'S DUTY STATUS IS TO BE DETERMINED FROM THE TERMS OF HIS ORDERS RATHER THAN ANY STATEMENT IN CORRESPONDENCE RELATIVE TO HIS DUTY STATUS. THE ORDERS DIRECTING THE CHANGE OF STATION SHOW THAT THE MAN WAS AUTHORIZED TO PERFORM THE TRAVEL AT HIS OWN EXPENSE WITH A DELAY IN REPORTING UNTIL 8 A.M., NOVEMBER 10, 1938, AND HIS ADDRESS WHILE CARRYING OUT THE ORDERS WAS GIVEN AS 410 BRIDGEWATER AVENUE, CHIPPEWA FALLS, WIS. EVIDENTLY, THE PURPOSE OF GRANTING DELAY EN ROUTE WAS TO ENABLE THE MAN TO VISIT HIS HOME IN CHIPPEWA FALLS, WIS. ORDERS IN THIS FORM DO NOT CONSTITUTE A GRANT OF LEAVE FOR THE ENTIRE PERIOD FROM THE DATE OF DETACHMENT TO DATE OF REPORTING BUT ONLY FOR SUCH PERIOD LESS TRAVEL TIME. FOR THE COMMERCIAL TRAVEL TIME BETWEEN THE DUTY STATIONS THE MAN IS IN A DUTY STATUS, AND ONLY THE DELAY PERIOD IS TO BE COUNTED AS LEAVE. THE COMMERCIAL TRAVEL, TIME BETWEEN SAN DIEGO, CALIF., AND NORFOLK, VA., IS 5 DAYS AND IN ORDER TO REPORT FOR DUTY AT 8 A.M., NOVEMBER 10, 1938, IT WAS NECESSARY THAT THE MAN COMPLETE TRAVEL TO NORFOLK, VA., ON NOVEMBER 9, 1938.
WHERE DELAY IN REPORTING IS GRANTED SERVICE PERSONNEL WHILE EN ROUTE BETWEEN STATIONS TO COUNT AS LEAVE NO TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF THE LEAVE GRANTED--- THAT IS, THE TRAVEL TIME IMMEDIATELY PRECEDES THE DATE OF REPORTING. 2 COMP. GEN. 638; 8 ID. 524; 9 ID. 315. ALLOWING 5 DAYS' TRAVEL TIME IMMEDIATELY PRECEDING THE DATE THE MAN WAS REQUIRED TO REPORT WOULD INCLUDE THE PERIOD FROM NOVEMBER 5 TO 9, INCLUSIVE, AND DURING THAT PERIOD THE MAN WOULD HAVE BEEN IN A DUTY STATUS. ACCORDINGLY, THE SETTLEMENTS ARE REVISED YOUR CLAIM AND THE CLAIMS OF THE NURSES AND THE HOSPITAL CONCERNED, INSOFAR AS OTHERWISE CORRECT, WILL BE ALLOWED. YOU WILL BE NOTIFIED WHEN SETTLEMENT IS ACCOMPLISHED.