A-22755, MAY 12, 1928, 7 COMP. GEN. 719

A-22755: May 12, 1928

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THEY ARE NOT ENTITLED TO COUNT FOR SUCH PURPOSES PRIOR SERVICE AS A NURSE IN THE PUBLIC HEALTH SERVICE. IS ENTITLED TO CREDIT FOR PAY PURPOSES FOR SERVICES RENDERED BY HER AS A NURSE IN THE PUBLIC HEALTH SERVICE DURING THE PERIOD FROM ABOUT JULY 6. THE LAW GOVERNING ACTIVE DUTY PAY OF NURSES OF THE ARMY AND NAVY IS SECTION 13 OF THE ACT OF JUNE 10. NURSES SHALL BE ENTITLED TO THE SAME ALLOWANCE FOR SUBSISTENCE AS IS AUTHORIZED IN SECTION 5 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD. TO THE SAME ALLOWANCE FOR RENTAL OF QUARTERS AS IS AUTHORIZED IN SECTION 6 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD. IT IS SUGGESTED IN THE BASIC COMMUNICATION THAT THOUGH THE LAW DOES NOT SPECIFY THE SERVICES THAT MAY BE COUNTED THERE IS MANIFESTED IN THE PAY ACT OF JUNE 10.

A-22755, MAY 12, 1928, 7 COMP. GEN. 719

PAY - LONGEVITY - NAVY NURSES UNDER SECTION 13 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, ARMY AND NAVY NURSES MAY COUNT FOR ACTIVE DUTY PAY PURPOSES PRIOR SERVICE AS A NURSE IN EITHER THE ARMY OR NAVY NURSE CORPS, BUT THEY ARE NOT ENTITLED TO COUNT FOR SUCH PURPOSES PRIOR SERVICE AS A NURSE IN THE PUBLIC HEALTH SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 12, 1928:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT OF APRIL 28, 1928, OF THE REQUEST OF THE POST PAYMASTER, MARINE BARRACKS, QUANTICO, VA., IN BASIC LETTER OF APRIL 11, 1928, WHETHER HELEN M. ERNEST, NURSE, UNITED STATES NAVY, IS ENTITLED TO CREDIT FOR PAY PURPOSES FOR SERVICES RENDERED BY HER AS A NURSE IN THE PUBLIC HEALTH SERVICE DURING THE PERIOD FROM ABOUT JULY 6, 1919, TO AND INCLUDING FEBRUARY 20, 1923.

THE LAW GOVERNING ACTIVE DUTY PAY OF NURSES OF THE ARMY AND NAVY IS SECTION 13 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, WHICH PROVIDES:

THAT, COMMENCING JULY 1, 1922, THE ANNUAL PAY OF FEMALE NURSES OF THE ARMY AND NAVY SHALL BE AS FOLLOWS: DURING THE FIRST THREE YEARS OF SERVICE, $840; FROM THE BEGINNING OF THE FOURTH YEAR OF SERVICE UNTIL THE COMPLETION OF THE SIXTH YEAR OF SERVICE, $1,080; FROM THE BEGINNING OF THE SEVENTH YEAR OF SERVICE UNTIL THE COMPLETION OF THE NINTH YEAR OF SERVICE, $1,380; FROM THE BEGINNING OF THE TENTH YEAR OF SERVICE, $1,560. SUPERINTENDENTS OF THE NURSE CORPS SHALL RECEIVE A MONEY ALLOWANCE AT THE RATE OF $2,500 A YEAR, ASSISTANT SUPERINTENDENTS, DIRECTORS, AND ASSISTANT DIRECTORS AT THE RATE OF $1,500 A YEAR, AND CHIEF NURSES AT THE RATE OF $600 A YEAR, IN ADDITION TO THEIR PAY AS NURSES. NURSES SHALL BE ENTITLED TO THE SAME ALLOWANCE FOR SUBSISTENCE AS IS AUTHORIZED IN SECTION 5 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD, AND TO THE SAME ALLOWANCE FOR RENTAL OF QUARTERS AS IS AUTHORIZED IN SECTION 6 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD.

THIS PROVISION DOES NOT PRESCRIBE WHAT SERVICES MAY BE INCLUDED. IT IS SUGGESTED IN THE BASIC COMMUNICATION THAT THOUGH THE LAW DOES NOT SPECIFY THE SERVICES THAT MAY BE COUNTED THERE IS MANIFESTED IN THE PAY ACT OF JUNE 10, 1922, A PURPOSE TO EQUALIZE THE PAY IN THE SERVICES NAMED IN THE TITLE THEREOF. SUCH PURPOSE IS, HOWEVER, ACCOMPLISHED BY SPECIFIC PROVISION AND NOT BY IMPLICATION. SECTION 1 EXPRESSLY PROVIDES WHAT SERVICE SHALL BE COUNTED FOR ALL COMMISSIONED OFFICERS. SECTION 9 PROVIDES THAT IN COUNTING LONGEVITY OF WARRANT OFFICERS AND ENLISTED MEN OF THE MARINE CORPS "SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT" SHALL BE COUNTED. SECTION 10, WHICH PRESCRIBES RATES OF PAY FOR WARRANT OFFICERS AND ENLISTED MEN OF THE NAVY AND COAST GUARD AND ESTABLISHES LONGEVITY INCREASE OF PAY FOR ENLISTED MEN, DOES NOT SPECIFY WHAT SERVICE SHALL BE COUNTED, AND UNDER ITS PROVISION ONLY SERVICE AS AN ENLISTED MAN IN THE NAVY OR COAST GUARD MAY BE COUNTED FOR LONGEVITY PURPOSES. 2 COMP. GEN. 280. THAT SECTION WAS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 251, GIVING TO ENLISTED MEN THE RIGHT TO COUNT ACTIVE SERVICE AS AN OFFICER (COMMISSIONED OR WARRANT), IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT, DURING THE PERIOD APRIL 6, 1917, TO DECEMBER 31, 1921. 4 COMP. GEN. 940. IT IS THUS APPARENT THAT THE SERVICE THAT MAY BE COUNTED BY OFFICERS AND ENLISTED MEN OF THE SEVERAL SERVICES FOR LONGEVITY PURPOSES UNDER THE ACT OF JUNE 10, 1922, IS ONLY SUCH AS IS EXPRESSLY PROVIDED BY THAT ACT OR AMENDMENTS THERETO.

SINCE THE ACT OF MARCH 23, 1910, 36 STAT. 249, ARMY AND NAVY NURSES HAVE BEEN HELD TO BE ENTITLED TO COUNT SERVICE AS A NURSE IN EITHER THE ARMY OR NAVY NURSE CORPS. DECISION JULY 22, 1910, 54 MS. COMP. DEC. 280, CASE OF DELLA V. KNIGHT, BUT SERVICE AS A CONTRACT NURSE IN THE ARMY BEFORE THE ESTABLISHMENT OF THE ARMY NURSE CORPS WAS NOT AUTHORIZED TO BE COUNTED BY MEMBERS OF THE NAVY NURSE CORPS. 17 COMP. DEC. 306. THE LATER ENACTMENTS RESPECTING EITHER OR BOTH CORPS EVINCE NO INTENT TO CHANGE THE RULES THUS ESTABLISHED. THE ACT OF MAY 13, 1926, 44 STAT. 531, PROVIDING RETIREMENT FOR THE NURSE CORPS OF THE ARMY AND NAVY, PRESCRIBES THE SERVICE THAT MAY BE CREDITED FOR RETIREMENT PURPOSES. SECTION 3 OF SAID ACT PROVIDES:

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.

THE ACT OF JUNE 10, 1922, CONTAINS NO PROVISION RELATING TO NURSES OF THE PUBLIC HEALTH ERVICE; THESE NURSES ARE EMPLOYED UNDER CIVIL SERVICE RULES AND THEIR PAY AND ALLOWANCES ARE FIXED UNDER LUMP-SUM APPROPRIATIONS BY THE SECRETARY OF THE TREASURY. THE FACT THAT THE ACT OF THAT DATE INCLUDES COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE AND PERMITS THE COUNTING OF SERVICE AS A PHYSICIAN IN THE PUBLIC HEALTH SERVICE BY OFFICERS OF THE OTHER SERVICE IS NO BASIS FOR A CONCLUSION THAT ARMY AND NAVY NURSES MAY COUNT CIVIL-SERVICE NURSE SERVICE IN THE PUBLIC HEALTH SERVICE FOR PAY PURPOSES IN THE ARMY OR NAVY.

YOU ARE ADVISED THAT NURSE HELEN M. ERNEST, UNITED STATES NAVY, IS NOT ENTITLED TO CREDIT FOR PAY PURPOSES FOR ANY SERVICE RENDERED BY HER AS A NURSE IN THE PUBLIC HEALTH SERVICE.