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of the enlisted man with the local naval recruiting station, and the medical officer of the station immediately attempted to have Wayman admitted to the hospital of the nearby Army post at Fort Leavenworth.

As above stated, Wayman was on leave of absence and, under existing law and regulations, expenses incurred for civilian medical and hospital treatment could not be defrayed by the Navy Department. However, it appears that every reasonable effort was made to get him into a Federal hospital by the boy's father and the recruiting and medical officers at Kansas City, supported by a dispatch from Wayman's commanding officer to the effect that his leave was canceled and that he was placed in a duty status; also by dispatch from the Navy Department authorizing his admission to the Army hospital, as well as a similar dispatch from the Surgeon General of the Army to the same effect.

Wayman was suffering from a peculiarly contagious disease (poliomyelitis) which necessitated his continuous hospitalization while in the Navy from the date he was taken ill (July 21, 1937) to the date of his discharge by medical survey on January 24, 1939, after which he was and still is hospitalized as a patient of the Veterans' Administration. Presumably he will be permanently and totally incapacitated.

The services referred to in the bill H. R. 3964 consisted of professional and hospital treatment as follows: Research Hospital..

$90. 75 Dr. Carl R. Ferris..

100. 00 Dr. C. L. Francisco.

10. 00 H. S. Wayman (reimbursement for money expenses for nursing services) -- 147. 00

Total.com

347. 75 Claims covering the above-mentioned items were submitted to the General Accounting Office and in reply that Office under date of March 22, 1938, stated in each case as follows:

“Enlisted men of the Navy are not entitled to civilian medical and hospital treatment while on leave of absence. Government medical and hospital treatment was available for this man at his duty station and having placed himself beyond the reach of that service, there is no authority whereby reimbursement may be made from public funds as claimed.

“I therefore certify that no balance is found due you from the United States."

The bill H. R. 3964, if enacted into law, would cost the Government $348.05. It would appear, however, that the total of the items referred to is $347.75. It is recommended therefore that the bill be amended in line 6 by deleting the figures “$348.05” and substituting “$347.75.”

In view of the circumstances above set forth the Navy Department recommends enactment of the bill H. R. 3964, if amended as above suggested. Sincerely yours,

William D. LEAHY, Acting.

KANSAS City, Mo., March 29, 1938. To Donald S. Wayman, in account with Research Hospital: 8 days, at $6, room (July 21 to July 29, 1937).

$48. 00 Laboratory

5. 00 Drugs.

8. 50 Special nurse's board.

18. 75 Dressing-room service.

10. 00 Felegrams, telephones

: 30 Extras (paper towels)

. 50

Total.
Mar. 29, 1938, cash.

91. 05 01. 05

90. 75

Kansas City, Mo., March 31, 1938. Mr. H. S. WAYMAN,

Oak Grove, Mo. To professional services rendered Donald Wayman: Consultation with Dr. Ferris and application of plaster casts, $10. Received payment March 31, 1938.

C. L. FRANCISCO, M. D.

MARCH 31, 1938. Mr. H. S. Wayman, Oak Grove, Mo., in account with Drs. Knappenberger and

Ferris: Hospital treatment-services rendered Mr. Don Wayman, from July 21 to 29, 1937, $100. Paid March 31, 1938.

Dr. C. R. FERRIS.

LEAVE ORDERS OF D. 8. WAYMAN, VS SQUADRON 4-B

JUNE 30, 1937. To D. S. WAYMAN, AMM3c, United States Navy:

You are hereby granted 30 days leave of absence commencing 0800 (Friday) July 2, 1937, and expring at 0800 (Sunday) August 1, 1937.

Make due allowance for irregular schedule of railroads. Keep in communication with your telegraphic address. Report aboard this vessel wherever it may be. Notify the commanding officer of this vessel of any change of address.

This ship will probably be at NAS, FAD, San Diego, Calif.

If you are taken sick or injured you will immediately report all the circumstances directly to the nearest naval hospital or naval medical officer. If neither of the above is available, the disease or injury should be reported immediately to the Bureau of Medicine and Surgery, Navy Department, Washington, D. C., forwarding a copy of report to the commanding officer of this ship. Mail address, Oak Grove, Mo., care of Donald Wayman.

R. W. D. Woods, Lieutenant, United States Navy, Executive Officer.

OAK GROVE, Mo., September 15, 1937. UNITED STATES NAVY DEPARTMENT,

Washington, D. C. GENTLEMEN: Enclosed find hospital bills totaling $348.05 incurred at Research Hospital, Kansas City, for the hospitalization of H. S. Wayman, A. M. M. 3c, Squadron VS-42, San Diego, Calif. The claim is being made by H. S. Wayman, father of D, S. Wayman.

I borrowed the money and paid the nurses, bills amounting to $147. The other bills have not been paid.

I feel that this is a just claim, because this civilian hospital bill was incurred entirely due to the fact that the station hospital at Fort Leavenworth, Kans., refused to admit D. S. Wayman and did not admit him until 8 days after I had notified the Navy Department at Kansas City of Donald's illness and the Navy Department had requested his admittance to Fort Leavenworth.

The station hospital at Fort Leavenworth is 30 miles from Kansas City, and both the Navy and civilian doctors said it was safe to transfer Donald so far as his condition was concerned.

I am writing this letter not in a spirit of criticism of the station hospital but rather as a statement of facts. Both the Navy Department at Kansas City and the medical department at Fort Leavenworth have been very courteous and considerate in their dealings with me. Respectfully,

H. S. WAYMAN.

SETTLEMENT CERTIFICATE

GENERAL ACCOUNTING OFFICE,

CLAIMS DIVISION,

Washington, D. C., March 22, 1938. H. S. WAYMAN

Oak Grove, Mo. Sır: Your claim No. 0725114 for reimbursement of amounts expended for nursing services during the month of July 1937 in the case of your son, Donald S. Wayman, aviation machinist's mate third class, United States Navy, has been carefully examined, and it is found that no part thereof may be allowed for the reasons hereinafter stated.

The records show that your son, while attached to the Naval Air Station, San Diego, Calif., was granted leave of absence for the period July 2 to August 1, 1937, was taken ill on July 18, 1937, and on July 21, 1937, was admitted to the Research Hospital, Kansas City, Mo., for treatment.

Enlisted men of the Navy are not entitled to civilian medical, hospital, and nursing services while on leave of absence. Such services were available for your son at his duty station and having placed himself beyond the reach of such services, there is no authority for reimbursement from public funds as claimed. I, therefore, certify that no balance is found due you from the United States. Respectfully,

R. N. ELLIOTT, Acting Comptroller General of the United States.

By J. C. DONOHOE.

OAK GROVE, Mo., April 18, 1938. COMPTROLLER GENERAL,

Washington, D. C. DEAR Sır: Received your letter of March 22 in which my claim No. 0425114 for the hospitalization expenses of my son, Donald S. Wayman, aviation machinist's mate, third class, United States Navy, was not allowed. I wish to request a review of this case. If I correctly understand your letter, my claim was refused because enlisted men on leave are not entitled to civilian hospitalization expenses. I did not intend to make my claim on those grounds. The point I tried to make was that a governmental hospital was available and that Donald was refused admission to that Government hospital for a period of 8 days thus causing a civilian hospital bill.

I do not know why Donald was refused admission to the Government hospital for 8 days and then was admitted, unless it was due to the serious contagion of infantile paralysis in its early stage. I do not criticize the commanding officer for delaying Donald's admission to the Government hospital, in fact I commend him for doing everything in his power to protect the health of the men under his charge. Unquestionably, if the disease had not been contagious Donald would have been admitted immediately. However, if the administrative department elected to keep Donald from the Government hospital for the 8 days due to the serious contagious nature of his disease, even though Donald had a legal right to the services of the Government hospital if he so applied (which he did), whether on leave or on active duty, then I feel that the Government should be legally and morally responsible for his hospitalization expenses during those 8 days. Respectfully,

H. S. Wayman, Oak Grove, Mo. P.S.—That you may better understand the case, I give you the following details on the attached copy.

DETAILS IN REFERENCE TO CLAIM NO. 0425114

As stated in your letter, the record shows that Donald was taken ill July 18, 1937, and on July 21, 1937, was admitted to Research Hospital, Kansas City, Mo., for treatment. From July 18 until July 21, we thought that Donald did not have a sickness of any consequence. Our local doctor said it was sinus trouble, and as Donald had had sinus trouble before, we thought his illness would be gone in a few days, as it had on previous occasions. On the morning of July 21, our local doctor found that Donald was becoming paralyzed in both legs and ordered Donald rushed to a hospital to confirm his diagnosis of infantile paralysis. Donald was immediately taken, in the doctor's car, to Research Hospital in Kansas City. which is 30 miles from our home.

I sent Donald to Research Hospital only for emergency treatment, until I could report to the Navy Department at Kansas City. I went to the Navy office about noon, July 21, and reported the case. Dr. McLennon, the Navy doctor, examined Donald at Research Hospital about 2 o'clock the same afternoon, July 21, and told me Donald would be sent to the Government station hospital at Fort Leavenworth, either that afternoon or the next morning, July 22. On July 22, the Government station hospital refused to admit Donald and did not admit him until July 29, which was 8 days after I had notified the Navy Department at Kansas City of his sickness, and the Navy had requested his admittance to the

Government station hospital. It was during this 8 days that the hospitalization expenses were created.

Fort Leavenworth is 30 miles from Kansas City. On July 21, doctors, both Navy and civilian, said Donald could be transferred to the Government station hospital, so far as his condition was concerned. Respectfully,

H. S. WAYMAN.

COMPTROLLER GENERAL OF THE UNITED STATES,

Washington, May 31, 1938. Mr. H. S WAYMAN,

Oak Grove, Mo. Sir: There has been received your request for review of settlement March 22, 1938, disallowing your claim for reimbursement of expenses of nursing services for your son, Donald S. Wayman, AMM3c, United States Navy, from July 21 to 28, 1937, while under treatment in the Research Hospital, Kansas City, Mo., in circumstances, as follows:

Your son was granted leave from his duty station, the Naval Air Station, San Diego, Calif., for the period July 2 to August 1, 1937, and while on leave was taken ill at his home, Oak Grove, Mo. You state that on the morning of July 21 your local doctor found that your son was becoming paralyzed in both legs, indicating he had infantile paralysis, and ordered him rushed to the hospital; that you immediately sent him to the Research Hospital, Kansas City, Mo., for emergency treatment until you could report the matter to the Navy recruiting office at Kansas City; that you did so report to the officer in charge of the Navy recruiting station about noon of that day; that Dr. McLennon, the Navy doctor attached to the recruiting station, examined your son at the hospital about 2 p. m. that day and told you that your son would be sent to the Government station hospital at Fort Leavenworth, Kans., that afternoon or the next morning. You state further that the officer in charge of the Army hospital at Fort Leavenworth, Kans., refused to promptly admit your son and did not admit him until July 29, 1937, 8 days after his admission had been requested. It was during this period of 8 days that the hospitalization expenses were incurred.

When an officer or enlisted man of the Navy goes on leave he is not entitled to be furnished civilian hospital and medical service at the expense of the United States. The fact that your son was distant from Government hospital facilities when taken ill was not due to his location in a duty status but to the position in which he placed himself for his own pleasure and convenience.

Both in the Army and the Navy it is the practice in the case of injury or illness to admit members of the particular service on leave of absence from duty to the Army or the Navy hospital (as the case may be) to which they report, and there is a reciprocal arrangement between the Army and the Navy to admit such persons in these circumstances from the other service. However, this practice gives to officers and enlisted men of either service on leave of absence no right to admission to hospitals of the other service while on leave, and, obviously, delay in admission to such hospital after application does not transfer the cost of civilian medical and hospital treatment in the meantime to the Government. Your claim was properly disallowed and on review is sustained. Respectfully,

R. N. ELLIOTT, Acting Comptroller General of the United States.

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JUNE 5 (legislative day, May 28), 1940.-Ordered to be printed

Mr. HUGHES, from the Committee on Claims, submitted the following

REPORT

(To accompany H. R. 4801)

The Committee on Claims, to whom was referred the bill (H. R. 4801) for the relief of Mary Camastro, a minor, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 1864, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

H. Rept. No. 1864, 76th Cong., 3d sess. The Committee on Claims, to whom was referred the bill (H. R. 4801) for the relief of Principio Amen, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass

The amendments are as follows:

Page 1, line 5, strike out the name “Principio Amen” and insert in lieu thereof “the legal guardian of Mary Camastro, a minor, of Corona, New York.”'

Page 1, line 6, strike out the sign and figures "$7,500” and insert in lieu thereof "$5,000”.

Page 1, line 6, between the words “of” and “claim”, insert “all”.
Page 1, line 6, add an "s" to the word "claim”.

Page 1, line 8, strike out the words "his infant daughter" and insert in lieu thereof "the said”.

At the end of the bill add: “: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.”

Amend the title of the bill to read“A bill for the relief of Mary Camastro, a minor.” The purpose of the proposed legislation is to pay to the legal guardian of Mary Camastro, a minor, of Corona, N. Y., the sum of $5,000 in full settlement of all claims against the United States on account of permanent injuries sustained

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