A-54325, MAY 4, 1934, 13 COMP. GEN. 323

A-54325, MAY 4, 1934, 13 COMP. GEN. 323

PAY - ALLOWANCES - MEMBER OF THE OFFICERS' RESERVE CORPS INJURED WHILE ON ACTIVE DUTY UNDER THE ACT OF APRIL 26, 1928, 45 STAT. 461, A RESERVE OFFICER OF THE ARMY WHO SUFFERS INJURIES WHILE ON ACTIVE DUTY NECESSITATING MEDICAL AND HOSPITAL TREATMENT IS ENTITLED TO CONTINUATION OF PAY AND ALLOWANCES WHETHER IN MONEY OR IN KIND THAT HE WAS ENTITLED TO RECEIVE AT THE TIME THE INJURIES WERE SUFFERED FOR A PERIOD NOT TO EXCEED 6 MONTHS FROM THE DATE OF THE INJURY, AND ORDERS ISSUED TO EXTEND THE PERIOD OF ACTIVE DUTY AFTER THE INJURY ARE UNNECESSARY TO SECURE TO HIM PAY AND ALLOWANCES, HIS RIGHT IN THIS RESPECT BEING GIVEN BY THE ACT OF APRIL 26, 1928. A RESERVE OFFICER OF THE ARMY WHO IS IN RECEIPT OF QUARTERS IN KIND AT THE TIME OF INJURY WHILE ON ACTIVE DUTY IS NOT ENTITLED TO RENTAL ALLOWANCE DURING THE PERIOD HE IS RECEIVING HOSPITAL AND MEDICAL TREATMENT, AS THE ACT OF APRIL 26, 1928, 45 STAT. 461, CONTAINS NO AUTHORITY FOR SUBSTITUTING A MONETARY ALLOWANCE FOR THE QUARTERS IN KIND HE WAS RECEIVING AT THE TIME THE INJURY WAS SUSTAINED, THE RIGHT TO WHICH IN KIND IS CONTINUED DURING THE PERIOD HE IS ENTITLED TO PAY AND ALLOWANCES BECAUSE OF HIS INJURY.

COMPTROLLER GENERAL MCCARL TO MAJ. W. M. DIXON, UNITED STATES ARMY, MAY 4, 1934:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE YOUR LETTER OF JANUARY 17, 1934, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF A VOUCHER IN FAVOR OF SECOND LT. VINCENT FORD, AIR RESERVE, FOR PAY AND ALLOWANCES COVERING THE PERIOD OCTOBER 1 TO OCTOBER 15, 1933, AND 50 PERCENTUM INCREASE IN PAY FOR FLYING COVERING THE PERIOD MAY 1 TO OCTOBER 15, 1933.

BY PARAGRAPH 4, S.O. 249, DATED WAR DEPARTMENT OCTOBER 21, 1932, SECOND LT. VINCENT FORD, AIR CORPS RESERVE, WAS RELIEVED FROM ASSIGNMENT AND DUTY AT BROOKS FIELD, SAN ANTONIO, TEX., AND ORDERED TO PROCEED TO MARCH FIELD, RIVERSIDE, CALIF., FOR DUTY AND TO BE RELIEVED AT THE LATTER PLACE IN TIME TO ENABLE HIM TO ARRIVE AT HIS HOME ON JUNE 30, 1933, ON WHICH DATE HE WAS TO REVERT TO AN INACTIVE STATUS. IT APPEARS THAT THE OFFICER WAS INJURED IN AN AIRPLANE COLLISION AT ABOUT 9 A.M., APRIL 14, 1933, THAT A BOARD OF OFFICERS APPOINTED IN ACCORDANCE WITH APPLICABLE ARMY REGULATIONS FOUND THAT THE INJURIES WERE INCURRED IN LINE OF DUTY AND WERE NOT DUE TO THE OFFICER'S OWN MISCONDUCT WHICH FINDINGS WERE APPROVED BY THE SECRETARY OF WAR, JUNE 30, 1933. BY PARAGRAPH 22, S.O. 100, DATED WAR DEPARTMENT, MAY 1, 1933, SECOND LIEUTENANT FORD WAS CONTINUED ON ACTIVE DUTY AT MARCH FIELD UNTIL OCTOBER 15, 1933.

WHILE NOT DEFINITELY SHOWN IN THE SUBMISSION, IT IS UNDERSTOOD THAT THE INJURIES OF THE OFFICER HAVE NECESSITATED HOSPITALIZATION AND MEDICAL TREATMENT FOR A PERIOD MORE THAN 6 MONTHS FROM THE DATE THEY WERE INCURRED AND THAT SECOND LIEUTENANT FORD IS STILL RECEIVING TREATMENT AT THE LETTERMAN GENERAL HOSPITAL AS A RESULT OF THE INJURIES. ON THE ASSUMPTION THIS IS CORRECT, THE OFFICER IS ENTITLED TO A CONTINUATION OF PAY AND ALLOWANCES EITHER IN MONEY OR IN KIND HE WAS RECEIVING AT THE TIME THE INJURIES WERE INCURRED UNDER THE PROVISIONS OF THE ACT OF APRIL 26, 1928, 45 STAT. 461, 462, FOR THE 6 MONTH PERIOD APRIL 15, 1933, TO OCTOBER 14, 1933, INCLUDING THE 50 PERCENT INCREASE IN PAY FOR FLYING, HE HAVING QUALIFIED FOR AND RECEIVED FLIGHT PAY DURING THE MONTH IN WHICH INJURED, A -13649, DATED APRIL 24, 1926, AND IT WOULD SEEM THE ORDERS OF MAY 1, 1933, ISSUED AFTER THE INJURIES WERE INCURRED FOR THE OSTENSIBLE PURPOSE OF EXTENDING THE PERIOD OF ACTIVE DUTY FOR 6 MONTHS FOLLOWING THE INJURIES WERE UNNECESSARY TO CONTINUE THE OFFICER'S RIGHT TO PAY AND ALLOWANCES, HIS RIGHTS UNDER THE ACT OF APRIL 26, 1928, REMAINING THE SAME AS WHEN INJURED.

AT THE TIME THE INJURIES WERE SUSTAINED, THE OFFICER WAS ASSIGNED AND IN RECEIPT OF QUARTERS IN KIND. BY PARAGRAPH 5, S.O. 98, DATED APRIL 28, 1933, SAID ASSIGNMENT OF QUARTERS TO SECOND LIEUTENANT FORD WAS TERMINATED, EFFECTIVE THAT DATE, AND VOUCHERS ON FILE IN THIS OFFICE SHOW THE OFFICER WAS THEREAFTER PAID RENTAL ALLOWANCE AS AN OFFICER WITHOUT DEPENDENTS FROM APRIL 29, 1933, TO SEPTEMBER 30, 1933, IN THE SUM OF $172.27.

THE RIGHTS OF THE OFFICER TO CONTINUATION OF PAY AND ALLOWANCES FOR THE 6 -MONTH PERIOD FOLLOWING THE INJURIES BEING GOVERNED BY THE ACT OF APRIL 26, 1928, UNDER WHICH IT IS EXPRESSLY PROVIDED THAT DURING THE PERIOD OF HOSPITALIZATION CONTINUATION OF PAY AND ALLOWANCES IS LIMITED TO THAT TO WHICH ENTITLED AT THE TIME THE INJURIES WERE SUSTAINED, EITHER IN MONEY OR IN KIND, HE WAS NOT ENTITLED TO RENTAL ALLOWANCES FOR ANY PART OF THE 6 MONTHS BEGINNING APRIL 15, 1933, FOR THE REASON ON THAT DATE HE WAS FURNISHED QUARTERS IN KIND, AND THE ACT OF APRIL 26, 1928, CONTAINS NO AUTHORITY FOR SUBSTITUTING RENTAL ALLOWANCE FOR THE QUARTERS IN KIND HE WAS RECEIVING AT THE TIME OF THE INJURIES (A 48445, DATED JUNE 5, 1933).

PAYMENT OF THE VOUCHER IS AUTHORIZED IN THE SUM OF $174.87, LESS PROPER DEDUCTIONS FOR INSURANCE PREMIUM, COMPUTED AS FOLLOWS:

TABLE.

CREDITS PAY, OCT. 1 TO OCT. 14, 1933, AT $125 PER MONTH ----------------- $58.33 50 PERCENT INCREASE IN PAY (AVIATION), MAY 1 TO OCT. 14, 1933, AT

$62.50 PER MONTH --------------------------------------------- 341.67 SUBSISTENCE, OCT. 1 TO OCT. 14, AT 51 CENTS PER DAY ----------- - 7.14

407.14

DEBITS ERRONEOUS CREDIT OF RENTAL ALLOWANCE, APR. 29 TO SEPT. 30, 1933,

AT $34 PER MONTH --------------------------------- $172.27

------- $234.87 LESS 15 PERCENT OF $400, ACT OF MAR. 20, 1933 ----------- ------- 60.00

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