MARCH 14, 1923, 2 COMP. GEN. 551

MARCH 14, 1923, 2 COMP. GEN. 551

VOCATIONAL TRAINING AN APPLICANT FOR VOCATIONAL TRAINING UNDER SECTION 3 OF THE ACT OF JUNE 27, 1918, 40 STAT., 618, WHO IS UNABLE TO BEGIN HIS TRAINING WITHIN THE TIME LIMIT PRESCRIBED BY THE ACT OF MARCH 4, 1921, 41 STAT., 1379, OWING TO FINANCIAL DIFFICULTIES OR OTHER GOOD CAUSE, IS NOT PRECLUDED FROM THE BENEFITS OF TRAINING UNDER SECTION 2 OF SAID ACT OF JUNE 27, 1918, IF HIS DISABILITY IS SUBSEQUENTLY FOUND SUCH AS TO BRING HIM WITHIN ITS TERMS.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, MARCH 14, 1923:

I HAVE YOUR LETTER OF FEBRUARY 16, 1923, REQUESTING DECISION WHETHER THE VETERANS' BUREAU IS AUTHORIZED TO PROVIDE VOCATIONAL TRAINING UNDER SECTION 2 OF THE VOCATIONAL REHABILITATION ACT OF JUNE 27, 1918, 40 STAT., 617, TO APPLICANTS WHO NOW MEET THE REQUIREMENTS OF THAT SECTION, BUT WHO FAILED TO COMMENCE TRAINING UNDER SECTION 3 OF THE ACT, 40 STAT., 618, WITHIN THE STATUTORY TIME LIMIT AFTER QUALIFYING UNDER THAT SECTION AND BEING NOTIFIED TO BEGIN TRAINING THEREUNDER.

VOCATIONAL TRAINING UNDER SECTION 2 OF THE ACT CARRIES WITH IT A MAINTENANCE ALLOWANCE TO THE TRAINEE. TRAINING UNDER SECTION 3 DOES NOT CARRY SUCH ALLOWANCE. THE CASES TO WHICH YOU REFER ARE THOSE IN WHICH APPLICANTS ADMITTED TO TRAINING UNDER SECTION 3 WERE UNABLE TO PURSUE THE PRESCRIBED COURSES ON ACCOUNT OF THEIR INABILITY TO SUPPORT THEMSELVES WHILE UNDERGOING TRAINING, AND THEREFORE HAVE BEEN COMPELLED TO LET THE PERIOD OF LIMITATION IN WHICH TRAINING MUST BE COMMENCED EXPIRE. LATER INCREASE OF DISABILITY IS SUCH AS TO MEET THE REQUIREMENT OF SECTION 2, AND IT IS PROPOSED TO ADMIT THE APPLICANT TO TRAINING UNDER THAT SECTION.

THE ACT OF MARCH 4, 1921, 41 STAT., 1379, PROVIDES:

* * * PROVIDED FURTHER, THAT NO PERSON WHO HAS BEEN DECLARED ELIGIBLE FOR TRAINING UNDER THE PROVISIONS OF THE VOCATIONAL REHABILITATION ACT, FOR WHOM TRAINING HAS BEEN PRESCRIBED, AND WHO HAS BEEN NOTIFIED BY THE BOARD TO BEGIN TRAINING SHALL BE ELIGIBLE TO THE BENEFITS OF SAID ACT IN THE EVENT OF HIS FAILURE TO COMMENCE TRAINING WITHIN A REASONABLE TIME AFTER NOTICE HAS BEEN SENT SUCH PERSON BY THE BOARD: PROVIDED FURTHER, THAT EXCEPT WHEN SUCH FAILURE IS DUE, IN THE OPINION OF THE BOARD TO PHYSICAL INCAPACITY, SUCH TIME SHALL NOT BE LONGER THAN TWELVE MONTHS AFTER THE PASSAGE OF THIS ACT FOR PERSONS ALREADY DECLARED ELIGIBLE AND NOTIFIED TO BEGIN TRAINING, AND TWELVE MONTHS AFTER NOTICE IS GIVEN FOR PERSONS HEREAFTER DECLARED ELIGIBLE AND NOTIFIED TO BEGIN TRAINING.

THE EVIDENT PURPOSE AND INTENT OF THIS PROVISION IS TO REQUIRE OF APPLICANTS FOR VOCATIONAL TRAINING REASONABLE PROMPTNESS IN ACCEPTING AND ENTERING UPON THE COURSE OF TRAINING FOR WHICH THEY HAVE BEEN FOUND ELIGIBLE AND TO WHICH THEY HAVE BEEN ADMITTED BY THE BUREAU. AN APPLICANT FOR THE BENEFIT OF SECTION 2 OF THE ACT IS NOT NECESSARILY REQUIRED TO ACCEPT THE BENEFIT OF SECTION 3 IN ORDER TO PRESERVE HIS FUTURE RIGHT UNDER SECTION 2. WHILE THE COURSE OF TRAINING UNDER EACH OF THE TWO SECTIONS MAY BE THE SAME THE CONDITIONS UNDER WHICH THEY ARE TO BE PURSUED ARE DIFFERENT, AND AN INSURMOUNTABLE OBSTACLE TO TRAINING UNDER THE ONE SECTION IS REMOVED BY ADMISSION TO TRAINING UNDER THE OTHER.

THE SPIRIT OF THE LAW DOES NOT REQUIRE THAT AN APPLICANT SHALL FORFEIT HIS RIGHT TO TRAINING UNDER SECTION 2 BY FAILING TO ACCEPT TRAINING UNDER SECTION 3 FROM WHICH HE WAS BARRED BY FINANCIAL DEFICIENCIES OR OTHER GOOD CAUSE SHOWN, AND NOT BY MERE DISINCLINATION AND REFUSAL OR NEGLECT TO ACCEPT THE BENEFIT OF TRAINING ALLOWED UNDER SECTION 3.