B-17737, AUGUST 16, 1941, 21 COMP. GEN. 144

B-17737, AUGUST 16, 1941, 21 COMP. GEN. 144

PAY AND TRAVEL ALLOWANCE - NATIONAL GUARDSMAN DISCHARGED FOR PHYSICAL DISABILITY A NATIONAL GUARD ENLISTED MAN, WHO WAS SICK IN HOSPITAL AT THE TIME HIS ORGANIZATION WAS INDUCTED INTO ACTIVE FEDERAL SERVICE, IS ENTITLED, UPON LATER REPORTING TO HIS UNIT PURSUANT TO ORDERS AND SUBSEQUENT DISCHARGE FOR DISABILITY, TO PAY FROM THE DATE THAT HE COMMENCED TRAVEL UNDER HIS ORDERS UNTIL THE DATE OF HIS DISCHARGE AND TO TRAVEL ALLOWANCE AS PROVIDED BY THE ACT OF SEPTEMBER 22, 1922, NOTWITHSTANDING THE DISQUALIFYING NATURE OF HIS DISABILITY WAS KNOWN BY HIS COMMANDING OFFICER PRIOR TO THE ISSUANCE OF THE ORDERS AND THAT IF PERTINENT ARMY REGULATIONS HAD BEEN FOLLOWED HE WOULD HAVE BEEN EXAMINED AT HIS HOME STATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. R. F. OLSON, U.S. ARMY, AUGUST 16, 1941:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF MAY 22, 1941, TRANSMITTING WITH ENCLOSURES, A VOUCHER STATED FOR $144 IN FAVOR OF JACK B. LEWIS, NO. 20929188 ( NG), REPRESENTING ACTIVE DUTY PAY AS A PRIVATE OF COMPANY C, 163D INFANTRY, FOR THE PERIOD FEBRUARY 4 TO MAY 13, 1941, AND TRAVEL ALLOWANCE UPON DISCHARGE FROM FORT LEWIS, WASH., TO BOZEMAN, MONT.

UNDER EXECUTIVE ORDER NO. 8530, DATED AUGUST 31, 1940, ISSUED BY VIRTUE OF THE AUTHORITY CONTAINED IN PUBLIC RESOLUTION NO. 96, APPROVED AUGUST 27, 1940, 54 STAT. 858, AND THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 166, AS AMENDED, ALL MEMBERS OF THE 163D INFANTRY, MONTANA NATIONAL GUARD, WERE ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES EFFECTIVE SEPTEMBER 16, 1940, FOR A PERIOD OF 12 CONSECUTIVE MONTHS UNLESS SOONER DISCHARGED. IT APPEARS THAT AT THE TIME OF THE INDUCTION OF THE ORGANIZATION PRIVATE JACK B. LEWIS WAS CONFINED TO BED AT THE HOME STATION OF HIS UNIT UNDERGOING TREATMENT FOR A COMPOUND FRACTURE OF HIS RIGHT LEG, WHICH WAS SUSTAINED DURING THE LATTER PART OF AUGUST 1940, AND AS A CONSEQUENCE HE WAS NOT PHYSICALLY EXAMINED BY THE MEDICAL BOARD AT HIS HOME STATION AND WAS UNABLE TO ACCOMPANY THE UNIT TO THE TRAINING CENTER. IT APPEARS FROM A FIRST INDORSEMENT OF THE REGIMENTAL COMMANDER, DATED JANUARY 6, 1941, THAT THE COMPANY COMMANDER WAS INFORMED BY THE CIVILIAN PHYSICIAN WHO ATTENDED THE SOLDIER THAT IT WOULD BE A MATTER OF SEVERAL MONTHS BEFORE THE INJURY WOULD BE SUFFICIENTLY HEALED; "THAT THE SOLDIER WAS NOT QUALIFIED TO UNDERGO A PHYSICAL EXAMINATION AT THIS TIME; " THAT THE SOLDIER WAS INTERVIEWED AT BOZEMAN, MONT., ON OR ABOUT DECEMBER 30, 1940, BY HIS COMPANY COMMANDER AND IT WAS FOUND THAT HE STILL HAD A VERY PRONOUNCED LIMP AND WAS THEN RECEIVING TREATMENT FROM A CIVILIAN PHYSICIAN. ACCORDING TO THAT INDORSEMENT THE COMPANY COMMANDER EXPRESSED THE BELIEF THAT THE SOLDIER SHOULD BE DISCHARGED ON ACCOUNT OF PHYSICAL DISABILITY.

IT SEEMS THAT IF PERTINENT ARMY REGULATIONS HAD BEEN FOLLOWED, THE ENLISTED MAN WOULD HAVE BEEN EXAMINED AT HIS HOME STATION BY A MEDICAL EXAMINING BOARD AND DETERMINATION THEN AND THERE MADE AS TO WHETHER OR NOT HE WAS QUALIFIED FOR ACTIVE MILITARY SERVICE AND IF FOUND IN THE NEGATIVE A DISCHARGE ISSUED FOR PHYSICAL DISABILITY AS PROVIDED IN ARMY REGULATIONS 130-10, PARAGRAPH 62.

NOTWITHSTANDING THE APPARENT INABILITY OF THE NATIONAL GUARD ENLISTED MAN TO QUALIFY FOR EXTENDED ACTIVE DUTY, AN ORDER WAS ISSUED JANUARY 27, 1941 (PAR. 16, SPECIAL ORDERS 22, HEADQUARTERS, 41ST DIVISION, CAMP MURRAY, WASH.) AS FOLLOWS:

16. PURSUANT TO GO. NO. 5 THIS HEADQUARTERS, SEPTEMBER 16, 1940, PRIVATE JACK B. LEWIS, 20929188, COMPANY "C," 163D INFANTRY, ABSENT, SICK IN HOSPITAL AT BOZEMAN, MONTANA, SINCE DEPARTURE OF UNIT FOR CAMP MURRAY, WASHINGTON, WILL PROCEED WITHOUT DELAY BY RAIL TO CAMP MURRAY, WASHINGTON, REPORTING UPON ARRIVAL THEREAT TO HIS COMMANDING OFFICER. THE QUARTERMASTER CORPS WILL FURNISH THE NECESSARY TRANSPORTATION. IT BEING IMPRACTICABLE FOR THE GOVERNMENT TO FURNISH COOKING FACILITIES FOR RATIONS, THE FINANCE DEPARTMENT WILL PAY THE MONETARY TRAVEL ALLOWANCES PRESCRIBED IN PARAGRAPH 2A, TABLE II, AR 35-4520, AT THE RATE OF TWO DOLLARS AND TWENTY-FIVE CENTS ($2.25) PER DAY FOR ONE (1) MAN FOR (1) DAY. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO FD 1584-P 31-0600-A-0310-01.

ON FEBRUARY 11, 1941, THE REGIMENTAL COMMANDER OF THE 163D INFANTRY, CAMP MURRAY, WASH., ADDRESSED A LETTER TO THE ADJUTANT GENERAL OF THE ARMY RECITING THE FACT THAT THE SOLDIER HAD REPORTED TO CAMP LEWIS, WASH., ON FEBRUARY 5, 1941, IN ACCORDANCE WITH PARAGRAPH 16, SPECIAL ORDERS 22; THAT ON FEBRUARY 6, 1941, THE SOLDIER WAS FOUND PHYSICALLY DISQUALIFIED (AS INDICATED ON W.D.A.G.O. FORM 135), AND REQUESTED THAT APPROPRIATE ORDERS BE ISSUED BY HIGHER HEADQUARTERS FOR THE DISCHARGE OF THIS SOLDIER, AUTHORIZING NECESSARY TRANSPORTATION TO SOLDIER'S HOME STATION, BOZEMAN, MONT. ON THE SAME DAY, FEBRUARY 11, 1941, THE COMMANDING GENERAL, 41ST DIVISION, REQUESTED THAT APPROPRIATE ORDERS BE ISSUED BY THE COMMANDING GENERAL, 9TH CORPS AREA, FOR THE DISCHARGE OF THE SOLDIER, BUT THAT PENDING THE ISSUANCE OF THE NECESSARY ORDERS THE SOLDIER WOULD REMAIN WITH HIS UNIT.

PARAGRAPH 1 OF SPECIAL ORDERS 93, HEADQUARTERS 163D INFANTRY, PORT LEWIS, WASH., MAY 13, 1941, PROVIDED:

UNDER THE PROVISIONS OF PARAGRAPH 62, AR 130-10, AND BY DIRECTION OF THE PRESIDENT, JACK B. LEWIS, 20929188, COMPANY "C," 163D INFANTRY ( RIFLE), IS THIS DATE DISCHARGED FROM THE ARMY OF THE UNITED STATES BY REASON OF PHYSICAL DISABILITY AS DETERMINED BY THE PHYSICAL EXAMINATION BOARD AT CAMP MURRAY, WASHINGTON, ON FEBRUARY 6, 1941.

THE FORMER ENLISTED MAN IS ENTITLED TO PAY FROM THE DATE THAT HE COMMENCED TRAVEL UNDER THE REQUIREMENT OF PARAGRAPH 16 OF SPECIAL ORDERS 22 UNTIL DATE OF DISCHARGE, MAY 13, 1941. HE IS ENTITLED, ALSO, UPON DISCHARGE TO TRAVEL ALLOWANCE AS PROVIDED IN THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1021.

YOU ARE AUTHORIZED TO PAY THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT.