B-123436, SEP. 12, 1955

B-123436, SEP. 12, 1955

TO CAPTAIN IRENE M. WENDT, USAF:

IN YOUR LETTER OF NOVEMBER 30, 1954, FORWARDED HERE BY THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, CLAIM IS MADE FOR INITIAL UNIFORM ALLOWANCE OF $250 UNDER THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039. SINCE A CLAIM FOR THAT ALLOWANCE PREVIOUSLY SUBMITTED BY YOU WAS DISALLOWED IN SETTLEMENT DATED MARCH 11, 1954, YOUR LETTER WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF THAT SETTLEMENT.

A STATEMENT OF SERVICE FURNISHED BY THE DEPARTMENT OF THE AIR FORCE ON AUGUST 17, 1955, SHOWS THAT YOU WERE APPOINTED AND ORDERED TO ACTIVE DUTY AS SECOND LIEUTENANT, ARMY NURSE CORPS RESERVE, ON NOVEMBER 16, 1942; SECOND LIEUTENANT, ARMY OF THE UNITED STATES, ON JULY 10, 1944, WITH RANK FROM NOVEMBER 16, 1942; FIRST LIEUTENANT, ARMY OF THE UNITED STATES, ON APRIL 1, 1945, AND THAT YOU WERE RELEASED FROM ACTIVE DUTY ON JANUARY 30, 1946. YOU AGAIN ENTERED ON ACTIVE DUTY ON JULY 5, 1947; WERE APPOINTED FIRST LIEUTENANT, ARMY NURSE CORPS, REGULAR ARMY, ON DECEMBER 17, 1947; CAPTAIN, ARMY NURSE CORPS, ARMY OF THE UNITED STATES, ON MARCH 12, 1948; CAPTAIN, ARMY NURSE CORPS, REGULAR ARMY, ON APRIL 5, 1949, WITH RANK FROM APRIL 16, 1948; AND THAT YOU WERE TRANSFERRED TO THE DEPARTMENT OF THE AIR FORCE ON JULY 1, 1949. YOU STATE THAT YOU WERE FURNISHED UNIFORMS IN KIND ON JULY 5, 1947, AND THAT YOU NEVER RECEIVED AN INITIAL CLOTHING ALLOWANCE.

SECTION 2 OF THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, UNDER WHICH YOUR CLAIM IS MADE PROVIDES THAT:

"EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN ALLOWANCE OF $250 FOR UNIFORMS AND EQUIPMENT IS HEREBY AUTHORIZED TO BE PAID TO THE FOLLOWING PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF;

"/A) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN THE GRADE OF SECOND LIEUTENANT, FIRST LIEUTENANT, OR CAPTAIN, AND ENTITLED TO THE PAY OF THE FIRST, SECOND, OR THIRD PAY PERIODS ON APRIL 3, 1939, OR AT THE TIME OF SUCH ACCEPTANCE FOR ACTIVE DUTY; * * *"

FOR CERTAIN PURPOSES, MEMBERS OF THE ARMY NURSE CORPS WERE GIVEN RELATIVE RANK AS PROVIDED BY LAW FOR COMMISSIONED OFFICERS OF THE REGULAR ARMY UNDER SECTION 1 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072, BUT THERE WAS NO AUTHORITY FOR THEIR APPOINTMENT IN THE ARMY OF THE UNITED STATES PRIOR TO THE ACT OF JUNE 22, 1944, 58 STAT. 324, SECTION 1 OF WHICH CONSTITUTED THE AUTHORITY FOR YOUR APPOINTMENT IN THE ARMY OF THE UNITED STATES ON JULY 10, 1944. 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. * * *"

IN VIEW OF THE EXPRESS RESTRICTION IN THE LAST-QUOTED PROVISIONS IT IS CLEAR THAT PERSONS IN YOUR CATEGORY ARE NOT ENTITLED TO THE UNIFORM ALLOWANCE AUTHORIZED IN THE ACT OF DECEMBER 4, ..END :