B-35441, AUGUST 4, 1943, 23 COMP. GEN. 76

B-35441: Aug 4, 1943

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PRIOR SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY IS NEITHER COMMISSIONED SERVICE NOR ENLISTED OR OTHER SERVICE WHICH MAY BE COUNTED IN COMPUTING SERVICE FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE PAY AND ALL ALLOWANCES WERE ASSIMILATED BY THE ACT OF OCTOBER 26. - WHO ARE ENTITLED TO COUNT FOR PAY PURPOSES UNDER SECTION 1 AND 3A OF THE PAY READJUSTMENT ACT OF 1942. PERIODS DURING WHICH THEY HELD COMMISSIONS AND PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS IN CERTAIN SPECIFIED GRADES. ACTIVE SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY IS "ACTIVE FEDERAL SERVICE" IN THE ARMY OR NAVY.

B-35441, AUGUST 4, 1943, 23 COMP. GEN. 76

SERVICE CREDITS FOR LONGEVITY PAY - MEMBERS OF WOMEN'S ARMY AUXILIARY CORPS AND WOMEN'S ARMY CORPS. PRIOR SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY IS NEITHER COMMISSIONED SERVICE NOR ENLISTED OR OTHER SERVICE WHICH MAY BE COUNTED IN COMPUTING SERVICE FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE PAY AND ALL ALLOWANCES WERE ASSIMILATED BY THE ACT OF OCTOBER 26, 1942, TO THOSE OF COMMISSIONED OFFICERS OF THE REGULAR ARMY--- WHO ARE ENTITLED TO COUNT FOR PAY PURPOSES UNDER SECTION 1 AND 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, PERIODS DURING WHICH THEY HELD COMMISSIONS AND PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS IN CERTAIN SPECIFIED GRADES. ACTIVE SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY IS "ACTIVE FEDERAL SERVICE" IN THE ARMY OR NAVY, RESPECTIVELY, WHICH MAY BE COUNTED FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE PAY AND ALLOWANCES WERE ASSIMILATED BY THE ACT OF OCTOBER 26, 1942, TO THOSE OF ENLISTED MEN OF THE REGULAR ARMY--- WHO ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES UNDER SECTION 9 OF THE PAY ADJUSTMENT ACT OF 1942, AS AMENDED, ACTIVE FEDERAL SERVICE IN THE ARMY AND NAVY. IN VIEW OF THE PROVISION IN THE ACT OF MAY 14, 1942, THAT THE WOMEN'S ARMY AUXILIARY CORPS ESTABLISHED THEREBY SHALL NOT BE A PART OF THE ARMY, SERVICE IN THE CORPS MAY NOT BE CONSIDERED AS SERVICE IN THE ARMY OR IN ANY OF THE SERVICES MENTIONED IN SECTIONS 1, 3A OR 9 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WHICH MAY BE COUNTED FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE CORPS WHOSE RIGHT TO SUCH PAY IS DERIVED FROM THE ACT OF OCTOBER 26, 1942, ASSIMILATING THEIR PAY AND ALLOWANCES TO THOSE OF COMMISSIONED OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY--- WHOSE RIGHT TO LONGEVITY PAY IS CONTROLLED BY THE SAID SECTIONS 1, 3A AND 9. PRIOR SERVICE IN THE WOMEN'S RESERVE IN THE NAVAL RESERVE AND THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE, WHICH CONSTITUTES COMMISSIONED OR ENLISTED SERVICE IN THE NAVAL RESERVE OR THE COAST GUARD RESERVE, AS THE CASE MAY BE, MAY BE COUNTED FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHOSE PAY AND ALLOWANCES WERE ASSIMILATED BY THE ACT OF OCTOBER 26, 1942, TO THOSE OF COMMISSIONED OFFICERS AND ENLISTED MEN OF THE REGULAR ARMY--- WHO ARE AUTHORIZED BY SECTIONS 1, 3A AND 9 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO COUNT FOR PAY PURPOSES PRIOR COMMISSIONED OR ENLISTED SERVICE IN THE NAVAL RESERVE OR COAST GUARD RESERVE. SERVICE PERFORMED DURING WORLD WAR I EITHER IN THE NAVY OR MARINE CORPS AS MEMBERS OF THE NAVAL RESERVE FORCE OR THE MARINE RESERVE FORCE AS ESTABLISHED BY THE ACT OF AUGUST 29, 1916, MAY BE COUNTED FOR PURPOSES OF LONGEVITY PAY OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS. SERVICE PERFORMED BY ENLISTED PERSONNEL OF THE WOMEN'S ARMY CORPS UNDER THE PROVISIONS OF THE ACT OF JULY 1, 1943--- WHICH ESTABLISHED THE CORPS AS A COMPONENT OF THE ARMY OF THE UNITED STATES--- IS "ACTIVE FEDERAL SERVICE" IN THE ARMY WITHIN THE MEANING OF SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, AND MAY BE COUNTED BY SUCH ENLISTED PERSONNEL FOR PURPOSES OF LONGEVITY PAY AS AUTHORIZED IN SAID SECTION 9 FOR ENLISTED MEN. COMMISSIONED OFFICERS OF THE WOMEN'S ARMY CORPS WHO ARE APPOINTED IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF JOINT RESOLUTION OF SEPTEMBER 22, 1941--- AS PROVIDED IN THE ACT OF JULY 1, 1943, ESTABLISHING THE CORPS AS A COMPONENT OF THE ARMY OF THE UNITED STATES- - MAY COUNT PERIODS OF SERVICE UNDER THEIR COMMISSIONS FOR LONGEVITY PAY PURPOSES IN LIKE MANNER AS OTHER OFFICERS COMMISSIONED PURSUANT TO SAID JOINT RESOLUTION, WHO ARE ENTITLED TO COUNT SUCH SERVICE FOR LONGEVITY PAY PURPOSES. PRIOR SERVICE IN THE ARMY NURSE CORPS, THE NURSE CORPS (FEMALE) OF THE NAVY, THE WOMEN'S RESERVE IN THE NAVAL RESERVE, THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE, AND SERVICE PERFORMED IN THE NAVY OR MARINE CORPS DURING WORLD WAR I AS MEMBERS OF THE NAVAL RESERVE FORCE OR THE MARINE CORPS RESERVE FORCE MAY BE COUNTED FOR PURPOSES OF LONGEVITY PAY OF PERSONNEL OF THE WOMEN'S ARMY CORPS ESTABLISHED BY THE ACT OF JULY 1, 1943, TO THE SAME EXTENT AS WAS AUTHORIZED FOR SUCH PURPOSES FOR MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS UNDER THE ACT OF OCTOBER 26, 1942.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, AUGUST 4, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JUNE 28, 1943, REQUESTING DECISION WHETHER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS MAY COUNT FOR LONGEVITY PAY PURPOSES SERVICE IN CERTAIN ORGANIZATIONS HEREINAFTER MENTIONED.

BEFORE CONSIDERING SPECIFICALLY THE QUESTIONS PRESENTED IN YOUR LETTER, THERE IS FOR CONSIDERATION WHETHER OR NOT MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE LEGALLY ENTITLED TO LONGEVITY PAY.

THE CORPS WAS ESTABLISHED BY THE ACT OF MAY 14, 1942, 56 STAT. 278, WHICH AUTHORIZED APPOINTMENT AND ENROLLMENT OF WOMEN IN SAID CORPS AND FIXED THE PAY FOR EACH GRADE AUTHORIZED. NO SPECIFIC PROVISION WAS MADE IN THAT ACT FOR AN INCREASE IN PAY ON ACCOUNT OF PRIOR SERVICE IN THE CORPS OR IN THE MILITARY OR NAVAL SERVICES. HOWEVER, SECTIONS 2 AND 4 OF THE SAID ACT OF MAY 14, 1942, WERE AMENDED BY THE ACT OF OCTOBER 26, 1942, 56 STAT. 988, TO READ AS FOLLOWS:

SEC. 2. FROM WOMEN CITIZENS OF THE UNITED STATES, THE SECRETARY OF WAR IS AUTHORIZED TO APPOINT THE DIRECTOR AND SUCH ASSISTANT DIRECTORS AND FIELD DIRECTORS AS HE FROM TIME TO TIME MAY DEEM NECESSARY ADVISABLE, ALL OF SUCH APPOINTEES TO SERVE DURING THE PLEASURE OF THE SECRETARY. THE DIRECTOR SHALL RECEIVE PAY AND ALLOWANCES AT THE RATE NOW OR HEREAFTER PROVIDED BY LAW FOR A COMMISSIONED OFFICER OF THE REGULAR ARMY, WITHOUT DEPENDENTS, WHO IS ENTITLED TO RECEIVE THE PAY OF THE SIXTH PAY PERIOD. THE DIRECTOR, UNDER THE DIRECTION OF THE CHIEF OF STAFF OF THE ARMY OF THE UNITED STATES, SHALL ADVISE THE WAR DEPARTMENT ON MATTERS PERTAINING TO THE ESTABLISHMENT OF THE WOMEN'S ARMY AUXILIARY CORPS; SHALL OPERATE AND ADMINISTER THE CORPS IN ACCORDANCE WITH NORMAL MILITARY PROCEDURE OF COMMAND AND ADMINISTRATION AND SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR; SHALL MAKE RECOMMENDATIONS AS TO PLANS AND POLICIES CONCERNING THE EMPLOYMENT, TRAINING, SUPPLY, WELFARE, AND DISCIPLINE OF THE CORPS; AND SHALL PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THE SECRETARY. EACH ASSISTANT DIRECTOR SHALL RECEIVE PAY AND ALLOWANCES AT THE RATE NOW OR HEREAFTER PROVIDED BY LAW FOR A COMMISSIONED OFFICER OF THE REGULAR ARMY, WITHOUT DEPENDENTS, WHO IS ENTITLED TO RECEIVE THE PAY OF THE FOURTH PAY PERIOD. EACH ASSISTANT DIRECTOR AND FIELD DIRECTOR SHALL PERFORM SUCH DUTIES AS MAY BE PRESCRIBED BY REGULATIONS PUBLISHED BY THE SECRETARY OF WAR.

SEC. 4. THE SECRETARY IS AUTHORIZED TO HAVE ENROLLED IN THE CORPS, IN ADDITION TO THE DIRECTOR, ASSISTANT DIRECTOR, FIELD DIRECTORS, AND OFFICERS HEREINABOVE PROVIDED FOR, BY VOLUNTARY ENROLLMENT, WOMEN OF EXCELLENT CHARACTER IN GOOD PHYSICAL HEALTH, BETWEEN THE AGES OF TWENTY- ONE AND FORTY-FIVE YEARS AND CITIZENS OF THE UNITED STATES. THE PERSONNEL OF THE CORPS SO ENTERED SHALL BE DISTRIBUTED IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, IN SEVEN GRADES CORRESPONDING TO THE SEVEN ENLISTED GRADES IN THE REGULAR ARMY; AND THE SECRETARY SHALL HAVE COMPLETE AUTHORITY TO DEFINE THE QUALIFICATIONS FOR ALL OF THE GRADES IN WHICH SUCH PERSONNEL ARE SO DISTRIBUTED. PERSONNEL IN EACH OF THE SEVEN GRADES SHALL RECEIVE PAY AND ALLOWANCES AT THE RATES NOW OR HEREAFTER PROVIDED BY LAW FOR ENLISTED MEN, WITHOUT DEPENDENTS, IN THE CORRESPONDING ENLISTED GRADES IN THE REGULAR ARMY.

WITH RESPECT TO THE PAY AUTHORIZED FOR MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, BY SAID PROVISIONS IT WAS STATED IN DECISION OF MARCH 27, 1943, 22 COMP. GEN. 918, AS FOLLOWS:

IT WILL BE NOTED THAT THE ASSIMILATING WORDS USED IN THE SAID ACT OF OCTOBER 26, 1942, DIFFER SOMEWHAT FROM THOSE GENERALLY USED IN ASSIMILATING STATUTES. USUALLY, SUCH STATUTES PROVIDE THAT THE PERSONS AFFECTED SHALL RECEIVE "THE SAME PAY AND ALLOWANCES" WHILE THE PRESENT ACT STATES THEY SHALL RECEIVE PAY AND ALLOWANCES "AT THE RATES" PROVIDED FOR OFFICERS AND ENLISTED MEN OF THE ARMY WITHOUT DEPENDENTS. HOWEVER, THE DIFFERENCE DOES NOT APPEAR TO BE MATERIAL. THE RATE OF PAY PROVIDED FOR AN ENLISTED MAN, FOR INSTANCE, IS NOT ALWAYS HIS BASE PAY. HIS RATE OF PAY MAY VARY WITH THE CIRCUMSTANCES. FOR EXAMPLE, WHEN ON FOREIGN DUTY DURING THE PRESENT WAR HIS RATE OF PAY IS HIS BASE PAY PLUS 20 PERCENT. LIKEWISE, WHEN BY ORDERS OF COMPETENT AUTHORITY HE IS REQUIRED TO PARTICIPATE, AND DOES PARTICIPATE, REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AS DEFINED BY EXECUTIVE ORDERS PROMULGATED BY THE PRESIDENT, HIS RATE OF PAY IS NOT HIS REGULAR PAY BUT IS HIS REGULAR PAY PLUS 50 PERCENT.

SIMILARLY THE "RATE OF PAY" FOR AN OFFICER OR ENLISTED MAN WHO IS ENTITLED TO LONGEVITY PAY IS HIS BASE PAY PLUS THE INCREASE AUTHORIZED FOR THE NUMBER OF YEARS OF SERVICE TO HIS CREDIT. ACCORDINGLY, UNDER THE ACT OF OCTOBER 26, 1942, OFFICERS AND ENROLLED MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, WERE ENTITLED TO LONGEVITY PAY AS AUTHORIZED FOR THE RANK OR GRADE TO WHICH THEIR PAY WAS ASSIMILATED, PROVIDED, OF COURSE, THAT THEY HAVE COMPLETED SERVICE FOR WHICH SUCH INCREASE IS AUTHORIZED.

YOUR FIRST QUESTION IS AS FOLLOWS:

1. IS A MEMBER OF THE WAAC NOW ENTITLED TO COUNT FOR LONGEVITY PURPOSES PREVIOUS SERVICE WITH THE ARMY NURSE CORPS, THE NAVY NURSE CORPS, OR ANY OF THE WOMEN'S AUXILIARY CORPS SUCH AS THE WAVES, SPARS, ETC., AND SERVICE DURING WORLD WAR I WITH THE ARMY, NAVY OR MARINE CORPS?

SECTION 1 OF THE ACT OF JUNE 16, 1942, 56 STAT. 359, AS AMENDED BY SECTION 1 OF THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, CONTAINS THE FOLLOWING PROVISION:

IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF OFFICERS PAID UNDER THE PROVISIONS OF THIS SECTION, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL MILITIA OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY, AND SERVICE OF COAST AND GEODETIC SURVEY OFFICERS AUTHORIZED IN SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942 ( PUBLIC LAW 402, SEVENTY-SEVENTH CONGRESS): PROVIDED, THAT FOR OFFICERS IN SERVICE ON JUNE 30, 1922, THERE SHALL BE INCLUDED IN THE COMPUTATION, IN ADDITION TO THE SERVICE SET FORTH ABOVE, ALL SERVICE WHICH WAS THEN COUNTED IN COMPUTING LONGEVITY PAY, AND SERVICE AS A CONTRACT SURGEON SERVING FULL TIME. LONGEVITY PAY FOR OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES WHICH IS AUTHORIZED TO BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER THE PROVISIONS OF THIS ACT OR AS MAY OTHERWISE BE PROVIDED BY LAW.

SECTION 3A OF SAID ACT OF JUNE 16, 1942, AS ADDED THERETO BY SECTION 3 OF THE ACT OF DECEMBER 2, 1942, SUPRA, IS AS FOLLOWS:

DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND FOR SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR, IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF OFFICERS PAID UNDER THE PROVISIONS OF SECTION 1 OR 3 OF THIS ACT, SUCH OFFICERS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY SUCH SECTIONS, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS AS WARRANT OFFICERS OR ARMY FIELD CLERKS OR AS COMMISSIONED WARRANT OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE REGULAR ARMY RESERVE, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL GUARD OF THE UNITED STATES, OR IN THE ENLISTED RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY COMMISSIONED OFFICER TO RECEIVE PAY AND ALLOWANCES IN EXCESS OF THE MAXIMUM LIMITATIONS IMPOSED UPON THE TOTAL PAY AND ALLOWANCES OF ANY RANK OR GRADE BY ANY OF THE PROVISIONS OF THIS ACT.

WITH RESPECT TO LONGEVITY PAY FOR ENLISTED PERSONNEL, SECTION 9 OF SAID ACT OF JUNE 16, 1942, 56 STAT. 363, PROVIDES:

EVERY ENLISTED MAN PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS GRADE FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS. SUCH SERVICE SHALL BE ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE.

WHILE MEMBERS OF THE NURSE CORPS (FEMALE) OF THE NAVY AND THE ARMY NURSE CORPS HOLD RELATIVE RANK, MEMBERS THEREOF ARE NOT COMMISSIONED OFFICERS. 13 COMP. GEN. 94, 22 ID. 293, 295; ID. 645, 649. THE SUPERINTENDENT OF EACH CORPS IS APPOINTED BY THE SECRETARY OF THE DEPARTMENT CONCERNED AND OTHER PERSONNEL THEREIN ARE APPOINTED BY THE SURGEON GENERAL WITH THE APPROVAL OF THE SECRETARY. SECTION 3 OF CHAPTER V OF THE ACT OF JULY 9, 1918, 40 STAT. 879 (10 U.S.C. 162); ACT OF MAY 13, 1908, 35 STAT. 127, 146 (34 U.S.C. 42). IT IS CLEAR THAT A PERIOD OF SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY IS NOT A PERIOD DURING WHICH MEMBERS THEREOF "HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT" AS THOSE WORDS ARE USED IN SECTION 1 OF THE ACT OF JUNE 16, 1942, AS AMENDED, SUPRA, NOR WERE THEY ENLISTED OR APPOINTED TO ANY OF THE GRADES MENTIONED IN SECTION 3A OF SAID ACT. MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO WERE ENTITLED UNDER THE ACT OF OCTOBER 26, 1942, TO RECEIVE THE PAY AUTHORIZED FOR A COMMISSIONED OFFICER ENTITLED TO RECEIVE THE PAY OF A PARTICULAR PAY PERIOD AND WHO HAVE HAD PRIOR SERVICE IN THE ARMY NURSE CORPS OR THE NURSE CORPS (FEMALE) OF THE NAVY MAY NOT COUNT SUCH PRIOR SERVICE FOR LONGEVITY PAY PURPOSES. HOWEVER, ACTIVE SERVICE IN EITHER NURSE CORPS IS "ACTIVE FEDERAL SERVICE" IN THE ARMY OR NAVY RESPECTIVELY AND THEREFORE PERSONNEL OF THE WOMEN'S ARMY AUXILIARY CORPS WHO WERE ENTITLED UNDER THE ACT OF OCTOBER 26, 1942, TO RECEIVE PAY AT THE RATE AUTHORIZED FOR ENLISTED MEN IN CORRESPONDING ENLISTED GRADES IN THE REGULAR ARMY AND WHO HAVE HAD SUCH PRIOR SERVICE AS A NURSE MAY COUNT SUCH SERVICE IN COMPUTING THEIR INCREASE IN PAY FOR LENGTH OF SERVICE.

THERE IS FOR CONSIDERATION, ALSO, WHETHER PRIOR SERVICE IN THE WOMEN'S ARMY-AUXILIARY CORPS LEGALLY MAY BE COUNTED BY PERSONNEL THEREOF IN COMPUTING THEIR LONGEVITY PAY. SECTION 12 OF THE ACT OF MAY 14, 1942, 56 STAT. 281, THE ACT ESTABLISHING THE CORPS, PROVIDES THAT "THE CORPS SHALL NOT BE A PART OF THE ARMY, BUT IT SHALL BE THE ONLY WOMEN'S ORGANIZATION AUTHORIZED TO SERVE WITH THE ARMY, EXCLUSIVE OF THE ARMY NURSE CORPS.' VIEW OF THAT EXPRESS PROVISION THAT THE CORPS SHALL NOT BE A PART OF THE ARMY, IT IS APPARENT THAT SERVICE IN SAID CORPS MAY NOT BE CONSIDERED AS SERVICE IN THE ARMY OR IN ANY OF THE OTHER SERVICE MENTIONED IN SECTIONS 1, 3A OR 9 OF THE ACT OF JUNE 16, 1942, AS AMENDED, FOR WHICH CREDIT MAY BE GIVEN FOR LONGEVITY PAY PURPOSES. ACCORDINGLY, PRIOR SERVICE IN THE WOMEN'S ARMY AUXILIARY CORPS MAY NOT BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER THE ACT OF OCTOBER 26, 1942.

OFFICERS OR ENLISTED PERSONS COMMISSIONED OR ENLISTED IN THE WOMEN'S RESERVE OF THE NAVAL RESERVE AS AUTHORIZED BY THE ACT OF JULY 30, 1942, 56 STAT. 730, OR THOSE COMMISSIONED OR ENLISTED IN THE WOMEN'S RESERVE OF THE COAST GUARD RESERVE AS THE CASE MAY BE. SERVICE IN THOSE ORGANIZATIONS MAY BE COUNTED FOR LONGEVITY PAY PURPOSES AS AUTHORIZED BY SECTIONS 1, 3A, AND 9 OF THE ACT OF JUNE 16, 1942, AS AMENDED, BY THE PERSONNEL OF THE WOMEN'S ARMY AUXILIARY CORPS WHO HAVE HAD PRIOR SERVICE IN SUCH RESERVE ORGANIZATIONS.

THE LAST PORTION OF YOUR FIRST QUESTION REFERS TO "SERVICE DURING WORLD WAR I WITH THE ARMY, NAVY OR MARINE CORPS" AND IS NOT IN SUFFICIENT DETAIL TO PERMIT A THOROUGH UNDERSTANDING AS TO ALL THE SERVICE ABOUT WHICH DECISION IS REQUESTED. HOWEVER, IT MAY BE STATED THAT MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO PERFORMED SERVICE DURING WORLD WAR I EITHER IN THE NAVY OR MARINE CORPS AS MEMBERS OF THE NAVAL RESERVE FORCE OR THE MARINE CORPS RESERVE MAY COUNT SUCH PRIOR SERVICE FOR LONGEVITY PAY PURPOSES. SEE 23 COMP. DEC. 657; ACT OF JULY 11, 1919, 41 STAT. 131, 152. YOUR SECOND QUESTION IS AS FOLLOWS:

2. SHOULD THE ANSWER TO 1 BE IN THE NEGATIVE, COULD THIS SERVICE BE COUNTED FOR LONGEVITY PURPOSES IF THE PENDING LEGISLATION TO PUT THE WAAC IN THE ARMY IS PASSED?

THE PENDING LEGISLATION TO WHICH YOU REFER WAS ENACTED AS PUBLIC LAW 110, APPROVED JULY 1, 1943, 57 STAT. 371, AND ESTABLISHES IN THE ARMY OF THE UNITED STATES, FOR A SPECIFIED PERIOD, A COMPONENT TO BE KNOWN AS THE WOMEN'S ARMY CORPS. ENLISTMENT OR ACCEPTANCE OF APPOINTMENT UNDER THE PROVISIONS OF THAT ACT TERMINATES CIVILIAN SERVICE UNDER THE ACT OF MAY 14, 1942, AND IT IS PROVIDED THAT ALL LAWS AND REGULATIONS NOW OR HEREAFTER APPLICABLE TO ENLISTED MEN OF THE ARMY OF THE UNITED STATES SHALL IN LIKE CASES AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, BE APPLICABLE TO ENLISTED PERSONNEL OF SUCH CORPS. SERVICE PERFORMED BY ENLISTED PERSONNEL UNDER THE PROVISIONS OF THE ACT OF JULY 1, 1943, IS ACTIVE FEDERAL SERVICE IN THE ARMY WITHIN THE MEANING OF SECTION 9 OF THE ACT OF JUNE 16, 1942, SUPRA, AND MAY BE COUNTED BY SUCH ENLISTED PERSONNEL FOR THE PURPOSE OF INCREASING THEIR PAY FOR LENGTH OF SERVICE AS AUTHORIZED IN SAID SECTION 9. COMMISSIONED OFFICERS OF THE WOMEN'S ARMY CORPS ARE TO BE APPOINTED IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE JOINT RESOLUTION OF SEPTEMBER 22, 1941, 55 STAT. 728, AND ORDERED INTO ACTIVE MILITARY SERVICE AND THEY "SHALL HAVE ALL THE RIGHTS, PRIVILEGES, AND BENEFITS ACCORDED IN LIKE CASES TO OTHER PERSONS UNDER THAT ACT, EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED.' SAID JOINT RESOLUTION PROVIDES:

* * * THAT ANY PERSON APPOINTED AS AN OFFICER IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THIS ACT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AND BE ENTITLED TO THE SAME RIGHTS, PRIVILEGES, AND BENEFITS AS MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE * * *.

WHILE OFFICERS COMMISSIONED IN THE ARMY OF THE UNITED STATES PURSUANT TO THE SAID JOINT RESOLUTION ARE NOT REQUIRED TO BE COMMISSIONED IN ANY PARTICULAR COMPONENT OF THE ARMY OF THE UNITED STATES, IT IS CLEAR FROM THE PROVISION LAST QUOTED THAT IT WAS INTENDED THAT SERVICE UNDER THEIR COMMISSIONS SHOULD BE INCLUDED AS SERVICE AUTHORIZED TO BE COUNTED FOR LONGEVITY PAY PURPOSES. SINCE OFFICERS OF THE WOMEN'S ARMY CORPS ARE COMMISSIONED IN LIKE MANNER PURSUANT TO THE PROVISIONS OF THE SAME JOINT RESOLUTION, THEY, ALSO, MAY COUNT FOR LONGEVITY PAY PURPOSES, PERIODS OF SERVICE PERFORMED UNDER THEIR COMMISSIONS.

WITH RESPECT TO THE COUNTING OF SERVICE IN THE OTHER COMPONENTS MENTIONED IN YOUR FIRST QUESTION IT MAY BE STATED THAT PRIOR SERVICE THEREIN MAY BE COUNTED BY MEMBERS OF THE WOMEN'S ARMY CORPS TO THE SAME EXTENT AS SERVICE THEREIN WAS AUTHORIZED TO BE COUNTED BY MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS. HOWEVER, IN VIEW OF THE PROVISION CONTAINED IN SECTION 3 OF THE ACT OF JULY 1, 1943, SUPRA, THAT NURSES SHALL NOT BE ENLISTED IN THE WOMEN'S ARMY CORPS, IT DOES NOT APPEAR THAT THE QUESTION RELATIVE TO THE COUNTING OF PRIOR SERVICE IN THE ARMY NURSE CORPS, OR THE NURSE CORPS (FEMALE) OF THE NAVY WILL ARISE WITH RESPECT TO MEMBERS OF THE WOMEN'S ARMY CORPS.