B-119901, JANUARY 27, 1955, 34 COMP. GEN. 348

B-119901, JANUARY 27, 1955, 34 COMP. GEN. 348

MEMBERS OF RESERVE OFFICERS' TRAINING CORPS INJURED WHILE EN ROUTE TO CAMP A MEMBER OF THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS WHO WAS INJURED AND HOSPITALIZED WHILE EN ROUTE TO A SUMMER CAMP FOR ADVANCED TRAINING IS NOT ENTITLED TO PAY AT THE SUMMER CAMP RATE FOR THE PERIOD OF HOSPITALIZATION SINCE THE ACT OF JUNE 15, 1936, PROVIDES FOR A CONTINUATION OF PAY AT THE RATE RECEIVED BY THE MEMBER AT THE TIME OF INJURY. THE SUBSISTENCE ALLOWANCE AUTHORIZED BY SECTION 47C OF THE NATIONAL DEFENSE ACT FOR MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS WHILE IN ADVANCE TRAINING STATUS MAY BE PAID TO A MEMBER FOR A PERIOD OF HOSPITALIZATION RESULTING FROM INJURIES SUSTAINED WHILE EN ROUTE TO A SUMMER CAMP FOR ADVANCE TRAINING. A MEMBER OF THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS WHO, AS THE RESULT OF INJURIES SUSTAINED WHILE EN ROUTE FROM HIS HOME TO A SUMMER CAMP FOR ADVANCE TRAINING, WAS TRANSFERRED TO A MILITARY HOSPITAL AND SUBSEQUENTLY DISCHARGED FROM THE CORPS FOR MEDICAL REASONS MAY BE PAID MILEAGE FROM HIS HOME TO THE PLACE OF THE ACCIDENT UNDER SECTIONS 47A AND 47C OF THE NATIONAL DEFENSE ACT AND ALSO MILEAGE FROM THE HOSPITAL TO HIS HOME UNDER THE AUTHORITY OF THE ACT OF JUNE 15, 1936. A MEMBER OF THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS WHO WAS DISCHARGED FOR MEDICAL REASONS PRIOR TO COMPLETION OF HIS TWO-YEAR ADVANCED TRAINING COURSE IS NOT PRECLUDED FROM RECEIVING THE SUBSISTENCE ALLOWANCE AUTHORIZED BY SECTION 47C OF THE NATIONAL DEFENSE ACT TO BE PAID MEMBERS WHILE ATTENDING ADVANCED TRAINING COURSES.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO GEORGE M. WALLHAUSER, JR., JANUARY 27, 1955:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 15, 1953, AND ENCLOSURES, TO THE DEPARTMENT OF THE AIR FORCE, WASHINGTON, D.C., AND TO YOUR COMMUNICATION OF AUGUST 9, 1954, TO THIS OFFICE REGARDING YOUR CLAIM FOR PAY AND ALLOWANCES AS A MEMBER OF THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS FOR THE PERIOD FROM JUNE 21, 1950, TO APRIL 1951.

BY SPECIAL ORDER NO. 3, DEPARTMENT OF AIR SCIENCE AND TACTICS ( DETACHMENT NO. 18, HEADQUARTERS AND HEADQUARTERS SQUADRON, NINTH AIR FORCE), UNIVERSITY OF PENNSYLVANIA, DATED JUNE 1, 1950, YOU WERE DIRECTED TO PROCEED TO THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS CAMP, LOWRY AIR FORCE BASE, DENVER, COLORADO, REPORTING ON JUNE 25, 1950, FOR THE PURPOSE OF ATTENDING THE CAMP IN " AIR COMPTROLLERSHIP" FOR A PERIOD NOT IN EXCESS OF 42 DAYS AND, UPON COMPLETION, TO RETURN TO YOUR PROPER ADDRESS.

IT APPEARS THAT ON JUNE 21, 1950, WHILE EN ROUTE TO CAMP UNDER YOUR ORDERS YOU WERE INJURED, IN LINE OF DUTY AND NOT DUE TO YOUR OWN MISCONDUCT, IN AN AUTOMOBILE ACCIDENT NEAR BEDFORD, PENNSYLVANIA, AND THAT YOU WERE HOSPITALIZED IN A CIVILIAN HOSPITAL IN BEDFORD. ON JUNE 30, 1950, YOU WERE TRANSFERRED TO THE STATION HOSPITAL, MITCHEL AIR FORCE BASE, NEW YORK, AND ON AUGUST 28, 1950, YOU WERE DISCHARGED FROM THE HOSPITAL TO DUTY. IT FURTHER APPEARS THAT YOU RETURNED TO THE UNIVERSITY OF PENNSYLVANIA AND CONTINUED YOUR TRAINING UNTIL APRIL 1951, WHEN YOU WERE DISCHARGED FROM THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS FOR MEDICAL REASONS.

A CLAIM BY YOU FOR PAY AT THE SUMMER CAMP RATE FOR THE PERIOD JUNE 21 TO AUGUST 28, 1950; REIMBURSEMENT OF SUBSISTENCE CHARGES AT THE STATION HOSPITAL, MITCHEL AIR FORCE BASE; LEAVE RATIONS FOR A 20-DAY PERIOD OF CONVALESCENT LEAVE; AND MILEAGE FROM YOUR HOME, MAPLEWOOD, NEW JERSEY, TO BEDFORD, PENNSYLVANIA, AND FROM MITCHEL AIR FORCE BASE TO YOUR HOME, WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 26, 1951. IN YOUR LETTER OF SEPTEMBER 15, 1953, YOU HAVE AMENDED YOUR CLAIM, IT APPEARING THAT YOU NOW CONTEND YOU ARE ENTITLED TO (1) PAY AT SUMMER CAMP (CADET) RATE ($75 PER MONTH) FROM JUNE 21, 1950, TO AUGUST 28, 1950, (2) ROTC SUBSISTENCE ALLOWANCE ($30 PER MONTH) FROM SEPTEMBER 1, 1950, TO APRIL 30, 1951, AND (3) MILEAGE AT 5 CENTS PER MILE FOR TRAVEL FROM MAPLEWOOD, NEW JERSEY, TO BEDFORD, PENNSYLVANIA, AND FROM MITCHEL AIR FORCE BASE, NEW YORK, TO MAPLEWOOD.

THE ACT OF JUNE 15, 1936, 49 STAT. 1507, AS AMENDED BY THE ACT OF JUNE 19, 1948, 62 STAT. 488, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM OR DURING THEIR ATTENDANCE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 13, 1916, AS AMENDED; MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY AND MEMBERS OF THE NATIONAL GUARD OF THE UNITED STATES 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, AND TO THE NECESSARY TRANSPORTATION INCIDENT TO SUCH HOSPITALIZATION AND REHOSPITALIZATION AND RETURN TO THEIR HOMES WHEN DISCHARGED FROM HOSPITAL; AND FOR ANY PERIOD OF HOSPITALIZATION OR REHOSPITALIZATION WHEN THEY ARE NOT ENTITLED TO PAY AND ALLOWANCES UNDER THE PRECEDING PROVISION, THEY SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * * MEMBERS OF THE RESERVE OFFICER'S TRAINING CORPS * * * WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM AND DURING THEIR ATTENDANCE AT CAMPS OF INSTRUCTION, UNDER THE PROVISIONS OF SECTION 27A OR 47D OF SAID NATIONAL DEFENSE ACT, AS AMENDED, SHALL, UNDER REGULATIONS PRESCRIBED AS AFORESAID, BE ENTITLED TO HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE, IN HOSPITAL AND AT THEIR HOMES, PAY AND ALLOWANCES, TRANSPORTATION, AND SUBSISTENCE AS IN THE CASE OF PERSONS HEREINBEFORE DESCRIBED. * * *

UNDER SUCH PROVISIONS, MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS WHO SUFFER INJURY IN LINE OF DUTY WHILE EN ROUTE TO A CAMP OF INSTRUCTION ARE ENTITLED (1) TO NECESSARY HOSPITALIZATION AND REHOSPITALIZATION FOR SUCH INJURY UNTIL THE DISABILITY RESULTING FROM THE INJURY CANNOT BE MATERIALLY IMPROVED BY FURTHER HOSPITALIZATION OR TREATMENT, (2) DURING THE PERIOD OF HOSPITALIZATION BUT NOT FOR MORE THAN SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF DUTY, TO THE PAY AND ALLOWANCES, WHETHER IN MONEY OR KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME THE INJURY WAS SUFFERED, (3) TO THE NECESSARY TRANSPORTATION INCIDENT TO HOSPITALIZATION OR REHOSPITALIZATION AND RETURN TO THEIR HOMES WHEN DISCHARGED FROM HOSPITAL; AND (4) TO SUBSISTENCE AT GOVERNMENT EXPENSE IF NOT ENTITLED TO PAY AND ALLOWANCES WHEN HOSPITALIZED.

AS TO THAT PORTION OF YOUR CLAIM COVERING PAY DURING THE PERIOD OF YOUR HOSPITALIZATION, PAY AT THE SUMMER CAMP (CADET) RATE WAS AUTHORIZED FOR MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ENROLLED IN THE ADVANCED COURSE, AS IN YOUR CASE, ONLY WHILE THEY WERE IN ACTUAL ATTENDANCE AT AN ADVANCED-COURSE CAMP. SEE THIRD PROVISO OF SECTION 47C, NATIONAL DEFENSE ACT, AS AMENDED, 10 U.S.C. 443. SINCE YOU WERE NOT IN ATTENDANCE AT THE SUMMER CAMP YOU DID NOT BECOME ENTITLED TO PAY AT THE SUMMER CAMP RATE. 30 COMP. GEN. 445. HENCE, YOU DID NOT BECOME ENTITLED TO A CONTINUATION OF PAY AT THAT RATE UNDER THE ACT OF JUNE 15, 1936, AS AMENDED, SINCE SUCH ACT PROVIDES FOR A CONTINUATION OF THE PAY AND ALLOWANCES THE MEMBER WAS "ENTITLED TO RECEIVE AT THE TIME * * * INJURY WAS SUFFERED OR DISEASE CONTRACTED.'

HOWEVER, THE SUBSISTENCE ALLOWANCE AUTHORIZED BY SECTION 47C, 10 U.S.C. 387, FOR ANY MEMBER OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS WHO HAS COMPLETED TWO ACADEMIC YEARS OF SERVICE IN THAT DIVISION, HAS BEEN SELECTED FOR ADVANCED TRAINING, AND HAS AGREED TO CONTINUE IN THE CORPS FOR THE REMAINDER OF HIS COURSE AT THE INSTITUTION, IS PAYABLE TO SUCH A MEMBER DURING THE REMAINDER OF HIS SERVICE IN THE CORPS (NOT EXCEEDING TWO YEARS) INCLUDING PERIODS WHILE HE IS EN ROUTE TO SUMMER CAMP BUT EXCLUDING PERIODS OF ACTUAL ATTENDANCE AT SUMMER CAMP. SEE ARMY REGULATIONS 35-3520; CHAPTER 8, SECTION 2, AMF 45-2. COMPARE 14 COMP. GEN. 471; 15 COMP. GEN. 003; 30 COMP. GEN. 445. ACCORDINGLY, YOU ARE ENTITLED TO RECEIVE SUCH SUBSISTENCE ALLOWANCE FOR THE PERIOD OF YOUR HOSPITALIZATION.

TRANSPORTATION INCIDENT TO YOUR RETURN HOME WHEN DISCHARGED FROM THE HOSPITAL IS SPECIFICALLY AUTHORIZED BY THE ACT OF JUNE 15, 1936, AS AMENDED, AND, THEREFORE, YOU ARE ENTITLED TO REIMBURSEMENT (SUBJECT TO THE USUAL LIMITATIONS) OF THE EXPENSE OF YOUR TRAVEL FROM MITCHEL AIR FORCE BASE TO MAPLEWOOD. IN VIEW OF THE SMALL AMOUNT INVOLVED AND THE CURRENT PROVISIONS IN PARAGRAPH 4203-3A, JOINT TRAVEL REGULATIONS (PERTAINING TO MEMBERS OF THE UNIFORMED SERVICES), FOR MILEAGE PAYMENTS (5 CENTS PER MILE) IN LIEU OF ACTUAL TRANSPORTATION EXPENSES, YOU WILL BE ALLOWED 5 CENTS PER MILE FOR YOUR TRAVEL FROM MITCHELL AIR FORCE BASE TO MAPLEWOOD. ALSO, SINCE THE TRAVEL FROM YOUR HOME TO THE PLACE WHERE YOU WERE INJURED APPEARS TO HAVE BEEN TRAVEL PERFORMED VIA A DIRECT AND USUAL ROUTE TO THE DESTINATION NAMED IN YOUR ORDERS ISSUED UNDER THE AUTHORITY OF SECTIONS 47A AND 47C OF THE NATIONAL DEFENSE ACT, AS AMENDED, IT REASONABLY MAY BE CONCLUDED THAT YOU ARE ENTITLED, UNDER SECTION 47A, 10 U.S.C. 441, TO MILEAGE AT 5 CENTS PER MILE FOR THE DISTANCE FROM YOUR HOME TO THE PLACE OF THE ACCIDENT. COMPARE 7 COMP. GEN. 196.

REGARDING THE BALANCE OF YOUR AMENDED CLAIM, WHILE YOU WERE DISCHARGED FROM THE AIR FORCE RESERVE OFFICERS' TRAINING CORPS PRIOR TO THE COMPLETION OF THE TWO-YEAR ADVANCED COURSE, YOUR DISCHARGE DOES NOT APPEAR TO HAVE BEEN FOR A REASON WHICH WOULD OPERATE TO DEPRIVE YOU OF THE SUBSISTENCE ALLOWANCE AUTHORIZED TO BE PAID WHILE YOU WERE ATTENDING THE ADVANCED COURSE. SEE CHAPTER 8, SECTION 2, AFM 45-2.

ACCORDINGLY, IT IS CONCLUDED THAT YOU ARE ENTITLED TO SUCH SUBSISTENCE ALLOWANCE NOT ONLY FOR THE PERIOD FROM JUNE 21, 1950, TO AUGUST 28, 1950, BUT, ALSO, FROM THE LATTER DATE TO THE DATE YOU WERE SO DISCHARGED.

A SETTLEMENT FOR THE AMOUNT DUE YOU ON THE BASIS OF THIS DECISION WILL ISSUE IN YOUR FAVOR IN DUE COURSE.