A-17342, FEBRUARY 19, 1927, 6 COMP. GEN. 543

A-17342: Feb 19, 1927

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TRAVELING EXPENSES - ARMY NURSE CORPS THE RIGHT OF MEMBERS OF THE ARMY NURSE CORPS (FEMALE) TO RECEIVE TRANSPORTATION AND NECESSARY EXPENSES WHEN TRAVELING UNDER COMPETENT ORDERS IS IN NO WAY AFFECTED BY THE PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF JUNE 3. AN APPLICATION FOR DECISION AS FOLLOWS: THE DEPARTMENT IS SOMEWHAT IN DOUBT AS TO WHAT TRAVEL ALLOWANCES ARE PROPERLY PAYABLE TO MEMBERS OF THE ARMY NURSE CORPS FOR TRAVEL PERFORMED UNDER ORDERS. THE ARMY NURSE CORPS AS SUCH WAS AUTHORIZED BY THE ACT OF JULY 9. IN SECTION 6 OF THIS ACT IT IS PROVIDED THAT MEMBERS OF SAID NURSE CORPS SHALL RECEIVE TRANSPORTATION AND NECESSARY EXPENSES WHEN TRAVELING UNDER ORDERS. LEGISLATION WAS ENACTED WHICH GAVE RELATIVE RANK TO THE MEMBERS OF THIS CORPS AND AT THE SAME TIME AUTHORIZED THE SECRETARY OF WAR TO MAKE NECESSARY REGULATIONS PRESCRIBING THE RIGHTS AND PRIVILEGES THUS CONFERRED.

A-17342, FEBRUARY 19, 1927, 6 COMP. GEN. 543

TRAVELING EXPENSES - ARMY NURSE CORPS THE RIGHT OF MEMBERS OF THE ARMY NURSE CORPS (FEMALE) TO RECEIVE TRANSPORTATION AND NECESSARY EXPENSES WHEN TRAVELING UNDER COMPETENT ORDERS IS IN NO WAY AFFECTED BY THE PROVISIONS OF THE SUBSISTENCE EXPENSE ACT OF JUNE 3, 1926, 44 STAT. 688, AS SAID ACT DOES NOT APPLY TO THE ARMY, NAVY, OR MARINE CORPS, OR TO RAILWAY POSTAL CLERKS.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 19, 1927:

THE SECRETARY OF WAR SUBMITTED FEBRUARY 4, 1927, AN APPLICATION FOR DECISION AS FOLLOWS:

THE DEPARTMENT IS SOMEWHAT IN DOUBT AS TO WHAT TRAVEL ALLOWANCES ARE PROPERLY PAYABLE TO MEMBERS OF THE ARMY NURSE CORPS FOR TRAVEL PERFORMED UNDER ORDERS.

THE ARMY NURSE CORPS AS SUCH WAS AUTHORIZED BY THE ACT OF JULY 9, 1918 (40 STAT. 879). IN SECTION 6 OF THIS ACT IT IS PROVIDED THAT MEMBERS OF SAID NURSE CORPS SHALL RECEIVE TRANSPORTATION AND NECESSARY EXPENSES WHEN TRAVELING UNDER ORDERS.

ON JUNE 4, 1920 (41 STAT. 766-767), LEGISLATION WAS ENACTED WHICH GAVE RELATIVE RANK TO THE MEMBERS OF THIS CORPS AND AT THE SAME TIME AUTHORIZED THE SECRETARY OF WAR TO MAKE NECESSARY REGULATIONS PRESCRIBING THE RIGHTS AND PRIVILEGES THUS CONFERRED.

ON JUNE 3, 1926 (PUB. 328, 69TH CONG.), THE SUBSISTENCE ACT WAS PASSED WHICH REGULATES THE SUBSISTENCE EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES WHILE ABSENT FROM THEIR DESIGNATED POST OF DUTY ON OFFICIAL BUSINESS. IT IS THIS ACT WHICH HAS GIVEN SUPPORT TO THE DOUBT NOW EXISTING; AND YOUR DECISION IS, THEREFORE, REQUESTED ON THE THREE QUESTIONS WHICH FOLLOW:

(A) DO MEMBERS OF THE ARMY NURSE CORPS FALL WITHIN THE CLASS AUTHORIZED TO RECEIVE THE RATES PRESCRIBED IN THE ACT OF JUNE 3, 1926 (PUB. 328, 69TH CONG./?

(B) IF THE MEMBERS OF THE ARMY NURSE CORPS DO NOT FALL WITHIN THE CLASS AUTHORIZED TO RECEIVE THE RATES PRESCRIBED IN THE ACT OF JUNE 3, 1926, DOES SUCH ACT REPEAL THE ACT OF APRIL 6, 1914 (38 STAT. 318), AND OF AUGUST 1, 1914 (38 STAT. 680), IN SO FAR AS THESE ACTS RELATE TO MEMBERS OF THE ARMY NURSE CORPS?

(C) IF THE DECISION AS TO (B) IS AFFIRMATIVE, THEN WITHIN WHAT MAXIMUM LIMITS AM I AUTHORIZED TO PRESCRIBE TRAVEL ALLOWANCES FOR THE MEMBERS OF THE ARMY NURSE CORPS?

THE ARMY NURSE CORPS (FEMALE) IS A PART OF THE MEDICAL DEPARTMENT OF THE ARMY. SEE SECTIONS 2 AND 10 OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 759, PROVIDING (SECTION 2) THAT "THE REGULAR ARMY OF THE UNITED STATES SHALL CONSIST OF * * *; THE MEDICAL DEPARTMENT; " AND (SECTION 10) THAT "THE MEDICAL DEPARTMENT SHALL CONSIST OF * * * THE ARMY NURSE CORPS AS NOW CONSTITUTED BY LAW" AND THE SECOND ARTICLE OF WAR, ACT OF JUNE 4, 1920, 41 STAT. 787, PROVIDING---

* * * THE FOLLOWING PERSONS ARE SUBJECT TO THESE ARTICLES AND SHALL BE UNDERSTOOD AS INCLUDED IN THE TERM "ANY PERSON SUBJECT TO MILITARY LAW," OR "PERSONS SUBJECT TO MILITARY LAW," WHENEVER USED IN THESE ARTICLES: * *

(A) ALL OFFICERS, MEMBERS OF THE ARMY NURSE CORPS, * * *.

THE APPOINTMENT AND SERVICE OF THE FEMALE NURSES CONSTITUTING THE ARMY NURSE CORPS ARE SUCH AS TO GIVE THEM A MILITARY STATUS AS DISTINGUISHED FROM A CIVILIAN STATUS. 1 COMP. GEN. 233, 355; 3 ID. 136.

THE SUBSISTENCE EXPENSE ACT OF 1926, ACT OF JUNE 3, 1926, 44 STAT. 688, IS ENTITLED "AN ACT TO REGULATE SUBSISTENCE EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES WHILE ABSENT FROM THEIR DESIGNATED POSTS OF DUTY ON OFFICIAL BUSINESS" AND, TO ADOPT THE LANGUAGE EMPLOYED BY THE HOUSE COMMITTEE ON THE CIVIL SERVICE WHEN REPORTING THE MEASURE,"DOES NOT APPLY TO THE ARMY, NAVY, OR MARINE CORPS, NOR THE RAILWAY POSTAL CLERKS, WHICH ARE PROVIDED FOR UNDER EXISTING LAWS, WHICH ARE PROVING VERY SATISFACTORY.' HOUSE REPORT NO. 888, SIXTY-NINTH CONGRESS, FIRST SESSION. THE ACT, SECTION 9, REPEALS OR MODIFIES ONLY THOSE LAWS OR PARTS OF LAWS INCONSISTENT OR IN CONFLICT WITH ITS PROVISIONS, TO THE EXTENT OF SUCH INCONSISTENCY OR CONFLICT.

THE ANSWERS TO QUESTIONS (A) AND (B), THEREFORE, MUST BE "NO," AND THAT BEING SO, QUESTION (C) REQUIRES NO ANSWER.