A-20381, NOVEMBER 9, 1927, 7 COMP. GEN. 326

A-20381: Nov 9, 1927

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ARMY NURSE CORPS - RETIRED PAY RETIRED MEMBERS OF THE ARMY NURSE CORPS ARE ENTITLED TO 3 PERCENT OF THE ANNUAL ACTIVE BASE PAY RECEIVED AT TIME OF RETIREMENT MULTIPLIED BY THE TOTAL NUMBER OF COMPLETE YEARS OF ACTIVE SERVICE RENDERED PRIOR TO RETIREMENT. SERVICE AS TEMPORARY CHIEF NURSE IN THE ARMY NURSE CORPS IS NOT WITHIN ANY OF THE GRADES FOR WHICH ADDITIONAL SUPPLEMENTAL ANNUAL RETIRED PAY IS AUTHORIZED AND MAY NOT BE COUNTED IN ITS COMPUTATION. THE SPECIFIC CASE MENTIONED FOR DETERMINATION IS THAT OF SECOND LIEUT. WHO WAS RETIRED JULY 16. PROVIDES: * * * THAT WHEN A MEMBER OF THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS SHALL HAVE SERVED THIRTY YEARS. OR SHALL HAVE REACHED THE AGE OF FIFTY YEARS.

A-20381, NOVEMBER 9, 1927, 7 COMP. GEN. 326

ARMY NURSE CORPS - RETIRED PAY RETIRED MEMBERS OF THE ARMY NURSE CORPS ARE ENTITLED TO 3 PERCENT OF THE ANNUAL ACTIVE BASE PAY RECEIVED AT TIME OF RETIREMENT MULTIPLIED BY THE TOTAL NUMBER OF COMPLETE YEARS OF ACTIVE SERVICE RENDERED PRIOR TO RETIREMENT, NOT EXCEEDING 75 PERCENT PLUS THE ADDITIONAL AMOUNT PRESCRIBED FOR EACH COMPLETE YEAR OF SERVICE IN THE VARIOUS GRADES, THE PERIOD OF TIME LESS THAN A YEAR SERVED IN A HIGHER GRADE TO BE ADDED TO THE TIME SERVED IN A LOWER GRADE TO DETERMINE THE COMPLETE NUMBER OF YEARS SERVED. SERVICE AS TEMPORARY CHIEF NURSE IN THE ARMY NURSE CORPS IS NOT WITHIN ANY OF THE GRADES FOR WHICH ADDITIONAL SUPPLEMENTAL ANNUAL RETIRED PAY IS AUTHORIZED AND MAY NOT BE COUNTED IN ITS COMPUTATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 9, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 24, 1927, REQUESTING DECISION WHETHER SERVICE AS TEMPORARY CHIEF NURSE RENDERED PRIOR TO OCTOBER 9, 1919, MAY PROPERLY BE CONSIDERED SERVICE RENDERED AS CHIEF NURSE IN COMPUTING THE RETIRED PAY OF A MEMBER OF THE ARMY NURSE CORPS AND WHETHER THE PRO RATA ALLOWANCE OF SUPPLEMENTAL ANNUAL RETIRED PAY ON ACCOUNT OF FRACTIONS OF YEARS OF SERVICE IN THE GRADE OF CHIEF NURSE AND ASSISTANT SUPERINTENDENT MAY BE COUNTED.

THE SPECIFIC CASE MENTIONED FOR DETERMINATION IS THAT OF SECOND LIEUT. EDITH H. RUTLEY, ARMY NURSE CORPS, WHO WAS RETIRED JULY 16, 1927, AFTER HAVING SERVED FROM AUGUST 12, 1898, TO FEBRUARY 23, 1914; FROM NOVEMBER 24, 1914, TO APRIL 30, 1920, AND FROM JUNE 12, 1924, TO DATE OF RETIREMENT, A TOTAL OF 24 YEARS AND 24 DAYS,DURING WHICH TIME SHE SERVED AS TEMPORARY CHIEF NURSE FROM JULY 16, 1915, TO SEPTEMBER 4, 1918, BEING 3 YEARS, 1 MONTH, AND 19 DAYS, AND AS ASSISTANT SUPERINTENDENT FROM SEPTEMBER 5, 1918, TO JANUARY 28, 1820, A PERIOD OF 1 YEAR, 4 MONTHS AND 24 DAYS. THE COMPUTATION OF TIME INCLUDES THE INCLUSIVE DATES FOR THE PERIODS OF TIME STATED IN YOUR LETTER.

THE ACT OF MAY 13, 1926, 44 STAT. 531, PROVIDES:

* * * THAT WHEN A MEMBER OF THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS SHALL HAVE SERVED THIRTY YEARS, OR SHALL HAVE REACHED THE AGE OF FIFTY YEARS, HAVING SERVED TWENTY YEARS, SHE MAY, IN THE DISCRETION OF THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, RESPECTIVELY, BE RETIRED FROM ACTIVE SERVICE AND PLACED ON A LIST, HEREBY CREATED IN EACH OF THE AFOREMENTIONED SERVICES AND DESIGNATED THE "NURSE CORPS RETIRED LIST," IN THE GRADE TO WHICH SHE BELONGED AT THE TIME OF HER RETIREMENT.

SEC. 2. THAT THE ANNUAL PAY OF A RETIRED MEMBER OF THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS SHALL BE 3 PERCENTUM OF THE ANNUAL ACTIVE BASE PAY WHICH SHE IS RECEIVING AT THE TIME OF RETIREMENT MULTIPLIED BY THE NUMBER OF COMPLETE YEARS OF SERVICE RENDERED PRIOR TO RETIREMENT, BUT NOT EXCEEDING 75 PERCENTUM OF SUCH ANNUAL ACTIVE BASE PAY; AND, IN ADDITION, SUPPLEMENTAL ANNUAL RETIRED PAY FOR EACH COMPLETE YEAR OF ACTIVE SERVICE RENDERED PRIOR TO RETIREMENT IN EACH OF THE GRADES HEREAFTER NAMED, AS FOLLOWS: CHIEF NURSE, $18; ASSISTANT SUPERINTENDENT, $45; DIRECTOR, $45; ASSISTANT DIRECTOR, $45; SUPERINTENDENT, $75: PROVIDED, THAT IN COMPUTING THE PERIOD OF SERVICE IN ANY GRADE FOR SUCH SUPPLEMENTAL RETIRED PAY ANY PERIOD LESS THAN A YEAR SERVED IN ANY HIGHER GRADE MAY BE INCLUDED.

SEC. 3. THAT FOR THE PURPOSE OF COMPUTING ELIGIBILITY FOR RETIREMENT AND RETIRED PAY, THERE SHALL BE CREDITED ACTIVE SERVICE IN THE ARMY NURSE CORPS AND IN THE NAVY NURSE CORPS, ACTIVE SERVICE AS CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, AND SERVICE AS A RESERVE NURSE ON ACTIVE DUTY SINCE FEBRUARY 2, 1901.

SEC. 4. THAT RETIRED NURSES SHALL BE AUTHORIZED TO BEAR THE TITLE AND MAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, WEAR THE UNIFORM OF THE GRADE HELD AT THE TIME OF RETIREMENT, AND, IN TIME OF WAR OR NATIONAL EMERGENCY, MAY BE EMPLOYED ON ACTIVE DUTY, IN THE DISCRETION OF THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY, AND WHEN SO EMPLOYED SHALL RECEIVE THE FULL ACTIVE PAY AND ALLOWANCES OF THEIR RESPECTIVE GRADES.

THE AUTHORITY TO EMPLOY CONTRACT NURSES WAS CONTAINED IN THE ACT OF MARCH 16, 1802, 2 STAT. 133, AND WAS CONTINUED UNTIL THE NURSE CORPS (FEMALE) WAS ESTABLISHED BY SECTION 19 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT. 753, WHICH ACT PROVIDED FOR ONE SUPERINTENDENT, TO BE APPOINTED BY THE SECRETARY OF WAR, AND AS MANY CHIEF NURSES, NURSES, AND RESERVE NURSES AS MAY BE NEEDED, ALL NURSES TO BE APPOINTED OR REMOVED BY THE SURGEON GENERAL. THIS BRANCH OF THE MEDICAL CORPS OF THE ARMY WAS REORGANIZED BY CHAPTER 5 OF THE ACT OF JULY 9, 1918, 40 STAT. 879 (SEE ALSO ACT OF FEBRUARY 28, 1919, 40 STAT. 1211, AS TO PAY OF CHIEF NURSES), AS THE ARMY NURSE CORPS AND PROVIDED THAT ALL MEMBERS OTHER THAN THE SUPERINTENDENT SHALL BE APPOINTED AND REMOVED BY THE SURGEON GENERAL, BY AND WITH THE APPROVAL OF THE SECRETARY OF WAR, AND THAT THE CHIEF NURSES AND OTHER DESIGNATED GRADES SHALL BE APPOINTED BY PROMOTION FROM OTHER MEMBERS OF THE CORPS, WITH REVERSION TO THE GRADES FROM WHICH PROMOTED UPON RELIEF FROM DUTY AS SUCH. UNDER THE 1901 ACT THE BASE PAY OF CHIEF NURSES, NURSES, AND RESERVE NURSES WAS THE SAME, BUT WHEN SERVING AS CHIEF NURSES THEIR PAY WAS AUTHORIZED TO BE INCREASED BY AUTHORITY OF THE SECRETARY OF WAR. THE 1918 ACT DID NOT CHANGE THE AUTHORITY FOR APPOINTMENT OF CHIEF NURSES, BUT PROVIDED FOR THEIR PROMOTION FROM THE GRADE OF NURSE THERETOFORE AUTHORIZED BY REGULATION. THIS CHANGE IN THE LAW NECESSITATED A CHANGE IN THE REGULATIONS, WHICH WAS MADE OCTOBER 9, 1919, AND THE SERVICES RENDERED AS TEMPORARY CHIEF NURSE UNDER THE REGULATIONS IN EFFECT PRIOR THERETO IS THE BASIS OF THE QUESTION FOR DECISION. THE REGULATIONS PROMULGATED IN THE MANUAL FOR THE MEDICAL DEPARTMENT, UNITED STATES ARMY, 1916, IN EFFECT PRIOR TO THE CHANGE INDICATED AND DURING THE PERIOD OF THE SERVICE AS TEMPORARY CHIEF NURSE HERE IN QUESTION, ARE AS FOLLOWS:

58. CHIEF NURSES ARE NOT APPOINTED AS SUCH BUT ARE SELECTED BY PROMOTION FROM THE GRADE OF NURSE.

(A) WHEN TWO OR MORE NURSES ARE SERVING AT THE SAME STATION ONE WILL BE ASSIGNED TO DUTY AS CHIEF NURSE.

59.PERMANENT ASSIGNMENTS TO DUTY AS CHIEF NURSE ARE MADE ONLY BY THE SURGEON GENERAL, UPON THE RECOMMENDATION OF THE SUPERINTENDENT. A NURSE WILL NOT BE PERMANENTLY ASSIGNED TO DUTY AS CHIEF NURSE UNLESS SHE SHALL HAVE PASSED A SATISFACTORY EXAMINATION.

(A) NURSES WHO EXHIBIT MARKED EXECUTIVE ABILITY, GOOD JUDGMENT, AND TACT WILL BE RECOMMENDED TO THE SURGEON GENERAL BY THE COMMANDING OFFICER OF THE HOSPITAL OR OTHER SANITARY FORMATION WITH WHICH THEY ARE ON DUTY FOR EXAMINATION FOR PROMOTION TO THE GRADE OF CHIEF NURSE.

61. PENDING THE PERMANENT ASSIGNMENT OF A CHIEF NURSE THE COMMANDING OFFICER OF THE HOSPITAL OR OTHER SANITARY FORMATION WHERE TWO OR MORE NURSES ARE SERVING MAY ASSIGN ONE OF THEM TEMPORARILY TO DUTY AS CHIEF NURSE. A NURSE SO ASSIGNED SHALL BE KNOWN AS "TEMPORARY CHIEF NURSE" AND SHALL HOLD SUCH ASSIGNMENT ONLY SO LONG AS NO PROPERLY QUALIFIED PERMANENT CHIEF NURSE IS AVAILABLE. WHILE SERVING UNDER SUCH ASSIGNMENT SHE SHALL BE ENTITLED TO THE SAME PAY AND ALLOWANCES SHE WOULD RECEIVE IF SHE WERE A PERMANENT CHIEF NURSE.

UNDER THE REGULATIONS A PERMANENT ASSIGNMENT TO DUTY AS CHIEF NURSE COULD BE MADE ONLY BY THE SURGEON GENERAL AND NOT UNTIL SHE HAD QUALIFIED BY PASSING A SATISFACTORY EXAMINATION. THE COMMANDING OFFICER WAS AUTHORIZED TO ASSIGN TEMPORARILY A NURSE TO DUTY AS CHIEF NURSE, BUT UNTIL SHE HAD QUALIFIED AS INDICATED SHE DID NOT ACQUIRE THE GRADE OF CHIEF NURSE NECESSARY TO ENTITLE HER TO THE BENEFIT OF ADDITIONAL, SUPPLEMENTAL ANNUAL RETIRED PAY AUTHORIZED BY THE ACT OF MAY 13, 1926.

THE ADDITIONAL, SUPPLEMENTAL ANNUAL RETIRED PAY PRESCRIBED FOR THE VARIOUS GRADES IS AUTHORIZED FOR EACH "COMPLETE" YEAR OF ACTIVE SERVICE IN THE PARTICULAR GRADE FOR WHICH THE INCREASE IS PRESCRIBED, BUT ANY PERIOD LESS THAN A COMPLETE YEAR SERVED IN A HIGHER GRADE MAY BE INCLUDED IN THE COMPUTATION OF THE PERIOD OF SERVICE IN A LOWER GRADE TO DETERMINE THE NUMBER OF COMPLETE YEARS OF SERVICE IN SUCH LOWER GRADE; FOR EXAMPLE, A MEMBER SERVES 23 MONTHS AS CHIEF NURSE AND 18 MONTHS AS ASSISTANT SUPERINTENDENT, SHE WOULD BE ENTITLED TO THE ADDITIONAL ANNUAL ALLOWANCE OF $45 FOR ONE COMPLETE YEAR IN THE HIGHER GRADE AND THE 6 MONTHS SERVED IN THE HIGHER GRADE IN EXCESS OF THE 1 COMPLETE YEAR WOULD BE ADDED TO THE 23 MONTHS SERVED IN THE LOWER GRADE, MAKING 29 MONTHS, OR 2 COMPLETE YEARS, IN THAT GRADE, ENTITLING TO TWO TIMES THE ANNUAL ALLOWANCE OF $18 OR $36, MAKING THE ADDITIONAL ANNUAL ALLOWANCE BY REASON OF SERVICE IN THE TWO GRADES $45 PLUS $36 OR $81. SPECIFICALLY ANSWERING YOUR SECOND QUESTION, YOU ARE ADVISED THAT THE SUPPLEMENTAL ANNUAL RETIRED PAY AUTHORIZED FOR THE VARIOUS GRADES MAY NOT BE COMPUTED ON A PRO RATA BASIS FOR FRACTIONS OF YEARS OF SERVICE.

UNDER THE PROVISIONS OF SECTION 13 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, ALL NURSES RECEIVE CERTAIN BASE PAY ACCORDING TO LENGTH OF SERVICE BUT WITHOUT REGARD TO THEIR RANK. WHILE PERFORMING DUTIES AS CHIEF NURSE, OR IN A HIGHER GRADE, NURSES WHO HAVE QUALIFIED AND RECEIVED AN APPOINTMENT TO SUCH HIGHER GRADES RECEIVE A STATED MONEY ALLOWANCE IN ADDITION TO THEIR BASE PAY. THE 3 PERCENT OF THE ANNUAL ACTIVE BASE PAY IS COMPUTED ON THE BASE PAY ONLY, REGARDLESS OF THE GRADE IN WHICH SERVING WHEN RETIRED, AND DOES NOT INCLUDE THE MONEY ALLOWANCE AUTHORIZED FOR PERFORMING THE DUTIES OF THE GRADES ABOVE THAT OF NURSE.

IN THE CASE OF SECOND LIEUTENANT RUTLEY, MENTIONED BY YOU, SHE IS ENTITLED TO 3 PERCENT OF THE ANNUAL BASE PAY WHICH SHE WAS RECEIVING AS A NURSE AT THE TIME OF HER RETIREMENT, MULTIPLIED BY 24 COMPLETE YEARS OF ACTIVE SERVICE, PLUS THE ANNUAL ALLOWANCE OF $45 FOR ONE COMPLETE YEAR OF SERVICE RENDERED IN THE GRADE OF ASSISTANT SUPERINTENDENT. HER SERVICES RENDERED AS TEMPORARY CHIEF NURSE WERE NOT WITHIN ANY OF THE GRADES FOR WHICH AN ADDITIONAL PAYMENT IS AUTHORIZED IN THE ACT.