MAY 12, 1922, 1 COMP. GEN. 648

MAY 12, 1922, 1 COMP. GEN. 648

OPERATIONS BY PRIVATE SURGEONS - ARMY FIELD CLERK THE COST OF AN OPERATION BY A PRIVATE SURGEON TO REMOVE FACIAL DISFIGUREMENT OF AN ARMY FIELD CLERK, NOT NECESSARY TO FIT HIM FOR PERFORMANCE OF MILITARY DUTIES, IS A PERSONAL EXPENSE AND NOT PAYABLE FROM PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 12, 1922:

DR. WILLIAM E. CHENERY REQUESTED, APRIL 9, 1922, REVIEW OF SETTLEMENT NO. 787224, DATED JUNE 16, 1921, WHEREIN THE AUDITOR FOR THE WAR DEPARTMENT DISALLOWED HIS CLAIM FOR $35 AS PAYMENT FOR AN OPERATION ON, AND SUBSEQUENT TREATMENT OF, THE NOSE OF DONALD B. FALVEY, ARMY FIELD CLERK, DURING THE PERIOD MAY 14 TO 29, 1919.

THE ARMY FIELD CLERK WAS ON DUTY AT THE HEADQUARTERS, FIRST CORPS AREA, WHEN CONSULTATION WAS HAD WITH THE ATTENDING SURGEON THERE RELATIVE TO A DISFIGUREMENT OF HIS NOSE AND REQUEST MADE THAT AN OPERATION BE PERFORMED TO REMOVE THE DISFIGUREMENT. INFORMATION WAS GIVEN THAT NO MEDICAL OFFICER OF THE ARMY WAS AVAILABLE WHO WAS SKILLED IN THE OPERATION REQUIRED, BUT THAT THE OPERATION WAS NOT NECESSARY TO FIT FALVEY FOR THE PERFORMANCE OF HIS MILITARY DUTIES. FALVEY STATES THAT THE DISFIGUREMENT OF HIS NOSE WAS INCURRED IN THE MILITARY SERVICE; THAT HIS VOCATION WHEN IN CIVIL LIFE WAS THAT OF A SALESMAN; THAT THE DISFIGUREMENT OF HIS NOSE MILITATED AGAINST HIS SUCCESS IN HIS VOCATION; AND THAT HE SOUGHT AND OBTAINED CLAIMANT'S PROFESSIONAL SERVICES IN REMOVING THE ALLEGED HANDICAP. CLAIMANT STATES THAT THE OPERATION WAS FOR A DEVIATED SEPTUM WHICH WAS A MATTER OF GRADUAL GROWTH AND COULD HAVE NOTHING TO DO WITH TRAUMATISM AND THAT THE OPERATION WAS CONCERNED MORE WITH THE RESTORATION OF FREE RESPIRATION THAN WITH THE REMOVAL OF A DEFORMITY. IT IS INSISTED THAT THE RESULTING EXPENSE OF $35 SHOULD BE BORNE BY THE UNITED STATES.

THE ACT OF JULY 11, 1919, 41 STAT., 121, MAKING APPROPRIATION FOR THE ARMY FOR THE FISCAL YEAR 1920, THE FISCAL YEAR IN WHICH THIS TREATMENT WAS SECURED, MAKES PROVISIONS FOR THE TREATMENT OF OFFICERS, ENLISTED MEN, AND OTHER MILITARY PERSONNEL BY CIVILIAN PHYSICIANS WHEN ENTITLED THERETO BY LAW, REGULATIONS, OR CONTRACT. PARAGRAPH 1476, ARMY REGULATIONS, 1913- 1917, STATES, AMONG OTHER THINGS, THAT---

TREATMENT OF CHRONIC COMPLAINTS BY A SPECIALIST WILL NOT BE PAID FOR UNLESS AUTHORITY TO EMPLOY SUCH SPECIALIST HAS BEEN OBTAINED FROM THE SURGEON GENERAL.

THE SURGEON GENERAL CONSIDERED THE MATTER AS A PERSONAL OBLIGATION. ACCORDING TO THE ADMISSIONS OF THE PERSONS CONCERNED, THE OPERATION WAS DESIRED TO REMEDY A FACIAL DISFIGUREMENT, THE RESULT OF A GRADUAL GROWTH, WHICH IN NOWISE INTERFERED WITH THE PERFORMANCE OF MILITARY DUTIES. THE ARMY FIELD CLERK DESIRED THE REMOVAL NOT BECAUSE IT WOULD ENABLE HIM TO RENDER MORE EFFICIENT MILITARY SERVICE BUT BECAUSE IT WAS THOUGHT THAT THE REMOVAL OF THE DISFIGUREMENT WOULD AID IN CIVILIAN PURSUITS AFTER HIS DISCHARGE FROM THE ARMY.

THE EXPENSE INCURRED FOR THE OPERATION WAS A PERSONAL OBLIGATION AND THERE IS NO AUTHORIZATION FOR ITS PAYMENT FROM PUBLIC FUNDS. SEE 27 COMP. DEC., 621; PRESTON V. UNITED STATES, 37 C.CLS., 39.

UPON REVIEW OF THE MATTER NO DIFFERENCES ARE FOUND AND THE SETTLEMENT IS SUSTAINED.