OCTOBER 25, 1923, 3 COMP. GEN. 250

OCTOBER 25, 1923, 3 COMP. GEN. 250

VETERANS' BUREAU - MEDICAL APPLIANCES - OFFICERS' RESERVE CORPS MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN ORDERS TO A CAMP FOR INSTRUCTION ARE NOT IN ACTIVE SERVICE "IN THE MILITARY OR NAVAL FORCES" AND THEIR RETURN TO AN INACTIVE STATUS AT THE TERMINATION OF THE INSTRUCTION IS NOT A SEPARATION FROM THE ACTIVE "MILITARY FORCES OF THE UNITED STATES," AND THEY ACCORDINGLY MAY NOT BE FURNISHED MEDICAL APPLIANCES BY THE VETERANS' BUREAU IN CONNECTION WITH AN INJURY RECEIVED DURING SUCH INSTRUCTION.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, OCTOBER 25, 1923:

I AM IN RECEIPT OF YOUR REQUEST FOR A DECISION UPON THE FOLLOWING QUESTIONS:

1.CAN THE PHRASE "ADMITTED INTO THE MILITARY OR NAVAL FORCES OF THE UNITED STATES," AS USED IN SECTION 315 OF THE WAR-RISK INSURANCE ACT, BE PROPERLY CONSTRUED AS "ADMITTANCE INTO ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES?

2. CAN THE PHRASE "ANY MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SEPARATED THEREFROM UNDER HONORABLE CONDITIONS," EMPLOYED IN SECTION 13 OF THE ACT OF AUGUST 9, 1921, BE PROPERLY CONSTRUED AS SEPARATION FROM ACTIVE SERVICE IN THE MILITARY OR NAVAL FORCES UNDER HONORABLE CONDITIONS?

IT APPEARS FROM YOUR STATEMENT THAT GROVER C. DAVIS, C-535643, A MEMBER OF THE OFFICERS' RESERVE CORPS, WHILE ATTENDING A CAMP OF INSTRUCTION AT FORT DES MOINES, UNDER ORDERS OF JULY 16, 1923, WAS THROWN FROM A HORSE DURING A MOUNTED PISTOL CHARGE, SUSTAINING AN INJURY TO HIS KNEE DIAGNOSED AS SYNOVITIS WITH ABRASIONS. ALTHOUGH EMERGENCY AND OTHER NECESSARY TREATMENT WAS FURNISHED BY THE WAR DEPARTMENT, THE TEMPORARY USE OF THE KNEECAP HAS BEEN RECOMMENDED BY A GOVERNMENT ORTHOPEDIST AND THE VETERANS' BUREAU REQUESTED TO FURNISH THE SAME.

THE STATUTORY PROVISIONS PERTINENT TO A CONSIDERATION OF THIS CASE ARE CITED AS FOLLOWS:

SECTION 300, ARTICLE III, WAR-RISK INSURANCE ACT, AS AMENDED BY SECTION 18, ACT OF AUGUST 9, 1921, 42 STAT., 153:

FOR * * * DISABILITY RESULTING FROM PERSONAL INJURY SUFFERED * * * IN THE LINE OF DUTY ON OR AFTER APRIL 6, 1917, OR FOR AN AGGRAVATION OF A DISABILITY EXISTING PRIOR TO EXAMINATION, ACCEPTANCE, AND ENROLLMENT FOR SERVICE, WHEN SUCH AGGRAVATION WAS SUFFERED AND CONTRACTED IN THE LINE OF DUTY ON OR AFTER APRIL 6, 1917, BY ANY COMMISSIONED OFFICER OR ENLISTED MAN, OR BY ANY MEMBER OF THE ARMY NURSE CORPS (FEMALE) * * * WHEN EMPLOYED IN THE ACTIVE SERVICE UNDER THE WAR DEPARTMENT * * * THE UNITED STATES SHALL PAY TO SUCH COMMISSIONED OFFICER OR ENLISTED MAN, MEMBER OF THE ARMY NURSE CORPS (FEMALE) * * * COMPENSATION AS HEREINAFTER PROVIDED; BUT NO COMPENSATION SHALL BE PAID IF THE INJURY, * * * OR AGGRAVATION HAS BEEN CAUSED BY HIS OWN WILLFUL MISCONDUCT.

SECTION 302, ARTICLE III, WAR-RISK INSURANCE ACT, AS AMENDED BY SECTION 11, ACT OF DECEMBER 24, 1919, 41 STAT., 374, PROVIDING DISABILITY COMPENSATION:

(6) IN ADDITION TO THE COMPENSATION ABOVE PROVIDED, THE INJURED PERSON SHALL BE FURNISHED BY THE UNITED STATES SUCH REASONABLE GOVERNMENTAL MEDICAL, SURGICAL, AND HOSPITAL SERVICES AND WITH SUCH SUPPLIES, INCLUDING WHEELED CHAIRS, ARTIFICIAL LIMBS, TRUSSES, AND SIMILAR APPLIANCES, AS THE DIRECTOR MAY DETERMINE TO BE USEFUL AND REASONABLY NECESSARY, WHICH WHEELED CHAIRS, ARTIFICIAL LIMBS, TRUSSES, AND SIMILAR APPLIANCES MAY BE PROCURED BY THE BUREAU OF WAR RISK INSURANCE IN SUCH MANNER, EITHER BY PURCHASE OR MANUFACTURE, AS THE DIRECTOR MAY DETERMINE TO BE ADVANTAGEOUS AND REASONABLY NECESSARY: PROVIDED, THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO AFFECT THE NECESSARY MILITARY CONTROL OVER ANY MEMBER OF THE MILITARY OR NAVAL ESTABLISHMENT BEFORE HE SHALL HAVE BEEN DISCHARGED FROM THE MILITARY OR NAVAL SERVICE.

SECTION 315, ADDED TO THE WAR-RISK INSURANCE ACT BY SECTION 22, ACT OF AUGUST 9, 1921, 42 TAT., 155:

THAT NO PERSON ADMITTED INTO THE MILITARY OR NAVAL FORCES OF THE UNITED STATES AFTER SIX MONTHS FROM THE PASSAGE OF THIS AMENDATORY ACT SHALL BE ENTITLED TO THE COMPENSATION OR ANY OTHER BENEFITS OR PRIVILEGES PROVIDED UNDER THE PROVISIONS OF ARTICLE III OF THE WAR RISK INSURANCE ACT, AS AMENDED.

SECTION 13, ACT OF AUGUST 9, 1921, 42 STAT., 152 (VETERANS' BUREAU ACT):

IN ADDITION TO THE CARE, TREATMENT, AND APPLIANCES NOW AUTHORIZED BY LAW, SAID BUREAU ALSO SHALL PROVIDE WITHOUT CHARGE THEREFOR HOSPITAL, DENTAL, MEDICAL, SURGICAL, AND CONVALESCENT CARE AND TREATMENT AND PROSTHETIC APPLIANCES FOR ANY MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SEPARATED THEREFROM UNDER HONORABLE CONDITIONS DISABLED BY REASON OF ANY WOUND OR INJURY RECEIVED OR DISEASE CONTRACTED, OR BY REASON OF ANY AGGRAVATION OF A PREEXISTING INJURY OR DISEASE, SPECIFICALLY NOTED AT EXAMINATION FOR ENTRANCE INTO OR EMPLOYMENT IN THE ACTIVE MILITARY OR NAVAL SERVICE, WHILE IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES ON OR AFTER APRIL 6, 1917: PROVIDED, THAT THE WOUND OR INJURY RECEIVED OR DISEASE CONTRACTED, OR AGGRAVATION OF A PREEXISTING INJURY OR DISEASE, FOR WHICH SUCH HOSPITAL, DENTAL, MEDICAL, SURGICAL, AND CONVALESCENT CARE AND TREATMENT AND PROSTHETIC APPLIANCES SHALL BE FURNISHED WAS INCURRED IN LINE OF DUTY AND NOT CAUSED BY HIS OWN WILLFUL MISCONDUCT: PROVIDED FURTHER, THAT APPLICATION FOR SUCH CARE AND TREATMENT AND APPLIANCES PROVIDED FOR IN THIS SECTION SHALL BE MADE WITHIN ONE YEAR FROM DATE OF SEPARATION FROM SERVICE OR FROM THE DATE THIS ACT GOES INTO EFFECT, WHICHEVER IS THE LATTER.

THE OBJECT OF YOUR SUBMISSION SEEMS TO BE FOR THE PURPOSE OF DETERMINING WHETHER YOU WOULD BE AUTHORIZED UNDER EXISTING LAWS TO FURNISH THE REQUIRED APPLIANCE TO THE RESERVE OFFICER BY WHOM APPLICATION WAS MADE WITHIN ONE YEAR AFTER HIS RETURN TO AN INACTIVE STATUS.

THE WAR-RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT., 402, PRESCRIBES THAT IN ARTICLES II, III, AND IV OF THE ACT, UNLESS THE CONTEXT OTHERWISE REQUIRES:

THE TERM "MILITARY OR NAVAL FORCES" MEANS THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE NAVAL RESERVE, THE NATIONAL NAVAL VOLUNTEERS, AND ANY OTHER BRANCH OF THE UNITED STATES SERVICE WHILE SERVING PURSUANT TO LAW WITH THE ARMY OR THE NAVY.

IN VIEW THEREOF AND THE PROVISIONS CONTAINED IN SECTIONS 300 AND 302, ARTICLE III, OF THE WAR-RISK INSURANCE ACT, AS AMENDED, FOR THE PAYMENT OF COMPENSATION AND THE FURNISHING OF APPLIANCES WHEN NECESSARY IN CASES WHERE DISABILITY RESULTED FROM PERSONAL INJURY SUSTAINED IN LINE OF DUTY BY COMMISSIONED OFFICERS, ENLISTED MEN, AND MEMBERS OF THE ARMY NURSE CORPS (FEMALE) WHILE EMPLOYED IN ACTIVE SERVICE UNDER THE WAR DEPARTMENT, NOT THE RESULT OF THEIR OWN WILLFUL MISCONDUCT, IT IS CONCLUDED THAT THE PHRASE "ADMITTED INTO THE MILITARY OR NAVAL FORCES OF THE UNITED STATES" AS USED IN SECTION 315, ARTICLE III, OF THE WAR-RISK INSURANCE ACT, AS ADDED BY SECTION 22, ACT OF AUGUST 9, 1921, 42 STAT., 155, MEANS ADMISSION INTO THE SERVICE OF THE ACTIVE MILITARY OR NAVAL FORCES.

AS AN INDIVIDUAL IS ENTITLED TO THE BENEFITS PROVIDED BY SECTION 13, ACT OF AUGUST 9, 1921, 42 STAT., 152, ONLY WHERE THE INJURY WAS SUFFERED WHILE IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, THE PHRASE "ANY MEMBER OF THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SEPARATED THEREFROM UNDER HONORABLE CONDITIONS" IS LIKEWISE REGARDED AS MEANING THAT THE SEPARATION REFERRED TO THEREIN SHALL BE FROM SERVICE IN THE ACTIVE MILITARY OR NAVAL FORCES.

THE OFFICERS' RESERVE CORPS WAS ESTABLISHED FOR THE EXCLUSIVE PURPOSE OF PROVIDING A NUCLEUS OF OFFICERS WHO WOULD BE AVAILABLE FOR CALL TO ACTIVE DUTY UNDER CONDITIONS PRESCRIBED BY LAW. THE APPOINTMENTS IN THAT CORPS ARE FOR A PERIOD OF FIVE YEARS, SUBJECT TO TERMINATION THEREOF AT ANY TIME BY DISCHARGE IN THE DISCRETION OF THE PRESIDENT.

SECTION 37, ACT OF JUNE 3, 1916, 39 STAT., 189, AS AMENDED BY SECTION 32, ACT OF JUNE 4, 1920, 41 STAT., 776, PROVIDES:

SEC. 37A. TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE PRESIDENT MAY ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD; BUT EXCEPT IN TIME OF A NATIONAL EMERGENCY EXPRESSLY DECLARED BY CONGRESS, NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY. WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, BUT SHALL NOT BE ENTITLED TO RETIREMENT OR RETIRED PAY.

WHEN A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE ARMY IS ORDERED TO A CAMP FOR THE PURPOSE OF RECEIVING MILITARY INSTRUCTION IN THE LATEST METHODS OF WARFARE IT DOES NOT CHANGE HIS CONNECTION THEREWITH, BUT SIMPLY PUTS HIM IN AN ACTIVE-DUTY STATUS IN THAT BRANCH FOR PAY AND ALLOWANCES EQUIVALENT TO THOSE OF OFFICERS OF THE REGULAR ARMY OF LIKE GRADE AND LENGTH OF ACTIVE SERVICE AND SUCH OTHER BENEFITS AS MILEAGE, ETC., AS THE LAW PRESCRIBES. UPON THE CLOSE OF THE 15-DAY PERIOD OF INSTRUCTION THE INDIVIDUAL REVERTS TO AN INACTIVE STATUS IN THAT CORPS. HIS SEPARATION FROM THAT ORGANIZATION IS ACCOMPLISHED BY EXPIRATION OF TERM OF APPOINTMENT, OR WHEN DISCHARGED IN THE DISCRETION OF THE PRESIDENT FOR INAPTITUDE, PHYSICAL INCAPACITY, OR OTHER JUSTIFIABLE CAUSES. A MEMBER OF THE OFFICERS' RESERVE CORPS REPORTING AT A CAMP FOR INSTRUCTION IN PURSUANCE OF ORDERS IS NOT THEREBY ADMITTED TO SERVICE IN THE ACTIVE MILITARY FORCES. THE TERM "SEPARATED THEREFROM UNDER HONORABLE CONDITIONS," AS USED IN THE STATUTE, MEANS A FULL AND COMPLETE SEVERANCE AND RELEASE FROM ANY AND ALL OBLIGATIONS TO RENDER FURTHER SERVICE IN THE ACTIVE MILITARY FORCES. THE RETURN OF AN OFFICER UPON EXPIRATION OF A CAMP OF INSTRUCTION TO AN INACTIVE STATUS IN THE OFFICERS' RESERVE CORPS DOES NOT CONSTITUTE A SEPARATION FROM THE ACTIVE ,MILITARY FORCES OF THE UNITED STATES" WITHIN THE MEANING OF SECTION 13, ACT OF AUGUST 9, 1921, 42 STAT., 152.

THE VETERANS' BUREAU IS THEREFORE NOT AUTHORIZED TO FURNISH AN APPLIANCE TO THE OFFICER MENTIONED BY YOU.