B-45982, APRIL 12, 1945, 24 COMP. GEN. 743

B-45982: Apr 12, 1945

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THE PERIOD DURING WHICH FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE ENTITLED TO PAY AND ALLOWANCES WHILE HOSPITALIZED OR REHOSPITALIZED FOR INJURY SUFFERED OR DISEASE CONTRACTED IN LINE OF DUTY. " IS NOT LIMITED TO THE SIX MONTHS IMMEDIATELY FOLLOWING TERMINATION OF SERVICE. THERE IS NO REQUIREMENT THAT THE FORMER MEMBERS SHALL HAVE BEEN HOSPITALIZED AT THE TIME OF TERMINATION OF SERVICE. REQUESTING DECISION RELATIVE TO CERTAIN QUESTIONS WHICH HAVE ARISEN RESPECTING THE RIGHTS OF FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF MAY 14. PROVIDES AS FOLLOWS: IF ANY MEMBER OF THE CORPS IS PHYSICALLY INJURED OR OTHERWISE INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY.

B-45982, APRIL 12, 1945, 24 COMP. GEN. 743

PAY AND ALLOWANCES DURING PERIODS OF HOSPITALIZATION OF FORMER WOMEN'S ARMY AUXILIARY CORPS MEMBERS UNDER SECTION 11 OF THE ACT OF MAY 14, 1942, THE PERIOD DURING WHICH FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE ENTITLED TO PAY AND ALLOWANCES WHILE HOSPITALIZED OR REHOSPITALIZED FOR INJURY SUFFERED OR DISEASE CONTRACTED IN LINE OF DUTY," BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER TERMINATION OF SERVICE," IS NOT LIMITED TO THE SIX MONTHS IMMEDIATELY FOLLOWING TERMINATION OF SERVICE, BUT MAY BE ANY SUBSEQUENT SIX-MONTH PERIOD; AND THERE IS NO REQUIREMENT THAT THE FORMER MEMBERS SHALL HAVE BEEN HOSPITALIZED AT THE TIME OF TERMINATION OF SERVICE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF WAR, APRIL 12, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 24, 1944, REQUESTING DECISION RELATIVE TO CERTAIN QUESTIONS WHICH HAVE ARISEN RESPECTING THE RIGHTS OF FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF MAY 14, 1942, 56 STAT. 280, 281, WHILE HOSPITALIZED FOR INJURY SUFFERED OR DISEASE CONTRACTED IN LINE OF DUTY.

THE SAID SECTION 11 OF THE ACT OF MAY 14, 1942, PROVIDES AS FOLLOWS:

IF ANY MEMBER OF THE CORPS IS PHYSICALLY INJURED OR OTHERWISE INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY, WHILE ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY OR WHILE ENGAGED IN AUTHORIZED TRAVEL WITH OR WITHOUT PAY, OR IF ANY MEMBER DIES AS THE RESULT OF SUCH PHYSICAL INJURY OR OTHER INCAPACITY, SHE OR HER BENEFICIARY SHALL BE ENTITLED TO ALL THE BENEFITS PRESCRIBED BY LAW FOR CIVILIAN EMPLOYEES OF THE UNITED STATES WHO ARE PHYSICALLY INJURED WHILE IN THE PERFORMANCE OF DUTY OR WHO DIE AS A RESULT THEREOF, AND THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION SHALL HAVE JURISDICTION IN SUCH CASES AND SHALL PERFORM THE SAME DUTIES WITH REFERENCE THERETO AS IN THE CASES OF OTHER CIVILIAN EMPLOYEES OF THE UNITED STATES SO INJURED OR OTHERWISE INCAPACITATED: PROVIDED, THAT THE BENEFITS SHALL ACCRUE TO ANY SUCH MEMBER OR HER BENEFICIARY WHETHER THE DISABILITY OR DEATH IS THE RESULT OF SICKNESS OR DISEASE CONTRACTED IN LINE OF DUTY, WHILE ON ACTIVE DUTY, WHEN SUCH SICKNESS OR DISEASE IS PROXIMATELY CAUSED BY SERVICE ON ACTIVE DUTY: PROVIDED FURTHER, THAT EMPLOYEES' COMPENSATION UNDER THIS ACT SHALL NOT BE PAID CONCURRENTLY WITH ACTIVE DUTY PAY OR PENSION BASED UPON ACTIVE SERVICE: AND PROVIDED FURTHER, THAT FOR THE PURPOSE OF DETERMINING THE BENEFITS TO WHICH THEY ARE ENTITLED UNDER THE PROVISIONS OF THIS ACT, MEMBERS OF THE CORPS PHYSICALLY INJURED OR OTHERWISE INCAPACITATED WHEN ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY WILL BE HELD AND CONSIDERED AS RECEIVING THE PAY AND ALLOWANCES THEY WOULD HAVE RECEIVED IF IN A PAY STATUS.

THE SECRETARY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, MAY AUTHORIZE AND REQUIRE THE HOSPITALIZATION, MEDICAL AND SURGICAL TREATMENT, AND DOMICILIARY CARE SO LONG AS ANY OR ALL ARE NECESSARY OF MEMBERS OF THE CORPS INJURED AS HEREINABOVE SET OUT AND THE SECRETARY IS AUTHORIZED TO INCUR OBLIGATIONS WITH RESPECT THERETO WITHOUT REFERENCE TO THEIR LINE OF DUTY STATUS: PROVIDED, THAT THIS SHALL NOT APPLY TO MEMBERS OF THE CORPS WHO ARE TREATED IN PRIVATE HOSPITALS OR BY CIVILIAN PHYSICIANS WHILE ON FURLOUGHS OR LEAVES OF ABSENCE IN EXCESS OF TWENTY-FOUR HOURS. MEMBERS OF THE CORPS WHO SUFFER INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY OR WHILE ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY MAY PRESCRIBE, BE ENTITLED AT GOVERNMENT EXPENSE TO SUCH HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE IN HOSPITAL AND AT THEIR HOMES AS IS NECESSARY FOR THE APPROPRIATE TREATMENT OF SUCH INJURY OR DISEASE UNTIL DISCHARGED FROM SERVICE, RELEASED FROM ACTIVE DUTY, OR RELEASED FROM AUTHORIZED TRAINING WITHOUT PAY AND DURING SUCH TIME THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF SERVICE IF ON ACTIVE DUTY WITH PAY, TO THE PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED AND TO THE NECESSARY TRANSPORTATION INCIDENT TO SUCH HOSPITALIZATION, REHOSPITALIZATION, AND RETURN TO THEIR HOMES WHEN DISCHARGED FROM HOSPITAL AND SUCH PAY AND ALLOWANCES SHALL BE IN LIEU OF MONTHLY COMPENSATION PAYABLE UNDER THE FIRST PARAGRAPH OF THIS SECTION, DURING THE PERIOD COVERED THEREBY; AND FOR ANY PERIOD OF HOSPITALIZATION OR REHOSPITALIZATION WHEN THEY ARE NOT ENTITLED TO PAY AND ALLOWANCES UNDER THE PRECEDING PROVISION THEY SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. IN THE EVENT ANY MEMBER OF THE CORPS DIES DURING HER PERIOD OF ENLISTMENT OR APPOINTMENT THE NECESSARY EXPENSE FOR THE RECOVERY OF THE BODY, ITS PREPARATION FOR BURIAL, INCLUDING THE USE OF SUCH OF THE UNIFORM AND ARTICLES OF CLOTHING ISSUED TO HER AS MAY BE REQUIRED, INTERMENT OR CREMATION, AND TRANSPORTATION OF REMAINS, INCLUDING ROUND- TRIP TRANSPORTATION AND SUBSISTENCE OF AN ESCORT TO HER HOME OR THE PLACE WHERE SHE RECEIVED ORDERS OR ENROLLED OR WAS APPOINTED, OR TO SUCH OTHER PLACE AS HER RELATIVES MAY DESIGNATE PROVIDED THE DISTANCE TO SUCH OTHER PLACE BE NOT GREATER THAN THE DISTANCE TO HER HOME, SHALL BE PAID BY THE UNITED STATES: PROVIDED, FURTHER, THAT IF THE DEATH OF THE MEMBER OCCURS AS A RESULT OF AN INJURY IN LINE OF DUTY WHILE ON ACTIVE DUTY, WHILE ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY, OR WHILE ENGAGED IN AUTHORIZED TRAVEL WITH OR WITHOUT PAY, AND WHILE SUCH MEMBER IS ENTITLED TO RECEIVE THE BENEFITS OF THE ACT OF SEPTEMBER 7, 1916, THE FUNERAL AND BURIAL EXPENSES SHALL BE PROVIDED BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF SEPTEMBER 7, 1916, AS AMENDED (5 U.S.C. 761), AND IN ADDITION TO THE AUTHORITY CONTAINED IN THAT SECTION, THE COMMISSION MAY EMBALM AND TRANSPORT THE BODY, IN A HERMETICALLY SEALED CASKET IF NECESSARY, TO THE HOME OF THE MEMBER.

THE QUESTIONS INVOLVED ARE STATED IN YOUR LETTER AS FOLLOWS:

1. DOES "THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF SERVICE IF ON ACTIVE DUTY WITH PAY" HAVE REFERENCE TO THE SIX MONTHS IMMEDIATELY FOLLOWING TERMINATION OF SERVICE, OR DOES IT HAVE REFERENCE TO ANY SIX MONTHS SUBSEQUENT TO TERMINATION OF SERVICE, COMPRISING ONE OR MORE PERIODS OF HOSPITALIZATION OR REHOSPITALIZATION, REGARDLESS OF WHEN SUCH HOSPITALIZATION IS UNDERGONE?

2. ARE SUCH PAYMENTS AUTHORIZED FOR FORMER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WHO WERE NOT HOSPITALIZED AT THE TIME OF TERMINATION OF SERVICE, BUT WHO SUBSEQUENTLY REQUIRED HOSPITALIZATION OR REHOSPITALIZATION FOR AN INJURY OR DISEASE SUFFERED OR CONTRACTED IN LINE OF DUTY WHILE ON ACTIVE DUTY, AS WELL AS FOR THOSE IN HOSPITAL WHEN SERVICE WAS TERMINATED?

BEFORE CONSIDERING THE SPECIFIC QUESTIONS PRESENTED A BRIEF DISCUSSION OF THE VARIOUS PROVISIONS OF SECTION 11, SUPRA, APPEARS NECESSARY. IT WILL BE NOTED THAT THE FIRST PARAGRAPH OF THE SAID SECTION PROVIDES THAT, BASICALLY, ANY MEMBER OF THE CORPS WHO IS INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY, WHILE ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY, OR WHILE ENGAGED IN AUTHORIZED TRAVEL WITH OR WITHOUT PAY, SHALL BE ENTITLED TO ALL THE BENEFITS PRESCRIBED BY LAW FOR CIVILIAN EMPLOYEES OF THE UNITED STATES UNDER SIMILAR CIRCUMSTANCES AND THAT THE EMPLOYEES' COMPENSATION COMMISSION SHALL HAVE JURISDICTION OVER AND SHALL PERFORM THE SAME DUTIES WITH RESPECT TO SUCH MEMBERS AS IN THE CASES OF OTHER CIVILIAN EMPLOYEES OF THE UNITED STATES SO INCAPACITATED.

THE FIRST SENTENCE OF THE SECOND PARAGRAPH OF SECTION 11 PROVIDES THAT THE SECRETARY OF WAR MAY AUTHORIZE AND REQUIRE THE HOSPITALIZATION, MEDICAL AND SURGICAL TREATMENT, ETC., FOR MEMBERS OF THE CORPS--- WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL--- INCAPACITATED BY INJURY AND WITHOUT REFERENCE TO THEIR LINE OF DUTY STATUS SO LONG AS ANY OR ALL ARE NECESSARY, AND THE SECOND SENTENCE OF SAID PARAGRAPH PROVIDES THAT MEMBERS OF THE CORPS INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY WITH PAY OR WHILE ENGAGED IN AUTHORIZED TRAINING WITHOUT PAY SHALL BE ENTITLED, AT GOVERNMENT EXPENSE, TO SUCH HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE IN HOSPITAL AND AT THEIR HOMES AS IS NECESSARY FOR THE APPROPRIATE TREATMENT OF THE DISEASE OR INJURY "UNTIL DISCHARGED FROM SERVICE, RELEASED FROM ACTIVE DUTY, OR RELEASED FROM AUTHORIZED TRAINING WITHOUT PAY" WITH THE FURTHER PROVISION THAT DURING "THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF SERVICE IF ON ACTIVE DUTY WITH PAY" MEMBERS SO INCAPACITATED SHALL BE ENTITLED TO THE PAY AND ALLOWANCES THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME OF INCAPACITATION.

THE LANGUAGE OF SECTION 11, SUPRA, IS SIMILAR, IN SOME RESPECTS, TO THAT CONTAINED IN THE ACT OF JUNE 15, 1936, 49 STAT. 1507, AUTHORIZING HOSPITALIZATION, MEDICAL CARE AND TREATMENT, ETC., AT GOVERNMENT EXPENSE, FOR MEMBERS OF THE NATIONAL GUARD, THE ORGANIZED RESERVES, THE RESERVE OFFICERS' TRAINING CORPS, AND THE CITIZENS' MILITARY TRAINING CORPS, WHO ARE INCAPACITATED IN LINE OF DUTY IN TIME OF PEACE. THE SAID ACT OF JUNE 15, 1936, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD WHO SUFFER PERSONAL INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE EN ROUTE TO OR FROM OR DURING THEIR ATTENDANCE AT ENCAMPMENTS, MANEUVERS, OR OTHER EXERCISES, OR AT SERVICE SCHOOLS, UNDER THE PROVISIONS OF SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED; MEMBERS OF THE OFFICERS' RESERVE CORPS AND OF THE ENLISTED RESERVE CORPS OF THE ARMY AND MEMBERS OF THE NATIONAL GUARD OF THE UNITED STATES WHO SUFFER INJURY OR CONTRACT DISEASE IN LINE OF DUTY WHILE ON ACTIVE DUTY UNDER PROPER ORDERS IN TIME OF PEACE; AND PERSONS HEREINBEFORE DESCRIBED WHO MAY NOW BE UNDERGOING HOSPITAL TREATMENT AT GOVERNMENT EXPENSE FOR INJURIES SO SUSTAINED; SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED, AT GOVERNMENT EXPENSE, TO SUCH HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE, IN HOSPITAL AND AT THEIR HOMES, AS IS NECESSARY FOR THE APPROPRIATE TREATMENT OF SUCH INJURY OR DISEASE, UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CANNOT BE MATERIALLY IMPROVED BY FURTHER HOSPITALIZATION OR TREATMENT, AND DURING THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION, BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF DUTY OR TRAINING IN ANY CASE TO THE PAY AND ALLOWANCES, WHETHER IN MONEY OR IN KIND, THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME SUCH INJURY WAS SUFFERED OR DISEASE CONTRACTED, AND TO THE NECESSARY TRANSPORTATION INCIDENT TO SUCH HOSPITALIZATION AND REHOSPITALIZATION AND RETURN TO THEIR HOMES WHEN DISCHARGED FROM THE HOSPITAL; AND FOR ANY PERIOD OF HOSPITALIZATION OR REHOSPITALIZATION WHEN THEY ARE NOT ENTITLED TO PAY AND ALLOWANCES UNDER THE PRECEDING PROVISION, THEY SHALL BE ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE. * * *

THE ONLY MATERIAL DIFFERENCE BETWEEN THE PERTINENT PARTS OF THE TWO STATUTES APPEARS ON THE LANGUAGE USED IN DEFINING THE PERIOD DURING WHICH MEMBERS INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY ARE ENTITLED TO HOSPITALIZATION, REHOSPITALIZATION, MEDICAL AND SURGICAL CARE, ETC., UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR. UNDER THE 1936 ACT SUCH BENEFITS ARE AUTHORIZED "UNTIL THE DISABILITY RESULTING FROM SUCH INJURY OR DISEASE CANNOT BE MATERIALLY IMPROVED BY FURTHER HOSPITALIZATION OR TREATMENT," WHEREAS UNDER THE 1942 ACT, SUCH BENEFITS ARE AUTHORIZED "UNTIL DISCHARGED FROM SERVICE, RELEASED FROM ACTIVE DUTY, OR RELEASED FROM AUTHORIZED TRAINING WITHOUT PAY.' EACH STATUTE PROVIDES THAT MEMBERS SO INCAPACITATED SHALL BE ENTITLED DURING "THE PERIOD OF SUCH HOSPITALIZATION OR REHOSPITALIZATION" TO RECEIVE THE PAY AND ALLOWANCES THAT THEY WERE ENTITLED TO RECEIVE AT THE TIME THE INJURY WAS SUFFERED OR THE DISEASE WAS CONTRACTED, SUCH RIGHT TO CONTINUE FOR A PERIOD OF NOT MORE THAN AN AGGREGATE OF SIX MONTHS "AFTER THE TERMINATION OF THE PRESCRIBED TOUR OF ACTIVE DUTY OR TRAINING IN ANY CASE" UNDER THE 1936 STATUTE.

AS ABOVE STATED, THE 1942 ACT LIMITS THE CONTINUANCE OF PAY AND ALLOWANCES TO THE PERIOD OF ,SUCH HOSPITALIZATION OR REHOSPITALIZATION" AND, IF THE QUOTED WORDS BE VIEWED AS REFERRING ONLY TO THE HOSPITALIZATION MENTIONED IN THE IMMEDIATELY PRECEDING PHRASE, THAT IS, HOSPITALIZATION "UNDER SUCH REGULATIONS AS THE SECRETARY MAY PRESCRIBE," IT WOULD SEEM TO FOLLOW THAT THE AUTHORIZED PERIOD FOR CONTINUANCE OF PAY AND ALLOWANCES IS, AT MOST, COEXTENSIVE WITH THE PERIOD OF HOSPITALIZATION --- UNTIL DISCHARGE OR RELEASE FROM SERVICE. HOWEVER, IT IS FURTHER PROVIDED THAT SUCH PAY AND ALLOWANCES SHALL CONTINUE DURING HOSPITALIZATION "BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF SERVICE IF ON ACTIVE DUTY WITH PAY," AND THIS IS FOLLOWED BY A PROVISION THAT SUCH PAY AND ALLOWANCES SHALL BE IN LIEU OF MONTHLY COMPENSATION PAYABLE UNDER THE FIRST PARAGRAPH OF THE SECTION.

NO PROVISION OF LAW HAS BEEN FOUND WHICH EXPRESSLY DENIES TO MEMBERS OF THE CORPS, INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY, THE RIGHT TO RECEIVE FULL PAY AND ALLOWANCES WHILE HOSPITALIZED AT GOVERNMENT EXPENSE UP TO THE TIME OF DISCHARGE OR RELEASE FROM ACTIVE DUTY. HENCE, SINCE THE PROVISION FOR THE CONTINUATION OF PAY AND ALLOWANCES "BUT NOT FOR MORE THAN AN AGGREGATE OF SIX MONTHS AFTER TERMINATION OF SERVICE IF ON ACTIVE DUTY WITH PAY" WAS INTENDED TO CONFER UPON SUCH MEMBERS PAY AND ALLOWANCES ADDITIONAL TO THOSE ACCRUING PRIOR TO "TERMINATION OF SERVICE," PROPER EFFECT CAN BE GIVEN TO SAID PROVISION ONLY IF ITS APPLICATION IS DIRECTED TO THE PERIOD SUBSEQUENT TO SUCH DISCHARGE OR RELEASE FROM ACTIVE DUTY. THEREFORE, GIVING THE PHRASE "AFTER TERMINATION OF SERVICE" ITS USUAL MEANING OF "DISCHARGE" OR "RELEASE," THE PROVISIONS RESPECTING CONTINUANCE OF PAY AND ALLOWANCES MAY BE HARMONIZED TO PROVIDE, IN EFFECT, AN AUTHORIZATION FOR THE CONTINUANCE OF PAY AND ALLOWANCES NOT ONLY DURING THE PERIOD OF HOSPITALIZATION OR REHOSPITALIZATION UP TO DATE OF DISCHARGE OR RELEASE BUT, ALSO, FOR NOT MORE THAN AN AGGREGATE OF SIX MONTHS AFTER DATE OF DISCHARGE, IF OTHERWISE AUTHORIZED UNDER THE STATUTE.

WITH RESPECT TO THE FIRST QUESTION PRESENTED IN YOUR LETTER AS TO WHETHER THE PHRASE "BUT NOT MORE THAN AN AGGREGATE OF SIX MONTHS AFTER THE TERMINATION OF SERVICE" REFERS TO THE SIX MONTHS IMMEDIATELY FOLLOWING TERMINATION OF SERVICE OR TO ONE OR MORE PERIODS OF HOSPITALIZATION AT ANY TIME THEREAFTER, IT MAY BE STATED THAT SINCE, IN THE LIGHT OF THE FOREGOING DISCUSSION OF THE PROVISIONS OF SECTION 11, THE BENEFITS THEREIN AUTHORIZED RESPECTING PAY AND ALLOWANCES WHILE HOSPITALIZED ARE PRACTICALLY IDENTICAL WITH THE BENEFITS PROVIDED UNDER THE SAID 1936 ACT, IT WOULD APPEAR THAT THE QUOTED WORDS--- WHICH APPEAR IN THE 1936 ACT, ALSO--- SHOULD BE GIVEN THE SAME INTERPRETATION, THAT IS, THAT HOSPITALIZATION OR REHOSPITALIZATION, IF PROCURED IN ACCORDANCE WITH APPLICABLE REGULATIONS OF THE SECRETARY OF WAR, ENTITLING A FORMER MEMBER OF THE WOMEN'S ARMY AUXILIARY CORPS TO PAY AND ALLOWANCES IS NOT LIMITED TO THE SIX MONTHS' PERIOD IMMEDIATELY FOLLOWING TERMINATION OF SERVICE. COMPARE 16 COMP. GEN. 289; A-99249, JANUARY 26, 1939, SIMILARLY CONSTRUING THE SAID 1936 ACT.

IN VIEW OF THE ANSWER TO QUESTION 1, AND SINCE THE SAID SECTION 11 CONTAINS NO PROVISION THAT, AS A PREREQUISITE TO THE RIGHT OF A MEMBER OF THE CORPS INCAPACITATED IN LINE OF DUTY WHILE ON ACTIVE DUTY TO HOSPITALIZATION AT GOVERNMENT EXPENSE, SUCH INCAPACITY MUST HAVE REQUIRED HOSPITALIZATION PRIOR TO TERMINATION OF SERVICE, QUESTION 2 IS ANSWERED IN THE AFFIRMATIVE.