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B-31568, MARCH 27, 1943, 22 COMP. GEN. 918

B-31568 Mar 27, 1943
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MEMBERS OF SAID CORPS ARE ENTITLED TO RECEIVE THE SAME INCREASED PAY FOR FOREIGN SERVICE AS IS PROVIDED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 FOR ARMY PERSONNEL OF CORRESPONDING RANK OR GRADE. - WHOSE PAY AND ALLOWANCES ARE ASSIMILATED BY THE ACT OF OCTOBER 26. - ARE SUBJECT TO THE LIMITATIONS OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942. AS FOLLOWS: REFERENCE IS MADE TO THE ACT OF OCTOBER 26. WHO IS ENTITLED TO RECEIVE THE PAY OF THE 6TH PAY PERIOD.'. SIMILAR LANGUAGE IS USED IN AUTHORIZING PAY FOR THE ASSISTANT DIRECTORS. THE PAY OF ENROLLED MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS IS ASSIMILATED TO THAT OF ENLISTED MEN OF THE REGULAR ARMY BY SECTION 4 OF THE ACT OF OCTOBER 26.

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B-31568, MARCH 27, 1943, 22 COMP. GEN. 918

PAY; RENTAL ALLOWANCE - WOMEN'S ARMY AUXILIARY CORPS UNDER THE PROVISIONS OF THE ACT OF OCTOBER 26, 1942, THAT MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS SHALL RECEIVE PAY AND ALLOWANCES "AT THE RATES" PROVIDED FOR OFFICERS AND ENLISTED MEN OF THE ARMY OF CORRESPONDING RANK OR GRADE, WITHOUT DEPENDENTS, MEMBERS OF SAID CORPS ARE ENTITLED TO RECEIVE THE SAME INCREASED PAY FOR FOREIGN SERVICE AS IS PROVIDED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 FOR ARMY PERSONNEL OF CORRESPONDING RANK OR GRADE. EXECUTIVE ORDER NO. 9195, SETTING FORTH WHAT DUTY AND WHAT AERIAL FLIGHTS MUST BE PERFORMED BY VARIOUS DESIGNATED CLASSES OF MILITARY PERSONNEL TO ENTITLE THEM TO ADDITIONAL PAY UNDER SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942 FOR PARTICIPATION "IN REGULAR AND FREQUENT AERIAL FLIGHTS," CONTAINS NO REQUIREMENTS RESPECTING AERIAL FLIGHTS BY MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, AND, THEREFORE, ANY FLYING DUTY PERFORMED BY MEMBERS OF THE CORPS WOULD NOT CONSTITUTE PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS SO AS TO ENTITLE THEM--- UNDER THE ACT OF OCTOBER 26, 1942, ASSIMILATING THEIR PAY AND ALLOWANCES TO THOSE OF ARMY PERSONNEL --- TO THE ADDITIONAL PAY FOR FLYING DUTY. PAYMENTS OF RENTAL ALLOWANCE WHILE ON FIELD OR SEA DUTY TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS--- WHOSE PAY AND ALLOWANCES ARE ASSIMILATED BY THE ACT OF OCTOBER 26, 1942, TO THOSE OF ARMY PERSONNEL WITHOUT DEPENDENTS--- ARE SUBJECT TO THE LIMITATIONS OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF MARCH 6, 1943, IN THE SAME MANNER AND TO THE SAME EXTENT AS APPLIES TO OFFICERS OF THE REGULAR ARMY, WITHOUT DEPENDENTS, UNDER SIMILAR CIRCUMSTANCES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MARCH 27, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 5, 1943, AS FOLLOWS:

REFERENCE IS MADE TO THE ACT OF OCTOBER 26, 1942, ( PUBLIC LAW 761-- 77TH CONGRESS) WHICH AUTHORIZES NEW RATES OF PAY AND ALLOWANCE FOR MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS AND WHICH PROVIDES THAT "THE DIRECTOR SHALL RECEIVE PAY AND ALLOWANCES AT THE RATE NOW OR HEREAFTER PROVIDED BY LAW FOR A COMMISSIONED OFFICER OF THE REGULAR ARMY WITHOUT DEPENDENTS, WHO IS ENTITLED TO RECEIVE THE PAY OF THE 6TH PAY PERIOD.' SIMILAR LANGUAGE IS USED IN AUTHORIZING PAY FOR THE ASSISTANT DIRECTORS, FIELD DIRECTORS, AND FIRST, SECOND AND THIRD OFFICERS, WHO NOW RECEIVE THE PAY AND ALLOWANCES OF COMMISSIONED OFFICERS OF THE REGULAR ARMY, WITHOUT DEPENDENTS, OF THE FIFTH, FOURTH, THIRD, SECOND AND FIRST PAY PERIODS RESPECTIVELY.

THE PAY OF ENROLLED MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS IS ASSIMILATED TO THAT OF ENLISTED MEN OF THE REGULAR ARMY BY SECTION 4 OF THE ACT OF OCTOBER 26, 1942, AS FOLLOWS:

"THE SECRETARY IS AUTHORIZED TO HAVE ENROLLED IN THE CORPS, IN ADDITION TO THE DIRECTOR, ASSISTANT DIRECTOR, FIELD DIRECTORS, AND OFFICERS HEREINABOVE PROVIDED FOR, BY VOLUNTARY ENROLLMENT, WOMEN OF EXCELLENT CHARACTER IN GOOD PHYSICAL HEALTH, BETWEEN THE AGES OF TWENTY ONE AND FORTY-FIVE YEARS AND CITIZENS OF THE UNITED STATES. THE PERSONNEL OF THE CORPS SO ENROLLED SHALL BE DISTRIBUTED, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, IN SEVEN GRADES CORRESPONDING TO THE SEVEN ENLISTED GRADES IN THE REGULAR ARMY; AND THE SECRETARY SHALL HAVE COMPLETE AUTHORITY TO DEFINE THE QUALIFICATIONS FOR ALL OF THE GRADES IN WHICH SUCH PERSONNEL ARE SO DISTRIBUTED. PERSONNEL IN EACH OF THE SEVEN GRADES SHALL RECEIVE PAY AND ALLOWANCES AT THE RATES NOW OR HEREAFTER PROVIDED BY LAW FOR ENLISTED MEN, WITHOUT DEPENDENTS, IN THE CORRESPONDING ENLISTED GRADES IN THE REGULAR ARMY.'

SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 ( PUBLIC LAW 607--- 77TH CONGRESS) PROVIDES FOREIGN SERVICE PAY AS FOLLOWS:

"THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY AS SUCH DUTY MAY BE DEFINED BY THE HEAD OF THE DEPARTMENT CONCERNED, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA. * * *"

SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, PROVIDES FOR AN INCREASE OF 50 PERCENT FOR FLYING PAY TO " OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT AND MEMBERS OF THE RESERVE FORCES OF SUCH SERVICES, AND THE NATIONAL GUARD * * *.'

IN VIEW OF THE ABOVE, YOUR DECISION IS REQUESTED, (A) WHETHER MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE ENTITLED, UNDER THE PROVISIONS OF THE ABOVE-QUOTED SECTIONS OF THE ACTS CITED, TO ADDITIONAL PAY FOR FOREIGN SERVICE AT THE RATES PRESCRIBED IN THE PAY READJUSTMENT ACT FOR OFFICERS AND ENLISTED MEN, RESPECTIVELY, AND (B) TO ADDITIONAL PAY FOR FLYING.

SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, PROVIDES IN PART AS FOLLOWS:

"* * * NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD OR SEA DUTY, NOR SHALL ANY RENTAL ALLOWANCES ACCRUE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS ARE NOT ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY: PROVIDED, THAT AN OFFICER ALTHOUGH FURNISHED WITH QUARTERS SHALL BE ENTITLED TO RENTAL ALLOWANCE AS AUTHORIZED IN THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.

"REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE, IN HIS JUDGMENT, BE UNIFORM FOR ALL THE SERVICES CONCERNED, INCLUDING ADJUNCT FORCES THEREOF.'

EXECUTIVE ORDER NO. 9255 DATED OCTOBER 13, 1942, ISSUED PURSUANT TO SECTION 6 AS QUOTED ABOVE, PRESCRIBING REGULATIONS GOVERNING PAYMENT OF RENTAL ALLOWANCES TO OFFICERS, DEFINES FIELD DUTY AND SEA DUTY, IN PARAGRAPHS I (B) AND (C), AS FOLLOWS:

"/B) THE TERM "FIELD DUTY" SHALL MEAN SERVICE, UNDER ORDERS, WITH TROOPS OPERATING AGAINST AN ENEMY, ACTUAL OR POTENTIAL.

"/C) THE TERM "SEA DUTY" SHALL MEAN SERVICE AT SEA BY AN OFFICER ON A VESSEL UNDER ORDERS (1) REQUIRING THE OFFICER TO REPORT FOR DUTY ON BOARD A DESIGNATED VESSEL OR (2) ASSIGNING HIM TO DUTY IN COMMAND OF VESSELS OR AS A MEMBER OF THE STAFF OF AN OFFICER IN COMMAND OF VESSELS: PROVIDED, THAT THE OFFICER CONCERNED IS NOT DURING THE SAME PERIOD REQUIRED TO RENDER SERVICE ON SHORE OF A CHARACTER DETERMINED BY THE DEPARTMENT CONCERNED TO BE PARAMOUNT TO THE DUTY WHICH HE IS REQUIRED TO RENDER AT SEA.'

IF MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE ORDERED TO DUTY WITH TROOPS, OR TO SEA DUTY AS DEFINED IN EXECUTIVE ORDER 9255, SUPRA, ARE THEY DEPRIVED OF RENTAL ALLOWANCE DURING THE PERIOD OF SUCH DUTY?

THE PRACTICE OF FIXING BY ASSIMILATION THE PAY, ALLOWANCES, ETC., OF MEMBERS OF THE VARIOUS BRANCHES OF THE ARMED FORCES, AND, IN SOME CASES, OF CIVILIAN EMPLOYEES ASSOCIATED THEREWITH, IS NOT NEW. SEE FOR INSTANCE SECTION 1612, REVISED STATUTES, ASSIMILATING THE PAY AND ALLOWANCES OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS TO THOSE OF OFFICERS AND ENLISTED MEN IN THE INFANTRY OF THE ARMY; THE ACT OF MARCH 3, 1899, 30 STAT. 1004, ASSIMILATING THE PAY OF NAVAL OFFICERS TO THAT OF OFFICERS OF THE ARMY OF CORRESPONDING RANK, AND THE ACT OF JUNE 24, 1910, 36 STAT. 605, 606, ASSIMILATING THE PAY AND ALLOWANCES OF CIVILIAN PAYMASTER'S CLERKS OF THE NAVY TO THAT OF WARRANT OFFICERS OF THE NAVY.

THE ACT OF OCTOBER 26, 1942, 56 STAT. 988, 990, REFERRED TO IN YOUR LETTER, PROVIDES THAT ENROLLED MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS SHALL BE DISTRIBUTED IN SEVEN GRADES CORRESPONDING TO THE SEVEN ENLISTED GRADES IN THE REGULAR ARMY (SEE SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363) AND STIPULATES THAT THEY SHALL RECEIVE PAY AND ALLOWANCES ,AT THE RATES NOW OR HEREAFTER PROVIDED BY LAW FOR ENLISTED MEN, WITHOUT DEPENDENTS, IN THE CORRESPONDING ENLISTED GRADES IN THE REGULAR ARMY.' THE PAY AND ALLOWANCES OF THE DIRECTOR OF THE CORPS, THE ASSISTANT DIRECTORS, FIELD DIRECTORS, AND THE FIRST, SECOND AND THIRD OFFICERS, ARE SIMILARLY ASSIMILATED TO THOSE OF OFFICERS OF THE REGULAR ARMY, WITHOUT DEPENDENTS.

IT WILL BE NOTED THAT THE ASSIMILATING WORDS USED IN THE SAID ACT OF OCTOBER 26, 1942, DIFFER SOMEWHAT FROM THOSE GENERALLY USED IN ASSIMILATING STATUTES. USUALLY, SUCH STATUTES PROVIDE THAT THE PERSONS AFFECTED SHALL RECEIVE "THE SAME PAY AND ALLOWANCES" WHILE THE PRESENT ACT STATES THEY SHALL RECEIVE PAY AND ALLOWANCES "AT THE RATES" PROVIDED FOR OFFICERS AND ENLISTED MEN OF THE ARMY WITHOUT DEPENDENTS. HOWEVER, THE DIFFERENCE DOES NOT APPEAR TO BE MATERIAL. THE RATE OF PAY PROVIDED FOR AN ENLISTED MAN, FOR INSTANCE, IS NOT ALWAYS HIS BASE PAY. HIS RATE OF PAY MAY VARY WITH THE CIRCUMSTANCES. FOR EXAMPLE, WHEN ON FOREIGN DUTY DURING THE PRESENT WAR HIS RATE OF PAY IS HIS BASE PAY PLUS 20 PERCENT. LIKEWISE, WHEN BY ORDERS OF COMPETENT AUTHORITY HE IS REQUIRED TO PARTICIPATE, AND DOES PARTICIPATE, REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AS DEFINED BY EXECUTIVE ORDERS PROMULGATED BY THE PRESIDENT, HIS RATE OF PAY IS NOT HIS REGULAR PAY BUT IS HIS REGULAR PAY PLUS 50 PERCENT.

THE QUESTIONS HERE UNDER CONSIDERATION ARISE BY REASON OF THE FACT THAT BY THE PROVISIONS OF SECTION 12 OF THE ACT OF MAY 14, 1942, 56 STAT. 281, MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE NOT IN THE ARMY BUT ARE CIVILIANS SERVING WITH THE ARMY. THAT FACT AND THE FACT THAT MEMBERS OF THE CORPS ARE AVAILABLE FOR NONCOMBATANT DUTIES, ONLY, WOULD PREVENT THEIR BEING PAID AT AN INCREASED RATE PROVIDED FOR OFFICERS AND ENLISTED MEN OF THE ARMY FOR SERVICES OF A STRICTLY COMBATANT OR MILITARY NATURE. SEE, IN THIS CONNECTION, UNITED STATES V. CROSLEY, 196 U.S. 327, WHERE IT WAS HELD THAT THE EFFECT OF THE ACT OF MARCH 3, 1899, SUPRA, WAS TO EQUALIZE THE PAY OF NAVAL OFFICERS WITH THAT OF OFFICERS OF THE ARMY OF EQUAL RANK AS TO DUTIES PROPERLY REQUIRED OF A NAVAL OFFICER BUT THAT IT DID NOT OPERATE TO PROVIDE PAY FOR NAVAL OFFICERS FOR SERVICES WHICH WERE PECULIAR TO THE ARMY.

WHILE THE HISTORY OF THE SAID ACT OF MAY 14, 1942, DOES NOT INDICATE THAT IT WAS CONTEMPLATED THAT MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS WOULD BE ASSIGNED TO DUTIES INVOLVING REGULAR AND FREQUENT AERIAL FLIGHTS WITHIN THE MEANING OF THE MILITARY PAY STATUTES, THE HEARINGS ON THE LEGISLATION BEFORE THE CONGRESSIONAL COMMITTEES CLEARLY INDICATE THAT IT WAS CONTEMPLATED THAT THEY MIGHT BE ASSIGNED TO DUTY OVERSEAS. WHILE SO ASSIGNED, MEMBERS OF THE CORPS WOULD BE SUBJECT, GENERALLY TO THE SAME CONDITIONS AS THE MILITARY PERSONNEL WITH WHOM THEY SERVE; AND IN VIEW OF THE LATER STATUTORY PROVISION THAT MEMBERS OF THE CORPS SHALL RECEIVE PAY AND ALLOWANCES AT THE RATES PROVIDED BY LAW FOR OFFICERS AND ENLISTED MEN OF CORRESPONDING RANK OR GRADE, WITHOUT DEPENDENTS, IT IS CONCLUDED THAT THE CONGRESS INTENDED THAT THEY SHOULD RECEIVE THE SAME INCREASED PAY FOR FOREIGN SERVICE AS PROVIDED FOR ARMY PERSONNEL OF CORRESPONDING RANK OR GRADE BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 360, QUOTED IN YOUR LETTER. ACCORDINGLY, YOUR QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE.

HOWEVER, BY THE TERMS OF THE FIRST PARAGRAPH OF SECTION 18 OF THE SAID PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942, 56 STAT. 368, ADDITIONAL PAY FOR FLYING ACCRUES ONLY TO OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN WHO IN CONSEQUENCE OF ORDERS OF COMPETENT AUTHORITY ARE REQUIRED TO PARTICIPATE, AND DO PARTICIPATE, IN REGULAR AND FREQUENT AERIAL FLIGHTS "AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT.' THE SAID PARAGRAPH FURTHER PROVIDES THAT " REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS PARAGRAPH SHALL BE MADE BY THE PRESIDENT * * *.' EXECUTIVE ORDER 9195, JULY 7, 1942, SETS FORTH IN DETAIL WHAT DUTY AND WHAT FLIGHTS BY VARIOUS DESIGNATED CLASSES OF PERSONNEL SHALL BE REQUIRED. PARAGRAPH 14 OF THE EXECUTIVE ORDER STATES THAT:

COMPLIANCE WITH THE FOREGOING REQUIREMENTS CONSTITUTES PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS WITHIN THE MEANING OF THE ACT APPROVED JULY 2, 1926 (44 STAT. 780), AND THE ACT APPROVED JUNE 16, 1942 ( PUBLIC LAW 607, 77TH CONGRESS, 2D SESSION), AND NO FLIGHT PAY SHALL ACCRUE TO ANY PERSON DURING ANY PERIOD IN WHICH THE PROVISIONS OF THIS ORDER ARE NOT COMPLIED WITH * * *. THE EXECUTIVE ORDER CONTAINS NO REQUIREMENTS RESPECTING AERIAL FLIGHTS BY MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, AND IT FOLLOWS THAT ANY FLYING DUTY PERFORMED BY THEM WOULD NOT CONSTITUTE PARTICIPATION IN REGULAR AND FREQUENT AERIAL FLIGHTS "AS DEFINED" IN THE CONTROLLING EXECUTIVE ORDER, AND, HENCE, WOULD NOT BE THE PARTICULAR CHARACTER OF DUTY STIPULATED IN THE STATUTE FOR WHICH INCREASED PAY IS PROVIDED. THAT IS, NO RIGHT TO SUCH INCREASED PAY ACCRUES TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, BY ASSIMILATION, BECAUSE THE DUTY REQUIRED, AS DEFINED BY EXECUTIVE REGULATIONS PURSUANT TO THE STATUTE, IS DUTY WHICH IS TO BE PERFORMED BY MILITARY PERSONNEL EXCLUSIVELY, INSOFAR AS THE ARMY IS CONCERNED. THEREFORE, YOUR QUESTION (B) IS ANSWERED IN THE NEGATIVE.

WITH RESPECT TO YOUR LAST QUESTION, THE FOURTH PARAGRAPH OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, QUOTED IN YOUR LETTER, WAS AMENDED BY THE ACT OF MARCH 6, 1943, PUBLIC LAW 5, TO READ AS FOLLOWS:

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD DUTY UNLESS HIS COMMANDING OFFICER CERTIFIES THAT HE WAS NECESSARILY REQUIRED TO PROCURE QUARTERS AT HIS OWN EXPENSE, OR WHILE ON SEA DUTY, EXCEPT FOR TEMPORARY PERIODS OF SEA DUTY NOT EXCEEDING THREE MONTHS, NOR SHALL ANY RENTAL ALLOWANCE ACCRUE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS ARE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY, AND SUCH CERTIFICATIONS SHALL BE CONCLUSIVE: PROVIDED, THAT AN OFFICER ALTHOUGH FURNISHED WITH QUARTERS SHALL BE ENTITLED TO RENTAL ALLOWANCE AS AUTHORIZED IN THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.

FIELD AND SEA DUTY ARE NOT NECESSARILY REQUIRED TO BE OF A STRICTLY COMBATANT NATURE AND IT IS NOT SUGGESTED THAT MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ARE PRECLUDED FROM BEING ASSIGNED TO SUCH DUTIES. SINCE RENTAL ALLOWANCE PAYABLE TO MEMBERS OF THE CORPS IS ON THE BASIS OF ASSIMILATION TO THE RIGHTS OF ARMY OFFICERS HAVING NO DEPENDENTS, YOU ARE ADVISED THAT PAYMENTS TO THEM OF RENTAL ALLOWANCE WHILE ON FIELD OR SEA DUTY ARE SUBJECT TO THE LIMITATIONS CONTAINED IN THE SAID FOURTH PARAGRAPH OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF MARCH 6, 1943, IN THE SAME MANNER AND TO THE SAME EXTENT AS APPLIES TO OFFICERS OF THE REGULAR ARMY, WITHOUT DEPENDENTS, UNDER SIMILAR CIRCUMSTANCES.

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