B-16522, MAY 31, 1941, 20 COMP. GEN. 845

B-16522, MAY 31, 1941, 20 COMP. GEN. 845

PAY - ARMY RESERVE NURSES - PRIOR TO ACTUAL REPORTING FOR ACTIVE DUTY SINCE A STATUS AS AN ARMY RESERVE NURSE DOES NOT IN ITSELF ENTITLE THE NURSE TO PAY AND ALLOWANCES UNDER THE ACT OF JULY 9, 1918, A RESERVE NURSE MAY NOT BE PAID PAY AND ALLOWANCES FOR THE PERIOD INTERVENING BETWEEN THE DATE SHE TOOK THE OATH OF OFFICE AND THE DATE SHE COMMENCED HER ACTIVE DUTY STATUS BY OFFICIALLY AND NECESSARILY COMPLYING WITH HER ORDERS TO REPORT FOR ACTIVE DUTY, BUT SHE IS ENTITLED TO ACTIVE DUTY PAY FOR THE NECESSARY TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE TO HER DUTY STATION.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. H. E. HEINEKE, UNITED STATES ARMY, MAY 31, 1941:

THERE HAS BEEN CONSIDERED YOUR REQUEST OF APRIL 16, 1941, FOR DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER FOR $5.87 TRANSMITTED THEREWITH IN FAVOR OF 2D LT. MARGARET M. BERNHARD, ARMY NURSE CORPS RESERVE, COVERING PAY AND ALLOWANCES FOR THE PERIOD JANUARY 13 TO 14, 1941.

BY A COMMUNICATION DATED DECEMBER 27, 1940, FROM HEADQUARTERS SECOND CORPS AREA, LIEUTENANT BERNHARD WAS ADVISED AS FOLLOWS:

SUBJECT: ORDERS.

TO: MISS MARGARET M. BERNHARD. R.N., GENERAL HOSPITAL, JAMESTOWN, NEW YORK.

PURSUANT TO AUTHORITY CONTAINED IN LETTER THE ADJUTANT GENERAL'S OFFICE, SEPTEMBER 24, 1940, FILE AG 322.31 (9-10-40) R.A., MARGARET M. BERNHARD, RESERVE NURSE, ARMY NURSE CORPS, NOW AT HER HOME, GENERAL HOSPITAL, JAMESTOWN, NEW YORK, WILL PROCEED ON OR ABOUT JANUARY 15, 1941, TO FORT DIX, NEW JERSEY, REPORTING UPON ARRIVAL THEREAT TO THE SURGEON FOR ASSIGNMENT TO DUTY AT THE STATION HOSPITAL.

THE QUARTERMASTER CORPS WILL FURNISH THE NECESSARY TRANSPORTATION IN ACCORDANCE WITH THE AUTHORITY QUOTED ABOVE. REIMBURSEMENT OF ACTUAL AND NECESSARY TRAVELING EXPENSES ONLY WILL BE ALLOWED THIS NURSE, AS PRESCRIBED IN AR 40-20, AND IS CHARGEABLE TO APPROPRIATION FD 1416P 60 0620 A 10410-01. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

THE REQUIRED OATH OF OFFICE IS REPORTED TO HAVE BEEN TAKEN ON JANUARY 13, 1941, BUT IT IS STATED THAT THE RESERVE NURSE DID NOT REPORT TO FORT DIX FOR DUTY UNTIL JANUARY 15, 1941. HER CLAIM IS FOR PAY AND ALLOWANCES DURING THE 2 DAYS INTERVENING BETWEEN THE DATE ON WHICH SHE TOOK THE OATH AND THE DATE SHE REPORTED FOR ACTIVE DUTY. THE BASIS FOR THE CLAIM APPEARS TO BE THAT DURING SUCH PERIOD SHE WAS A RESERVE NURSE IN THE ARMY NURSE CORPS AND AS SUCH SHE WAS ENTITLED TO PAY AND ALLOWANCES EVEN THOUGH SHE HAD NOT REPORTED FOR ACTIVE DUTY.

CHAPTER V, SECTION 4 OF THE ACT OF JULY 9, 1918, 40 STAT. 879 (10 U.S.C. 782), PROVIDES:

* * * RESERVE NURSES, WHEN UPON ACTIVE DUTY, WILL RECEIVE THE SAME PAY AS NURSES WHO HAVE SERVED IN THE CORPS FOR PERIODS CORRESPONDING TO THE FULL PERIOD OF THEIR ACTIVE SERVICE; * * *

PRIOR TO THE DATE LIEUTENANT BERNHARD TOOK THE OATH OF OFFICE SHE APPEARS TO HAVE BEEN A CIVILIAN AND TO HAVE HAD NO STATUS IN THE ARMY OTHER THAN THE FACT THAT HER ELIGIBILITY TO SERVE AS A NURSE HAD BEEN ASCERTAINED. APPARENTLY THE PHYSICAL EXAMINATION REQUIRED BY PARAGRAPH 22 (4) ARMY REGULATIONS 40-20 WAS MADE AND SHE WAS FOUND PHYSICALLY QUALIFIED BEFORE SHE TOOK THE OATH. HER STATUS AS A RESERVE NURSE DID NOT IN ITSELF ENTITLE HER TO PAY AND ALLOWANCES. BY THE CLEAR PROVISIONS OF THE ACT OF JULY 9, 1918, SUPRA, A RESERVE NURSE IS NOT ENTITLED TO PAY EXCEPT "WHEN UPON ACTIVE DUTY.' PARAGRAPH 6 (A) ARMY REGULATIONS 35-2020, WHICH IS TO THE SAME EFFECT, PROVIDES AS FOLLOWS:

A. ACTIVE DUTY PAY.--- * * * RESERVE NURSES MAY BE ASSIGNED TO ACTIVE DUTY WHEN THE EMERGENCY OF THE SERVICE DEMANDS, BUT SHALL RECEIVE NO COMPENSATION EXCEPT WHEN ON SUCH DUTY. * * * ACT FEBRUARY 2, 1901 (31 STAT. 753).

LIEUTENANT BERNHARD'S ACTIVE DUTY STATUS DID NOT COMMENCE UNTIL SHE OFFICIALLY AND NECESSARILY COMPLIED WITH HER ORDER ON OR AFTER THE DATE THEREOF AND SHE IS NOT ENTITLED TO ACTIVE DUTY PAY PRIOR TO SUCH COMPLIANCE. HOWEVER, SHE IS ENTITLED TO ACTIVE DUTY PAY FOR THE NECESSARY TRAVEL TIME BY RAIL OVER THE SHORTEST USUALLY TRAVELED ROUTE TO HER DUTY STATION. HER ORDER REQUIRED HER TO "PROCEED ON OR ABOUT JANUARY 15, 1941" AND SINCE IT APPEARS THAT SHE ACTUALLY LEFT HER HOME ON JANUARY 14, 1941, AND REPORTED FOR DUTY AT FORT DIX THE FOLLOWING DAY SHE IS ENTITLED TO ACTIVE DUTY PAY FROM JANUARY 14, 1941. ACCORDINGLY, YOU ARE ADVISED THAT WHEN THE VOUCHER IS ADJUSTED TO INCLUDE JANUARY 14, 1941, ONLY, PAYMENT MAY BE MADE THEREON, IF OTHERWISE CORRECT.