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B-185887 1 (1976-10-15)

handle is hein.gao/gaobadsvk0001 and id is 1 raw text is: DloEST - 1-- YlWA/ DECISION FILE: B-185887 MATTER OF: THE COMPTROLLER GENERAL OF THE UNITEO BTATES WASHINGTON, O.C. 2054S DATE: OCT 1 1t7S Ale, USA DIGEST: Air Force member is not entitled to reibursement for expense of elective surgery he had in civilian hospital without Air Force approval, when ado- quate military medical service was available, notwithstanding fact he may have been erroneously informed that he could have surgery it civilian facility nd be reimbursed by the Air Forae. Also, such claim does not contain such elements of legal liability or equity as would warrant submission to Congress under the bHeritorious Claims Act of 1928, 31 U.S.C. 236. This action is in resoonse to the claim of.AIC i USAY, for reimbursement of expenses he incurred for an operation performed upon him by a civilian doctor in a civilian hospital in Altus, Oklahoma, during July 13-15, 1975, The claim was forwarded to this Office by letter dated February 3, 1976, from Lieutenant Colonel Wayne E. Robinson, USAY, Staff Judge Advocate, Readqurters United States Air Force, for consideration under th provisions of the Meritorious ClaimA Act of 1928, 31 U.S.C. 236t/(1970). The submission indicates that Airman in June 1975 attempted to make arrangements for an operation at the Air Force Hospital in Altus, Oklahoma, but the doctor Aw normally per- formed the operation in question was away until August. The surgery involved was elective and not related to the mebor's Imediate health. Re indicates that since he did not wish to wait until August for the operation, he'called the registrar's office at the base hospital to see if he could have the surgery performed off base under the Civilian Health and Medical Program of the Uni- formed Services (CHAHVUS). He indicates that he was informed that he could have the operation performed under* that program. He also indicates that he called back (presumably a few days later) to inquire about obtaining necessary forms and wos advised that ailitary neors are not. eligible totreeeive CHAMPUS, but that the base hospital business office might be able to help him. djb ram 549

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