Skip to main content

B-167856, SEP. 24, 1969

B-167856 Sep 24, 1969
Jump To:
Skip to Highlights

Highlights

INDIVIDUAL WHO AFTER ORDERS TO TRAINING DUTY FOR 28 DAYS WAS FOUND TO BE UNFIT FOR DUTY BECAUSE OF SEVERE PSYCHOTIC REACTION MAY NOT HAVE SUCH DISABILITY CONSIDERED PHYSICAL INJURY BUT RATHER A DISEASE AND THEREFORE PAY AND ALLOWANCES BEYOND DATE AUTHORIZED IN ORDERS. MANIOTIS: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20. IN WHICH YOU WERE ADVISED THAT THERE IS NO AUTHORITY TO ALLOW YOUR SON. YOUR SON WAS DIRECTED TO REPORT TO NAVAL RESERVE TRAINING CENTER. IF FOUND PHYSICALLY QUALIFIED HE WAS TO PROCEED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR NOT TO EXCEED 28 DAYS. HE WAS TO REPORT ON FEBRUARY 5. UPON COMPLETION OF SUCH RECRUIT TRAINING HE WAS TO REPORT TO THE COMMANDING OFFICER.

View Decision

B-167856, SEP. 24, 1969

MILITARY - DISABILITY WHILE ON TRAINING DUTY DECISION TO INDIVIDUAL SUSTAINING DISALLOWANCE OF SON'S CLAIM FOR PAY AND ALLOWANCES AS FIREMAN, UNITED STATES NAVAL RESERVE FOR PERIOD OF HOSPITALIZATION AND TREATMENT SUBSEQUENT TO EXPIRATION OF ORDERED TRAINING DUTY. INDIVIDUAL WHO AFTER ORDERS TO TRAINING DUTY FOR 28 DAYS WAS FOUND TO BE UNFIT FOR DUTY BECAUSE OF SEVERE PSYCHOTIC REACTION MAY NOT HAVE SUCH DISABILITY CONSIDERED PHYSICAL INJURY BUT RATHER A DISEASE AND THEREFORE PAY AND ALLOWANCES BEYOND DATE AUTHORIZED IN ORDERS.

TO MR. WILLIAM G. MANIOTIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 20, 1969, IN EFFECT REQUESTING REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION BY LETTER DATED JULY 15, 1969, IN WHICH YOU WERE ADVISED THAT THERE IS NO AUTHORITY TO ALLOW YOUR SON, WILLIAM P. MANIOTIS, PAY AND ALLOWANCES AS FIREMAN, UNITED STATES NAVAL RESERVE, FOR ANY PERIOD OF HOSPITALIZATION AND TREATMENT SUBSEQUENT TO THE EXPIRATION ON MARCH 4, 1967, OF HIS PERIOD OF ORDERED TRAINING DUTY.

BY ORDER NO. 4458, DATED JANUARY 20, 1967, YOUR SON WAS DIRECTED TO REPORT TO NAVAL RESERVE TRAINING CENTER, MANCHESTER, NEW HAMPSHIRE, AND IF FOUND PHYSICALLY QUALIFIED HE WAS TO PROCEED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR NOT TO EXCEED 28 DAYS. HE WAS TO REPORT ON FEBRUARY 5, 1967, TO RECRUIT TRAINING COMMAND, GREAT LAKES, ILLINOIS, FOR RECRUIT TRAINING. UPON COMPLETION OF SUCH RECRUIT TRAINING HE WAS TO REPORT TO THE COMMANDING OFFICER, USS DARBY, ON FEBRUARY 18, 1967, FOR THE REMAINDER OF ACTIVE DUTY FOR TRAINING AFLOAT AND THEN RETURN TO THE PLACE TO WHICH THE ORDERS WERE ADDRESSED. THE RECORDS SHOW THAT HE WAS PAID ALL PAY AND ALLOWANCES DUE FOR THE PERIOD FROM FEBRUARY 5, 1967, THROUGH MARCH 4, 1967.

IT IS SHOWN THAT YOUR SON REPORTED FOR ACTIVE DUTY FOR TRAINING ON FEBRUARY 5, 1967. HE WAS PLACED UNDER MEDICAL CARE 10 DAYS LATER AND SUBSEQUENTLY, ON MARCH 9, 1967, A BOARD OF MEDICAL OFFICERS RECOMMENDED THAT HE APPEAR BEFORE A PHYSICAL EVALUATION BOARD FOR THE PURPOSE OF EVALUATING HIS PHYSICAL FITNESS TO PERFORM THE DUTIES OF HIS RATING. AFTER LENGTHY PROCEEDINGS HE WAS FOUND TO BE UNFIT FOR DUTY WITH A DIAGNOSIS OF AN ACUTE, SERVERE PSYCHOTIC REACTION IN FULL REMISSION AND ON OCTOBER 9, 1968, FINAL ACTION WAS TAKEN FOR THE SECRETARY OF THE NAVY TO DISCHARGE HIM FROM THE NAVAL SERVICE FOR PHYSICAL DISABILITY DETERMINED TO BE THE RESULT OF DISEASE.

YOU HAVE MADE CLAIM ON BEHALF OF YOUR SON FOR ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD HE WAS UNDERGOING MEDICAL TREATMENT AND EVALUATION BY THE NAVY AND YOU BASE YOUR CLAIM ON THE PREMISE THAT YOUR SON'S DISABILITY WAS "DUE TO INJURY AS WELL AS DISEASE INCURRED WHILE IN SERVICE.' FOR THAT REASON YOU HAVE REQUESTED THAT THE WHOLE CASE BE REVIEWED AND A HEARING GRANTED.

IT IS PROVIDED IN 37 U.S.C. 204 (I) THAT A MEMBER OF THE NAVAL RESERVE IS ENTITLED TO THE PAY AND ALLOWANCES PROVIDED BY LAW OR REGULATION FOR A MEMBER OF THE REGULAR NAVY OF CORRESPONDING GRADE AND LENGTH OF SERVICE WHENEVER HE IS CALLED OR ORDERED TO ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS AND IS DISABLED IN LINE OF DUTY FROM DISEASE WHILE SO EMPLOYED. ALSO, IT IS PROVIDED IN 10 U.S.C. 6148 (B) THAT A MEMBER OF THE NAVAL RESERVE WHO IS ORDERED TO ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS AND IS DISABLED IN LINE OF DUTY FROM DISEASE WHILE SO EMPLOYED IS ENTITLED TO THE SAME PENSION, COMPENSATION, DEATH GRATUITY AND HOSPITAL BENEFITS AS ARE PROVIDED BY LAW OR REGULATION IN THE CASE OF A MEMBER OF THE REGULAR NAVY OF THE SAME GRADE AND LENGTH OF SERVICE.

SUBSECTION (D) OF 10 U.S.C. 6148 PROVIDES IN PART AS FOLLOWS:

"A MEMBER OF THE NAVAL RESERVE OR THE MARINE CORPS RESERVE WHO, IN TIME OF PEACE, BECOMES ILL OR CONTRACTS DISEASE IN LINE OF DUTY WHILE HE IS ON ACTIVE DUTY OR PERFORMING INACTIVE-DUTY TRAINING IS ENTITLED TO RECEIVE AT GOVERNMENT EXPENSE MEDICAL, HOSPITAL, AND OTHER TREATMENT APPROPRIATE FOR THAT ILLNESS OR DISEASE. THE TREATMENT SHALL BE CONTINUED UNTIL THE DISABILITY RESULTING FROM THE ILLNESS OR DISEASE CANNOT BE MATERIALLY IMPROVED BY FURTHER TREATMENT. SUCH A MEMBER IS ALSO ENTITLED TO NECESSARY TRANSPORTATION AND SUBSISTENCE INCIDENT TO TREATMENT AND RETURN TO HIS HOME UPON DISCHARGE FROM TREATMENT * * *.'

PARAGRAPH 044705-5C OF THE NAVY COMPTROLLER MANUAL PROVIDES THAT A MEMBER OF THE NAVAL OR MARINE CORPS RESERVE "WHO, PRIOR TO THE EXPIRATION OF THE PERIOD OF TRAINING DUTY, IS HOSPITALIZED FOR A PERIOD WHICH EXTENDS BEYOND THE DATE OF EXPIRATION OF TRAINING DUTY SPECIFIED IN THE ORDERS," IS NOT ENTITLED TO PAY AND ALLOWANCES BEYOND THE SPECIFIED DATE PLUS TIME REQUIRED TO TRAVEL FROM PLACE OF DETACHMENT FROM TRAINING DUTY TO THE PLACE FROM WHICH ORDERED TO TRAINING DUTY,"UNLESS SUCH MEMBER IS ENTITLED TO THE BENEFITS OF 10 U.S.C. 6148/37 U.S.C. 204 (I).' PARAGRAPH 044731-3B OF THE SAME MANUAL PROVIDES THAT WHEN DISABILITY IS CAUSED BY DISEASE OR ILLNESS AS OPPOSED TO INJURY, A MEMBER OF THE NAVAL OR MARINE CORPS RESERVE SERVING ON ACTIVE OR TRAINING DUTY FOR 30 DAYS OR LESS IS NOT ENTITLED TO PAY AND ALLOWANCES BEYOND THE DATE AUTHORIZED BY HIS ORDERS. HOWEVER, SUCH A MEMBER WOULD BE ENTITLED TO RECEIVE APPROPRIATE MEDICAL TREATMENT AT GOVERNMENT EXPENSE AND THE NECESSARY TRANSPORTATION AND SUBSISTENCE INCIDENT TO TREATMENT AND RETURN HOME AFTER TREATMENT.

UNDER THE FOREGOING PROVISIONS OF LAW AND REGULATIONS, UNLESS DISABILITY RESULTS FROM INJURY, PAY AND ALLOWANCES ARE NOT AUTHORIZED BEYOND THE DATE AUTHORIZED BY THE MEMBER'S ORDERS DIRECTING HIM TO REPORT FOR ACTIVE DUTY FOR 30 DAYS OR LESS. YOUR SON WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR ONLY 28 DAYS AND THE DEPARTMENT OF THE NAVY, AFTER FULL CONSIDERATION OF HIS CASE, HAS DETERMINED THAT HIS DISABILITY WAS THE RESULT OF DISEASE WHICH DID NOT INVOLVE ANY PHYSICAL INJURY. ORDINARILY, WE DO NOT QUESTION THE FINDINGS OF A PHYSICAL EVALUATION BOARD AND IT HAS LONG BEEN THE PRACTICE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO ACCEPT THE ADMINISTRATIVE REPORT OF THE FACTS AS AGAINST THE UNSUPPORTED STATEMENTS OF THE CLAIMANT TO THE CONTRARY. YOU HAVE NOT DESCRIBED ANY PHYSICAL INJURY SUFFERED BY YOUR SON WHILE HE WAS ON ACTIVE DUTY, NOR HAVE YOU EXPLAINED HOW AN INJURY OF THIS TYPE COULD HAVE RESULTED IN HIS DISCHARGE FOR REASONS RELATING TO A PSYCHOTIC REACTION. ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF THIS CLAIM AND THE ACTION OF OUR CLAIMS DIVISION IS SUSTAINED.

WITH REGARD TO YOUR REQUEST THAT A HEARING BE GRANTED, WE MUST ADVISE YOU THAT MATTERS REFERRED TO THIS OFFICE ARE CONSIDERED ON THE BASIS OF THE WRITTEN RECORD. WE HAVE NO FACILITIES FOR THE TAKING OF ORAL TESTIMONY AND IT WOULD SEEM THAT A PERSONAL INTERVIEW IN THIS CASE WOULD SERVE NO USEFUL PURPOSE. HOWEVER, IF YOU HAVE ANY INFORMATION WHICH YOU WISH TO SUBMIT IN PERSON, OUR OFFICE, LOCATED AT 441 G STREET N.W., WASHINGTON, D.C., IS OPEN FOR BUSINESS FROM 8:15 A.M. TO 4:45 P.M., FROM MONDAY THROUGH FRIDAY.

GAO Contacts

Office of Public Affairs