B-94889, MAY 10, 1951, 30 COMP. GEN. 445

B-94889, MAY 10, 1951, 30 COMP. GEN. 445

PAY - ACTIVE DUTY - MEMBERS OF RESERVE OFFICERS' TRAINING CORPS HOSPITALIZED DURING TRAINING PERIOD A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS WHO WAS ORDERED TO TRAINING DUTY AND WAS INJURED WHILE EN ROUTE THERETO, BUT AFTER RECEIVING CIVILIAN MEDICAL TREATMENT REPORTED AT CAMP ON THE DATE PRESCRIBED IN HIS ORDERS AND WAS HOSPITALIZED FOR SUCH INJURY, MAY BE REGARDED AS HAVING BEEN IN ATTENDANCE AT CAMP WITHIN THE MEANING OF SECTION 47C OF THE NATIONAL DEFENSE ACT, AS ADDED BY SECTION 34 OF THE ACT OF JUNE 15, 1936, AS AMENDED, FOR THE PERIOD OF DUTY ORIGINALLY CONTEMPLATED BY HIS ORDERS.

ASSISTANT COMPTROLLER GENERAL YATES TO COL. A. W. FARWICK, DEPARTMENT OF THE ARMY, MAY 10, 1951:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF MARCH 29, 1950, AND ACCOMPANYING PAPERS, TRANSMITTING A VOUCHER IN FAVOR OF JAMES L. SLADE, CADET, RESERVE OFFICERS' TRAINING CORPS, IN THE AMOUNT OF $97.50 REPRESENTING PAY WHILE HOSPITALIZED AT ANY ARMY HOSPITAL FOR THE PERIOD JUNE 18 TO JULY 26, 1949, INCIDENT TO AN INJURY RECEIVED BY HIM WHILE EN ROUTE TO ATTEND SUMMER TRAINING CAMP AT ABERDEEN PROVING GROUND, MARYLAND. YOU REQUEST DECISION AS TO WHETHER PAYMENT ON THE VOUCHER IS AUTHORIZED.

IT APPEARS THAT BY PARAGRAPH 1 OF LETTER ORDERS NO. 5-19, HEADQUARTERS FOURTH ARMY, FORT SAM HOUSTON, TEXAS, DATED MAY 9, 1949, MR. SLADE, A STUDENT AT THE UNIVERSITY OF OKLAHOMA AND A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS, WAS ORDERED TO PROCEED FROM OKLAHOMA CITY, OKLAHOMA, SO AS TO ARRIVE AT ABERDEEN PROVING GROUND, MARYLAND, NOT LATER THAN MIDNIGHT JUNE 18, 1949, FOR THE PURPOSE OF ATTENDING SUMMER TRAINING CAMP, AND UPON COMPLETION THEREOF HE WAS TO RETURN TO THE PLACE FROM WHICH ORDERED TO PROCEED. NEITHER THE SAID ORDERS NOR THE RECORD TRANSMITTED BY YOU CONTAINS INFORMATION AS TO THE DURATION OF ENCAMPMENT. AT 11:30 P.M. ON JUNE 17, 1949, WHILE EN ROUTE TO SUCH TRAINING CAMP HE SUFFERED A BROKEN LEG IN AN AUTOMOBILE ACCIDENT NEAR WINCHESTER, VIRGINIA. AFTER RECEIVING CIVILIAN MEDICAL TREATMENT HE PROCEEDED ON HIS JOURNEY AND REPORTED AT ABERDEEN PROVING GROUND, PRESUMABLY ON JUNE 18, 1949, AS DIRECTED IN HIS ORDERS. HE WAS IMMEDIATELY HOSPITALIZED IN THE ARMY HOSPITAL AT THAT PLACE WHERE HE REMAINED UNTIL JULY 26, 1949. IT IS UNDERSTOOD THAT MR. SLADE HAS BEEN PAID TRAVEL ALLOWANCE FOR THE TRAVEL PERFORMED INCIDENT TO THE ORDERS AND THAT HE WAS FURNISHED SUBSISTENCE WHILE IN HOSPITAL.

THE ACT OF JUNE 15, 1936, 49 STAT. 1507, AS AMENDED BY THE ACT OF JUNE 19, 1948, 62 STAT. 488, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM OR DURING THEIR ATTENDANCE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED; MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY AND MEMBERS OF THE NATIONAL GUARD OF THE UNITED STATES WHO SUFFER INJURY OR CONTRACT DISEASE SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED AT GOVERNMENT EXPENSE, TO SUCH HOSPITALIZATION * * * AS IS NECESSARY FOR THE APPROPRIATE TREATMENT FOR SUCH INJURY OR DISEASE, * * * AND DURING THE PERIOD OF SUCH HOSPITALIZATION * * * BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF ACTIVE DUTY OR TRAINING IN ANY CASE TO THE PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED * * * AND FOR ANY PERIOD OF HOSPITALIZATION OR REHOSPITALIZATION WHEN THEY ARE NOT ENTITLED TO PAY AND ALLOWANCES UNDER THE PRECEDING PROVISION, THEY SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * * MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS * * * WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND DURING THEIR ATTENDANCE AT CAMPS OF INSTRUCTION, UNDER THE PROVISIONS OF SECTION 47A OR 47D OF SAID NATIONAL DEFENSE ACT, AS AMENDED, SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED TO HOSPITALIZATION * * * PAY AND ALLOWANCES * * * AS IN THE CASE OF PERSONS HEREINBEFORE DESCRIBED. * * *

SEC. 2. AS USED IN THIS ACT THE TERM "IN TIME OF PEACE" SHALL INCLUDE THAT PERIOD AFTER SEPTEMBER 2, 1945 (THE DATE OF FORMAL SURRENDER BY JAPAN), WHICH IS PRIOR TO THE FIRST DAY ON WHICH THE UNITED STATES IS, BY ACTION OF THE CONGRESS, OR THE PRESIDENT, OR BOTH, NO LONGER ENGAGED IN ANY WAR IN WHICH THE UNITED STATES IS ENGAGED ON THE DATE OF ENACTMENT OF THIS SECTION. (ITALICS SUPPLIED.)

SECTION 47C OF THE NATIONAL DEFENSE ACT OF 1916, AS ADDED BY SECTION 34 OF THE ACT OF JUNE 4, 1920, 41 STAT. 778, 10 U.S.C. 443, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, OR OTHER PERSONS AUTHORIZED BY THE SECRETARY OF WAR TO ATTEND ADVANCED COURSE CAMPS, SHALL BE PAID FOR ATTENDANCE AT SUCH CAMPS AT THE RATE PRESCRIBED FOR SOLDIERS OF THE SEVENTH GRADE OF THE REGULAR ARMY.

PARAGRAPH 2, ARMY REGULATIONS 34-3520, RELATING TO THE PAY AND ALLOWANCES OF MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, READS AS FOLLOWS:

DATE PAY BEGINS AND ENDS. PAY FOR ATTENDANCE AT A CAMP WILL BEGIN WITH THE DAY OF ARRIVAL AT THE CAMP AND END WITH THE DAY OF RELIEF FROM DUTY CONNECTED THEREWITH.

IT WILL BE NOTED THAT THE SAID ACT OF JUNE 15, 1936, EXPRESSLY LIMITS THE PAY AND ALLOWANCES WHICH MAY BE PAID IN CASES SUCH AS THIS TO THOSE WHICH THE INJURED PERSON WAS ENTITLED TO RECEIVE AT THE TIME OF INJURY. AND, AS RECOGNIZED BY THE QUOTED PROVISIONS OF THE ARMY REGULATIONS, SECTION 47C OF THE NATIONAL DEFENSE ACT OF 1916, SUPRA, AUTHORIZES PAY FOR MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ONLY WHILE THEY ARE ATTENDING ADVANCED COURSE CAMPS AND NOT WHILE THEY ARE EN ROUTE TO AND FROM SUCH CAMPS. HENCE, SINCE MR. SLADE WAS NOT IN A PAY STATUS AT THE TIME OF INJURY, THERE IS NO AUTHORITY IN THE ACT OF JUNE 15, 1936, AS AMENDED, SUPRA, TO ALLOW HIM PAY BEYOND THE PERIOD OF ENCAMPMENT AS CONTEMPLATED IN ORDERS OF MAY 9, 1949. HOWEVER, IT APPEARS THAT HE ACTUALLY REPORTED AT THE CAMP ON THE DATE PRESCRIBED IN HIS ORDERS, SUBJECTED HIMSELF TO MILITARY CONTROL, AND REMAINED UNDER SUCH CONTROL, UNTIL JULY 26, 1949. IN THESE CIRCUMSTANCES, HE MAY BE REGARDED AS HAVING BEEN IN "ATTENDANCE" AT THE CAMP WITHIN THE MEANING OF THE STATUTE AUTHORIZING PAY FOR ATTENDANCE. CF. 7 COMP. GEN. 196. IT IS CONCLUDED ON THAT BASIS THAT MR. SLADE IS ENTITLED TO PAY FOR SUCH PERIOD. SEE 9 COMP. GEN. 236. HEREINBEFORE STATED, THE ORDERS IN QUESTION DO NOT FIX THE TERMINATION DATE OF DUTY ENJOINED THEREBY. HENCE, IF EVIDENCE SUFFICIENT TO ESTABLISH SUCH TERMINATION DATE IS ATTACHED TO THE VOUCHER, HE IS AUTHORIZED TO BE PAID FOR THE PERIOD OF DUTY ORIGINALLY CONTEMPLATED BY SUCH ORDERS, BUT IN NO EVENT TO EXCEED THE PERIOD FROM JUNE 18, TO JULY 26, 1949.

THE VOUCHER IS RETURNED HEREWITH, PAYMENT THEREOF BEING AUTHORIZED IF IT IS MODIFIED TO ACCORD WITH THE ABOVE AND IF IT IS OTHERWISE CORRECT.