A-78286, JULY 24, 1936, 16 COMP. GEN. 61

A-78286, JULY 24, 1936, 16 COMP. GEN. 61

PAY - ACTIVE DUTY - ARMY RESERVE OFFICER HOSPITALIZED ACCOUNT VENEREAL DISEASE AN ARMY RESERVE OFFICER HOSPITALIZED ACCOUNT VENEREAL DISEASE DURING A PERIOD OF ACTIVE DUTY IS ENTITLED TO PAY AND ALLOWANCES DURING THE PERIOD OF HOSPITALIZATION WHERE THE INITIAL SYMPTOMS OF THE DISEASE APPEARED MORE THAN 1 YEAR PRIOR TO SAID HOSPITALIZATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. S. R. BEARD, UNITED STATES ARMY, JULY 24, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE YOUR LETTER OF JUNE 11, 1936, TRANSMITTING VOUCHER FOR $126.47, IN FAVOR OF JAMES RAY BARRICK, REPRESENTING ACTIVE DUTY PAY AND ALLOWANCES OF A FIRST LIEUTENANT, INFANTRY RESERVE, FROM JANUARY 1, TO JANUARY 14, 1936, WHILE A PATIENT AT WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C.

PARAGRAPH 31, SPECIAL ORDERS NO. 198, DATED HEADQUARTERS, THIRD CORPS AREA, U.S. ARMY, BALTIMORE, MARYLAND, AUGUST 13, 1935, PROVIDES:

BY DIRECTION OF THE PRESIDENT AND TO CARRY OUT THE PROVISIONS OF THE ACT OF MARCH 31, 1933 (PUBLIC, NO. 5, 73RD CONGRESS), EACH OF THE FOLLOWING RESERVE OFFICERS, NOW ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS IS, WITH HIS CONSENT, CONTINUED ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS FOR ANOTHER SIX MONTHS, TO TERMINATE, UNLESS SOONER RELIEVED, IN TIME SO AS TO ENABLE HIM TO ARRIVE AT HIS HOME AT THE PLACE INDICATED AFTER HIS NAME ON THE DATE SET OPPOSITE HIS NAME, UPON WHICH DATE HE WILL REVERT TO INACTIVE STATUS. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1603 P 2 0121 P 2-0620 P 2-0700 A 5016-5-7:

DATE OF RELIEF 1ST LT. JAMES RAY BARRICK (0-219110), INF.-RES. MARCH 15, 1936

1445 PARK ROAD, NW., WASHINGTON, D.C.

IT APPEARS THAT THIS RESERVE OFFICER WAS ORDERED TO WALTER REED GENERAL HOSPITAL PER PARAGRAPH 1, S.O. 84, HEADQUARTERS, 380TH COMPANY, CIVILIAN CONSERVATION CORPS, OCTOBER 5, 1935, AND WAS A PATIENT THEREAT FROM OCTOBER 7, 1935, TO JANUARY 14, 1936.

OFFICIAL COPY OF "FINDINGS DISPOSITION BOARD, WALTER REED GENERAL HOSPITAL," APPROVED JANUARY 14, 1936, IS WORDED AS FOLLOWS:

AFTER A THOROUGH EXAMINATION OF THE OFFICER AND THE CLINICAL RECORD PERTAINING TO HIS CASE, THE BOARD FINDS THAT THE DIAGNOSIS IS AS FOLLOWS: (1) NEPHROLITHIASIS, RIGHT, MULTIPLE, SPONTANEOUS PASSAGE OF 3 SMALL URINARY CALCULI BETWEEN OCTOBER 4 AND NOVEMBER 25, 1935. (2) SYPHILIS, TERTIARY, CEREBRO-SPINAL, MANIFESTED BY POSITIVE BLOOD AND SPINAL FLUID FINDINGS AND BY MINIMAL NEUROLOGICAL FINDINGS. L.O.D. 1 NO; EXISTED PRIOR TO AND NOT AGGRAVATED BY ACTIVE MILITARY SERVICE. 2 NO; AR 35-1440 DOES NOT APPLY OVER 1 YEAR'S DURATION.

THE BOARD IS OF THE OPINION AFTER CONSIDERATION OF THE ABOVE THAT IN THE CASE OF 1ST LT. JAMES R. BARRICK, INF. RES., FURTHER HOSPITALIZATION IS NOT NECESSARY AND THAT HE IS PHYSICALLY FIT TO BE DISCHARGED FROM HOSPITAL. HE HAS A PHYSICAL DISABILITY VIZ., SYPHILIS, TERTIARY, CEREBRO- SPINAL, MANIFESTED BY POSITIVE BLOOD AND SPINAL FLUID FINDINGS AND BY MINIMAL NEUROLOGICAL FINDINGS, WHICH DISQUALIFIES HIM AS A MEMBER OF THE OFFICERS' RESERVE CORPS.

THE BOARD RECOMMENDS THAT 1ST LT. JAMES R. BARRICK, INF. RES., BE RELIEVED FROM FURTHER OBSERVATION AND TREATMENT AND DISCHARGED FROM HOSPITAL.

BY DIRECTION OF THE PRESIDENT, PARAGRAPH 18, S.O. 24, DATED HEADQUARTERS, THIRD CORPS AREA, BALTIMORE, MARYLAND, JANUARY 28, 1936, RELIEVED FIRST LIEUT. JAMES RAY BARRICK, INFANTRY RESERVE, BECAUSE OF PHYSICAL DISQUALIFICATION FROM FURTHER ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, 380TH COMPANY, CAMP S-134-PA-COUDERSPORT, PA., IN TIME SO AS TO ENABLE HIM TO ARRIVE AT HIS HOME ON JANUARY 31, 1936, UPON WHICH DATE HE WAS TO REVERT TO INACTIVE STATUS. IT IS UNDERSTOOD HE WAS DISCHARGED FEBRUARY 8, 1936, AS A RESERVE OFFICER OF THE ARMY.

SECTION 2 OF THE ACT OF MAY 17, 1926 (44 STAT. 557, TITLE 10, U.S.C., SEC. 847 (B) (, PROVIDES:

THAT HEREAFTER NO PERSON IN ACTIVE SERVICE IN THE MILITARY OR NAVAL SERVICE WHO SHALL BE ABSENT FROM HIS REGULAR DUTIES FOR MORE THAN ONE DAY AT ANY ONE TIME ON ACCOUNT OF THE DIRECT EFFECTS OF A VENEREAL DISEASE DUE TO HIS OWN MISCONDUCT, SHALL, EXCEPT AS HEREAFTER PROVIDED, BE ENTITLED TO ANY PAY, AS DISTINGUISHED FROM ALLOWANCES, FOR THE PERIOD OF SUCH ABSENCE: PROVIDED, THAT SUCH ABSENCE IS WITHIN A PERIOD OF ONE YEAR FOLLOWING THE APPEARANCE OF THE INITIAL SYMPTOMS OF SUCH VENEREAL DISEASE AND REGARDLESS OF WHETHER THE APPEARANCE OF THE INITIAL SYMPTOMS OCCURS PRIOR OR SUBSEQUENT TO THE DATE OF ENTRY INTO THE SERVICE.

UNDER THE PROVISIONS OF SECTION 37 (A) OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, RESERVE OFFICERS OF THE ARMY WHEN ON ACTIVE DUTY ARE ENTITLED TO THE SAME PAY AND ALLOWANCES AS OFFICERS OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE TO THE EXTENT OTHER PROVISION FOR THEIR PAY OR ALLOWANCES HAS NOT BEEN MADE BY STATUTE AND WHEN ON ACTIVE DUTY PURSUANT TO LAW ARE PERSONS IN ACTIVE SERVICE IN THE MILITARY SERVICE WITHIN THE MEANING OF THE ACT OF MAY 17, 1926.

UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF MAY 17, 1926, FORFEITURE OF PAY BY REASON OF ABSENCE FROM DUTY ON ACCOUNT OF A VENEREAL DISEASE IS LIMITED TO A PERIOD OF 1 YEAR FROM THE APPEARANCE OF THE INITIAL SYMPTOMS. ABSENCE FROM DUTY DUE TO SUCH CAUSES AFTER 1 YEAR HAS ELAPSED FROM THE DATE OF THE APPEARANCE OF THE INITIAL SYMPTOMS OF THE DISEASE DOES NOT DEPRIVE THE PERSON OF PAY IF OTHERWISE ENTITLED THERETO BY REASON OF HIS STATUS IN ACTIVE SERVICE IN THE MILITARY SERVICE.

NOTATION IN THE APPROVED REPORT OF THE BOARD, HEREINBEFORE QUOTED, TO THE EFFECT THAT A.R. 35-1440 DOES NOT APPLY "OVER 1 YEAR'S DURATION" WAS APPARENTLY BASED UPON A DETERMINATION BY MEDICAL OFFICERS FROM AN EXAMINATION OF THE MEDICAL AND OTHER RECORDS AS PROVIDED BY PARAGRAPH 2 (H), A.R. 345-415, AND MAY BE ACCEPTED AS A FINDING UNDER THE LAW AND REGULATIONS THAT THE INITIAL SYMPTOMS OF THE DISEASE REFERRED TO IN THE SECOND ITEM OF THE DIAGNOSIS APPEARED MORE THAN 1 YEAR PRIOR TO THE ABSENCE FROM DUTY.

THE ABSENCE FROM DUTY IN HOSPITAL DID NOT EXTEND BEYOND THE PERIOD OF ORDERED ACTIVE DUTY WHICH ORDINARILY MEASURES THE RIGHT TO PAY AND ALLOWANCES. ON THE CONTRARY, THE DISABILITY FOUND RESULTED IN EARLY RELIEF FROM ACTIVE DUTY AND DISCHARGE FROM THE SERVICE. UNDER THE PROVISIONS OF SECTION 37 (A) OF THE NATIONAL DEFENSE ACT, AS AMENDED, THE OFFICER IS ENTITLED TO PAY AND ALLOWANCES DURING THE PERIOD OF HOSPITALIZATION AND PAYMENT OF THE VOUCHER, IF OTHERWISE CORRECT, IS ACCORDINGLY AUTHORIZED.