B-15262, MARCH 4, 1941, 20 COMP. GEN. 498

B-15262, MARCH 4, 1941, 20 COMP. GEN. 498

PAY - MILITARY PERSONNEL CONNECTED WITH PUBLICATIONS AN ARMY MEDICAL OFFICER WOULD NOT BE PRECLUDED FROM RECEIVING HIS ARMY PAY AND ALLOWANCES BY REASON OF SERVING WITHOUT COMPENSATION IN AN ADVISORY CAPACITY IN CONNECTION WITH THE ISSUANCE OF A PERIODICAL BY THE AMERICAN MEDICAL ASSOCIATION IF HE IS NOT IN FACT DETAILED AWAY FROM HIS DUTIES WITH THE ARMY, THERE NOT BEING INVOLVED ANY VIOLATION OF THE PROHIBITION IN THE MILITARY APPROPRIATION ACT, 1941, AGAINST PAYING ARMY PERSONNEL WHILE ENGAGED WITH PUBLICATIONS "ISSUED BY OR FOR ANY * * * MILITARY ASSOCIATION IN WHICH OFFICERS OR ENLISTED MEN HAVE MEMBERSHIP AND WHICH CARRIES PAID ADVERTISING OF FIRMS DOING BUSINESS WITH THE WAR DEPARTMENT.'

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MARCH 4, 1941:

I HAVE YOUR LETTER OF FEBRUARY 28, 1941, AS FOLLOWS:

THE SURGEON GENERAL HAS REQUESTED AUTHORITY TO DESIGNATE COLONEL CHARLES C. HILLMAN, MEDICAL CORPS, REGULAR ARMY, NOW ON DUTY IN THE OFFICE OF THE SURGEON GENERAL, AS A MEMBER OF THE BOARD OF CONSULTANTS ON WAR MEDICINE, A PERIODICAL PROPOSED TO BE PUBLISHED ON A TEMPORARY BASIS BY THE AMERICAN MEDICAL ASSOCIATION IN THE INTERESTS OF THE MEDICAL PROFESSION GENERALLY DURING THE PERIOD OF MOBILIZATION AND TRAINING OF THE MAN POWER OF THE NATION. THE SURGEON GENERAL ADVISES THAT COLONEL HILLMAN WILL SERVE WITHOUT COMPENSATION AND WITHOUT ABRIDGMENT OF HIS NORMAL DUTIES. FURTHER STATES THAT THE GOVERNMENT HAS NO MATERIAL INTEREST IN THE PUBLICATION, THAT IT WILL NOT IN ANY WAY CONTROL ITS BUSINESS POLICY AND IT IS NOT IN ANY SENSE TO BE REGARDED AS A ,SERVICE" PUBLICATION. FURTHER APPEARS THAT THE AMERICAN MEDICAL ASSOCIATION PUBLISHES A WEEKLY JOURNAL, BUT IN VIEW OF THE VOLUME, DISTRIBUTION, AND SPECIAL NATURE OF THE INFORMATION PROPOSED TO BE EMBODIED UNDER THE TITLE " WAR MEDICINE," THIS PUBLICATION WILL BE PRODUCED UNDER A SEPARATE COVER.

THE SURGEON GENERAL IS INTERESTED IN THE UNDERTAKING BECAUSE OF ITS VALUE IN THE DISSEMINATION OF HELPFUL INFORMATION TO THE MEDICAL PROFESSION IN THE CAUSE OF MEDICAL PREPAREDNESS. IT IS PROPOSED THAT COLONEL HILLMAN SERVE WHOLLY IN AN ADVISORY CAPACITY AND IN COOPERATION WITH LIKE REPRESENTATIVES OF THE MEDICAL CORPS OF THE NAVY AND THE PUBLIC HEALTH SERVICE.

BY A RECURRENT PROVISION APPEARING IN MILITARY APPROPRIATION ACTS UNDER THE ITEM " PAY OF THE ARMY," OFFICERS AND ENLISTED MEN ON THE ACTIVE LIST OF THE ARMY FORFEIT ELIGIBILITY TO RECEIVE MILITARY PAY WHILE---

"* * * ENGAGED IN ANY MANNER WITH ANY PUBLICATION WHICH IS OR MAY BE ISSUED BY OR FOR ANY BRANCH OR ORGANIZATION OF THE ARMY OR MILITARY ASSOCIATION IN WHICH OFFICERS OR ENLISTED MEN HAVE MEMBERSHIP AND WHICH CARRIES PAID ADVERTISING OF FIRMS DOING BUSINESS WITH THE WAR DEPARTMENT: * * *" (ACT OF JUNE 13, 1940; PUBLIC, NO. 611, 76TH CONG.).

A PROVISO IS APPENDED TO THE EFFECT THAT THE RESTRICTION IS NOT TO BE CONSTRUED AS PROHIBITING OFFICERS "FROM WRITING OR DISSEMINATING ARTICLES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF WAR.' PROVIDED THAT NO CONTRAVENTION OF THE RESTRICTIVE ENACTMENT CITED ABOVE WOULD BE INVOLVED, THE PROPOSAL WILL VIOLATE NO EXISTING WAR DEPARTMENT REGULATIONS. THE SOLE QUESTION FOR DETERMINATION IS WHETHER COLONEL HILLMAN'S PARTICIPATION IN THE MATTERS COMING BEFORE THE ADVISORY BOARD OF THE PROPOSED PERIODICAL WOULD RENDER HIM INELIGIBLE TO RECEIVE HIS MILITARY PAY.

THE JUDGE ADVOCATE GENERAL OF THE ARMY HAS EXPRESSED THE VIEW THAT AS THE PERIODICAL IS NOT A ,SERVICE" PUBLICATION, THE DESIGNATION OF COLONEL HILLMAN AS A MEMBER OF THE ADVISORY BOARD WOULD NOT RENDER HIM INELIGIBLE TO RECEIVE HIS MILITARY PAY. HE HAS SUGGESTED, HOWEVER, THAT AS THE SUBJECT OF THE PAY AND ALLOWANCES OF THE OFFICER CONCERNED ARE INVOLVED, IT WOULD BE APPROPRIATE TO SECURE YOUR DECISION IN ADVANCE.

THE ENTIRE PARAGRAPH FROM WHICH YOU HAVE QUOTED, CONTAINED UNDER " PAY OF THE ARMY" IN THE ACT OF JUNE 13, 1940, PUBLIC, NO. 611, IS AS FOLLOWS:

NO APPROPRIATION FOR THE PAY OF THE ARMY SHALL BE AVAILABLE FOR THE PAY OF ANY OFFICER OR ENLISTED MAN ON THE ACTIVE LIST OF THE ARMY WHO IS ENGAGED IN ANY MANNER WITH ANY PUBLICATION WHICH IS OR MAY BE ISSUED BY OR FOR ANY BRANCH OR ORGANIZATION OF THE ARMY OR MILITARY ASSOCIATION IN WHICH OFFICERS OR ENLISTED MEN HAVE MEMBERSHIP AND WHICH CARRIES PAID ADVERTISING OF FIRMS DOING BUSINESS WITH THE WAR DEPARTMENT: PROVIDED, HOWEVER, THAT NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT OFFICERS FROM WRITING OR DISSEMINATING ARTICLES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF WAR.

THE PROPOSED PERIODICAL," WAR MEDICINE," IS INTENDED TO BE PUBLISHED BY THE AMERICAN MEDICAL ASSOCIATION, IT IS NOT ISSUED BY OR FOR ANY BRANCH OR ORGANIZATION OF THE ARMY, AND THE AMERICAN MEDICAL ASSOCIATION IS NOT A MILITARY ASSOCIATION ALTHOUGH MEDICAL OFFICERS OF THE ARMY, AS PHYSICIANS AND SURGEONS, MAY HAVE MEMBERSHIP THEREIN THE SAME AS OTHER QUALIFIED PHYSICIANS OR SURGEONS. WHILE IT IS STATED "THE GOVERNMENT HAS NO MATERIAL INTEREST IN THE PUBLICATION, THAT IT WILL NOT IN ANY WAY CONTROL ITS BUSINESS POLICY," IT IS NOT MADE ENTIRELY CLEAR THAT COLONEL HILLMAN AS A MEMBER OF THE BOARD OF CONSULTANTS WILL NOT PARTICIPATE IN THE CONTROL OF THE BUSINESS POLICY OF THE PERIODICAL. HOWEVER, IT IS UNDERSTOOD THAT COLONEL HILLMAN WILL SERVE WHOLLY IN AN ADVISORY CAPACITY, PRESUMABLY AS TO THE NATURE OF THE SUBJECTS AND APPROPRIATENESS OR PERTINENCY OF THE ARTICLES APPEARING THEREIN. IF COLONEL HILLMAN'S ACTIVITIES ARE TO BE SO CONFINED, AND HE IS NOT IN FACT DETAILED AWAY FROM HIS DUTIES WITH THE MEDICAL DEPARTMENT OF THE ARMY FOR THE PURPOSE OF HIS PROPOSED ACTIVITIES AS A MEMBER OF THE BOARD OF CONSULTANTS OF " WAR MEDICINE," I HAVE TO ADVISE THAT THE ASSIGNMENT WILL NOT PRECLUDE HIM FROM RECEIVING THE PAY AND ALLOWANCES AS AN ARMY OFFICER TO WHICH HE OTHERWISE MAY BE ENTITLED.