B-96776, FEB 6, 1951

B-96776: Feb 6, 1951

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WMSC-RES.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 23. THE SAID CLAIM WAS DISALLOWED BY SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED JUNE 15. ON THE BASIS THAT ARMY REGULATIONS 35-2020 PROVIDE THAT NO WOMAN WHO IS A MEMBER OF THE ARMY NURSE CORPS. YOU ASSERT THAT YOU KNOW MANY WOMEN IN THE ABOVE CATEGORY WHO HAVE BEEN PAID A UNIFORM ALLOWANCE OF $250 UNDER THE ACT OF DECEMBER 4. YOU STATE THAT YOU HAVE BEEN INFORMED THAT RESERVE OFFICERS. ARE DUE A UNIFORM ALLOWANCE. THAT YOU HAVE BEEN A RESERVE OFFICER SINCE AUGUST 1947. AN ALLOWANCE OF $250 FOR UNIFORM AND EQUIPMENT IS HEREBY AUTHORIZED TO BE PAID TO THE FOLLOWING PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF: "(A) ANY PERSON ON ACTIVE DUTY ON APRIL 3.

B-96776, FEB 6, 1951

PRECIS-UNAVAILABLE

CAPTAIN GERTRUDE A. HOLT, WMSC-RES.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1950, AND SUBSEQUENT LETTERS RELATIVE TO YOUR CLAIM FOR UNIFORM ALLOWANCE INCIDENT TO YOUR ACTIVE DUTY SERVICE DURING THE PERIOD AUGUST 1, 1943, TO DECEMBER 17, 1945. THE SAID CLAIM WAS DISALLOWED BY SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED JUNE 15, 1950, ON THE BASIS THAT ARMY REGULATIONS 35-2020 PROVIDE THAT NO WOMAN WHO IS A MEMBER OF THE ARMY NURSE CORPS, OR WHO PREVIOUSLY HAS HELD APPOINTMENT AS A FEMALE DIETITIAN OR PHYSICAL THERAPY AIDE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942, SHALL BE ENTITLED TO A UNIFORM ALLOWANCE PAYABLE TO OFFICERS OF THE ARMY OF THE UNITED STATES. YOU ASSERT THAT YOU KNOW MANY WOMEN IN THE ABOVE CATEGORY WHO HAVE BEEN PAID A UNIFORM ALLOWANCE OF $250 UNDER THE ACT OF DECEMBER 4, 1942. ALSO, YOU STATE THAT YOU HAVE BEEN INFORMED THAT RESERVE OFFICERS, REGARDLESS OF SEX, ARE DUE A UNIFORM ALLOWANCE, AND THAT YOU HAVE BEEN A RESERVE OFFICER SINCE AUGUST 1947.

SECTION 2 OF THE ACT OF DECEMBER 4, 1942, 56 STAT. 1039, PROVIDES IN PERTINENT PART:

"EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, AN ALLOWANCE OF $250 FOR UNIFORM AND EQUIPMENT IS HEREBY AUTHORIZED TO BE PAID TO THE FOLLOWING PERSONNEL OF THE ARMY OF THE UNITED STATES OR ANY COMPONENT THEREOF:

"(A) ANY PERSON ON ACTIVE DUTY ON APRIL 3, 1939, OR THEREAFTER ACCEPTED FOR ACTIVE DUTY, IN THE GRADE OF SECOND LIEUTENANT, FIRST LIEUTENANT, OR CAPTAIN, AND ENTITLED TO THE PAY OF THE FIRST, SECOND, OR THIRD PAY PERIODS ON APRIL 3, 1939, OR AT THE TIME OF SUCH ACCEPTANCE FOR ACTIVE DUTY ***."

SECTION 4 OF THE ABOVE ACT, 56 STAT. 1040, PROVIDES:

"THE UNIFORM ALLOWANCE AUTHORIZED BY THIS ACT SHALL BE PAYABLE ONLY TO PERSONS NOW SERVING ON ACTIVE DUTY IN THE ARMY OF THE UNITED STATES OR WHO HEREAFTER SERVE ON ACTIVE DUTY THEREIN AT ANY TIME DURING THE PERIOD OF THE WARS IN WHICH THE UNITED STATES IS NOW ENGAGED AND FOR SIX MONTHS THEREAFTER."

SECTIONS 1 AND 2 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072, PROVIDE:

"THAT HEREAFTER, DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, THE MEMBERS OF THE ARMY NURSE CORPS SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES, AS NOW OR HEREAFTER PROVIDED BY LAW, FOR COMMISSIONED OFFICERS, WITHOUT DEPENDENTS, OF THE REGULAR ARMY IN THE SIXTH TO THE FIRST PAY PERIODS, RESPECTIVELY.

"HEREAFTER, DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, THERE SHALL BE INCLUDED IN THE MEDICAL DEPARTMENT OF THE ARMY SUCH FEMALE DIETETIC AND PHYSICAL THERAPY PERSONNEL (EXCLUSIVE OF STUDENTS AND APPRENTICES) AS THE SECRETARY OF WAR MAY CONSIDER NECESSARY, WHOSE QUALIFICATIONS, DUTIES, AND ASSIGNMENTS SHALL BE IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE SECRETARY, AND WHO SHALL BE APPOINTED AND, AT HIS DISCRETION BE REMOVED, BY THE SURGEON GENERAL, SUBJECT TO THE APPROVAL OF THE SECRETARY. SUCH PERSONNEL SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES, AS NOW OR HEREAFTER PROVIDED BY LAW, FOR COMMISSIONED OFFICERS, WITHOUT DEPENDENTS, OF THE REGULAR ARMY IN THE THIRD TO THE FIRST PAY PERIODS, RESPECTIVELY. PERSONS APPOINTED UNDER THE PROVISIONS OF THIS SECTION AND THEIR DEPENDENTS SHALL BE ENTITLED TO THE SAME ALLOWANCES AND THE SAME RIGHTS, PRIVILEGES, BENEFITS, AND GRATUITIES AS MEMBERS OF THE ARMY NURSE CORPS AND THEIR DEPENDENTS."

A COMPLETE RECORD OF YOUR MILITARY SERVICE HAS NOT BEEN FURNISHED THIS OFFICE. HOWEVER, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE AUGUST 1, 1943, BY WAR DEPARTMENT SPECIAL ORDERS NO. 182. JULY 1, 1943, WHICH DESIGNATED YOU AS "DIETITIAN (2ND LT)." HENCE, IT APPEARS THAT WHEN SO ORDERED TO ACTIVE DUTY YOU HELD AN APPOINTMENT UNDER SECTION 2 OF THE ABOVE ACT OF DECEMBER 22, 1942.

SECTION 1 OF THE SAID ACT OF DECEMBER 22, 1942, ENUMERATES THE PAY AND ALLOWANCES GRANTED TO MEMBERS OF THE ARMY NURSE CORPS. MONEY ALLOWANCES FOR UNIFORMS ARE NOT INCLUDED IN THE ENUMERATION. INSTEAD, BOTH BEFORE AND AFTER THE DATE OF THE ABOVE ACT, MEMBERS OF THAT CORPS WERE ISSUED UNIFORMS AT GOVERNMENT EXPENSE UPON INITIAL ENTRY INTO THE MILITARY SERVICE. PARAGRAPH 19, ARMY REGULATIONS 40-20, AUGUST 15, 1942, AND APRIL 5, 1943. SECTION 2 OF THE ACT ENUMERATES THE PAY AND ALLOWANCES-- WITH NO REFERENCE TO MONEY ALLOWANCES FOR UNIFORMS-- AUTHORIZED FOR PERSONS SERVING UNDER THAT SECTION, AND ALSO PROVIDES THAT SUCH PERSONS AND THEIR DEPENDENTS "SHALL BE ENTITLED TO THE SAME ALLOWANCES AND THE SAME RIGHTS, PRIVILEGES, BENEFITS, AND GRATUITIES AS MEMBERS OF THE ARMY NURSE CORPS AND THEIR DEPENDENTS." HENCE, BY VIRTUE OF YOUR APPOINTMENT AND SERVICE UNDER THE SAID SECTION 2, AND ASSIMILATION TO THE ALLOWANCES, PRIVILEGES, ETC., OF MEMBERS OF THE ARMY NURSE CORPS, YOU DID NOT BECOME ENTITLED TO ANY MONEY ALLOWANCE FOR UNIFORMS, BUT TO AN ISSUE OF UNIFORMS IN KIND ONLY.

SECTION 1 OF THE ACT OF JUNE 22, 1944, 58 STAT. 324, PROVIDES, IN PERTINENT PART:

"THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, MEMBERS OF THE ARMY NURSE CORPS, FEMALE PERSONS HAVING THE NECESSARY QUALIFICATIONS FOR APPOINTMENT IN SUCH CORPS, FEMALE DIETETIC AND PHYSICAL-THERAPY PERSONNEL OF THE MEDICAL DEPARTMENT OF THE ARMY (EXCLUSIVE OF STUDENTS AND APPRENTICES) APPOINTED UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), AND FEMALE PERSONS HAVING THE NECESSARY QUALIFICATIONS FOR APPOINTMENTS IN SUCH DEPARTMENT AS FEMALE DIETETIC OR PHYSICAL-THERAPY PERSONNEL UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), MAY BE APPOINTED AS OFFICERS IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE JOINT RESOLUTION OF SEPTEMBER 22, 1941 (55 STAT. 728), AS AMENDED BY THE ACT OF JULY 7, 1943 (PUBLIC LAW 114, SEVENTY-EIGHTH CONGRESS), IN THE GRADES THEREIN PRESCRIBED, AND ASSIGNED, RESPECTIVELY, TO THE ARMY NURSE CORPS AND MEDICAL DEPARTMENT OF THE ARMY. ***"

SECTION 6 OF THE ABOVE ACT, 58 STAT. 325, PROVIDES:

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO WOMAN APPOINTED AND ASSIGNED UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT WHO IS A MEMBER OF THE ARMY NURSE CORPS OR WHO HAS PREVIOUSLY HELD AN APPOINTMENT AS A FEMALE DIETITIAN OR PHYSICAL-THERAPY AIDE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), SHALL BE ENTITLED TO ANY UNIFORM ALLOWANCE PAYABLE TO OFFICERS OF THE ARMY OF THE UNITED STATES. ANY SUCH WOMAN WHO, EITHER AS A MEMBER OF THE ARMY NURSE CORPS OR A DIETITIAN OR PHYSICAL-THERAPY AIDE, HAS NOT RECEIVED A COMPLETE ISSUE OF UNIFORMS, INSIGNIA, ACCESSORIES, AND EQUIPMENT PRESCRIBED BY REGULATIONS OF THE SECRETARY OF WAR FOR PERSONS IN THE RESPECTIVE CATEGORIES MAY BE ISSUED THE REMAINDER OF SUCH PRESCRIBED ARTICLES, AND ANY SUCH WOMAN WHO HAS HERETOFORE OR MAY HEREAFTER RECEIVE SUCH COMPLETE ISSUE, OR ANY PART THEREOF, MAY RETAIN SUCH ARTICLES AS HER PERSONAL PROPERTY."

YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE DECEMBER 17, 1945, BY SPECIAL ORDERS 312, NOVEMBER 8, 1945, HEADQUARTERS WAR DEPARTMENT PERSONNEL CENTER, FORT SAM HOUSTON, TEXAS. THE SAID ORDERS REFER TO YOU AS AN OFFICER OF THE ARMY OF THE UNITED STATES, "HD." THUS, IT APPEARS THAT YOU WERE APPOINTED IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THE ABOVE ACT OF JUNE 22, 1944. SECTION 6 OF THE SAID ACT SPECIFICALLY PROVIDES THAT PERSONS SO APPOINTED WHO PREVIOUSLY HAD HELD APPOINTMENTS AS FEMALE DIETITIANS-- AS IN YOUR CASE-- DO NOT THEREBY BECOME ENTITLED TO ANY UNIFORM ALLOWANCE PAYABLE TO OFFICERS OF THE ARMY OF THE UNITED STATES.

ACCORDINGLY, YOUR ACTIVE DUTY SERVICE FROM AUGUST 1, 1943, TO DECEMBER 17, 1945, DID NOT ENTITLE YOU TO ANY UNIFORM ALLOWANCE UNDER THE ACT OF DECEMBER 4, 1942, SUPRA, SINCE THE LAWS UNDER WHICH YOU WERE APPOINTED AND SERVED PROVIDE THAT NO UNIFORM ALLOWANCE ACCRUES INCIDENT TO SUCH SERVICE. THERE IS NO SHOWING THAT YOU HAVE PERFORMED ANY ACTIVE DUTY IN ANY OTHER CAPACITY WHICH MIGHT ENTITLE YOU TO AN ALLOWANCE FOR UNIFORMS.

UPON REVIEW THE DISALLOWANCE OF JUNE 15, 1950, IS SUSTAINED.