A-93436, APRIL 4, 1938, 17 COMP. GEN. 810

A-93436, APRIL 4, 1938, 17 COMP. GEN. 810

PAY AND ALLOWANCES - OFFICERS' RESERVE CORPS - HOSPITALIZATION AFTER RELIEF FROM ACTIVE DUTY - DETERMINATION AS TO DATE DISEASE WAS CONTRACTED A MEMBER OF THE OFFICERS' RESERVE CORPS WHO, AFTER RETURN TO INACTIVE STATUS IS HOSPITALIZED FOR DISEASE INCURRED IN LINE OF DUTY NOT THE RESULT OF HIS OWN MISCONDUCT, IS ENTITLED, WITHIN THE LIMITATIONS OF THE ACT OF JUNE 15, 1936, 49 STAT. 1507, TO THE PAY AND ALLOWANCES THAT HE WAS ,ENTITLED TO RECEIVE AT THE TIME SUCH * * * DISEASE WAS CONTRACTED," BUT WHERE THE ARMY BOARD'S DETERMINATION AS TO THE CONTRACTING OF THE DISEASE IN LINE OF DUTY IS BASED ON THE SHOWING THAT THE DISEASE WAS CONTRACTED ON OR ABOUT THE TIME THE CONDITION WAS FIRST NOTICED BY THE OFFICER, AND THERE IS NO CONTEMPORANEOUS RECORD AS TO THE TIME OF CONTRACTION, THAT TIME GOVERNS THE PAY AND ALLOWANCES TO WHICH ENTITLED, AND NOT SOME LATER TIME ON OR BEFORE RELIEF FROM ACTIVE DUTY WHEN HE WAS IN RECEIPT OF PAY AND ALLOWANCES OF A HIGHER RANK AND GREATER LONGEVITY.

ACTING COMPTROLLER GENERAL ELLIOTT TO CAPTAIN E. F. REA, UNITED STATES ARMY, APRIL 4, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 9, 1938, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY CAPT. ELMER L. KOUP, INF. RES., UNITED STATES ARMY, INACTIVE STATUS, THE PAY AND ALLOWANCES OF FIRST LIEUTENANT WITH OVER 3 YEARS' SERVICE, OR THE PAY AND ALLOWANCES OF CAPTAIN WITH OVER 6 YEARS' SERVICE, FOR THE PERIOD FROM FEBRUARY 1, 1938, TO FEBRUARY 28, 1938, WHILE HOSPITALIZED AT WALTER REED GENERAL HOSPITAL, ON ACCOUNT OF A DISEASE DETERMINED TO HAVE BEEN CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY.

IT APPEARS THIS OFFICER ACCEPTED APPOINTMENT IN THE OFFICERS' RESERVE CORPS, AS SECOND LIEUTENANT, MAY 23, 1930, AS FIRST LIEUTENANT JUNE 15, 1933, AND AS CAPTAIN JULY 22, 1937. HE HAS HAD ACTIVE DUTY FROM FEBRUARY 8, 1931, TO FEBRUARY 21, 1931, JULY 19, 1931, TO AUGUST 1, 1931, AUGUST 7, 1932, TO AUGUST 20, 1932, AND MAY 5, 1933, TO NOVEMBER 4, 1937. COMPLETED 3 YEARS' SERVICE ON OCTOBER 22, 1934, AND 6 YEARS' SERVICE ON OCTOBER 22, 1937.

HOSPITALIZATION WAS AUTHORIZED BY LETTER OF JANUARY 18, 1938, FROM THE ACTING ASSISTANT ADJUTANT GENERAL, THIRD CORPS AREA, BY COMMAND OF THE COMMANDING GENERAL, AS FOLLOWS:

1. IN ACCORDANCE WITH REQUEST CONTAINED IN YOUR LETTER OF NOVEMBER 4, 1937, YOU ARE HEREBY AUTHORIZED TO REPORT TO THE COMMANDING OFFICER, WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., AT YOUR OWN EXPENSE, FOR OBSERVATION AND TREATMENT OF THE ALLEGED SKIN CONDITION.

2. IN VIEW OF THE FACT THAT THE BOARD OF OFFICERS CONVENED IN YOUR CASE FOUND THE DISEASE TO HAVE BEEN CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY, AND NOT DUE TO YOUR OWN MISCONDUCT, AND THESE FINDINGS HAVING BEEN APPROVED BY THE WAR DEPARTMENT, YOU WILL THEREFORE BE ENTITLED TO THE PAY AND ALLOWANCES YOU WERE RECEIVING AT THE TIME THE DISEASE WAS INCURRED, WHILE IN HOSPITAL, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS. SUBSISTENCE AND TRAVEL TO AND FROM THE HOSPITAL WILL BE AT YOUR OWN EXPENSE.

3. IT IS DESIRED THAT YOU MAKE REPORT TO THIS HEADQUARTERS BY INDORSEMENT HEREON AS TO THE DATE YOU WILL REPORT TO THE COMMANDING OFFICER, WALTER REED GENERAL HOSPITAL, FOR TREATMENT AS AUTHORIZED ABOVE.

A BOARD CONVENED NOVEMBER 13, 1937, AT HEADQUARTERS SOUTHERN DISTRICT, C.C.C., RICHMOND, VA., MADE FINDINGS AS FOLLOWS:

1. THAT CAPTAIN ELMER L. KOUP, INF-RES., CONTRACTED THIS DISEASE IN LINE OF DUTY, WHILE ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, PER PARAGRAPH 4, SPECIAL ORDERS NO. 102, HEADQUARTERS THIRD CORPS AREA, DATED MAY 3, 1933. (SEE EXHIBIT "J," ATTACHED.)

2. THAT CAPTAIN KOUP (THEN FIRST LIEUTENANT) FIRST NOTICED THIS SKIN CONDITION WHILE ON DUTY AT FORT GEORGE G. MEADE, MARYLAND, DURING THE PERIOD MARCH 28, 1936, TO JUNE 1, 1936.

3. THAT THIS DISEASE WAS NOT CAUSED BY THE USE OF ALCOHOLIC BEVERAGES OR NARCOTICS, NOR WAS IT THE RESULT OF CAPTAIN KOUP'S OWN MISCONDUCT.

4. THAT CAPTAIN KOUP DID NOT APPLY FOR TREATMENT EXCEPT IN AN INFORMAL MANNER TO 1ST LIEUT. ARTHUR H. GREEN, MED-RES., CAMP SURGEON, 1370TH COMPANY, C.C.C., CAMP SCS-13-VA., CROWE, VIRGINIA, DURING THE LATTER PART OF JULY 1937, UNTIL NOVEMBER 4, 1937. (SEE EXHIBITS "G" AND "H," ATTACHED.)

5. THAT CAPTAIN KOUP IS SUFFERING FROM A SKIN CONDITION (PROBABLY TINEA) INVOLVING THE GENITALIA, BUTTOCKS, AND SCALP. (SEE PAR. 6, EXHIBIT "F," ATTACHED.)

6. THAT PROBABLE DIAGNOSIS, LISTED IN PARAGRAPH 6, EXHIBIT "F," HAS NOT BEEN CONFIRMED.

7. THAT THIS SKIN CONDITION IS NOT NOTED ON ANY PHYSICAL EXAMINATION REPORTS PRIOR TO CAPTAIN KOUP'S LAST EXAMINATION OF NOVEMBER 4, 1937. (SEE EXHIBIT "F," ATTACHED.)

8. THAT CAPTAIN KOUP IS NOW ON AN INACTIVE DUTY STATUS HAVING REVERTED ON NOVEMBER 4, 1937, PER PARAGRAPH 18, SPECIAL ORDERS NO. 136, HEADQUARTERS THIRD CORPS AREA, DATED JUNE 7, 1937. (SEE EXHIBIT "X," ATTACHED.)

THESE FINDINGS WERE APPROVED DECEMBER 18, 1937, BY THE COMMANDING OFFICER, SOUTHERN DISTRICT, C.C.C., AND JANUARY 14, 1938, BY ORDER OF THE SECRETARY OF WAR.

THE ACT OF JUNE 15, 1936, 49 STAT. 1507, PROVIDES:

* * * MEMBERS OF THE OFFICERS' RESERVE CORPS * * * WHO SUFFER INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS IN TIME OF PEACE; * * * SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED, AT GOVERNMENT EXPENSE, TO SUCH HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE IN HOSPITAL AND AT THEIR HOMES, AS IS NECESSARY FOR THE APPROPRIATE TREATMENT OF SUCH INJURY OR DISEASE, UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CANNOT BE MATERIALLY IMPROVED BY FURTHER HOSPITALIZATION OR TREATMENT, AND DURING THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF ACTIVE DUTY OR TRAINING IN ANY CASE TO THE PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED, * * *

IT APPEARS THE DISEASE WAS MADE A MATTER OF RECORD IN CONNECTION WITH THE PHYSICAL EXAMINATION AT THE TIME THE OFFICER REVERTED TO INACTIVE STATUS, NOVEMBER 4, 1937, BUT NO CONTEMPORANEOUS RECORD WAS MADE OF THE ONSET OF THE CONDITION COMPLAINED OF. THE OFFICER APPARENTLY STATED THAT HE FIRST NOTICED THIS SKIN CONDITION DURING THE PERIOD MARCH 28, 1936, TO JUNE 1, 1936, AND, THE DETERMINATION THAT THIS DISEASE WAS CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY, APPEARS TO BE BASED ON THE SHOWING THAT THE DISEASE WAS CONTRACTED ON OR ABOUT THE TIME THE CONDITION FOR WHICH HE WAS HOSPITALIZED WAS FIRST NOTICED. AT THAT TIME THE OFFICER WAS SERVING AS FIRST LIEUTENANT WITH OVER 3 YEARS' AND LESS THAN 6 YEARS' SERVICE, UNDER THE TERMS OF THE STATUTE PAYMENT IS AUTHORIZED OF PAY AND ALLOWANCES, WHETHER IN MONEY OR INKIND, WHICH HE WAS ENTITLED TO RECEIVE AT THE TIME THE DISEASE WAS CONTRACTED. YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH, OF PAY AND ALLOWANCES TO WHICH ENTITLED AS FIRST LIEUTENANT WHILE ON DUTY AT FORT GEORGE G. MEADE, MD., DURING THE PERIOD MARCH 28, 1936, TO JUNE 1, 1936, SEE 16 COMP. GEN. 289.