August 26; he became ill at Las Cruces, N. Mex., at about 5:30 p. m. that date; continued on his way home and arrived at his home in Tucson, Ariz., at about 1:30 a. m. August 27, 1938. In the afternoon of August 27, 1938, he was admitted to the Desert Sanatorium, Tucson, Ariz., and an appendectomy performed at 8 p. m. August 27, 1938. A board of officers appointed to meet in his case to investigate and make recommendation in the matter of the sickness of Major Hearon, which necessitated his hospitalization in Tucson, Ariz., submitted the following recommendations: "That the disease and hospitalization of Major Hearon from August 27 to October 1, 1938, be considered in the line of duty while on active duty not the result of his own misconduct." Subsequently, claims aggregating $322.51 were submitted to the General Accounting Office by the Desert Sanatorium covering civilian hospital and medical treatment rendered to Major Hearon from August 27 to October 1, 1938. These claims were disallowed for the reason that Army hospital and medical facilities were reasonably available for this officer and that payment of civilian hospital and medical expenses, procured by the officer himself, were not authorized from public funds. In this connection the Secretary of War makes the following statement: "While Major Hearon when taken sick en route to his home could have returned to Fort Bliss, where hospital facilities were available, the fact that he had been released from that hospital 4 days before, after 2 days' treatment for an ailment diagnosed as intestinal indigestion, may have had a bearing on his decision to continue on his way home without apprehension as to his physical condition. From a review of the clinical record and in the light of subsequent events, it appears that the intestinal indigestion may have been an unrecognized early manifestation of the appendicitis which became apparent after his departure from Fort Bliss and which necessitated appendectomy after his return to Tucson. As a Reserve officer at home though not yet having reverted to an inactive status, it apparently was an acute emergency which necessitated his procuring civilian hospital services upon his own initiative. Moreover, the board of officers which met in his case considered the disease was incurred in line of duty while on active duty. This finding was reviewed in the War Department and approved January 12, 1939." In view of all the circumstances your committee recommend the passage of the bill. The following communications are appended hereto and made a part of this report. Hon. EDWARD R. BURKE, WAR DEPARTMENT, Washington, May 21, 1940. Chairman, Committee on Claims, United States Senate. DEAR SENATOR BURKE: In response to your letter of April 8, 1940, the following report is submitted on S. 3710 (76th Cong. 3d sess.), a bill for the relief of Maj. James H. Hearon, Cavalry Reserve. Existing law applicable to this subject is found in the act of June 15, 1936 (49 Stat. 1507), which reads in pertinent part as follows: * * * * "That * * * members of the Officers' Reserve Corps and of the Enlisted Reserve Corps of the Army who suffer injury or contract disease in line of duty while on active duty under 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 * * The records show that Maj. James H. Hearon, Cavalry Reserve, was ordered to active duty at Fort Bliss, Tex., effective August 15, 1938, to be relieved so as to permit him to arrive at his home on August 28, 1938, on which date he would revert to inactive status. While on this active duty he was sick in William Beaumont General Hospital, El Paso, Tex., from August 20 to 22, 1938. (Diagnosis: Intestinal indigestion, in line of duty.) It appears that upon completion of maneuvers August 26, duties were suspended and it was announced that after receiving their pay, Reserve officers could leave for their homes if they so desired. Major Hearon departed from Fort Bliss, Tex., at about 4:30 p. m.; August 26; he became ill at Las Cruces, N. Mex., at about 5:30 p. m. that date; continued on his way home and arrived at his home in Tucson, Ariz., at about 1:30 a. m., August 27, 1938. In the afternoon of August 27, 1938, he was admitted to the Desert Sanatorium, Tuscon, Ariz., and an appendectomy performed at 8 p. m., August 27, 1938. A board of officers appointed to meet in his case to investigate and make recommendation in the matter of the sickness of Major Hearon, which necessitated his hospitalization, in Tucson, Ariz., found as follows under date of December 19, 1938: "Findings: That the first manifestation of the disease was at about 5:30 p. m., August 26, 1938, at Las Cruces, N. Mex., while Major Hearon was proceeding to his home in Tucson, Ariz., while on an active-duty status (Exhibits B, C, D, and E considered). "That Major Hearon departed from Fort Bliss, Tex., at about 4:30 p. m. August 26, 1938, and proceeded to his home in Tucson, Ariz. (Exhibit A considered.) "That the disease was first manifested at about 5:30 p. m., August 26, 1938, at Las Cruces, N. Mex., while Major Hearon was proceeding to his home in Tucson, Ariz., and the disease was contracted in the line of duty while on active duty. "Recommendations: That the disease and hospitalization of Major Hearon from August 27, 1938, to October 1, 1938, be considered in the line of duty while on active duty not the result of his own misconduct." Major Hearon has stated that he has received the funds requested in the amounts shown below for pay and allowances during the period August 29, 1938, to October 1, 1938, during which time he was hospitalized at the Desert Sanatorium, Tucson, Ariz.: Inquiries were made as to the status of bills for doctors, hospital, etc., and requesting advice as to expediting payment of these bills. On June 9, 1939, the Surgeon General of the Army by endorsement to the Chief of Finance briefly enumerated the circumstances and the recommendations of the board of officers, but invited attention that "in view of the fact that Major Hearon was operated on after his return home, it is considered that these papers should go to the General Accounting Office for settlement. The charges are considered reasonable. The accounts, if found payable, would be chargeable to funds for the Organized Reserves." The Under date of December 7, 1939, the General Accounting Office, Claims Division, Washington, D. C., in a communication to the Desert Sanatorium, Tucson, Ariz., certified that no balance was found due from the United States. argument upon which this decision was based was that the records show that within an hour after Major Hearon departed from his duty station he became ill at Las Cruces, N. Mex., which is about 45 miles from his duty station, and that instead of returning to El Paso, Tex.. where adequate Government hospital and medical facilities were available, which fact was known to the officer, he continued the journey to his home, a further distance of approximately 340 miles, and upon his own initiative procured civilian hospital services. There was no authority for the officer to obligate the Government to pay for civilian hospital services procured on his own initiative. While Major Hearon when taken sick en route to his home could have returned to Fort Bliss, where hospital facilities were available, the fact that he had been released from that hospital 4 days before, after 2 days' treatment for an ailment diagnosed as intestinal indigestion, may have had a bearing on his decision to continue on his way home without apprehension as to his physical condition. From a review of the clinical record and in the light of subsequent events, it appears that the intestinal indigestion may have been an unrecognized early manifestation of the appendicitis, which became apparent after his departure from Fort Bliss and which necessitated appendectomy after his return to Tucson. As a Reserve officer at home though not yet having reverted to an inactive status, it apparently was an acute emergency, which necessitated his procuring civilian hospital services upon his own initiative. Moreover, the board of officers which met in his case considered that the disease was incurred in line of duty while on active duty. This finding was reviewed in the War Department and approved January 12, 1939. In view of all the circumstances in this case the War Department will interpose no objection to the enactment of this measure. Sincerely yours, HARRY H. Woodring, Secretary of War. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. EDWARD R. BURKE, Chairman, Committee on Claims, United States Senate. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of April 8, 1940, the receipt of which was acknowledged April 9, enclosing copies of S. 3710 (76th Cong., 3d sess.), entitled "A bill for the relief of James H. Hearon," and requesting a report thereon, together with an opinion as to its merits. The bill provides: "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to James H. Hearon the sum of $322.51 in full settlement of all claims arising out of his civilian hospital and medical treatment from August 27 to October 1, 1938, which treatment resulted from a disability incurred while Hearon was in an activeduty status with headquarters, One Hundred and Fifty-sixth Cavalry Brigade San Antonio, Tex." Paragraph 1, Special Orders No. 96, headquarters, One Hundred and Fifty-sixth Cavalry Brigade, San Antonio, Tex., dated July 21, 1938, ordering Major Hearon to 14 days' duty as a Reserve officer, is as follows: "1. By direction of the President, each of the following-named Reserve officers is, with his consent, orderd to active duty effective August 15, 1938, upon which date he will proceed to Fort Bliss, Tex., reporting upon arrival thereat to the commanding general for duty as umpire in connection with the Third Army maneuvers. Each officer will rank from the date indicated after his name: "Hearon, James Hamilton, Maj. (asst. to Brown Inf. Off.) Cav-Res. O-193713 (8-15-38), 312th Cavalry. 55 East Pennington, Tucson, Ariz. "Unless sooner relieved, each officer will be relieved so as to permit him to arrive at his home on August 28, 1938, on which date he will revert to inactive status. The travel directed is necessary in the military service. FD 1008 P 1-0121 and 0621 A 1505-9." The records of this office show that pursuant to these orders Major Hearon reported for duty at Fort Bliss on August 15, 1938; that during the afternoon of August 20, 1938, he became ill and was admitted to William Beaumont General Hospital, El Paso, Tex., where he remained under observation until the afternoon of August 22, 1938, when he returned to duty at umpire headquarters, Dona Ana Target Range, N. Mex. While this officer in connection with his claim stated he was "under observation for appendicitis," the hospital records show his illness to have been diagnosed as intestinal indigestion. The Third Army maneuvers, in connection with which he was ordered to active duty, were completed on August 25, 1938. After a meeting on the morning of the 26th, attended by all officers participating in the maneuvers, the Reserve officers, after being paid, were permitted, if they so desired, to leave for their homes. Major Hearon left at about 4:30 p. m., traveling in his own automobile, accompanied by three other officers, one of whom he asked to drive his car. At about 5:30 p. m. he became ill at Las Cruces, N. Mex., suffering from abdominal pains. Instead of returning 45 miles to William Beaumont General Hospital, where Army medical facilities were available for his treatment, he continued for a distance of 341 miles to his home where he arrived at 1:30 a. m., August 27, 1938. He then called his private physician and was admitted to the Desert Sanatorium and was operated on for acute appendicitis that same day. Claims aggregating the sum of $322.51 were sub mitted to this office by the Desert Sanatorium in the amount of $87.36, Dr. Victor M. Gore in the amount of $207.15, Dr. J. B. Van Horn in the amount of $20, and Drs. Farris, Hayden, and Lindberg in the amount of $8, covering civilian hospital and medical treatment rendered to Major Hearon at Tuscon, Ariz., from August 27 to October 1, 1938. These claims were disallowed for the reason Army hospital and medical facilities were reasonably available for this officer and that payment of civilian hospital and medical expenses, procured by the officer himself, were not authorized from public funds. At Major Hearon's request the settlement of the claims was reviewed and a copy of letter to him of March 20, 1940, is enclosed. Major Hearon claimed that under existing laws and Army regulations he was entitled to the civilian hospital and medical treatment arranged for by himself at his home. The act of June 15, 1936 (49 Stat. 1507, 1508), provides: "That who * * * members of the Officers' Reserve Corps * 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, Army Regulations 35-3420, paragraphs 2e (11) and 2e (12), promulgated under the above statute, September 23, 1937, provide: "(11) When treatment in Army hospitals or by military personnel is not available, civilian medical and hospital service may be employed as outlined in paragraph 3a, AR 40-505, subject to restrictions in paragraph 36, AR 40-505, respecting employment of specialists and consultants ** "(12) Except in emergency, authority of the corps-area commander will be secured before any Government funds are obligated for medical care under the provisions of the act referred to in (10) above [act of June 15, 1936]. When in emergency medical care has been secured without authority, immediate report of the facts and circumstances connected therewith will be forwarded to the corps-area commander." Army Regulations 40-505, entitled "Medical Attendance-General Provisions" provide: "2. For whom authorized: Under the conditions indicated therein the Army will, usually through its own facilities, provide medical attendance to the personnel enumerated in a, b, and c, below. "a. General.-Any person admitted to an Army hospital under the provisions of AR 40-590, 40-605, or 40-610, while undergoing treatment in such hospital. "b. Military. * * * ** "(4) Members of the Officers' Reserve Corps Under the cited law and regulations a member of the Officers' Reserve Corps on active duty is required to avail himself of the medical attendance provided by Army facilities if they reasonably can be had. Major Hearon had been hospitalized for abdominal pains during his tour of active duty for which he had been transferred to the Army hospital for observation and treatment. The fact he asked another officer to drive his automobile may indicate he was not well when he left Fort Bliss. He left that station on his own initiative over a day before the time required to reach his home on the date stated in his orders. After becoming ill at Las Cruces, 1 hour's travel time would have made available to him Army medical facilities, at the station from which he had just departed. However, he continued to travel for a period of 8 hours to his home where he personally arranged for civilian medical treatment. His early departure, which removed him unofficially from immediately available Army facilities, and his failure to return to the nearer Army facilities after becoming ill clearly do not create an obligation on the Government to follow him to his home with medical treatment. Major Hearon having failed to avail himself of the Army facilities available for his care and treatment, his claim that the United States should pay for his civilian hospitalization and treatment at his home is, in the judgment of this office, without merit. Sincerely yours, R. N. ELLIOTT, Acting Comptroller General of the United States. H. Repts. 76-3, vol. 5- -20 о |