B-108339, JULY 16, 1952, 32 COMP. GEN. 24

B-108339, JULY 16, 1952, 32 COMP. GEN. 24

PAY - SERVICE CREDITS - CIVILIAN OCCUPATIONAL THERAPY SERVICE - WOMEN'S MEDICAL SPECIALIST CORPS A MEMBER OF THE WOMEN'S MEDICAL SPECIALIST CORPS IS ENTITLED TO CREDIT FOR PAY PURPOSES UNDER SECTION 110 OF THE ARMY-NAVY NURSES ACT OF 1947, AS AMENDED BY THE ACT OF MAY 16, 1950, FOR CIVILIAN WAR DEPARTMENT SERVICE AS AN OCCUPATIONAL THERAPIST.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. A. S. KINSMAN, DEPARTMENT OF THE ARMY, JULY 16, 1952:

BY FIRST ENDORSEMENT OF FEBRUARY 28, 1952, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF DECEMBER 3, 1951, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO ADJUST THE ACCOUNT OF FIRST LIEUTENANT RUTH M. PRAY, WOMEN'S MEDICAL SPECIALIST CORPS SECTION, OFFICERS' RESERVE CORPS, ON THE BASIS OF A MILITARY PAY ORDER SUBMITTED THEREWITH, COVERING THE DIFFERENCE IN BASIC PAY BETWEEN THAT OF A FIRST LIEUTENANT WITH MORE THAN ONE YEAR OF SERVICE AND THAT OF A FIRST LIEUTENANT WITH MORE THAN SIX YEARS' SERVICE, FOR THE PERIOD NOVEMBER 1 TO 30, 1951. IT IS STATED THAT PAYMENT ON THE LATTER BASIS WAS DISCONTINUED ON OCTOBER 31, 1941.

IT APPEARS THAT LIEUTENANT PRAY SERVED IN A CIVILIAN CAPACITY WITH THE MEDICAL DEPARTMENT OF THE WAR DEPARTMENT AND THE DEPARTMENT OF THE ARMY FROM OCTOBER 7, 1945, TO JULY 4, 1950, AS AN OCCUPATIONAL THERAPIST, AND THAT SHE ACCEPTED AN APPOINTMENT IN THE WOMEN'S MEDICAL SPECIALIST CORPS SECTION, OFFICERS' RESERVE CORPS, ON JULY 5, THE DATE ON WHICH SHE ENTERED UPON ACTIVE DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS IS NOT SHOWN.

SECTIONS 101 AND 102, TITLE 1 OF THE ARMY-NAVY NURSES ACT OF 1947, 61 STAT. 41, 42, ESTABLISHED IN THE MEDICAL DEPARTMENT OF THE REGULAR ARMY, AN ARMY NURSE CORPS AND A WOMEN'S MEDICAL SPECIALIST CORPS, AN OCCUPATIONAL THERAPIST SECTION BEING INCLUDED IN THE LATTER CORPS. SECTION 114, TITLE 1, OF THAT ACT ESTABLISHED AN ARMY NURSE CORPS SECTION AND A WOMEN'S MEDICAL SPECIALIST CORPS SECTION IN THE OFFICERS' RESERVE CORPS OF THE ARMY OF THE UNITED STATES. SECTION 110 OF THAT SAME ACT, AS AMENDED BY SECTION 3 (F) OF THE ACT OF MAY 16, 1950, 64 STAT. 161, PROVIDES, INTER ALIA, THAT ,EXCEPT FOR THE PURPOSE OF DETERMINING A PERSON'S GRADE, RANK, AND RIGHT TO PROMOTION IN THE REGULAR ARMY (SEE SECTION 105 (B) HEREOF, 61 STAT. 44), IN COMPUTING YEARS OF ACTIVE FEDERAL MILITARY SERVICE FOR ALL PURPOSES OF ANY PERSON, THERE SHALL BE CREDITED * * * ACTIVE FULL-TIME SERVICE WITH THE MEDICAL DEPARTMENT OF THE WAR DEPARTMENT AS A CIVILIAN EMPLOYEE (EXCEPT AS A STUDENT OR APPRENTICE) * * * IN THE OCCUPATIONAL THERAPY CATEGORY PRIOR TO HER APPOINTMENT IN ANY OF THE CORPS ESTABLISHED BY TITLE I OF THIS ACT.'

WHILE THE VIEW WAS EXPRESSED IN DECISION OF THIS OFFICE DATED MARCH 19, 1948, 27 COMP. GEN. 530, THAT THE PROVISIONS OF SECTION 110, SUPRA, PRIOR TO ITS AMENDMENT, AUTHORIZING CERTAIN SERVICE TO BE COUNTED IN COMPUTING "ACTIVE FEDERAL MILITARY SERVICE," WERE NOT INCLUDED IN THE 1947 ACT FOR THE PURPOSES OF THE COMPUTATION OF LONGEVITY AND PERIOD PAY, AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THE AMENDATORY ACT OF MAY 16, 1950, DISCLOSES THAT ONE OF THE PRINCIPAL PURPOSES OF THE AMENDMENT OF THE SAID SECTION 110 WAS TO "PLACE THE OCCUPATIONAL THERAPISTS IN THE SAME CATEGORY (WITH RESPECT TO COUNTING WAR DEPARTMENT CIVILIAN EMPLOYEE SERVICE) AS OTHER MEMBERS OF THE WOMEN'S MEDICAL SPECIALIST CORPS (PHYSICAL THERAPISTS AND DIETITIANS) FOR PAY PURPOSES," NOTWITHSTANDING THAT IN THE SAID DECISION OF MARCH 19, 1948, THIS OFFICE HAD HELD THAT MEMBERS OF THE WOMEN'S MEDICAL SPECIALIST CORPS, IN COMPUTING THEIR PAY, WERE ENTITLED TO CREDIT FOR CIVILIAN WAR DEPARTMENT SERVICE AS DIETITIANS AND PHYSICAL THERAPISTS, NOT UNDER SECTION 110 OF THE ARMY-NAVY NURSES ACT OF 1947, BUT UNDER CERTAIN PROVISIONS IN THE ACTS OF DECEMBER 22, 1942, (56 STAT. 1073), AND JUNE 22, 1944 (58 STAT. 325), READ IN CONJUNCTION WITH SECTION 105 (B) OF THE 1947 ACT. THE PERTINENT STATEMENTS IN THE SAID LEGISLATIVE HISTORY MAY BE FOUND ON PAGES 4159, 40 AND 4168 OF THE HEARINGS ON H.R. 5876 BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, AUGUST 17, 1949, AND PAGE 17 OF THE SIMILAR SENATE HEARINGS ON THAT BILL. IN VIEW OF SUCH LEGISLATIVE HISTORY AND THE BROAD TERMS OF THE SAID SECTION 110 AS AMENDED, IT APPEARS THAT SUCH AMENDED SECTION MUST BE CONSIDERED AS AUTHORIZING THE PERSONS TO WHOM IT IS APPLICABLE TO COUNT FOR PAY PURPOSES THE VARIOUS CLASSES OF SERVICE LISTED THEREIN.

ALTHOUGH TITLE I OF THE ARMY-NAVY NURSES ACT OF 1947, CREATED AN ARMY NURSE CORPS AND A WOMEN'S MEDICAL SPECIALIST CORPS IN THE REGULAR ARMY, THERE APPEARS TO BE NO VALID REASON FOR DISTINGUISHING BETWEEN REGULARS AND RESERVISTS IN THE MATTER OF COUNTING CIVILIAN OCCUPATIONAL THERAPY SERVICE FOR PAY PURPOSES, AND SINCE THE SAID TITLE I ALSO ESTABLISHED A WOMEN'S MEDICAL SPECIALIST CORPS SECTION IN THE OFFICERS' RESERVE CORPS, WOMEN WHO HAVE RECEIVED APPOINTMENTS IN SUCH SECTION REASONABLY MAY BE REGARDED AS HAVING RECEIVED SUCH APPOINTMENTS "IN ANY OF THE CORPS ESTABLISHED BY TITLE I OF THIS ACT," WITHIN THE MEANING OF SECTION 110 OF THE SAID ACT, AS AMENDED. HENCE, IT APPEARS THAT LIEUTENANT PRAY PROPERLY MAY BE PAID AS AN OFFICER WITH MORE THAN SIX YEARS' SERVICE DURING THE MONTH OF NOVEMBER 1951.

ACCORDINGLY, IF ADJUSTMENT IS PROPER IN ALL OTHER RESPECTS, YOU ARE AUTHORIZED TO ADJUST THE ACCOUNT OF LIEUTENANT PRAY ON THE BASIS OF THE ABOVE-MENTIONED MILITARY PAY ORDER AND SUCH ORDER IS RETURNED HEREWITH.