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B-124758, OCT. 5, 1955

B-124758 Oct 05, 1955
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WAS PROPER AND THAT YOU SHOULD NOT BE HELD LIABLE FOR THE SUM OF $1. IT IS SHOWN THAT YOUR INTERNSHIP CONTINUED THROUGH JUNE 30. THE RULE IS WELL ESTABLISHED THAT NAVAL RESERVE OFFICERS ASSIGNED TO ACTIVE DUTY MAY NOT BE PAID MORE THAN THE STATUTORY COMPENSATION PRESCRIBED FOR SERVICES WHICH THEY NORMALLY ARE REQUIRED TO PERFORM AS RESERVE OFFICERS AND ANY COMPENSATION IN EXCESS THEREOF RECEIVED AND RETAINED BY THEM WHILE SO ASSIGNED FROM EITHER A LOCAL GOVERNMENT OR PRIVATELY OPERATED HOSPITAL ACCRUES TO THE GOVERNMENT OF THE UNITED STATES. TO WHICH REFERENCE IS MADE IN THE ABOVE DECISION. IT WAS STATED. IT MUST BE CONCLUDED THAT THE COMPENSATION PAID TO YOU BY THE HIGHLAND PARK GENERAL HOSPITAL INCIDENT TO SERVICES PERFORMED AS AN INTERN WHILE ON ACTIVE DUTY AS A NAVAL RESERVE OFFICER WAS RECEIVED FOR THE ACCOUNT AND BENEFIT OF THE FEDERAL GOVERNMENT.

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B-124758, OCT. 5, 1955

TO MR. DAVID L. REIVE:

THERE HAS BEEN RECEIVED HERE FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, A LETTER (DATED MAY 5, 1955) SIGNED BY MR. GEORGE C. ABDO, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING BY REASON OF AN OVERPAYMENT OF COMPENSATION FOR SERVICES RENDERED AS AN INTERN AT THE HIGHLAND PARK GENERAL HOSPITAL, HIGHLAND PARK, MICHIGAN, WHILE ON ACTIVE DUTY AS AN OFFICER IN THE NAVAL RESERVE. MR. ABDO EXPRESSES THE VIEW THAT YOUR ACCEPTANCE OF ADDITIONAL COMPENSATION FROM THE HOSPITAL, PRESUMABLY OPERATED BY FUNDS CONTRACTED BY THE STATE, COUNTY OR MUNICIPALITY, WAS PROPER AND THAT YOU SHOULD NOT BE HELD LIABLE FOR THE SUM OF $1,200 REPORTED TO BE DUE THE UNITED STATES.

THE RECORD DISCLOSES THAT WHILE ASSIGNED TO ACTIVE DUTY WITH THE NAVAL RESERVE YOU REPORTED FOR DUTY AS AN INTERN AT THE ABOVE-MENTIONED HOSPITAL EFFECTIVE JULY 1, 1949. IT IS SHOWN THAT YOUR INTERNSHIP CONTINUED THROUGH JUNE 30, 1950, AND THAT THE HOSPITAL PAID YOU A MONTHLY STIPEND OF $100 PER MONTH, OR $1,200 DURING THE FISCAL YEAR ENDING JUNE 30, 1950.

THE RULE IS WELL ESTABLISHED THAT NAVAL RESERVE OFFICERS ASSIGNED TO ACTIVE DUTY MAY NOT BE PAID MORE THAN THE STATUTORY COMPENSATION PRESCRIBED FOR SERVICES WHICH THEY NORMALLY ARE REQUIRED TO PERFORM AS RESERVE OFFICERS AND ANY COMPENSATION IN EXCESS THEREOF RECEIVED AND RETAINED BY THEM WHILE SO ASSIGNED FROM EITHER A LOCAL GOVERNMENT OR PRIVATELY OPERATED HOSPITAL ACCRUES TO THE GOVERNMENT OF THE UNITED STATES. SEE 30 COMP. GEN. 246, 32 ID. 454.

THE ACT OF JUNE 25, 1948, 62 STAT. 793 (18 U.S.C. 1914), TO WHICH REFERENCE IS MADE IN THE ABOVE DECISION, PROVIDES AS FOLLOWS:

"WHOEVER, BEING A GOVERNMENT OFFICIAL OR EMPLOYEE, RECEIVES ANY SALARY IN CONNECTION WITH HIS SERVICES AS SUCH AN OFFICIAL OR EMPLOYEE FROM ANY SOURCE OTHER THAN THE GOVERNMENT OF THE UNITED STATES, EXCEPT AS MAY BE CONTRIBUTED OUT OF THE TREASURY OF ANY STATE, COUNTY, OR MUNICIPALITY; OR

"WHOEVER, WHETHER A PERSON, ASSOCIATION, OR CORPORATION, MAKE ANY CONTRIBUTION TO, OR IN ANY WAY SUPPLEMENTS THE SALARY OF, ANY GOVERNMENT OFFICIAL OR EMPLOYEE FOR THE SERVICES PERFORMED BY HIM FOR THE GOVERNMENT OF THE UNITED STATES---

"SHALL BE FINED NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH.'

IN THE DECISION OF APRIL 16, 1953, 32 COMP. GEN. 454, IT WAS STATED, IN REFERENCE TO THE ABOVE CRIMINAL STATUTE, THAT WHILE A STRICT CONSTRUCTION OF THE STATUTE MIGHT BRING CASES SIMILAR TO YOURS WITHIN THE PURVIEW OF THE EXCEPTION, INSOFAR AS CRIMINAL PROSECUTION MIGHT BE INVOLVED, IT DOES NOT FOLLOW THAT SUCH EXCEPTION HAD THE EFFECT OF AUTHORIZING THE RETENTION OF ADDITIONAL COMPENSATION FROM SUCH SOURCES CONTRARY TO GENERALLY RECOGNIZED PRINCIPLES OF EXISTING LAW. HENCE, IT MUST BE CONCLUDED THAT THE COMPENSATION PAID TO YOU BY THE HIGHLAND PARK GENERAL HOSPITAL INCIDENT TO SERVICES PERFORMED AS AN INTERN WHILE ON ACTIVE DUTY AS A NAVAL RESERVE OFFICER WAS RECEIVED FOR THE ACCOUNT AND BENEFIT OF THE FEDERAL GOVERNMENT. ACCORDINGLY, THE SUM OF $1,200 IS FOUND TO BE DUE THE UNITED STATES, AND YOU ARE AGAIN REQUESTED TO PROMPTLY REMIT SUCH AMOUNT, BY CHECK, BANK DRAFT OR POSTAL MONEY ORDERS MADE PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

P.O. BOX 2610 ..END :

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