B-36497, SEPTEMBER 24, 1943, 23 COMP. GEN. 216

B-36497, SEPTEMBER 24, 1943, 23 COMP. GEN. 216

RENTAL, SUBSISTENCE AND QUARTERS ALLOWANCES; FAMILY ALLOWANCE BENEFITS; TRANSPORTATION FOR DEPENDENTS--- MEMBERS OF WOMEN'S ARMY CORPS UNDER THE PROVISIONS OF SECTIONS 2 AND 3 OF THE ACT OF JULY 1, 1943, MAKING APPLICABLE TO OFFICERS AND ENLISTED MEMBERS OF THE WOMEN'S ARMY CORPS AND THEIR DEPENDENTS AND BENEFICIARIES THE RIGHTS, BENEFITS, AND PRIVILEGES APPLICABLE "IN LIKE CASES" TO OFFICERS APPOINTED UNDER THE ACT OF SEPTEMBER 22, 1941, OR THE LAWS AND REGULATIONS APPLICABLE " IN LIKE CASES" TO ENLISTED MEN, AS THE CASE MAY BE, SUCH MEMBERS ARE ENTITLED TO PAYMENT OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS, NOT IN ALL CASES IN WHICH MALE MEMBERS IN THE SERVICE WOULD BE ENTITLED TO SAID ALLOWANCES, BUT IN CASES WHERE, AS REGARDS DEPENDENTS, THE SITUATION OF THE WOMAN IS "LIKE" OR ANALOGOUS TO THAT OF A MAN IN SERVICE. THE HUSBAND OF A MEMBER OF THE WOMEN'S ARMY CORPS MAY NOT BE REGARDED IN ANY CASE AS A DEPENDENT OF SUCH MEMBER FOR THE PURPOSE OF PAYMENT TO HER OF THE INCREASED RENTAL AND SUBSISTENCE ALLOWANCES AUTHORIZED TO BE PAID OFFICERS, OR THE QUARTERS ALLOWANCE AUTHORIZED FOR ENLISTED MEN OF THE FIRST THREE PAY GRADES, BY THE PAY READJUSTMENT ACT OF 1942 ON ACCOUNT OF "DEPENDENTS" AS DEFINED IN SECTION 4 OF THE SAID ACT. A MEMBER OF THE WOMEN'S ARMY CORPS MAY NOT BE PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE, AUTHORIZED BY THE PAY READJUSTMENT ACT OF 1942, ON ACCOUNT OF HER UNMARRIED CHILD UNDER 21 YEARS OF AGE EXCEPT IN CASES WHERE THE CHILD'S FATHER IS DECEASED AND THE MOTHER IS NOT REMARRIED, OR UNDER CIRCUMSTANCES OF A PARTICULAR CASE ESTABLISHING THAT THE CHILD IS IN FACT DEPENDENT UPON HIS MOTHER. MEMBERS OF THE WOMEN'S ARMY CORPS, OTHERWISE ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE AUTHORIZED BY THE PAY READJUSTMENT ACT OF 1942 ON ACCOUNT OF ,DEPENDENTS" AS DEFINED IN SECTION 4 OF THE SAID ACT, MAY BE PAID SUCH INCREASED ALLOWANCES ON ACCOUNT OF A FATHER OR MOTHER WHERE IT IS ESTABLISHED THAT THE FATHER OR MOTHER IS IN FACT DEPENDENT ON SUCH MEMBER FOR HIS OR HER CHIEF SUPPORT. A MEMBER OF THE WOMEN'S ARMY CORPS, OTHERWISE ENTITLED TO THE TRANSPORTATION FOR DEPENDENTS AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AND SECTION 4 OF THE ACT OF JUNE 5, 1942, IS ENTITLED TO TRANSPORTATION FOR HER FATHER OR MOTHER IN FACT DEPENDENT ON HER FOR CHIEF SUPPORT, AND FOR HER UNMARRIED CHILD UNDER 21 YEARS OF AGE, IF THE FATHER OF SAID CHILD IS DECEASED AND THE MOTHER IS NOT REMARRIED, OR IF THE CHILD IS IN FACT DEPENDENT ON HER FOR HIS SUPPORT. THE HUSBAND OF AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS MAY NOT BE REGARDED AS A "DEPENDENT" WITHIN THE MEANING OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 SO AS TO ENTITLE HIM TO PAYMENT OF THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SAID ACT FOR DEPENDENTS OF ENLISTED PERSONNEL OF DESIGNATED GRADES. THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR DEPENDENTS OF ENLISTED MEN OF DESIGNATED GRADES MAY BE PAID TO CLASS B DEPENDENTS (PARENT, GRANDPARENT, BROTHER, OR SISTER) OF ENLISTED PERSONNEL OF THE WOMEN'S ARMY CORPS, EVEN THOUGH SHE IS RECEIVING THE SAID ALLOWANCE AS A WIFE OF AN ENLISTED MAN, UPON SHOWING, AS PROVIDED IN THE ACT, THAT THE RELATIVE IS DEPENDENT ON SUCH ENLISTED MEMBER FOR "A SUBSTANTIAL PORTION OF HIS SUPPORT.' THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR DEPENDENTS OF ENLISTED MEN OF DESIGNATED GRADES MAY BE PAID TO A CHILD OF A MEMBER OF THE WOMEN'S ARMY CORPS IF THE CHILD'S FATHER IS DECEASED AND THE MOTHER IS NOT REMARRIED, OR, IN CASE THE FATHER IS NOT DECEASED, IF THE CHILD IS IN FACT DEPENDENT UPON HIS MOTHER. THE SIX MONTHS' DEATH GRATUITY BENEFITS PAYABLE UNDER THE ACT OF DECEMBER 17, 1919, AS AMENDED, TO THE WIDOW, CHILD, OR OTHER PREVIOUSLY DESIGNATED DEPENDENT RELATIVE OF A DECEASED OFFICER OR ENLISTED MAN OF THE ARMY MAY BE PAID TO THE SURVIVING HUSBAND OF A DECEASED MEMBER OF THE WOMEN'S ARMY CORPS TO THE EXCLUSION OF A CHILD OR A DESIGNATED RELATIVE. A MEMBER OF THE WOMEN'S ARMY CORPS IS NOT ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FOR HER HUSBAND, WHETHER OR NOT HE IS DEPENDENT IN FACT UPON HER, UNDER SECTION 4 OF THE ACT OF JUNE 5, 1942, AND SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 AUTHORIZING SUCH TRANSPORTATION FOR DEPENDENTS, AS DEFINED IN SECTION 4 OF THE LATTER ACT, OF OFFICERS AND ENLISTED MEN OF DESIGNATED GRADES. WHERE THE HUSBAND OF A MEMBER OF THE WOMEN'S ARMY CORPS IS A MEMBER OF THE ARMED FORCES AND DRAWING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE AUTHORIZED UNDER THE PAY READJUSTMENT ACT OF 1942 ON ACCOUNT OF DEPENDENTS, THEIR CHILD OR CHILDREN MAY NOT BE REGARDED AS DEPENDENT UPON THE MOTHER SO AS TO ENTITLE HER TO INCREASED ALLOWANCES (RENTAL AND SUBSISTENCE, QUARTERS, OR TRANSPORTATION FOR DEPENDENTS) ON ACCOUNT OF DEPENDENTS. A DIVORCED MEMBER OF THE WOMEN'S ARMY CORPS IS NOT ENTITLED ON ACCOUNT OF HER CHILD TO PAYMENT OF THE INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS, AUTHORIZED UNDER THE PAY READJUSTMENT ACT OF 1942, IN THE ABSENCE OF AN AFFIRMATIVE SHOWING THAT THE RESPONSIBILITY OF THE CHILD'S SUPPORT HAS BEEN SHIFTED TO THE MOTHER. AN OFFICER OR ENLISTED MAN IS NOT ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCED UNDER THE PAY READJUSTMENT ACT OF 1942 ON ACCOUNT OF A WIFE WHO IS A MEMBER OF THE WOMEN'S ARMY CORPS. AN OFFICER, OR ENLISTED MAN OF THE FIRST THREE PAY GRADES, WHOSE WIFE IS A MEMBER OF THE WOMAN'S ARMY CORPS AND WHO HAS A DEPENDENT CHILD AS DEFINED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 MAY BE PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE UNDER SAID ACT ON ACCOUNT OF DEPENDENTS. WHERE THE HUSBAND OF AN ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS IS AN OFFICER OR ENLISTED MAN IN THE ARMED SERVICES AND IS RECEIVING INCREASED ALLOWANCES ON ACCOUNT OF THEIR DEPENDENT CHILD, THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 TO BE PAID TO DEPENDENTS OF ENLISTED PERSONNEL OF DESIGNATED GRADES ARE NOT PAYABLE TO THE CHILD AS A DEPENDENT OF THE WOMEN'S ARMY CORPS MEMBER. A WAIVER BY A MEMBER OF THE WOMEN'S ARMY CORPS OR BY HER HUSBAND, WHO IS A MEMBER OF THE ARMED SERVICES, OF THE STATUTORY RIGHT TO ALLOWANCES (RENTAL, QUARTERS, OR TRANSPORTATION FOR DEPENDENTS) WILL NOT BE RECOGNIZED BY THIS OFFICE AS HAVING ANY EFFECT UPON THE BENEFITS AUTHORIZED BY THE STATUTES FOR THE SPOUSE IN WHOSE FAVOR THE WAIVER IS ATTEMPTED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, SEPTEMBER 24, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 16, 1943, IN WHICH YOU PRESENTED FOR DECISION SEVERAL QUESTIONS RELATIVE TO DEPENDENCY ALLOWANCES, ETC., FOR MEMBERS OF THE WOMEN'S ARMY CORPS ESTABLISHED BY THE ACT OF JULY 1, 1943, 57 STAT. 371, PUBLIC LAW 110. SECTION 2 OF THE SAID ACT, RELATING TO ENLISTED PERSONNEL OF THAT CORPS, PROVIDES:

* * * ALL LAWS AND REGULATIONS NOW OR HEREAFTER APPLICABLE TO ENLISTED MEN OR FORMER ENLISTED MEN OF THE ARMY OF THE UNITED STATES AND THEIR DEPENDENTS AND BENEFICIARIES SHALL, IN LIKE CASES AND EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, BE APPLICABLE RESPECTIVELY TO ENLISTED PERSONNEL AND FORMER ENLISTED PERSONNEL OF SUCH CORPS AND THEIR DEPENDENTS AND BENEFICIARIES.

SECTION 3 THEREOF, RELATING TO COMMISSIONED OFFICERS, PROVIDES:

* * * THEY AND THEIR DEPENDENTS AND BENEFICIARIES SHALL HAVE ALL OF THE RIGHTS, PRIVILEGES, AND BENEFITS ACCORDED IN LIKE CASES TO OTHER PERSONS UNDER THAT ACT, ( SEPTEMBER 22, 1941, 55 STAT. 728) EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED.

THE QUESTIONS STATED IN YOUR LETTER WILL BE CONSIDERED IN THEIR ORDER.

(1) MAY PAYMENTS OF INCREASED ALLOWANCES FOR RENTAL AND SUBSISTENCE ON ACCOUNT OF DEPENDENTS BE MADE TO OFFICERS OF THE WAC UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED?

(2) MAY PAYMENTS OF MONETARY ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS BE MADE TO ENLISTED PERSONNEL OF APPROPRIATE GRADES OF THE WAC UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED?

SECTIONS 5 AND 6 OF THE PAY READJUSTMENT ACT OF JUNE 16, 1942, 56 STAT. 361, PROVIDE:

SEC. 5. EACH COMMISSIONED OFFICER ON THE ACTIVE LIST, OR ON ACTIVE DUTY, BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, SHALL BE ENTITLED AT ALL TIMES, IN ADDITION TO HIS PAY, TO A MONEY ALLOWANCE FOR SUBSISTENCE. THE VALUE OF ONE SUBSISTENCE ALLOWANCE IS HEREBY FIXED AT 70 CENTS PER DAY. TO EACH OFFICER OF ANY OF THE SAID SERVICES RECEIVING THE BASE PAY OF THE FIRST, SECOND, THIRD, OR SIXTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO TWO SUBSISTENCE ALLOWANCES, AND TO EACH OFFICER RECEIVING THE BASE PAY OF THE FOURTH OR FIFTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO THREE SUBSISTENCE ALLOWANCES: PROVIDED, THAT AN OFFICER WITH NO DEPENDENTS SHALL RECEIVE ONE SUBSISTENCE ALLOWANCE IN LIEU OF THE ABOVE ALLOWANCES.

SEC. 6. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE-DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS.

TO AN OFFICER HAVING A DEPENDENT, RECEIVING THE BASE PAY OF THE FIRST PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $60 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE SECOND PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $75 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE THIRD PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $90 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FOURTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $105 PER MONTH, AND TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FIFTH OR SIXTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $120 PER MONTH.

TO AN OFFICER HAVING NO DEPENDENTS, RECEIVING THE BASE PAY OF THE FIRST PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $45 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE SECOND PERIOD, THE AMOUNT OF SAID ALLOWANCE SHALL BE $60 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE THIRD PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $75 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FOURTH PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $90 PER MONTH, AND TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FIFTH OR SIXTH PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $105 PER MONTH.

SECTION 10 OF THE SAID PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, 364, AUTHORIZES A MONEY ALLOWANCE FOR QUARTERS FOR CERTAIN ENLISTED MEN, AS FOLLOWS:

EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE, IN THE ACTIVE MILITARY, NAVAL, OR COAST GUARD SERVICE OF THE UNITED STATES HAVING A DEPENDENT AS DEFINED IN SECTION 4 OF THIS ACT, SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONTHLY ALLOWANCE FOR QUARTERS AUTHORIZED BY LAW TO BE GRANTED TO EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND: PROVIDED, THAT SUCH ENLISTED MEN SHALL CONTINUE TO BE ENTITLED TO THIS ALLOWANCE ALTHOUGH RECEIVING THE ALLOWANCE PROVIDED IN THE FIRST PARAGRAPH OF THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENT IS PREVENTED FROM DWELLING WITH HIM.

SECTION 4 OF THAT ACT DEFINES THE TERM "DEPENDENT" AS INCLUDING "AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY- ONE YEARS OF AGE," AND, ALSO, THE FATHER OR MOTHER OF THE PERSON CONCERNED "PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT.'

THE APPLICABILITY OF SUCH SECTIONS TO WOMEN IN THE ARMED SERVICES HAS BEEN THE SUBJECT OF SEVERAL RECENT DECISIONS OF THIS OFFICE. IN DECISION DATED OCTOBER 29, 1942, 22 COMP. GEN. 406, IT WAS HELD THAT A NURSE IN THE NURSE CORPS (FEMALE) OF THE NAVY WAS NOT ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF DEPENDENTS. ALSO, IT WAS HELD THAT SUCH INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS WERE NOT AUTHORIZED FOR MEMBERS OF THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE AND THE WOMEN'S RESERVE IN THE NAVAL RESERVE. 22 COMP. GEN. 838, ID. 955; B-32874, AUGUST 4, 1943. SPEAKING GENERALLY, THE BASIS OF THOSE DECISIONS WAS THAT THE STATUTORY PROVISIONS AUTHORIZING PAYMENT OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS WERE ENACTED WITH DEPENDENTS OF MALE MEMBERS, ONLY, OF THE SERVICES IN CONTEMPLATION. IN NONE OF THESE CASES WAS EVIDENCE FOUND OF ANY INTENTION ON THE PART OF THE CONGRESS THAT SUCH CHARACTER OF ALLOWANCES WERE TO BE PAID TO WOMEN MEMBERS. THE ACT OF OCTOBER 26, 1942, 56 STAT. 988, 990, FIXING THE PAY OF PERSONNEL OF THE WOMEN'S ARMY AUXILIARY CORPS--- THE FORERUNNER OF THE PRESENT WOMEN'S ARMY CORPS--- EXPRESSLY PROVIDED THAT SAID PERSONNEL SHOULD RECEIVE PAY AND ALLOWANCES AT THE RATES PROVIDED BY LAW FOR CERTAIN OFFICERS OR ENLISTED MEN, WITHOUT DEPENDENTS, IN THE REGULAR ARMY. BY THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072, IT WAS PROVIDED THAT CERTAIN PAY AND ALLOWANCES WERE AUTHORIZED TO BE PAID TO NURSES IN THE ARMY AND NAVY, BUT IT WAS EXPRESSLY STATED THAT SAID ALLOWANCES SHOULD BE THOSE AUTHORIZED FOR DESIGNATED OFFICERS WITHOUT DEPENDENTS. HENCE, THE CITED DECISIONS SEEM TO BE CONSISTENT WITH THE LEGISLATIVE POLICY AS GATHERED FROM THE APPLICABLE STATUTES.

THE LANGUAGE OF THE BILL WHICH LATER BECAME THE ACT OF JULY 1, 1943, HERE INVOLVED, WAS SUGGESTED BY THE WAR DEPARTMENT. IN HIS LETTER OF FEBRUARY 1, 1943, TRANSMITTING THE DRAFT OF THE PROPOSED SUBSTITUTE BILL TO THE CHAIRMAN, COMMITTEE ON MILITARY AFFAIRS, UNITED STATES SENATE (PRINTED AS PART OF SENATE REPORT NO. 45 TO ACCOMPANY S. 495) THE SECRETARY OF WAR STATED:

IT IS NOT ANTICIPATED THAT THE PROPOSED MEASURE WILL RESULT IN ANY SUBSTANTIAL ADDITIONAL COST. THE PRINCIPAL ADDITIONAL COSTS WILL BE OCCASIONED BY THE AUTHORIZING OF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS TO RECEIVE FLIGHT PAY, ADDITIONAL PAY FOR OVERSEAS DUTY, AND ALLOWANCES FOR DEPENDENTS. * * * ( ITALICS SUPPLIED.)

THE MATTER OF ALLOWANCES FOR MEMBERS OF THE WOMEN'S ARMY CORPS WAS DISCUSSED AT SOME LENGTH AT THE HEARINGS ON THE BILL BEFORE THE COMMITTEE ON MILITARY AFFAIRS, HOUSE OF REPRESENTATIVES. THE COMMITTEE WAS ADVISED BY GENERAL M. G. WHITE, APPEARING AS A REPRESENTATIVE OF THE WAR DEPARTMENT, THAT IF THE BILL SHOULD BE ENACTED MEMBERS OF THE WOMEN'S ARMY CORPS "WOULD BE ENTITLED TO ALL THE PAY AND ALLOWANCES THAT ANY OTHER MEMBER OF THE ARMY IS ENTITLED TO, DEPENDING UPON GRADE, AND SO ON. IT WOULD BE DIFFERENT FROM THE NURSE PAY, WHICH PROVIDES THAT THEY ARE ENTITLED TO THE PAY OF COMMISSIONED OFFICERS WITHOUT DEPENDENTS.' PAGE 23 OF THE SAID HEARINGS. ON PAGE 21 GENERAL WHITE STATED THAT HE DID NOT THINK THEY SHOULD ASK FOR PAY FOR THE WOMEN'S ARMY CORPS THAT IS NOT IN ACCORD WITH PAY AUTHORIZED FOR THE NURSES. AS A RESULT OF THE DISCUSSION BEFORE THE COMMITTEE, GENERAL WHITE PROPOSED CERTAIN CHANGES IN THE BILL TO THE EFFECT THAT THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, WOULD NOT BE APPLICABLE TO DEPENDENTS OF WOMEN ENLISTED UNDER THE ACT AND THAT WOMEN COMMISSIONED THEREUNDER WOULD BE ALLOWED RENTAL AND SUBSISTENCE ALLOWANCES WITHOUT DEPENDENTS. SEE PAGE 24 OF SAID HEARINGS. THE COMMITTEE PROPOSED AN AMENDMENT TO THE BILL WHICH READ AS FOLLOWS:

SEC. 6. THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 ( PUBLIC LAW 625, SEVENTY-SEVENTH CONGRESS, APPROVED JUNE 23, 1942), SHALL NOT BE APPLICABLE TO THE DEPENDENTS OF WOMEN ENLISTED UNDER THE PROVISIONS OF THIS ACT. MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS SHALL BE ALLOWED TO WOMEN COMMISSIONED OR ENLISTED UNDER THE PROVISIONS OF THIS ACT ONLY TO THE EXTENT THAT THEY ARE ALLOWED TO MALE COMMISSIONED OFFICERS AND ENLISTED MEN, RESPECTIVELY, WITHOUT DEPENDENTS.

THE HOUSE ADOPTED THE SAID AMENDMENT AND PASSED THE BILL AS SO AMENDED BUT THE SENATE FAILED TO AGREE AND THE HOUSE RECEDED FROM SUCH AMENDMENT. SEE THE STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE IN THE CONFERENCE REPORT ON THE BILL, H.R. REPORT NO. 595, 78TH CONGRESS.

CONSIDERING SUCH LEGISLATIVE HISTORY AND THE BROAD LANGUAGE OF THE SAID ACT OF JULY 1, 1943, THE CONCLUSION THAT THE CONGRESS INTENDED, WITHIN THE LANGUAGE USED IN THE ACT, TO AUTHORIZE THE PAYMENT OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS FOR MEMBERS OF THE WOMEN'S ARMY CORPS APPEARS INESCAPABLE, NOTWITHSTANDING THE FACT THAT SUCH PROVISION RESULTS IN A MATERIAL DISCRIMINATION BETWEEN SUCH MEMBERS AND NURSES IN THE ARMY AND NAVY, AS WELL AS MEMBERS OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE AND THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE. HOWEVER, THE LANGUAGE USED IN SECTIONS 2 AND 3 OF SAID ACT, QUOTED ABOVE, DOES NOT AUTHORIZE PAYMENT OF SUCH ALLOWANCES TO WOMEN IN ALL CASES IN WHICH A MALE MEMBER OF THE SERVICE WOULD BE ENTITLED TO SAID ALLOWANCES. THE LAW PROVIDES THAT OFFICERS "AND THEIR DEPENDENTS AND BENEFICIARIES SHALL HAVE ALL OF THE RIGHTS, PRIVILEGES, AND BENEFITS ACCORDED IN LIKE CASES TO OTHER PERSONS" APPOINTED UNDER THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728. IT IS PROVIDED, ALSO, THAT ALL LAWS AND REGULATIONS APPLICABLE TO ENLISTED MEN AND THEIR DEPENDENTS AND BENEFICIARIES SHALL "IN LIKE CASES AND EXCEPT WHERE OTHERWISE EXPRESSLY PROVIDED, BE APPLICABLE" TO ENLISTED PERSONNEL OF THE WOMEN'S ARMY CORPS AND THEIR DEPENDENTS AND BENEFICIARIES. THEREFORE, IT BECOMES MATERIAL TO DETERMINE UNDER WHAT CIRCUMSTANCES, INSOFAR AS DEPENDENTS ARE CONCERNED, THE SITUATION OF A WOMAN IN THE WOMEN'S ARMY CORPS IS ANALOGOUS TO THAT OF A MAN IN THE SERVICE.

AS INDICATED ABOVE, A MAN IS ENTITLED TO INCREASED ALLOWANCES ON ACCOUNT OF A LAWFUL WIFE, AN UNMARRIED CHILD UNDER 21 YEARS OF AGE OR A FATHER OR MOTHER IN FACT DEPENDENT ON HIM FOR CHIEF SUPPORT. THE LAW DOES NOT MAKE A HUSBAND A DEPENDENT AND, IN VIEW OF THE DIFFERENCE BETWEEN THE DUTIES AND RESPONSIBILITIES OF A MAN TOWARD HIS WIFE AND THOSE OF A WIFE TOWARD HER HUSBAND, THERE IS NO REASONABLE BASIS FOR A CONCLUSION THAT A HUSBAND WAS INTENDED TO BE REGARDED IN ANY CASE AS A DEPENDENT UNDER SUCH STATUTORY PROVISIONS.

UNDER THE LAW AN UNMARRIED CHILD UNDER 21 YEARS OF AGE OF A MALE OFFICER OR ENLISTED MAN ENTITLED TO INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS IS PRESUMED TO BE DEPENDENT UPON THE OFFICER OR ENLISTED MAN FOR THE PURPOSE OF PAYING SUCH INCREASED ALLOWANCES. SAID PROVISION RECOGNIZES THE FACT THAT THE PRIMARY DUTY OF SUPPORT IS ON THE FATHER. AS WAS STATED IN DECISION OF FEBRUARY 26, 1943, 22 COMP. GEN. 838, 840- -

* * * CHILDREN MAY BE, AND OFTEN ARE, DEPENDENT ON THEIR MOTHER FOR SUPPORT, BUT AS THE PRIMARY DUTY OF SUPPORT IS ON THE FATHER, THERE WOULD BE NO THOUGHT OF CONCLUSIVELY PRESUMING CHILDREN TO BE DEPENDENT ON THEIR MOTHERS AT ALL TIMES AND IN ALL PLACES MERELY BY VIRTUE OF THE RELATIONSHIP. * * * HENCE, TO BE CONSIDERED A "LIKE" CASE OR A CASE ANALOGOUS TO THAT OF A MAN IN THE SERVICE THE RESPONSIBILITY OF PROVIDING FOR THE CHILD MUST BE UPON THE WOMAN CLAIMING THE INCREASED ALLOWANCES. THE FACT THAT A WOMAN IN THE SERVICE DOES NOT HAVE THE PRIMARY RESPONSIBILITY FOR THE SUPPORT OF A CHILD WOULD MAKE HER SITUATION MATERIALLY DIFFERENT FROM THAT OF A FATHER IN THE SERVICE. IN OTHER WORDS, A MEMBER OF THE WOMEN'S ARMY CORPS WHO HAS A CHILD WHOSE FATHER IS LIVING GENERALLY DOES NOT HAVE THE SAME RESPONSIBILITIES FOR THE SUPPORT OF THE CHILD AS THE FATHER AND, THEREFORE, UNDER SUCH CIRCUMSTANCES, HER CASE WOULD NOT BE CONSIDERED LIKE THAT OF A FATHER IN THE SERVICE INSOFAR AS PAYMENT OF DEPENDENCY ALLOWANCES IS CONCERNED. IF THE FATHER IS DECEASED AND THE MOTHER IS NOT REMARRIED OR WHERE THE CIRCUMSTANCES IN A PARTICULAR CASE ESTABLISH THAT A CHILD IS IN FACT DEPENDENT UPON HIS MOTHER, A MEMBER OF THE WOMEN'S ARMY CORPS, HER SITUATION THEN APPROXIMATES THAT OF A MAN IN THE SERVICE WHO HAS A CHILD AND, IF OTHERWISE WITHIN THE TERMS OF THE STATUTES, SUCH A CHILD PROPERLY MAY BE REGARDED AS A DEPENDENT FOR THE PURPOSE OF PAYMENT OF DEPENDENCY ALLOWANCES. APPLYING THE SAME PRINCIPLES, IT SEEMS CLEAR THAT UNDER THE SAID PROVISIONS OF THE ACT OF JULY 1, 1943, A MEMBER OF THE WOMEN'S ARMY CORPS, OTHERWISE ENTITLED TO INCREASED ALLOWANCES FOR DEPENDENTS, WOULD BE ENTITLED TO RECEIVE SUCH INCREASED ALLOWANCES WHERE IT IS ESTABLISHED THAT HER FATHER OR MOTHER IS IN FACT DEPENDENT ON HER FOR HIS OR HER CHIEF SUPPORT, THE SAME AS IN THE CASE OF A MALE MEMBER OF THE SERVICE.

IT MAY BE ADDED THAT THERE IS DOUBT WHETHER, AT PRESENT, MANY OF THE MEMBERS OF THE WOMEN'S ARMY CORPS COULD MEET THE REQUIREMENTS AS TO ACTUAL DEPENDENCY IN THE CASE OF EITHER A CHILD OR A PARENT. SECTION II, WOMEN'S ARMY AUXILIARY CORPS CIRCULAR NO. 13, DATED OCTOBER 14, 1942, ROVIDES:

1. NO APPLICANT WILL BE ACCEPTED FOR ENROLLMENT IN THE WOMEN'S ARMY AUXILIARY CORPS IF SHE HAS ANYONE DEPENDENT UPON HER FOR FINANCIAL SUPPORT UNLESS SUCH SUPPORT CAN BE MET ENTIRELY BY MEANS OTHER THAN THAT DERIVED FROM HER PAY AS A MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS. SEE, ALSO, STATEMENTS MADE BY THE DIRECTOR, WOMEN'S ARMY AUXILIARY CORPS, AT THE HEARING BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, ON THE MILITARY ESTABLISHMENT APPROPRIATION BILL FOR 1944, PAGES 117 AND 118.

WITHIN THE LIMITATIONS STATED ABOVE, QUESTIONS (1) AND (2) ARE ANSWERED IN THE AFFIRMATIVE.

(3) MAY OFFICERS AND ENLISTED PERSONNEL OF APPROPRIATE GRADES OF THE WAC BE PAID FOR TRANSPORTATION OF DEPENDENTS UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AND PUBLIC LAW NO. 580, APPROVED 5 JUNE 1942?

TRANSPORTATION AT GOVERNMENT EXPENSE FOR DEPENDENTS OF OFFICERS, WARRANT OFFICERS OR ENLISTED MEN OF THE ARMY IS AUTHORIZED BY SECTION 12 OF THE ACT OF JUNE 16, 1942, 56 STAT. 364, 365, AND SECTION 4 OF THE ACT OF JUNE 5, 1942, 56 STAT. 315. THE DEPENDENTS FOR WHOM SUCH TRANSPORTATION IS AUTHORIZED ARE AS DEFINED IN SECTION 4 OF SAID ACT OF JUNE 16, 1942, SUPRA, THE SAME AS IN THE CASE OF INCREASED RENTAL AND SUBSISTENCE ALLOWANCES AND, FOLLOWING THE REASONING AS STATED IN ANSWER TO QUESTIONS (1) AND (2) WITH RESPECT TO SUCH INCREASED ALLOWANCES, A MEMBER OF THE WOMEN'S ARMY CORPS, OTHERWISE ENTITLED TO TRANSPORTATION FOR DEPENDENTS UNDER THE APPLICABLE LAW, WOULD BE ENTITLED TO SUCH TRANSPORTATION FOR HER FATHER OR MOTHER IN FACT DEPENDENT ON HER FOR HIS OR HER CHIEF SUPPORT AND FOR HER UNMARRIED CHILD OR CHILDREN UNDER 21 YEARS OF AGE, IF THE FATHER OF SAID CHILD OR CHILDREN IS DECEASED AND SHE IS NOT REMARRIED OR IF THEY ARE IN FACT DEPENDENT ON HER. QUESTION (3) IS ANSWERED ACCORDINGLY.

(4) MAY PAYMENTS OF FAMILY ALLOWANCES BE MADE TO DEPENDENTS OF ENLISTED PERSONNEL OF THE WAC OF APPROPRIATE GRADES UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942?

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AUTHORIZES AN ALLOWANCE ACCRUING TO DEPENDENTS OF CERTAIN ENLISTED MEN. FOR THE PURPOSE OF THE LAW THE DEPENDENTS ARE GROUPED INTO TWO CLASSES. CLASS A DEPENDENTS INCLUDE THE ENLISTED MAN'S WIFE OR CHILD, AND AS TO THOSE DEPENDENTS, THERE IS NO REQUIREMENT THAT THERE BE A SHOWING OF ACTUAL DEPENDENCY. SECTION 104 OF THE ACT PROVIDES THAT THE ALLOWANCES "SHALL BE GRANTED AND PAID * * * TO THE CLASS A DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS.' AS WAS STATED IN DECISION OF APRIL 14, 1943, 22 COMP. GEN. 955, 965,"THE EFFECT OF THESE PROVISIONS IS TO REMOVE FROM CONSIDERATION QUESTIONS OF ACTUAL DEPENDENCY WITH RESPECT TO AN ENLISTED MAN'S WIFE OR CHILD. IN OTHER WORDS, THE LAW PRESUMES THAT SUCH PERSONS ARE ACTUALLY DEPENDENT UPON THE ENLISTED MAN AFTER A SATISFACTORY SHOWING THAT THE RELATIONSHIP EXISTS.' THUS, THE SITUATION INSOFAR AS CLASS A DEPENDENTS ARE CONCERNED IS THE SAME AS THAT WITH RESPECT TO PROVISIONS AUTHORIZING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES FOR A WIFE OR CHILD. FOR THE REASONS STATED IN ANSWER TO QUESTIONS (1) AND (2), THE HUSBAND OF A WOMAN MEMBER OF THE WOMEN'S ARMY CORPS MAY NOT BE CONSIDERED A DEPENDENT WITHIN THE MEANING OF THE STATUTE. AS TO CHILDREN THE STATEMENTS MADE IN ANSWER TO QUESTIONS (1) AND (2) WITH RESPECT TO CHILDREN BEING DEPENDENT UPON A MEMBER OF THE WOMEN'S ARMY CORPS FOR THE PURPOSE OF INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ARE APPLICABLE. THAT IS, IF A MEMBER OF THE WOMEN'S ARMY CORPS HAS A CHILD WHOSE FATHER IS DECEASED AND SHE IS NOT REMARRIED, SAID CHILD WOULD BE ENTITLED TO THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, IF OTHERWISE WITHIN THE TERMS OF THE STATUTE. ALSO, IF THE FATHER OF SAID CHILD IS NOT DECEASED BUT, BECAUSE OF CIRCUMSTANCES, THE CHILD IS IN FACT DEPENDENT UPON ITS MOTHER, THE CHILD WOULD BE ENTITLED TO THE BENEFITS OF SAID ACT.

CLASS B DEPENDENTS INCLUDE THE PARENT, GRANDPARENT, BROTHER OR SISTER OF THE ENLISTED MAN "WHO IS FOUND BY THE SECRETARY OF THE DEPARTMENT CONCERNED TO BE DEPENDENT UPON SUCH ENLISTED MAN FOR A SUBSTANTIAL PORTION OF HIS SUPPORT.' SINCE THE BENEFITS AUTHORIZED BY THAT PORTION OF THE LAW ARE PAYABLE ONLY AFTER A SHOWING OF SUBSTANTIAL DEPENDENCY, A MEMBER OF THE WOMEN'S ARMY CORPS WHO CAN ESTABLISH THAT SUCH DEPENDENCY ACTUALLY EXISTS WITH RESPECT TO A RELATIVE MENTIONED IN THE STATUTE REASONABLY WOULD BE IN THE SAME SITUATION AS AN ENLISTED MAN IN THE SERVICE WHO ESTABLISHED SUCH A DEPENDENCY RELATIONSHIP. THEREFORE, IT IS CONCLUDED THAT CLASS B DEPENDENTS OF A MEMBER OF THE WOMEN'S ARMY CORPS MAY RECEIVE THE BENEFITS AUTHORIZED BY THE SAID ACT OF JUNE 23, 1942, IF OTHERWISE WITHIN THE PROVISIONS OF THAT ACT. YOUR QUESTION (4) IS ANSWERED ACCORDINGLY.

(5) MAY THE SIX MONTHS' DEATH GRATUITY AUTHORIZED BY THE ACT OF 17 DECEMBER 1919, AS AMENDED, BE PAID TO BENEFICIARIES OF OFFICERS AND ENLISTED PERSONNEL OF THE WAC OTHERWISE ENTITLED THERETO?

INSOFAR AS HERE MATERIAL, THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 766, AND THE ACT OF MARCH 2, 1923, 42 STAT. 1385, AS CODIFIED IN 10 U.S. CODE 903, PROVIDES:

HEREAFTER, IMMEDIATELY UPON OFFICIAL NOTIFICATION OF THE DEATH FROM WOUNDS OR DISEASE, NOT THE RESULT OF HIS OWN MISCONDUCT, OF ANY OFFICER OR ENLISTED MAN ON THE ACTIVE LIST OF THE REGULAR ARMY OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY, THE CHIEF OF FINANCE OF THE ARMY SHALL CAUSE TO BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THE SECRETARY OF WAR SHALL ESTABLISH REGULATIONS REQUIRING EACH OFFICER AND ENLISTED MAN HAVING NO WIFE OR CHILD TO DESIGNATE THE PROPER DEPENDENT RELATIVE TO WHOM THIS AMOUNT SHALL BE PAID IN CASE OF HIS DEATH. SAID AMOUNT SHALL BE PAID FROM FUNDS APPROPRIATED FOR THE PAY OF THE ARMY: * * * AND PROVIDED FURTHER, THAT NONE OF THE FUNDS APPROPRIATED FOR THE PURPOSES OF THIS SECTION SHALL BE USED FOR THE PAYMENT OF SUCH SIX MONTHS' PAY TO ANY MARRIED CHILD OR UNMARRIED CHILD OVER TWENTY-ONE YEARS OF AGE OF A DECEASED OFFICER OR ENLISTED MAN WHO IS NOT ACTUALLY A DEPENDENT OF SUCH DECEASED OFFICER OR ENLISTED MAN. * * * THE PROVISIONS OF THAT ACT WERE MADE APPLICABLE TO DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE ARMY OF THE UNITED STATES BY THE ACT OF DECEMBER 10, 1941, 55 STAT. 796.

THE ACT OF DECEMBER 17, 1919, AS AMENDED, AUTHORIZES PAYMENT OF A GRATUITY TO CERTAIN RELATIVES OF A DECEASED OFFICER OR ENLISTED MAN. SUCH GRATUITY IS TO BE PAID TO THE WIDOW AND, IF NO WIDOW, TO THE CHILD OR CHILDREN, AND IF NO WIDOW OR CHILD, TO "ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM.' SAID PAYMENTS ARE MADE TO THE WIDOW OR, IF NO WIDOW, TO THE THE CHILD OR CHILDREN, MERELY UPON A SHOWING OF THE RELATIONSHIP AND, WITH RESPECT TO "ANY OTHER DEPENDENT RELATIVE * * * PREVIOUSLY DESIGNATED," IT WAS HELD IN DECISION DATED JULY 30, 1942, 22 COMP. GEN. 85, THAT NO SHOWING OF ACTUAL DEPENDENCY WAS REQUIRED BY THE STATUTE AND THAT SUCH PAYMENTS LEGALLY COULD BE MADE TO A PREVIOUSLY DESIGNATED RELATIVE WHO HAD AN INSURABLE INTEREST IN THE DECEASED. WHILE NO ACTUAL FINANCIAL DEPENDENCY ORDINARILY WOULD EXIST, THERE IS NO QUESTION THAT A HUSBAND HAS AN INSURABLE INTEREST IN HIS WIFE AND, HENCE, COMES WITHIN THE GENERAL SCOPE OF THE STATUTE. HOWEVER, THE QUESTION ARISES AS TO WHETHER THE SURVIVING HUSBAND OF THE DECEASED MEMBER OF THE WOMEN'S ARMY CORPS SHOULD BE CONSIDERED IN THE SAME POSITION AS A WIDOW OF A DECEASED OFFICER OR ENLISTED MAN, OR WHETHER HE SHOULD BE INCLUDED IN THE THIRD CLASS ENTITLED TO BENEFITS UNDER THE STATUTE, THAT IS,"ANY OTHER DEPENDENT RELATIVE * * * PREVIOUSLY DESIGNATED.' OBVIOUSLY, THE STATUTE WAS ENACTED WITH RELATIVES OF MALE MEMBERS OF THE REGULAR ARMY IN MIND AND THE LANGUAGE EMPLOYED IS PARTICULARLY APPLICABLE TO SUCH RELATIVES. HOWEVER, THE STATUE HAS BEEN MADE APPLICABLE TO NURSES (ACT OF MARCH 8, 1928, 45 STAT. 249) AND NOW HAS BEEN MADE APPLICABLE TO MEMBERS OF THE WOMEN'S ARMY CORPS. BEING PAYABLE UPON THE DEATH OF THE PERSON CONCERNED, THE PAYMENT AUTHORIZED IS IN THE NATURE OF AN INSURANCE PAYMENT. THE ACT OF DECEMBER 17, 1919, WAS PRECEDED BY THE ACT OF MAY 11, 1908, 35 STAT. 108, WHICH WAS REPEALED AT THE BEGINNING OF THE FIRST WORLD WAR BY THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 408. CONSIDERING THE APPARENT PURPOSE OF THE STATUTE TO AUTHORIZE A GRATUITY PAYABLE FIRST TO THE NEAR RELATIVE OF THE DECEASED WHO GENERALLY WOULD SUFFER THE MOST IMMEDIATE LOSS INCIDENT TO THE DEATH, THE CASE OF A DECEASED MEMBER OF THE WOMEN'S ARMY CORPS SURVIVED BY A HUSBAND REASONABLY MAY BE VIEWED AS ANALOGOUS OR AS A "LIKE" CASE TO THAT OF A DECEASED OFFICER OR ENLISTED MAN SURVIVED BY A WIDOW. ON THAT BASIS IT IS CONCLUDED THAT A SURVIVING HUSBAND OF A DECEASED MEMBER OF THE WOMEN'S ARMY CORPS WOULD BE ENTITLED TO PAYMENT UNDER THE STATUTE TO THE EXCLUSION OF OTHER RELATIVES. IF IT WERE HELD OTHERWISE, IN ALL CASES WHERE A WOMAN MEMBER IS SURVIVED BY BOTH HUSBAND AND INFANT CHILDREN, THE HUSBAND WOULD BE EXCLUDED AND THE AMOUNT COULD BE PAID ONLY TO THE CHILDREN, UNDER GUARDIANSHIP, AND THAT COULD NOT BE CHANGED EVEN BY THE MEMBER'S PRIOR DESIGNATION OF HER HUSBAND AS BENEFICIARY. IT IS DIFFICULT TO READ THAT INTENT IN THE STATUTE IN APPLYING ITS TERMS BY ANALOGY TO WOMEN PERSONNEL IN THE SERVICE. HOWEVER, AS THE STATUTE DOES NOT EXPRESSLY MENTION A SURVIVING HUSBAND OR WIDOWER, OR IN TERMS MAKE HIM A PREFERRED PAYEE, HAVING BEEN ENACTED FOR MALE PERSONNEL, THE MATTER IS NOT FREE FROM DOUBT AND, IF CONTESTED, THE COURTS MIGHT DECIDE THAT A CHILD OR A DESIGNATED BENEFICIARY TOOK PRECEDENCE OVER THE HUSBAND, RESULTING IN POSSIBLE DOUBLE PAYMENTS OF THE GRATUITY. TO OBVIATE SUCH POSSIBILITY, IT IS SUGGESTED THAT ADMINISTRATIVE ACTION BE TAKEN BY YOUR DEPARTMENT TOWARD OBTAINING LEGISLATION TO FIX DEFINITELY THE PERSON TO BE PAID IN SUCH CASES. SEE, IN THIS CONNECTION, A DECISION OF AUGUST 26, 1943, B 36362, 23 COMP. GEN. 140, CONCERNING A SOMEWHAT SIMILAR SITUATION WITH RESPECT TO THE TRAVEL ALLOWANCE TO BE PAID DISCHARGED MEMBERS OF THE WOMEN'S ARMY CORPS WHO PREVIOUSLY HAD BEEN MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS.

(6) IF YOUR ANSWER TO QUESTION (1) IS IN THE AFFIRMATIVE, MAY A WAC OFFICER BE PAID INCREASED ALLOWANCES FOR RENTAL AND SUBSISTENCE ON ACCOUNT OF A HUSBAND AS IF THE WORD "WIFE," AS USED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 INCLUDES HUSBAND. IF NOT, WOULD THE ANSWER BE DIFFERENT IF THE HUSBAND WERE DEPENDENT IN FACT UPON THE WAC OFFICER?

(7) IF YOUR ANSWER TO QUESTION (2) IS IN THE AFFIRMATIVE, MAY ENLISTED PERSONNEL OF APPROPRIATE GRADES OF THE WAC BE PAID THE MONETARY ALLOWANCES IN LIEU OF QUARTERS ON ACCOUNT OF A HUSBAND AS IF THE WORD "WIFE" AS USED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 INCLUDES HUSBAND? NOT, WOULD THE ANSWER BE DIFFERENT IF THE HUSBAND WERE DEPENDENT IN FACT UPON THE ENLISTED MEMBER OF THE WAC?

(8) IF YOUR ANSWER TO QUESTION (3) IS IN THE AFFIRMATIVE, MAY A WAC OFFICER OR A WAC MEMBER OF THE APPROPRIATE ENLISTED GRADE BE PAID FOR THE TRANSPORTATION OF A HUSBAND AS IF THE WORD "WIFE" AS USED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 INCLUDES HUSBAND? IF NOT, WOULD THE ANSWER BE DIFFERENT IF SAID HUSBAND WERE DEPENDENT IN FACT UPON SAID OFFICER OR ENLISTED MEMBER?

(9) IF YOUR ANSWER TO QUESTION (4) IS IN THE AFFIRMATIVE, MAY A HUSBAND OF AN ENLISTED MEMBER OF APPROPRIATE GRADE OF THE WAC BE PAID FAMILY ALLOWANCES UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 AS IF THE WORD "WIFE" AS USED IN SAID ACT INCLUDES HUSBAND AS ONE OF THE CLASS A DEPENDENTS ENTITLED TO SAID FAMILY ALLOWANCE? IF NOT, WOULD THE ANSWER BE DIFFERENT IF THE HUSBAND WERE DEPENDENT IN FACT UPON SAID WAC ENLISTED MEMBER? NEITHER SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942 NOR THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 INCLUDES A HUSBAND AS A DEPENDENT AND THERE APPEARS NO BASIS TO DEDUCE A LEGISLATIVE INTENT TO AUTHORIZE PAYMENT OF DEPENDENCY ALLOWANCES UNDER THOSE STATUTES ON ACCOUNT OF A HUSBAND. SEE THE ANSWER TO QUESTIONS (1), (2), (3) AND (4). THEREFORE, QUESTIONS (6), (7), (8) AND (9) ARE ANSWERED IN THE NEGATIVE.

(10) IF YOUR ANSWER TO QUESTION (5) IS IN THE AFFIRMATIVE, MAY THE SIX MONTHS' DEATH GRATUITY AUTHORIZED TO BE PAID BY THE ACT OF 17 DECEMBER 1919, AS AMENDED, BE PAID TO THE HUSBAND OF A WAC OFFICER OR ENLISTED MEMBER AS IF THE WORD "WIDOW" AS USED IN SAID ACT INCLUDES A WIDOWER? (11) IF YOUR ANSWER TO QUESTION (10) IS IN THE NEGATIVE, MAY THE HUSBAND OF A WAC OFFICER OR ENLISTED MEMBER BE PAID THE DEATH GRATUITY UNDER THE ACT OF 17 DECEMBER 1919, AS AMENDED, IF PREVIOUSLY DESIGNATED AS A BENEFICIARY UNDER SAID ACT?

(12) IF YOUR ANSWER TO QUESTION (11) IS IN THE AFFIRMATIVE, WILL DEPENDENCY IN FACT OF SAID HUSBAND HAVE TO BE SHOWN, OR WILL THE INSURABLE INTEREST OF THE HUSBAND IN SAID WIFE SUPPORT PAYMENT WITHOUT ANY SHOWING OF DEPENDENCY UNDER THE PRINCIPLES SET FORTH IN YOUR DECISION OF 30 JULY 1942, B-25657?

THESE QUESTIONS ARE ANSWERED IN THE ANSWER TO QUESTION (5) AND APPEAR TO REQUIRE NO FURTHER DISCUSSION.

(13) IF YOUR ANSWER TO QUESTION (1) IS IN THE AFFIRMATIVE, WOULD AN OFFICER OF THE WAC BE ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES FOR DEPENDENTS ON ACCOUNT OF A MINOR CHILD OR CHILDREN---

(A) IF HER HUSBAND IS SERVING IN THE ARMED FORCES AND DRAWING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF DEPENDENTS UNDER THE PAY READJUSTMENT ACT OF 1942?

(B) IF THE HUSBAND IS NOT SERVING IN THE ARMED FORCES AND IS UNABLE TO SUPPORT SUCH CHILD OR CHILDREN?

(C) IF THE HUSBAND IS EMPLOYED IN CIVILIAN OCCUPATION AND ABLE TO SUPPORT SAID CHILD OR CHILDREN?

(D) IF THE HUSBAND IS DECEASED?

(E) IF THE WAC OFFICER AND HUSBAND ARE DIVORCED?

IN ANSWER TO QUESTIONS (1) AND (2) IT WAS STATED THAT IF THE HUSBAND OF A MEMBER OF THE WOMEN'S ARMY CORPS IS DECEASED AND SHE IS NOT REMARRIED HER CHILD MAY BE CONSIDERED A DEPENDENT FOR INCREASED ALLOWANCE PURPOSES, AND, LIKEWISE, IF BECAUSE OF FACTS IN A PARTICULAR CASE, SAID CHILD IS IN FACT DEPENDENT UPON HIS MOTHER, A MEMBER OF THE WOMEN'S ARMY CORPS, EVEN IF HER HUSBAND IS NOT DECEASED. IF THE HUSBAND OF A MEMBER OF THE WOMEN'S ARMY CORPS IS IN THE ARMED FORCES AND DRAWING INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF DEPENDENTS, THE CHILD OR CHILDREN MAY NOT BE REGARDED AS DEPENDENT UPON THE MOTHER. THAT IS EQUALLY TRUE UNDER THE CIRCUMSTANCES STATED IN SUBQUESTION (C). IF THE WOMEN'S ARMY CORPS OFFICER AND HER HUSBAND ARE DIVORCED THAT, AT LEAST ORDINARILY, WOULD NOT REMOVE THE FATHER'S OBLIGATION TO SUPPORT HIS CHILD AND, THEREFORE, IN THE ABSENCE OF AN AFFIRMATIVE SHOWING THAT THE RESPONSIBILITY OF SUPPORT HAD BEEN SHIFTED TO THE MOTHER, A DIVORCED OFFICER OF THE WOMEN'S ARMY CORPS WOULD NOT BE ENTITLED TO INCREASED ALLOWANCES ON ACCOUNT OF A CHILD. IS ANTICIPATED THAT THE CASES IN WHICH THE HUSBAND OF AN OFFICER OF THE WOMEN'S ARMY CORPS IS NOT ABLE TO SUPPORT HER CHILD OR CHILDREN, OR CANNOT BE REQUIRED TO PROVIDE SUCH SUPPORT, WILL BE RARE. IF SUCH A STATUS IS ESTABLISHED, THE SITUATION OF THE OFFICER OF THE WOMEN'S ARMY CORPS MAY BE CONSIDERED LIKE THAT OF A MALE OFFICER IN THE SERVICE INSOFAR AS THE PAYMENT OF DEPENDENCY ALLOWANCES IS CONCERNED. QUESTION (13) IS ANSWERED ACCORDINGLY.

(14) IF QUESTION (6) IS ANSWERED IN THE AFFIRMATIVE---

(A) WOULD AN OFFICER OF THE WAC BE ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF A HUSBAND IF THE HUSBAND IS SERVING IN THE ARMED FORCES AND DRAWING DEPENDENCY ALLOWANCES FOR A CHILD OR CHILDREN?

(B) WOULD AN OFFICER OR ENLISTED MAN BE ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR MONETARY ALLOWANCES IN LIEU OF QUARTERS FOR A WIFE WHO IS A MEMBER OF THE WAC AND DRAWING ALLOWANCES ON ACCOUNT OF A CHILD OR CHILDREN?

AS QUESTION (6) WAS ANSWERED IN THE NEGATIVE, THIS QUESTION REQUIRES NO ANSWER. HOWEVER, SEE THE ANSWER TO QUESTIONS (1) AND (2) AND, WITH RESPECT TO SUBQUESTION (B), IT MAY BE STATED GENERALLY THAT AN OFFICER OR ENLISTED MAN IS NOT ENTITLED TO INCREASED ALLOWANCES FOR A WIFE WHO IS MEMBER OF THE WOMEN'S ARMY CORPS. SEE 22 COMP. GEN. 955, ANSWER TO QUESTIONS (4), (5), (10) AND (13).

(15) IF QUESTION (7) IS ANSWERED IN THE AFFIRMATIVE---

(A) WOULD AN ENLISTED MEMBER OF APPROPRIATE GRADE OF THE WAC BE ENTITLED TO MONETARY ALLOWANCES IN LIEU OF QUARTERS ON ACCOUNT OF A HUSBAND IF THE HUSBAND IS SERVING IN THE ARMED FORCES AND DRAWING DEPENDENCY ALLOWANCES FOR A CHILD OR CHILDREN?

AS QUESTION (7) WAS ANSWERED IN THE NEGATIVE, THIS QUESTION REQUIRES NO ANSWER. HOWEVER, SEE THE ANSWER TO QUESTIONS (1) AND (2).

(16) IF AN OFFICER OR ENLISTED MAN AND A WAC OFFICER OR ENLISTED MEMBER WERE MARRIED AND HAD TWO CHILDREN, MAY EACH CLAIM ONE CHILD AS A DEPENDENT TO SUPPORT CLAIM FOR INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS?

IN VIEW OF THE ANSWER TO QUESTIONS (1) AND (2) THIS QUESTION IS ANSWERED IN THE NEGATIVE. UNDER THE CIRCUMSTANCES STATED THE WAC OFFICER OR ENLISTED MEMBER WOULD NOT BE ENTITLED TO INCREASED ALLOWANCES. SEE THE ANSWER TO QUESTION (13).

(17) IS AN OFFICER OR ENLISTED MAN OF THE FIRST THREE GRADES ENTITLED TO INCREASED RENTAL OR SUBSISTENCE ALLOWANCES OR MONETARY ALLOWANCES IN LIEU OF QUARTERS FOR DEPENDENTS ON ACCOUNT OF A WIFE---

(A) IF THE WIFE IS SERVING IN THE WAC AND IS FURNISHED QUARTERS AT GOVERNMENT EXPENSE OR MONETARY ALLOWANCES IN LIEU THEREOF?

(B) IF THE DEPENDENTS INCLUDE A MINOR CHILD OR CHILDREN?

SUBQUESTION (A) IS ANSWERED IN THE NEGATIVE. SEE ANSWER TO QUESTION (14) (B) AND 22 COMP. GEN. 955, ANSWER TO QUESTIONS (4), (5), (10) AND (13). SUBQUESTION (B) IS NOT ENTIRELY CLEAR. IF THE QUESTION WAS INTENDED TO PRESENT THE SITUATION OF AN OFFICER OR ENLISTED MAN WHOSE WIFE IS IN THE WOMEN'S ARMY CORPS AND WHO ALSO HAS A DEPENDENT CHILD OR CHILDREN AS DEFINED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, IT MAY BE ANSWERED BY SAYING THAT UNDER SUCH CIRCUMSTANCES THE FACT THAT HIS WIFE IS SERVING IN THE WOMEN'S ARMY CORPS WOULD NOT PRECLUDE PAYMENT TO HIM OF INCREASED ALLOWANCES OTHERWISE AUTHORIZED ON ACCOUNT OF A DEPENDENT CHILD. SEE 22 COMP. GEN. 955, ANSWER TO QUESTIONS (4), (5) AND (13).

(18) IF YOUR ANSWER TO QUESTION (4) IS IN THE AFFIRMATIVE WOULD THE FAMILY ALLOWANCES PRESCRIBED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 BE PAYABLE TO THE CHILD OR CHILDREN OF THE ENLISTED MEMBER OF THE WAC---

(A) IF THE HUSBAND IS SERVING AS AN OFFICER OR ENLISTED MAN AND ENTITLED TO ALLOWANCES FOR DEPENDENTS ON ACCOUNT OF A MINOR CHILD OR CHILDREN?

(B) IF THE HUSBAND IS EMPLOYED IN A CIVILIAN CAPACITY AND ABLE TO SUPPORT SAID CHILDREN?

(C) IF THE HUSBAND IS UNABLE TO SUPPORT SAID CHILD OR CHILDREN AND NO OTHER MEANS FOR THEIR SUPPORT ARE AVAILABLE?

(D) WHERE HUSBAND IS SERVING AS AN ENLISTED MAN OF THE LOWER FOUR GRADES AND HIS WAC WIFE IS RECEIVING THE FAMILY ALLOWANCE, MAY THE WAC OF THE APPROPRIATE GRADES MAKE A FAMILY ALLOWANCE FOR DEPENDENTS, EITHER CLASS A OR CLASS B?

IN VIEW OF THE ANSWER TO QUESTION (4) SUBQUESTIONS (A) AND (B) ARE ANSWERED IN THE NEGATIVE. SUBQUESTION (C) IS ANSWERED BY SAYING THAT IF IT CAN BE ESTABLISHED BY SATISFACTORY EVIDENCE THAT THE CHILD IS IN FACT DEPENDENT UPON THE ENLISTED MEMBER OF THE WOMEN'S ARMY CORPS, SUCH CHILD WOULD BE ENTITLED TO THE BENEFITS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. SUBQUESTION (D), INSOFAR AS IT RELATES TO CLASS A DEPENDENTS, IS ANSWERED IN THE NEGATIVE. SEE THE FIRST PARAGRAPH OF THE ANSWER TO QUESTION (4). RESPECTING CLASS B DEPENDENTS, THE FAMILY ALLOWANCES WOULD BE AUTHORIZED IF DEPENDENCY IS ESTABLISHED AS PROVIDED IN THE SAID SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. SEE THE SECOND PARAGRAPH OF THE ANSWER TO QUESTION (4).

(19) IF YOUR ANSWER TO QUESTION (3) IS IN THE AFFIRMATIVE, MAY A WAC OFFICER OR ENLISTED MEMBER OF APPROPRIATE GRADE CLAIM DEPENDENT ALLOWANCES ON ACCOUNT OF THE TRANSPORTATION OF---

(A) A HUSBAND NOT IN THE ARMED SERVICES?

(B) CHILDREN WHERE THE HUSBAND IS LIVING?

(C) CHILDREN IF THE HUSBAND IS IN THE ARMED SERVICES?

(D) HUSBAND IF IN THE ARMED SERVICES AND DRAWING INCREASED ALLOWANCES ON ACCOUNT OF SAID CHILD OR CHILDREN?

(20) IF YOUR ANSWER TO QUESTION (3) IS IN THE AFFIRMATIVE, MAY A WAC OFFICER OR ENLISTED MEMBER OF THE APPROPRIATE GRADE, WHO IS MARRIED TO AN OFFICER OR ENLISTED MAN OF APPROPRIATE GRADE FOR DEPENDENT TRANSPORTATION, ELECT TO RECEIVE REIMBURSEMENT FOR TRANSPORTATION OF ONE CHILD AND THE HUSBAND BE REIMBURSED FOR THE TRANSPORTATION OF ANOTHER CHILD UNDER CIRCUMSTANCES WHERE DEPENDENT TRANSPORTATION IS AUTHORIZED BY LAW?

(21) IF YOUR ANSWER TO QUESTION (3) IS IN THE AFFIRMATIVE, WHERE A WAC OFFICER OR ENLISTED MEMBER OF APPROPRIATE GRADE WHO IS MARRIED TO AN OFFICER OR ENLISTED MAN OF APPROPRIATE GRADE FOR DEPENDENT TRANSPORTATION IS TRANSFERRED TO A DIFFERENT STATION, MAY THE WAC WIFE CLAIM REIMBURSEMENT FOR TRANSPORTATION OF A CHILD OR CHILDREN TO HER PERMANENT STATION---

(A) WHERE THE CHILDREN WERE RESIDING WITH THEIR PARENTS?

(B) WHERE THE CHILDREN WERE NOT RESIDING WITH THEIR PARENTS?

QUESTIONS (19), (20) AND (21) ARE ANSWERED IN THE NEGATIVE, EXCEPT THAT WITH RESPECT TO 19 (B), TRANSPORTATION OF THE CHILDREN AS DEPENDENTS WOULD BE AUTHORIZED WHERE IT IS ESTABLISHED THAT SUCH CHILDREN ARE IN FACT DEPENDENT ON THE MOTHER. SEE THE ANSWER TO QUESTION (3).

(22) MAY A WAC OFFICER OR ENLISTED MEMBER MARRIED TO AN OFFICER OR ENLISTED MAN IN THE ARMED SERVICES WAIVE HER RIGHT TO ALLOWANCES OR MONETARY ALLOWANCES IN LIEU OF QUARTERS, OR REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS, IN FAVOR OF HER HUSBAND AND ALLOW HIM TO DRAW SAID INCREASED ALLOWANCES, OR MAY THE HUSBAND LIKEWISE WAIVE HIS RIGHT TO SUCH ALLOWANCES IN FAVOR OF THE WIFE?

THE ALLOWANCES AUTHORIZED TO BE PAID TO MEMBERS OF THE WOMEN'S ARMY CORPS AND TO MALE OFFICERS AND ENLISTED MEN ARE FIXED BY STATUTE. IF THE SITUATION OF THE PERSON CONCERNED MEETS THE CONDITIONS OF THE STATUTES, HE OR SHE IS ENTITLED TO THE AMOUNT AUTHORIZED. IT APPEARS TO BE SETTLED THAT THE ATTEMPTED WAIVER OF SUCH STATUTORY RIGHTS DOES NOT ESTOP THE PERSON FROM LATER RECOVERING THE AMOUNTS INVOLVED, THE COURTS HAVING HELD THAT SUCH RIGHT MAY NOT BE WAIVED. SEE DECISION DATED AUGUST 17, 1943, B- 35874, 23 COMP. GEN. 109, AND CASES CITED THEREIN. ACCORDINGLY, PURPORTED WAIVER BY EITHER THE HUSBAND OR WIFE OF A RIGHT TO ALLOWANCES WILL NOT BE RECOGNIZED BY THIS OFFICE AS HAVING ANY EFFECT UPON THE BENEFITS AUTHORIZED BY THE STATUTE FOR THE SPOUSE IN WHOSE FAVOR THE WAIVER IS ATTEMPTED.