B-121126, JUL. 13, 1955

B-121126: Jul 13, 1955

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WMSG: REFERENCE IS MADE TO YOUR FIRST ENDORSEMENT OF JUNE 18. SHOWS THAT YOU WERE APPOINTED TO ACTIVE SERVICE AS A DIETITIAN. IT FURTHER APPEARS THAT YOU WERE APPOINTED A FIRST LIEUTENANT. ARE NOW SERVING AS MAJOR. PROVIDES IN PART AS FOLLOWS: "* * * SUCH PERSONNEL SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS. NO WOMAN APPOINTED AND ASSIGNED UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT WHO IS A MEMBER OF THE ARMY NURSE CORPS OR WHO HAS PREVIOUSLY HELD AN APPOINTMENT AS A FEMALE DIETITIAN OR PHYSICAL-THERAPY AIDE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22. THAT PERSONS IN YOUR CATEGORY ARE NOT ENTITLED TO THE UNIFORM ALLOWANCE AUTHORIZED BY THE SAID ACT OF DECEMBER 4.

B-121126, JUL. 13, 1955

TO MAJOR RUTH P. RAMSAY, WMSG:

REFERENCE IS MADE TO YOUR FIRST ENDORSEMENT OF JUNE 18, 1954, REQUESTING A REVIEW OF SETTLEMENT DATED MAY 11, 1954, WHICH DISALLOWED YOUR CLAIM FOR INITIAL UNIFORM ALLOWANCE OF $250 UNDER THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, INCIDENT TO YOUR SERVICE IN THE MEDICAL DEPARTMENT OF THE ARMY BEGINNING MARCH 16, 1943.

AN OFFICIAL STATEMENT OF SERVICES FURNISHED ON FEBRUARY 9, 1955, BY THE DEPARTMENT OF THE AIR FORCE, SHOWS THAT YOU WERE APPOINTED TO ACTIVE SERVICE AS A DIETITIAN, MEDICAL DEPARTMENT OF THE ARMY, WITH RELATIVE RANK OF SECOND LIEUTENANT, EFFECTIVE FEBRUARY 27, 1943, IN CONFORMITY WITH THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072. IT FURTHER APPEARS THAT YOU WERE APPOINTED A FIRST LIEUTENANT, DIETITIAN, AUS, FEBRUARY 1, 1945, UNDER SECTION 127A OF THE NATIONAL DEFENSE ACT AS AMENDED, AND ARE NOW SERVING AS MAJOR, WOMEN'S MEDICAL SPECIALIST CORPS.

SECTION 2 OF THE ACT OF DECEMBER 22, 1942, PROVIDES IN PART AS FOLLOWS:

"* * * SUCH PERSONNEL SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES, AS NOW OR HEREAFTER PROVIDED BY LAW, FOR COMMISSIONED OFFICERS, WITHOUT DEPENDENTS, OF THE REGULAR ARMY IN THE THIRD TO THE FIRST PAY PERIODS, RESPECTIVELY. PERSONS APPOINTED UNDER THE PROVISIONS OF THIS SECTION AND THEIR DEPENDENTS SHALL BE ENTITLED TO THE SAME ALLOWANCES AND THE SAME RIGHTS, PRIVILEGES, BENEFITS, AND GRATUITIES AS MEMBERS OF THE ARMY NURSE CORPS AND THEIR DEPENDENTS.'

THE ACT OF JUNE 22, 1944, 58 STAT. 324, AUTHORIZED THE TEMPORARY APPOINTMENT AS OFFICERS IN THE ARMY OF THE UNITED STATES OF MEMBERS OF THE ARMY NURSE CORPS, FEMALE PERSONS HAVING THE NECESSARY QUALIFICATIONS FOR APPOINTMENT IN SUCH CORPS, AND FEMALE DIETETIC AND PHYSICAL-THERAPY PERSONNEL OF THE MEDICAL DEPARTMENT OF THE ARMY. SECTION 6 OF THAT ACT, 58 STAT. 325, PROVIDES IN PART AS FOLLOWS:

"SEC. 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO WOMAN APPOINTED AND ASSIGNED UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT WHO IS A MEMBER OF THE ARMY NURSE CORPS OR WHO HAS PREVIOUSLY HELD AN APPOINTMENT AS A FEMALE DIETITIAN OR PHYSICAL-THERAPY AIDE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), SHALL BE ENTITLED TO ANY UNIFORM ALLOWANCE PAYABLE TO OFFICERS OF THE ARMY OF THE UNITED STATES. * * *"

IT SEEMS CLEAR, THEREFORE, THAT PERSONS IN YOUR CATEGORY ARE NOT ENTITLED TO THE UNIFORM ALLOWANCE AUTHORIZED BY THE SAID ACT OF DECEMBER 4, 1942. YOUR CONTENTION THAT THE GRATUITOUS ALLOWANCE OR ISSUE IN KIND OF ARMY STYLE NURSE'S UNIFORMS DID NOT EQUAL THE AUTHORIZED ALLOWANCES WOULD APPEAR TO BE AN ADMINISTRATIVE QUESTION FOR CONSIDERATION AT THE TIME THE UNIFORMS WERE ISSUED TO YOU, AND NOT ONE WHICH MAY AFFECT THE EXPRESS PROHIBITION OF THE STATUTE. ACCORDINGLY, THE ACTION TAKEN IN THE SETTLEMENT OF MAY 11, 1954, APPEARS TO BE CORRECT AND UPON REVIEW IS SUSTAINED.