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NOVEMBER 4, 1922, 2 COMP. GEN. 303

Nov 04, 1922
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1922: I HAVE YOUR LETTER OF SEPTEMBER 28. REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED OF A BILL FOR $15 RENDERED AGAINST THE NAVY DEPARTMENT BY THE PUBLIC HEALTH SERVICE FOR MEDICAL SERVICES RENDERED TO ENSIGN JOHN C. YOU STATE THAT ENSIGN SUMPTER WAS ADMITTED TO THE VETERANS' BUREAU HOSPITAL. BEING ADVISED RELATIVE THERETO UNTIL THE SAID BILL WAS PRESENTED FOR PAYMENT. IT IS UNDERSTOOD THAT THIS OFFICER WAS NOT ON ACTIVE DUTY AT THE TIME THE SAID SERVICES WERE OBTAINED. PROVIDES: EXPENSES INCURRED BY ANY OFFICER OF THE NAVY FOR MEDICINES AND MEDICAL ATTENDANCE SHALL NOT BE ALLOWED UNLESS THEY WERE INCURRED WHEN HE WAS ON DUTY. THE MEDICINES COULD NOT HAVE BEEN OBTAINED FROM NAVAL SUPPLIES.

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NOVEMBER 4, 1922, 2 COMP. GEN. 303

MEDICAL TREATMENT - RETIRED NAVAL OFFICERS THE PROVISION OF SECTION 1586, REVISED STATUTES, PROHIBITING THE PAYMENT OF EXPENSES FOR MEDICAL TREATMENT OF A NAVAL OFFICER WHEN NOT ON DUTY PRECLUDES THE REIMBURSEMENT OF THE PUBLIC HEALTH SERVICE FROM NAVAL APPROPRIATIONS FOR MEDICAL TREATMENT FURNISHED A RETIRED NAVAL OFFICER WHEN NOT ON ACTIVE DUTY BY A VETERANS' BUREAU HOSPITAL.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 4, 1922:

I HAVE YOUR LETTER OF SEPTEMBER 28, 1922, REQUESTING DECISION AS TO WHETHER PAYMENT IS AUTHORIZED OF A BILL FOR $15 RENDERED AGAINST THE NAVY DEPARTMENT BY THE PUBLIC HEALTH SERVICE FOR MEDICAL SERVICES RENDERED TO ENSIGN JOHN C. SUMPTER, UNITED STATES NAVY, RETIRED, BY THE UNITED STATES VETERANS' HOSPITAL NO. 51, OF TUCSON, ARIZ.

YOU STATE THAT ENSIGN SUMPTER WAS ADMITTED TO THE VETERANS' BUREAU HOSPITAL, TUSCON, ARIZ., AT HIS OWN REQUEST WITHOUT THE BUREAU OF MEDICINE AND SURGERY, NAVY DEPARTMENT, BEING ADVISED RELATIVE THERETO UNTIL THE SAID BILL WAS PRESENTED FOR PAYMENT.

WHILE NOT SO STATED, IT IS UNDERSTOOD THAT THIS OFFICER WAS NOT ON ACTIVE DUTY AT THE TIME THE SAID SERVICES WERE OBTAINED.

SECTION 1586, REVISED STATUTES, PROVIDES:

EXPENSES INCURRED BY ANY OFFICER OF THE NAVY FOR MEDICINES AND MEDICAL ATTENDANCE SHALL NOT BE ALLOWED UNLESS THEY WERE INCURRED WHEN HE WAS ON DUTY, AND THE MEDICINES COULD NOT HAVE BEEN OBTAINED FROM NAVAL SUPPLIES, OR THE ATTENDANCE OF A NAVAL MEDICAL OFFICER COULD NOT HAVE BEEN HAD.

NAVY REGULATIONS, 1920, ARTICLES 1187-1189, PRESCRIBE THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH AN OFFICER OF THE NAVY ON DUTY MAY BE FURNISHED MEDICAL SERVICES WHERE THE SERVICES OF A NAVAL MEDICAL OFFICER ARE NOT AVAILABLE, BUT NO PROVISION IS MADE THEREFOR FOR AN OFFICER NOT ON DUTY.

ENSIGN SUMPTER APPEARS TO HAVE HAD NO AUTHORITY ON BEHALF OF THE NAVY DEPARTMENT TO INCUR THE EXPENSE IN QUESTION, AND, THE MEDICAL TREATMENT THUS HAVING BEEN OBTAINED CONTRARY TO THE LAW AND REGULATIONS PROVIDING FOR FURNISHING MEDICAL TREATMENT TO OFFICERS OF THE NAVY, THERE IS NO OBLIGATION ON THE PART OF THE NAVY DEPARTMENT TO PAY FOR SAME. SEE 12 COMP. DEC., 28.

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