New-York tribune., 1920-01-20
Disabled Reserve Officers
Plan Mandamus Action
for Same Retirement Pay
as Regulars Are Given
Bill Pending in Congress
Many Cases of Injustice
Against Men Who Fought
in War Found inHospitals
Nrw York Tribune
WASHINGTON Bureap
Rv Theodore M. Knappen

BY theodore Nl' NnaPPen
WASHINGTON. Jan. 19-Disabled
,.serve officers, acting under the aus
niees Of the Legislative Committee of
n. American Legion, will meet here
Wednesday to consider mandamus pro-
..sd;ngs against Secretary of War
psser to compel him to treat reserve
officers he same as provisional and
armament regular officers in respect
IA disability retirement. The subject
has been before the War Department
for nearly eight months, but the De
nartment has consistently maintained
Tho nosition that disabled reserve Off
csrs can not be carried indefinitely on
he army rolls and that when dis
charged for disability, they are not en-
titled to retired pay, as are regular
officers under the same conditions.
II is the contention of the Legion
that under the act of Congress Of May
IL. 1917, providing for the war army
v.serye officers discharged for disabil-
ity are entitled to the same pay as
yerular officers so RETIRED that is, on
three-fourths pay. Secretary Baker
holds otherwise, however, and bill
has been before Congress for some
months specifically providing that any
officer not belonging to the regular
army, who served in the late war and
incurred disabilities, shall receive the
same compensation as a regular army
officer of his rank on being retired for
disability.
Court Relief Sought
Recent rulings of the Surgeon Gem
eral, however, by tending to throw out
of the service all officers and soldiers
ander medical or surgical care on or
about February l, have brought the
matter to a crisis. Pending the action
Of Congress it is hoped to get relief
from the courts.
1t is estimated that about 5000 Off
i. GERS who are disabled have left or will
leave the army hospitals about Feb
ruary l. Many Of these are consump-
ives. Since Circular Letter No. 345
was issued by the Surgeon General, di
recting that after one years hospital
treatment all soldiers and officers. eX-
ceBt those requiring multiple opera
tions or special surgical treatment, or
suffering from mental disease. shall be
discharged, and its amendments and in
terpretations We're issued, Congress has
in creased the compensation for disabil
- resulting from service during the
war, so the officers who will be turned
= will not be in such bad case as they
would have been otherwise. But they
S,.ll suffer greatly as compared with
regular army officers, as compensation
has no relation IN rank, but is the
same for officers and privates.
Makes S1OO Difference
For example, first lieutenant, if a
regular, on being retired for disability
would receive about $3.50 month,
whereas if reserve officer he would get
$50 month compensation for full tenn
porary disability, and might get only $40
or $50 a month for a partial disability
that would result in the retirement Of
e regular officer at hree-fourths pay.
During the war many officers were
given provisiona! commissions in the
regular army. Such men now receive
the same treatment as full regular Of
ficers, but the reserve officer receives
no recognition whatever as an officer
either in respect to retired pay or com
pensation by the War Risk Bureau.
Some appalling cases of inequity
have thus arisen. A provisional first
lieutenant was retired on three fourths
pay after twelve months service. In the
same hospital was reserve officer who
wa -commis soned officer in the
re ular army al Ile outbreak of the
war and was the ! missioned as a
reserve first lieutenant. The latter
tho Ugh suffering from an unarrested
cas- Of pulmr ery tuberculosis, has
no been disc. :god from the army
- turned out Of the hospital. The
n ,ital authorities said that he was
enough 20 be discharged, but the
en- sting officers ruled tha- he was not
we enough to reenl St This man is
& Professional soldier, but he cannot
ret ri 70 the army and get the benefit
O. IS twenty years service on his re-
tire nent record as an enlisted man,
nor can he be retired on three fourths
Pc as a lieutenant
rule the reserve officers were
Nle men than the prvates and many
o. them had families and heavy re-
sp sibilities. 1t is argued. therefore,
ina # disabled they are entitled to
no than private soldiers compen-
So N, esDcciallv as regular army
ofrfcr is 50 treated.