B-55045, FEBRUARY 25, 1946, 25 COMP. GEN. 604

B-55045: Feb 25, 1946

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IN PART AS FOLLOWS: THERE IS FORWARDED HEREWITH A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS. YOUR APPROVAL IS REQUESTED OF THE ENCLOSED PROPOSED ALNAV TO GIVE EFFECT TO THE CITED ACT OF DECEMBER 3. FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS AS FOLLOWS: REF. WERE ENTITLED TO THE SAME PAY. A DEPARTURE FROM THIS LONG-STANDING LEGISLATIVE PRACTICE OF MAINTAINING PARITY BETWEEN THE ARMY AND NAVY NURSE CORPS WAS OCCASIONED BY THE ENACTMENT OF THE ACT OF JUNE 22. THIS CONNECTION IT IS POINTED OUT THAT THE COMPTROLLER GENERAL. ON AND AFTER 10 JULY 1944 THE PAY RIGHTS OF MEMBERS OF THE NAVY NURSE CORPS ARE SOLELY FOR DETERMINATION UNDER THE PROVISIONS OF REFERENCE (P). 2. WAS TO VEST IN THEM THE RIGHT (A) TO RECEIVE.

B-55045, FEBRUARY 25, 1946, 25 COMP. GEN. 604

PAY - LONGEVITY - SERVICE CREDITS - INACTIVE SERVICE OF NAVY NURSES IN ARMY NURSE CORPS OR NAVY NURSE CORPS THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF DECEMBER 3, 1945, AUTHORIZING MEMBERS OF THE NAVY NURSE CORPS TO COUNT AS SERVICE "FULL TIME FOR ALL PERIODS DURING WHICH THEY HELD APPOINTMENTS AS NURSES OR COMMISSIONS IN THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS" MAY NOT BE REGARDED AS AUTHORIZING NAVY NURSES TO COUNT INACTIVE SERVICE AS MEMBERS OF SUCH CORPS IN COMPUTING THEIR LENGTH OF SERVICE FOR PAY PURPOSES, SO AS TO GIVE NAVY NURSES A PAY ADVANTAGE OVER ARMY NURSES, WHO MAY COUNT "ACTIVE SERVICE," ONLY, FOR SUCH PURPOSES UNDER THE PROVISIONS OF SECTION 4 OF THE ACT OF JUNE 22, 1944.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, FEBRUARY 25, 1946:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JANUARY 10, 1946, IN PART AS FOLLOWS:

THERE IS FORWARDED HEREWITH A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED JANUARY 4, 1946, WITH ENCLOSURE OF PROPOSED ALNAV CONTAINING INSTRUCTIONS AS TO THE SERVICE WHICH MAY BE COUNTED FOR ALL PAY PURPOSES BY REGULAR NAVY AND NAVAL RESERVE NURSES, BASED ON THE PROVISIONS OF THE ACT APPROVED DECEMBER 3, 1945 ( PUBLIC LAW 244, 79TH CONGRESS), EFFECTIVE AS OF JULY 10, 1944 (EXCEPT AS THEREIN OTHERWISE SPECIFIED) AND UNTIL SIX MONTHS AFTER THE TERMINATION OF THE PRESENT WAR AS DECLARED BY PRESIDENTIAL PROCLAMATION OR BY CONCURRENT RESOLUTION OF THE CONGRESS, WHICHEVER SHALL FIRST OCCUR.

FOR REASONS FULLY SET FORTH IN THE ENCLOSED LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, YOUR APPROVAL IS REQUESTED OF THE ENCLOSED PROPOSED ALNAV TO GIVE EFFECT TO THE CITED ACT OF DECEMBER 3, 1945.

THE ENCLOSURE DATED JANUARY 4, 1946, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS AS FOLLOWS:

REF. (A) SECTION 19 OF THE ACT OF FEBRUARY 2, 1901 (31 STAT. 753).

(B) ACT OF MAY 13, 1908 (34 U.S.C. 42).

(C) ARMY APPROPRIATIONS ACT APPROVED MARCH 23, 1910 (36 STAT.

249).

(D) DECISION OF COMPTROLLER OF THE TREASURY DATED 31 OCTOBER

1910 (17 COMP. DEC. 306).

(E) SECTION 1 OF THE ACT OF JULY 9, 1918 (10 U.S.C. 161).

(F) SECTION 4 OF THE ACT OF JULY 9, 1918 (40 STAT. 879).

(G) SECTION 13 OF THE ACT OF JUNE 10, 1922 (42 STAT. 631) (37

U.S.C. 22).

(H) DECISION OF COMPTROLLER GENERAL A-22755 DATED 12 MAY 1928

(7 COMP. GEN. 719).

(I) FIRST PROVISO CLAUSE OF SECTION 4, TITLE I, OF THE NAVAL

RESERVE ACT OF 1938 (34 U.S.C. 853B).

(J) SECTION 7, TITLE I, OF THE NAVAL RESERVE ACT OF 1938

(34 U.S.C. 853E).

(K) SECTION 13 OF THE PAY READJUSTMENT ACT OF 1942 (37 U.S.

CODE 113).

(L) SECTION 3 OF THE ACT OF DECEMBER 22, 1942 (10 U.S.C.

164).

(M) ACT OF FEBRUARY 26, 1944 (34 U.S.C. 262).

(N) SECTION 4 OF THE ACT OF JUNE 22, 1944 (50 U.S.C.

1594).

(O) HOUSE REPORT NO. 1160 ON H.R. 4411, ENACTED AS REFERENCE

(P).

(P) PUBLIC LAW 244, 79TH CONGRESS, APPROVED DECEMBER 3, 1945.

ENCL: (A) PROPOSED ALNAV.

1. PRIOR TO ENACTMENT OF THE ACT OF JUNE 22, 1944 MEMBERS OF THE NAVY NURSE CORPS, BY REASON OF THE ASSIMILATION PROVISIONS CONTAINED IN REFERENCE (B) OR BY JOINT PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO MEMBERS OF BOTH THE ARMY AND NAVY NURSE CORPS, WERE ENTITLED TO THE SAME PAY, ALLOWANCES, EMOLUMENTS AND PRIVILEGES PROVIDED BY OR IN PURSUANCE OF LAW FOR THE NURSE CORPS OF THE ARMY. A DEPARTURE FROM THIS LONG-STANDING LEGISLATIVE PRACTICE OF MAINTAINING PARITY BETWEEN THE ARMY AND NAVY NURSE CORPS WAS OCCASIONED BY THE ENACTMENT OF THE ACT OF JUNE 22, 1944. THIS CONNECTION IT IS POINTED OUT THAT THE COMPTROLLER GENERAL, IN DECISION B-51002 DATED 13 NOVEMBER 1945, STATED THAT WHILE THE 1908 ACT, IN EFFECT, ASSIMILATED THE PAY AND ALLOWANCES OF MEMBERS OF THE NAVY NURSE CORPS WITH THOSE AUTHORIZED FOR MEMBERS OF THE ARMY NURSE CORPS, THE SAID ACT DOES NOT OPERATE TO CONTINUE SUCH ASSIMILATION WHEN THE CONGRESS HAS MADE SPECIFIC PROVISIONS FOR THE PAY, ALLOWANCES AND OTHER BENEFITS OF MEMBERS OF THE NAVY NURSE CORPS. THEREFORE, ON AND AFTER 10 JULY 1944 THE PAY RIGHTS OF MEMBERS OF THE NAVY NURSE CORPS ARE SOLELY FOR DETERMINATION UNDER THE PROVISIONS OF REFERENCE (P).

2. UNDER THE PROVISIONS OF REFERENCE (M) MEMBERS OF THE NAVY NURSE CORPS HOLD COMMISSIONED RANK, AND THE PURPOSE OF H.R. 4411, ENACTED AS REFERENCE (P), WAS TO VEST IN THEM THE RIGHT (A) TO RECEIVE, DURING THE EFFECTIVE PERIOD SPECIFIED THEREIN, ACTIVE DUTY PAY AND ALLOWANCES AT THE RATES PRESCRIBED FOR OTHER COMMISSIONED OFFICERS (MALE AND FEMALE) OF THE NAVAL SERVICE OF CORRESPONDING RANK AND LENGTH OF SERVICE FOR PAY PURPOSES, AND (B) TO CONFER UPON THEM THE SAME BENEFITS AND PRIVILEGES WITH RESPECT TO HIGHER RETIRED PAY, IF RETIRED FOR PHYSICAL DISABILITY AS IS NOW ENJOYED BY OTHER COMMISSIONED OFFICERS (MALE AND FEMALE) OF THE NAVAL SERVICE WHO ARE RETIRED FOR PHYSICAL DISABILITY WHILE SERVING IN HIGHER RANK UNDER A TEMPORARY APPOINTMENT MADE PURSUANT TO THE AUTHORITY CONTAINED IN THE ACT OF JULY 24, 1941. THE FOLLOWING RESUME OF LEGISLATIVE HISTORY WITH RESPECT TO THE SERVICE WHICH MEMBERS OF THE NAVY NURSE CORPS HAVE BEEN ENTITLED TO COUNT IN DETERMINING THEIR ANNUAL RATE OF BASE PAY UNDER PERMANENT PAY LAWS, OR THEIR BASE PAY PLUS LONGEVITY INCREASES UNDER TEMPORARY PAY LEGISLATION, IS RECITED TO SHOW THE BASIS FOR THE LANGUAGE IN REFERENCE (P) WITH RESPECT TO THE PERIODS OF SERVICE WHICH MEMBERS OF THE NAVY NURSE CORPS ARE ENTITLED TO COUNT IN DETERMINING PERIOD PAY AND LONGEVITY INCREASES UNDER THE CURRENT PAY LAW:

(A) REFERENCE (C) PROVIDED, INTER ALIA, FOR PAYMENT TO MEMBERS OF THE FEMALE NURSE CORPS OF THE ARMY OF CERTAIN INCREASED PAY FOR "SERVICE IN SAID CORPS.' REFERENCE (C) WAS BOTH PROSPECTIVE AND RETROSPECTIVE WITH RESPECT TO THE SERVICE WHICH MEMBERS OF THE ARMY NURSE CORPS, AND THE NAVY NURSE CORPS BY ASSIMILATION, WERE ENTITLED TO COUNT IN DETERMINING THEIR RATE OF ANNUAL PAY ON AND AFTER 23 MARCH 1910, AND THE ACCOUNTING OFFICERS INTERPRETED THE CITED REFERENCE AS AUTHORIZING MEMBERS OF BOTH THE ARMY AND NAVY NURSE CORPS TO COUNT FOR PAY PURPOSES ACTIVE SERVICE AS A NURSE ( REGULAR OR RESERVE) IN EITHER THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS FROM 2 FEBRUARY 1901 AND 13 MAY 1908, RESPECTIVELY.

(B) REFERENCE (F) WHICH REPEALED REFERENCE (C), CONSTITUTED THE FIRST AUTHORITY FOR MEMBERS OF THE ARMY NURSE CORPS, AND THE NAVY NURSE CORPS BY ASSIMILATION, TO COUNT SERVICE AS A CONTRACT NURSE PRIOR TO 2 FEBRUARY 1901. REFERENCE (F) REITERATED THE AUTHORITY FOR PAYMENT OF CERTAIN INCREASED PAY FOR SERVICE IN SAID CORPS AND, IN ADDITION, PROVIDED FOR "INCLUDING IN ALL CASES TIME OF SERVICE AS A CONTRACT NURSE.'

(C) REFERENCE (F) WAS REPEALED, EFFECTIVE 1 JULY 1922 BY SECTION 22 OF THE ACT OF JUNE 10, 1922. NEITHER REFERENCE (G) NOR REFERENCE (K) SPECIFIES THE SERVICE WHICH MEMBERS OF THE ARMY AND NAVY NURSE CORPS MAY COUNT FOR THE PURPOSE OF DETERMINING THEIR ANNUAL RATE OF BASE PAY. INSTEAD, AN ANNUAL BASE PAY IS PRESCRIBED DURING THE "FIRST THREE YEARS OF SERVICE" AND DURING EACH THREE-YEAR PERIOD THEREAFTER UNTIL THE THIRTEENTH YEAR IS REACHED. IT WAS CONSIDERED THAT "YEARS OF SERVICE" AS USED IN REFERENCES (G) AND (D) WAS SYNONYMOUS WITH THE TERM "SERVICE IN SAID ORPS" AS USED IN REFERENCE (C). THEREFORE, THE RULE IN REFERENCE (D) WAS ACCEPTED AS BEING IN EFFECT AND, UNDER THE CITED PAY LAWS OF 1922 AND 1942, MEMBERS OF THE NAVY NURSE CORPS APPOINTED ON AND AFTER 1 JULY 1922 HAVE BEEN AUTHORIZED TO COUNT ACTIVE SERVICE AS A REGULAR OR RESERVE NURSE IN THE ARMY OR NAVY NURSE CORPS IN DETERMINING THEIR ANNUAL RATE OF BASE PAY.

(D) THE PROVISIONS OF SECTION 3 OF THE ACT OF MAY 13, 1926, AS REENACTED IN REFERENCE (K), PROVIDES THAT FOR THE PURPOSE OF COMPUTING ELIGIBILITY FOR RETIREMENT AND RETIRED PAY MEMBERS OF THE ARMY AND NAVY NURSE CORPS ARE ENTITLED TO COUNT ACTIVE SERVICE IN THE ARMY AND NAVY NURSE CORPS, ACTIVE SERVICE AS A CONTRACT NURSE PRIOR TO 2 FEBRUARY 1901 AND SERVICE AS A RESERVE NURSE ON ACTIVE DUTY SINCE 2 FEBRUARY 1901. SUCH PROVISION, HOWEVER, HAS NO APPLICATION IN COMPUTING SERVICE CREDITABLE FOR DETERMINING RATE OF ANNUAL BASE PAY ON THE ACTIVE LIST.

(E) REFERENCE (1) WAS THE FIRST PROVISION OF LAW SINCE REFERENCE (F) WHICH SPECIFICALLY SET FORTH BY NAME AND TYPE THE SERVICE WHICH MEMBERS OF THE ARMY AND NAVY NURSE CORPS WERE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES. SUCH PROVISION OF LAW, WHICH MERELY ENUMERATED THE SERVICE PREVIOUSLY SET FORTH IN THE ACT OF MAY 13, 1926 AS CREDITABLE FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR RETIREMENT AND RETIRED PAY, ACTUALLY DID NOT SERVE TO AUGMENT THE SERVICE CREDITABLE FOR PAY PURPOSES SINCE 1 JULY 1922 OTHER THAN TO AUTHORIZE A MEMBER OF THE ARMY OR NAVY NURSE CORPS (IF SUCH THERE WAS ON ACTIVE DUTY) APPOINTED ON AND AFTER 1 JULY 1922, TO INCLUDE CIVILIAN SERVICE AS A CONTRACT NURSE PRIOR TO 2 FEBRUARY 1901.

(F) UNDER THE PROVISIONS OF REFERENCE (N) MEMBERS OF THE ARMY NURSE CORPS, ON AND AFTER 10 JULY 1944, ARE ENTITLED TO COUNT FOR ALL PURPOSES ACTIVE SERVICE AS A REGULAR OR RESERVE NURSE IN THE ARMY OR NAVY NURSE CORPS, AS WELL AS SERVICE RENDERED PURSUANT TO AN APPOINTMENT MADE UNDER THE ACT OF JUNE 22, 1944. HOWEVER, REFERENCE (N) HAS NO APPLICATION TO MEMBERS OF THE NAVY NURSE CORPS.

3. SECTION 1 OF THE ACT OF DECEMBER 3, 1945, INSOFAR AS GERMANE TO THE MATTER PRESENTED HEREIN, PROVIDES THAT DURING THE EFFECTIVE PERIOD OF THAT ACT AS ESTABLISHED IN SECTION 4 THEREOF, EACH MEMBER OF THE NAVY NURSE CORPS SHALL RECEIVE THE SAME PAY, MONEY ALLOWANCE FOR SUBSISTENCE AND RENTAL OF QUARTERS AS NOW OR HEREAFTER MAY BE PRESCRIBED BY LAW FOR OFFICERS OF THE REGULAR NAVY OF CORRESPONDING RANK AND CORRESPONDING LENGTH OF SERVICE CREDITABLE FOR PAY PURPOSES. SINCE THE RATE OF PAY APPLICABLE AS PRESCRIBED BY LAW FOR OFFICERS OF THE REGULAR NAVY IS PREDICATED UPON RANK AND LENGTH OF SERVICE IT WAS NECESSARY TO SET FORTH THE SERVICE CREDITABLE FOR PAY PURPOSES IN THE CASE OF NURSES IN ORDER TO ESTABLISH A CRITERION FOR DETERMINING "CORRESPONDING LENGTH OF SERVICE.' SECTION 1 (B) OF THE CITED ACT STATES THAT IN COMPUTING SERVICE FOR ALL PAY PURPOSES OF MEMBERS OF THE NAVY NURSE CORPS (WHOSE PRIOR MILITARY SERVICE, BY REASON OF THEIR PROFESSIONAL QUALIFICATIONS AND TRAINING NORMALLY WOULD HAVE BEEN RESTRICTED TO THE ARMY OR NAVY NURSE CORPS; SUCH PERSONS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD APPOINTMENTS AS NURSES OR COMMISSIONS IN THE ARMY NURSE CORPS OR NAVY NURSE CORPS. UNDER THE PROVISIONS OF SECTION 3 OF THE CITED ACT RESERVE MEMBERS OF THE NAVY NURSE CORPS WHEN EMPLOYED ON ACTIVE DUTY ARE ENTITLED TO THE SAME PAY AND ALLOWANCES AS MEMBERS OF THE REGULAR NAVY NURSE CORPS. THIS LATTER PROVISION IS IN KEEPING WITH OTHER LEGISLATIVE ENACTMENTS DEFINING THE PAY STATUS OF MEMBERS OF THE NAVAL RESERVE WHEN EMPLOYED IN ACTIVE FEDERAL SERVICE.

4. WITH RESPECT TO THE CHOICE OF THIS PARTICULAR PHRASEOLOGY TO DESCRIBE THE SERVICE CREDITABLE FOR ALL PAY PURPOSES, IT IS POINTED OUT THAT RETIRED MEMBERS OF THE NAVY NURSE CORPS HAVE NOT BEEN CALLED TO ACTIVE DUTY DURING THE PRESENT WAR AND MEMBERS OF THE NAVY NURSE CORPS RETIRED ON AND AFTER 7 DECEMBER 1941 HAVE BEEN RELEASED FROM ACTIVE DUTY COINCIDENT WITH RETIREMENT. THEREFORE, FROM A PRACTICAL STANDPOINT, THERE WAS NO REASON TO INCLUDE IN CURRENT LEGISLATION OF A TEMPORARY NATURE AUTHORITY FOR ACTIVE MEMBERS OF THE NAVY NURSE CORPS TO COUNT FOR ALL PAY PURPOSES SERVICE AS A CONTRACT NURSE PRIOR TO 2 FEBRUARY 1901, AS NAVY NURSES WHO MIGHT HAVE HAD SERVICE IN SUCH ORGANIZATION, WHICH WAS ABOLISHED APPROXIMATELY 45 YEARS AGO, HAVE ALREADY BEEN PLACED ON THE RETIRED LIST. FURTHERMORE, SINCE THE BASIC LAW (REFERENCES (A), (B) AND (E) ( SETTING FORTH THE COMPOSITION OF THE ARMY AND NAVY NURSE CORPS CLEARLY STATES THAT SUCH CORPS WILL CONSIST OF A SUPERINTENDENT, AS MANY CHIEF NURSES, NURSES, AND RESERVE NURSES AS MAY BE NEEDED, THERE LIKEWISE EXISTED NO PRACTICAL REASON FOR INCLUDING REDUNDANT LANGUAGE TO PROVIDE THAT SERVICE UNDER AN APPOINTMENT AS A RESERVE NURSE IN THE ARMY NURSE CORPS SINCE 2 FEBRUARY 1901 AND AS A RESERVE NURSE IN THE NAVY NURSE CORPS SINCE 13 MAY 1908 WAS CREDITABLE FOR PAY PURPOSES.

5. THE PRIMARY PURPOSE OF THE LANGUAGE USED IN SECTIONS 1 (B) AND 3 OF THE ACT OF DECEMBER 3, 1945 WAS TO ENABLE REGULAR MEMBERS OF THE NAVY NURSE CORPS AND RESERVE MEMBERS OF THE NAVY NURSE CORPS WHILE EMPLOYED ON ACTIVE DUTY, TO COUNT FOR ALL PAY PURPOSES ACTIVE AS WELL AS INACTIVE SERVICE AS A REGULAR OR RESERVE NURSE IN THE ARMY OR NAVY NURSE CORPS UNDER A VALID APPOINTMENT OR COMMISSION. THIS CONCLUSION IS SUPPORTED BY THE FACT THAT SINCE 1942 THE GENERAL LEGISLATIVE TREND HAS BEEN TO AUTHORIZE THE COUNTING OF INACTIVE SERVICE IN THE RESERVE COMPONENTS OF THE ARMED FORCES FOR PAY PURPOSES AND ALSO THAT THE LANGUAGE IN QUESTION IS IDENTICAL WITH THE LANGUAGE USED IN SECTIONS 1, 3, 3A AND 9 OF THE PAY READJUSTMENT ACT OF 1942 AS AMENDED, UNDER WHICH THE SEVERAL CLASSES OF PERSONNEL MENTIONED THEREIN, INCLUDING MEMBERS OF THE WOMEN'S RESERVE OF THE NAVAL RESERVE, ARE ENTITLED TO COUNT FOR ALL PAY PURPOSES FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS, APPOINTMENTS OR WERE ENLISTED IN THE VARIOUS SERVICES ENUMERATED IN THE APPLICABLE SECTIONS. IN ACCORDANCE WITH EXISTING DECISIONS OF THE COMPTROLLER GENERAL THE PERSONS ON THE ACTIVE LIST WHO ARE PAID UNDER THE CITED SECTIONS ARE ENTITLED TO COUNT ALL SERVICE, ACTIVE AND INACTIVE, INCLUDING TIME ON THE RETIRED LIST, UNDER A VALID COMMISSION, APPOINTMENT OR ENLISTMENT CONTRACT. 6. IN VIEW OF THE FOREGOING, IT IS RECOMMENDED THAT THE ENCLOSURE, WHICH REPRESENTS PROPOSED INSTRUCTIONS TO BE ISSUED TO GIVE EFFECT TO THE ACT OF DECEMBER 3, 1945, BE SUBMITTED TO THE COMPTROLLER GENERAL FOR APPROVAL. IT IS RECOMMENDED THAT THE COMPTROLLER GENERAL BE REQUESTED TO EXPEDITE ACTION ON THIS MATTER IN ORDER THAT SUCH INSTRUCTIONS MAY BE PROMULGATED FOR THE GUIDANCE OF THE SERVICE IN EFFECTING APPROPRIATE ADJUSTMENTS IN THE PAY ACCOUNTS OF MEMBERS OF THE NAVY NURSE CORPS.

THE PROPOSED ALNAV READS AS FOLLOWS:

PUBLIC LAW 244 APPROVED 3 DECEMBER 1945 PROVIDES EFFECTIVE 10 JULY 1944 AND UNTIL SIX MONTHS AFTER WAR MEMBERS NAVY NURSE CORPS SHALL RECEIVE SAME PAY AND ALLOWANCES NOW OR HEREAFTER PRESCRIBED BY LAW FOR OFFICERS REGULAR NAVY X RATES OF PAY SHOWN TABLES I AND II ART 2140-0 SANDA MEMO APPLICABLE MEMBERS OF NAVY NURSE CORPS X TABLE III HEREBY MODIFIED ACCORDINGLY X IN COMPUTING SERVICE FOR ALL PAY PURPOSE NURSES SHALL BE CREDITED FULL TIME FOR ALL PERIODS DURING WHICH THEY HELD APPOINTMENT AS REGULAR OR RESERVE NURSES OR COMMISSIONS IN ARMY OR NAVY NURSE CORPS X DISBURSING OFFICERS AUTHORIZED MAKE CREDIT ON PRESENT PAY RECORD HIGHER PAY PERIOD REASON OF LONGEVITY X

SECTIONS 1, 3, AND 4 OF PUBLIC LAW 244, APPROVED DECEMBER 3, 1945, 59 STAT. 594, 595, PROVIDE AS FOLLOWS:

THAT DURING THE EFFECTIVE PERIOD AS DEFINED IN SECTION 4 HEREOF, (A) EACH MEMBER OF THE NAVY NURSE CORPS SHALL RECEIVE THE SAME PAY, MONEY ALLOWANCES FOR SUBSISTENCE AND FOR RENTAL OF QUARTERS, MILEAGE AND OTHER TRAVEL ALLOWANCES, THAT ARE NOW OR MAY HEREAFTER BE PRESCRIBED BY LAW FOR OFFICERS OF THE REGULAR NAVY OF CORRESPONDING RANK AND LENGTH OF SERVICE, WHICH SHALL INCLUDE, ON AND AFTER OCTOBER 1, 1944, ALL ALLOWANCES AND BENEFITS ON ACCOUNT OF DEPENDENTS AS PROVIDED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED.

(B) IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF MEMBERS OF THE NAVY NURSE CORPS, SUCH PERSONS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HELD APPOINTMENTS AS NURSES OR COMMISSIONS IN THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS.

SEC. 3. THE PROVISIONS OF THIS ACT SHALL APPLY EQUALLY TO NAVAL RESERVE MEMBERS OF THE NAVY NURSE CORPS WHILE EMPLOYED ON ACTIVE DUTY.

SEC. 4. THE EFFECTIVE PERIOD AS USED HEREIN SHALL MEAN THE PERIOD BEGINNING ON JULY 10, 1944 (EXCEPT AS OTHERWISE SPECIFIED IN SECTION 2AND EXCEPT THAT NO ALLOWANCES OR BENEFITS UNDER ANY SECTION OF THIS ACT ON ACCOUNT OF DEPENDENTS FOR ANY PERIOD PRIOR TO OCTOBER 1, 1944, SHALL ACCRUE BY REASON OF THE ENACTMENT OF THIS ACT), AND ENDING SIX MONTHS AFTER THE TERMINATION OF THE PRESENT WAR AS DECLARED BY PRESIDENTIAL PROCLAMATION OR BY CONCURRENT RESOLUTION OF THE CONGRESS, WHICHEVER SHALL FIRST OCCUR.

THE PRIMARY PURPOSE OF SECTION 1 OF THE SAID ACT IS TO PERMIT MEMBERS OF THE NAVY NURSE CORPS TO BE CREDITED, DURING THE TEMPORARY PERIOD STATED IN SECTION 4, WITH THE SERVICE THEREIN PRESCRIBED FOR PURPOSES OF ADVANCEMENT TO HIGHER PAY GRADES, AS IS NOW AUTHORIZED UNDER THE ACT OF JUNE 22, 1944, 58 STAT. 324, FOR MEMBERS OF THE ARMY NURSE CORPS TEMPORARILY APPOINTED COMMISSIONED OFFICERS IN THE ARMY OF THE UNITED STATES. HOWEVER, IN VIEW OF THE PROVISION OF SECTION 1 (B) OF THE ACT OF DECEMBER 3, 1945, AUTHORIZING MEMBERS OF THE NAVY NURSE CORPS TO COUNT AS SERVICE FOR ALL PAY PURPOSES "FULL TIME FOR ALL PERIODS DURING WHICH THEY HELD APPOINTMENTS AS NURSES OR COMMISSIONS IN THE ARMY NURSE CORPS OR THE NAVY NURSE CORPS," AND THE EXPRESS PROVISION IN SECTION 4 OF THE ACT OF JUNE 22, 1944, RESTRICTING SERVICE THAT MAY BE COUNTED FOR PAY PURPOSES BY ARMY NURSES TO "ACTIVE SERVICE" IN THE ARMY NURSE CORPS AND THE NAVY NURSE CORPS, AND "ACTIVE SERVICE" AS A CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, THE QUESTION HAS ARISEN AS TO WHETHER THE SAID SECTION 1 (B) PROPERLY MAY BE VIEWED AS AUTHORIZING NAVY NURSES TO COUNT INACTIVE SERVICE AS A MEMBER OF THE NAVY NURSE CORPS OR THE ARMY NURSE CORPS IN COMPUTING LENGTH OF SERVICE FOR PAY PURPOSES.

WHILE THE LANGUAGE APPEARING IN THE SAID SECTION 1 (B/--- WHICH WAS DRAFTED BY THE NAVY DEPARTMENT--- MIGHT BE VIEWED LITERALLY AS AUTHORIZING MEMBERS OF THE NAVY NURSE CORPS TO COUNT INACTIVE SERVICE IN THE ARMY NURSE CORPS AND THE NAVY NURSE CORPS, THE LEGISLATIVE HISTORY OF THE SAID ACT SO CLEARLY SHOWS A PURPOSE TO PLACE NAVY NURSES ONLY ON A PARITY WITH ARMY NURSES WITH RESPECT TO PAY AND ALLOWANCES AS TO REQUIRE THE CONCLUSION THAT THE CONGRESS HAD NO INTENTION OF AUTHORIZING NAVY NURSES TO COUNT INACTIVE SERVICE FOR PAY PURPOSES, THEREBY PLACING THEM IN A MORE FAVORABLE POSITION IN THAT RESPECT THAN THAT PROVIDED BY LAW FOR ARMY NURSES. IN THAT CONNECTION, SEE THE HEARINGS ON H.R. 4411, 79TH CONGRESS, WHICH BECAME THE SAID ACT OF DECEMBER 3, 1945, BEFORE THE COMMITTEE ON NAVAL AFFAIRS, HOUSE OF REPRESENTATIVES, OCTOBER 24, 1945, WHEREIN IT WAS STATED WITH RESPECT TO THE PURPOSE OF THE PROPOSED LEGISLATION:

THE CHAIRMAN. LET THE COMMITTEE COME TO ORDER. THE COMMITTEE HAS BEFORE IT TODAY FOR CONSIDERATION A BILL COMING FROM THE BUREAU OF MEDICINE AND SURGERY, H.R. 4411. * * *

THE CHAIRMAN. WHAT YOU ARE SEEKING BY THIS ACT IS MERELY THE EQUIVALENT OF THE NURSE CORPS AS PROVIDED FOR THE ARMY BY THAT ACT? (ACT OF JUNE 22, 1944).

ADMIRAL MCINTIRE. THE INTENT OF THIS BILL IS TO BRING UP THE NAVY NURSE CORPS AT LAST TO THE EQUIVALENT OF THE ARMY NURSE CORPS. NEITHER SUCH HEARINGS NOR THE COMMITTEE'S REPORT ON THE BILL, HOUSE REPORT NO. 1160, OCTOBER 29, 1945--- APPARENTLY DRAFTED BY THE JUDGE ADVOCATE GENERAL OF THE NAVY, SEE PAGE 1675 OF THE SAID HEARINGS--- CONTAINS ANY INDICATION OF A PURPOSE TO PLACE NAVY NURSES IN A MORE FAVORABLE POSITION THAN ARMY NURSES BY PERMITTING NAVY NURSES TO COUNT INACTIVE SERVICE IN COMPUTING SERVICE FOR PAY PURPOSES. ON THE CONTRARY, THE SAID REPORT SHOWS THAT THE PURPOSE OF THE BILL WAS TO CORRECT EXISTING INEQUALITIES BETWEEN THE PAY AND ALLOWANCES AND RETIREMENT BENEFITS OF ARMY NURSES AND NAVY NURSES, WHICH AROSE BY REASON OF THE PASSAGE OF THE ACT OF JUNE 22, 1944, AUTHORIZING CERTAIN MONETARY BENEFITS FOR ARMY NURSES NOT AUTHORIZED BY LAW FOR NAVY NURSES, AND TO GIVE NAVY NURSES AN EQUAL STATUS WITH ARMY NURSES WITH THE SAME LENGTH OF SERVICE. MOREOVER, THE SAID REPORT DEFINITELY ILLUSTRATES THE POINT THAT THE PURPOSE WAS TO PLACE NAVY NURSES ON A PARITY WITH ARMY NURSES FOR PAY AND ALLOWANCE PURPOSES, AS FOLLOWS:

A FEW EXAMPLES WILL ILLUSTRATE THE EXISTING INEQUALITIES: A NAVY NURSE OF THE RANK OF ENSIGN WITH 6 YEARS' SERVICE RECEIVES MONTHLY PAY OF $165 AND RENTAL ALLOWANCE OF $45 WHEREAS AN ARMY NURSE OR OTHER COMMISSIONED OFFICER OF THE SAME RANK AND LENGTH OF SERVICE RECEIVES MONTHLY PAY OF $183.33 AND RENTAL ALLOWANCE OF $60. SIMILARLY, A NAVY NURSE OF THE RANK OF SENIOR LIEUTENANT WITH 18 YEARS' SERVICE AND A DEPENDENT RECEIVES MONTHLY PAY OF $260, RENTAL ALLOWANCE OF $90 AND SUBSISTENCE ALLOWANCE OF $42, WHEREAS AN ARMY NURSE OR COMMISSIONED OFFICER SIMILARLY SITUATED RECEIVES $325, $105, AND $63, RESPECTIVELY. * * *

THE PROPOSED LEGISLATION SEEKS TO CORRECT THESE INEQUALITIES. THE FIRST SECTION OF THE BILL GRANTS CREDIT OF SERVICE FOR PURPOSES OF ADVANCEMENT TO HIGHER PAY GRADES AND RESULTANT INCREASE IN SUBSISTENCE AND RENTAL ALLOWANCE. THE INCREASED PAY AND ALLOWANCES PROVIDED WOULD BE RETROACTIVE TO JULY 10, 1944 (THE DATE ARMY NURSES RECEIVED COMMISSIONED STATUS AND SUBJECT INCREASES). ALSO, TO THE SAME EFFECT IS THE REPORT OF THE COMMITTEE ON NAVAL AFFAIRS, UNITED STATES SENATE, SENATE REPORT NO. 695, NOVEMBER 6, 1945, WHICH READS IN PART AS FOLLOWS:

THE COMMITTEE ARE OF THE OPINION THAT MEMBERS OF THE NAVY NURSE CORPS SHOULD BE PLACED ON A PAR WITH RESPECT TO PAY, ALLOWANCES, AND RETIREMENT PRIVILEGES, WITH THE MEMBERS OF THE ARMY NURSE CORPS, AND OTHER WOMEN IN THE RESERVE COMPONENTS OF THE ARMY AND NAVY, AND THEREFORE RECOMMEND ENACTMENT OF THE BILL.

THUS, TO VIEW THE SAID SECTION 1 (B) AS AUTHORIZING NAVY NURSES TO COUNT THEIR INACTIVE SERVICE FOR PAY PURPOSES WOULD ONLY SERVE TO CREATE AN INEQUALITY IN THEIR FAVOR, INSTEAD OF ACCOMPLISHING THE PURPOSE OF THE ACT, THAT IS, THE CORRECTION OF THE EXISTING INEQUALITIES BETWEEN THE PAY AND ALLOWANCES OF ARMY NURSES AND NAVY NURSES.

FURTHER SUPPORT FOR THE VIEW THAT IT WAS THE LEGISLATIVE INTENT TO PLACE ARMY NURSES AND NAVY NURSES ONLY ON A PARITY WITH RESPECT TO PAY AND ALLOWANCES IS CONTAINED IN THE DEBATE ON THE SAID BILL ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES ( CONGRESSIONAL RECORD OF NOVEMBER 5, 1945, PAGE 10534), AS FOLLOWS:

MR. SPARKMAN. MR. SPEAKER, RESERVING THE RIGHT TO OBJECT, I WONDER IF THE GENTLEWOMAN FROM MAINE, THE AUTHOR OF THIS BILL, WOULD EXPLAIN TO US JUST WHAT IT PROVIDES.

MRS. SMITH OF MAINE. MR. SPEAKER, THE BILL MERELY PROPOSES TO RECTIFY EXISTING INEQUALITIES, AND PLACE THE NAVY NURSES ON THE SAME BASIS AS THE ARMY NURSES.

MR. SPARKMAN. THIS DOES NOT IN ANY WAY RAISE THE NAVY NURSES ABOVE THE PAY LEVEL OF THE ARMY NURSES, DOES IT?

MRS. SMITH OF MAINE. NO. IT SIMPLY PLACES THEM ON AN EQUAL BASIS. LONG AS THE NAVY NURSES ARE WORKING, THEY GET THE SAME PAY AS THE ARMY NURSES, BUT AS SOON AS THEY RETIRE THEY GO ON 75 PERCENT OF THEIR BASE PAY. PERHAPS THE SIMPLEST ILLUSTRATION OF THE EXISTING INEQUALITIES IS THE COMPARISON OF THE RETIRED PAY OF A NAVY NURSE WITH THE RANK OF ENSIGN TO THE RETIRED PAY OF AN ARMY NURSE WITH THE RANK OF SECOND LIEUTENANT--- THE ARMY EQUIVALENT OF ENSIGN. THE RETIRED ENSIGN NURSE GETS ONLY $67.50 MONTHLY WHILE THE RETIRED SECOND LIEUTENANT NURSE GETS $112.50 MONTHLY. THE DIFFERENCE IS IN THE BASE PAY OF $90 AS COMPARED TO $150.

MR. SPARKMAN. OF COURSE, THE ACT UNDER WHICH THE PAY AND ALLOWANCES WERE SET FOR THE NURSES WAS PASSED ORIGINALLY COVERING BOTH BRANCHES. THAT IS, BOTH THE ARMY NURSE CORPS AND THE NAVY NURSE CORPS IN THE SAME LEGISLATION. JUST HOW DID THIS DISCREPANCY CREEP INTO IT?

MRS. SMITH OF MAINE. THE GENTLEMAN WILL REMEMBER THAT WHEN THE LAW WAS AMENDED AFFECTING THE ARMY NURSES PLACED IN THIS CATEGORY, THE NAVY DEPARTMENT DID NOT HAVE PROPER INFORMATION TO SUBMIT ON THE FLOOR, AND THE COMMITTEE ON NAVAL AFFAIRS DECIDED TO PUT IT OVER UNTIL THEY COULD HAVE A COMPLETE REPORT FROM THE DEPARTMENT, WHICH HAS JUST NOW COME IN.

MR. SPARKMAN. AND THIS IS IN PURSUANT OF THAT INTENT?

MRS. SMITH OF MAINE. THAT IS RIGHT.

MR. SPARKMAN. I WITHDRAW MY RESERVATION OF OBJECTION, MR. SPEAKER.

MR. BROOKS. RESERVING THE RIGHT TO OBJECT, MR. SPEAKER, I SHOULDLIKE TO ASK THE GENTLEWOMAN A QUESTION.

I NOTICE IN PARAGRAPH 1 OF THE BILL, WHICH REFERS TO THE FACT THAT THE PAY OF THE NURSES IN THE NAVY SHALL BE THE SAME AMOUNT AS THAT OF NAVAL OFFICERS OF THE SAME RANK. WILL THAT IN ANY WAY BRING ABOUT A DISCREPANCY BETWEEN THE NAVY NURSE PAY AND THE ARMY NURSE PAY?

MRS. SMITH OF MAINE. NO. IT WILL BRING THE NAVY NURSE PAY TO THE SAME PLACE AS THE ARMY NURSE PAY. THE NAVY NURSES WERE GIVEN THE RELATIVE RANK BUT NOT THE RELATIVE PAY AS FAR AS RETIREMENT IS CONCERNED. THIS BILL WILL CORRECT THIS AND PUT THEM ON THE SAME BASIS AS OTHER COMMISSIONED OFFICERS, ARMY NURSES, WAVES, WAC-S, AND SO FORTH.

MR. BROOKS. AS LONG AS NAVAL OFFICERS OF THE SAME RANK ARE GETTING THE SAME PAY AS ARMY OFFICERS OF SIMILAR RANK, THE SAME SITUATION WILL PREVAIL WITH REFERENCE TO NURSES?

MRS. SMITH OF MAINE. IT PLACES EVERYBODY ON THE SAME BASIS.

THE SPEAKER PRO TEMPORE. IS THERE OBJECTION TO THE PRESENT CONSIDERATION OF THE BILL?

THERE BEING NO OBJECTION, THE CLERK WILL READ THE BILL. * * *

THE BILL WAS ORDERED TO BE ENGROSSED AND READ A THIRD TIME, WAS READ THE THIRD TIME, AND PASSED, AND A MOTION TO RECONSIDER WAS LAID ON THE TABLE.

IN VIEW OF SUCH CLEAR AND UNMISTAKABLE EVIDENCE OF A LEGISLATIVE INTENT TO PLACE NAVY NURSES ONLY ON A PARITY WITH ARMY NURSES FOR PAY PURPOSES, AND IN THE ABSENCE OF ANY INDICATION IN THE HEARINGS, REPORTS OF THE COMMITTEES, OR DEBATE ON THE BILL TO THE CONTRARY, THIS OFFICE WOULD NOT BE WARRANTED IN CONCLUDING THAT THE SAID SECTION 1 (B) WAS INTENDED TO AUTHORIZE NAVY NURSES TO BE CREDITED WITH INACTIVE SERVICE IN COMPUTING THEIR LENGTH OF SERVICE FOR PAY PURPOSES THUS GIVING THEM A PAY ADVANTAGE OVER ARMY NURSES IN THAT RESPECT. IF, IN DRAFTING THE LANGUAGE OF SECTION 1 (B) OF THE BILL, IT WAS THE PURPOSE OF THE NAVY DEPARTMENT TO AUTHORIZE COUNTING INACTIVE SERVICE AND THEREBY TO OBTAIN A PAY ADVANTAGE OVER THE ARMY NURSE CORPS, IT DOES NOT APPEAR THAT SUCH PURPOSE WAS DISCLOSED TO THE LEGISLATIVE COMMITTEES OR TO THE CONGRESS, AND, IN THAT SITUATION, SUCH LANGUAGE MAY NOT BE APPLIED LITERALLY AS ACCOMPLISHING A RESULT SO EVIDENTLY AT VARIANCE WITH THE LEGISLATIVE INTENT OTHERWISE DISCLOSED. LONG-SETTLED RULES OF STATUTORY CONSTRUCTION, THE OPERATION OF A STATUTE MUST BE RESTRICTED WITHIN NARROWER LIMITS THAN ITS WORDS IMPORT WHERE THE LITERAL MEANING EMBRACES CASES NOT INTENDED BY THE LEGISLATIVE BODY; THE STRICT LETTER OF A STATUTE MUST YIELD TO ITS EVIDENT SPIRIT AND PURPOSE WHEN THAT IS NECESSARY TO GIVE EFFECT TO THE INTENT OF THE CONGRESS; AND CONSTRUCTIONS OF STATUTES ARE TO BE MADE ACCORDING TO THE INTENTION OF THE MAKERS, AND SOMETIMES ARE TO BE EXPOUNDED AGAINST THE LETTER TO SERVE THE INTENT. 6 COMP. GEN. 88; 19 ID. 516; AND CASES CITED. SEE, ALSO, UNITED STATES V. DICKERSON, 310 U.S. 554, THAT THERE SHOULD BE "A CONSIDERED WEIGHING OF EVERY RELEVANT AID TO CONSTRUCTION" IN DETERMINING THE MEANING OF AN ACT OF CONGRESS, AND HARRISON V. NORTHERN TRUST COMPANY, 317 U.S. 476, THAT RESORT TO EXPLANATORY LEGISLATIVE HISTORY IS NOT FORBIDDEN NO MATTER HOW CLEAR THE WORDS MAY FIRST APPEAR ON SUPERFICIAL EXAMINATION. IN THE LIGHT OF THE LEGISLATIVE HISTORY OF THE STATUTE HERE INVOLVED, I HAVE TO ADVISE THAT THE PROPOSED ALNAV, ALTHOUGH IT FOLLOWS LITERALLY THE LANGUAGE OF SECTION 1 (B) WITH RESPECT TO CREDITING NAVY NURSES WITH FULL TIME FOR ALL PERIODS DURING WHICH "THEY HELD APPOINTMENTS * * * OR COMMISSIONS," MAY NOT BE VIEWED AS IN ACCORDANCE WITH LAW TO THE EXTENT THAT IT MAY BE UNDERSTOOD AND APPLIED AS AUTHORIZING THE COUNTING OF INACTIVE SERVICE FOR PAY PURPOSES.