B-32874, APRIL 14, 1943, 22 COMP. GEN. 955

B-32874, APRIL 14, 1943, 22 COMP. GEN. 955

RENTAL, SUBSISTENCE AND QUARTERS ALLOWANCES; FAMILY ALLOWANCE BENEFITS - MEMBERS OF WOMEN'S RESERVE IN NAVAL AND COAST GUARD RESERVES; OFFICERS AND ENLISTED MEN OF MILITARY AND NAVAL SERVICES MEMBERS OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE AND THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE ESTABLISHED BY THE ACTS OF JULY 30, 1942, AND NOVEMBER 23, 1942, RESPECTIVELY, MAY NOT BE PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES OR QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS. AN OFFICER, OR ENLISTED MAN OF THE FIRST THREE PAY GRADES, IS NOT ENTITLED TO RENTAL OR QUARTERS ALLOWANCE AS WITH DEPENDENTS WHERE THE ONLY DEPENDENT IS HIS WIFE WHO IS SERVING IN OR WITH THE MILITARY OR NAVAL SERVICES AND IS FURNISHED PUBLIC QUARTERS AT GOVERNMENT EXPENSE OR IS PAID RENTAL OR QUARTERS ALLOWANCE IN LIEU THEREOF. AN OFFICER, OR ENLISTED MAN OF THE FIRST THREE PAY GRADES, MAY BE PAID INCREASED RENTAL ALLOWANCE OR QUARTERS ALLOWANCE ON ACCOUNT OF A DEPENDENT CHILD, AS DEFINED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, WHO DOES NOT OCCUPY PUBLIC QUARTERS AND FOR WHOM NO PUBLIC QUARTERS ARE ASSIGNED, EVEN THOUGH HIS WIFE IS SERVING WITH OR IN THE MILITARY OR NAVAL SERVICES AND IS FURNISHED PUBLIC QUARTERS FOR HER PERSONAL USE. THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR DEPENDENTS OF ENLISTED MEN OF DESIGNATED GRADES MAY NOT BE PAID TO DEPENDENTS OF ENLISTED PERSONNEL OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE AND THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE. AN OFFICER OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE OR THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE WHOSE HUSBAND IS AN OFFICER OR ENLISTED MAN IN THE MILITARY OR NAVAL SERVICES IS ENTITLED TO THE STATUTORY SUBSISTENCE ALLOWANCE IN HER OWN RIGHT, AND IF NOT FURNISHED PUBLIC QUARTERS, SHE IS ENTITLED TO RENTAL ALLOWANCE IN HER OWN RIGHT-- EXCEPT UNDER CERTAIN CONDITIONS OF FIELD OR SEA DUTY--- IRRESPECTIVE OF ANY ALLOWANCES TO WHICH HER HUSBAND MAY BE ENTITLED. AN OFFICER OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE OR THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE WHOSE HUSBAND IS AN ENLISTED MAN IN THE MILITARY OR NAVAL SERVICE IS ENTITLED TO THE STATUTORY RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT, EVEN THOUGH THE HUSBAND BE ENTITLED TO A QUARTERS ALLOWANCE ON ACCOUNT OF HIS MINOR CHILDREN OR HIS DEPENDENTS BE ENTITLED TO THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. AN ENLISTED MEMBER OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE OR THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE WHOSE HUSBAND IS AN ENLISTED MAN IN THE MILITARY OR NAVAL SERVICE WOULD BE ENTITLED TO QUARTERS ALLOWANCE IN HER OWN RIGHT, IF OTHERWISE ENTITLED THERETO; AND HER HUSBAND WOULD BE ENTITLED TO QUARTERS ALLOWANCE IN HIS OWN RIGHT, IF OTHERWISE ENTITLED THERETO.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, APRIL 14, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 1, 1943, REQUESTING DECISION ON SEVERAL QUESTIONS RELATIVE TO ALLOWANCES ON ACCOUNT OF DEPENDENTS IN VARIOUS CIRCUMSTANCES INVOLVING MEMBERS OF THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE AND THE WOMEN'S RESERVE IN THE NAVAL RESERVE. THERE WAS RECEIVED, ALSO, YOUR LETTER OF MARCH 18, 1943, TRANSMITTING A MEMORANDUM FOR CONSIDERATION IN CONNECTION WITH SUCH QUESTIONS. THE QUESTIONS WILL BE QUOTED AS CONSIDERED.

THE ACT OF NOVEMBER 23, 1942, 56 STAT. 1020, 1021, PUBLIC LAW 773, ESTABLISHING THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE PROVIDES:

THAT THE COAST GUARD AUXILIARY AND RESERVE ACT OF 1941 (55 STAT. 9), AS AMENDED ( U.S.C., TITLE 14, CH. 9; PUBLIC LAW 599, SEVENTY SEVENTH CONGRESS, SECOND SESSION), IS FURTHER AMENDED BY ADDING AFTER SECTION 304 THEREOF AN ADDITIONAL TITLE AS FOLLOWS:

" TITLE IV - WOMEN'S RESERVE

"SEC. 401. A WOMEN'S RESERVE IS HEREBY ESTABLISHED WHICH SHALL BE A BRANCH OF THE COAST GUARD RESERVE AND SHALL BE ADMINISTERED IN THE SAME MANNER AS PROVIDED FOR THE COAST GUARD RESERVE IN ALL RESPECTS, EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO THE WOMEN'S RESERVE, OR AS SPECIFICALLY PROVIDED HEREIN.

"SEC. 402. MEMBERS OF THE WOMEN'S RESERVE MAY BE COMMISSIONED OR ENLISTED IN SUCH APPROPRIATE RANKS AND RATINGS CORRESPONDING TO THOSE OF THE REGULAR COAST GUARD AS MAY BE PRESCRIBED BY THE SECRETARY OF THE TREASURY, OR BY THE SECRETARY OF THE NAVY WHILE THE COAST GUARD IS OPERATING AS A PART OF THE NAVY: PROVIDED, THAT THERE SHALL NOT BE MORE THAN ONE OFFICER IN THE GRADE OF LIEUTENANT COMMANDER; NOR MORE THAN EIGHTEEN OFFICERS IN THE GRADE OF LIEUTENANT; AND THAT THE NUMBER OF OFFICERS IN THE GRADE OF LIEUTENANT (JUNIOR GRADE) SHALL NOT EXCEED 35 PERCENTUM OF THE TOTAL NUMBER OF COMMISSIONED OFFICERS: AND PROVIDED FURTHER, THAT THE MILITARY AUTHORITY OF OFFICERS COMMISSIONED UNDER THE PROVISIONS OF THIS TITLE MAY BE EXERCISED OVER WOMEN OF THE RESERVE ONLY AND IS LIMITED TO THE ADMINISTRATION OF THE WOMEN'S RESERVE.

"SEC. 403. THE RESERVE ESTABLISHED BY THIS TITLE SHALL BE COMPOSED OF MEMBERS WHO HAVE ATTAINED THE AGE OF TWENTY YEARS.

"SEC. 404. MEMBERS OF THE WOMEN'S RESERVE SHALL NOT BE ASSIGNED TO DUTY ON BOARD VESSELS OF THE NAVY OR COAST GUARD OR IN COMBAT AIRCRAFT AND SHALL BE RESTRICTED TO THE PERFORMANCE OF SHORE DUTY WITHIN THE CONTINENTAL UNITED STATES ONLY.

"SEC. 405. MEMBERS OF THE WOMEN'S RESERVE SHALL NOT BE USED TO REPLACE CIVIL-SERVICE PERSONNEL BUT SHALL BE COMPOSED OF WOMEN TRAINED AND QUALIFIED FOR DUTY IN THE SHORE ESTABLISHMENT OF THE COAST GUARD TO RELEASE MALE OFFICERS AND ENLISTED MEN OF THE COAST GUARD SERVICE FOR DUTY AT SEA.

"SEC. 406. THE PROVISIONS OF SECTION 211 OF THIS ACT (55 STAT. 12) SHALL NOT BE APPLICABLE TO MEMBERS OF THE WOMEN'S RESERVE, BUT SUCH MEMBERS SHALL BE ENTITLED TO THE SAME BENEFITS AS ARE PROVIDED FOR TEMPORARY MEMBERS OF THE RESERVE IN SECTION 212 OF THIS ACT.

"SEC. 407. THE COMMANDANT OF THE COAST GUARD SHALL FIX THE MONEY VALUE OF ARTICLES OF UNIFORM AND EQUIPMENT WHICH ENLISTED MEMBERS OF THE WOMEN'S RESERVE ARE REQUIRED TO HAVE UPON THEIR FIRST REPORTING FOR ACTIVE DUTY: PROVIDED, THAT HE MAY AUTHORIZE SUCH ARTICLES OF UNIFORM AND EQUIPMENT, OR PARTS THEREOF, TO BE ISSUED IN KIND, OR, IN LIEU THEREOF THE PAYMENT IN CASH OF THE MONEY VALUE FIXED ACCORDING TO THE FOREGOING, NOT TO EXCEED $200, TO BE MADE TO SUCH MEMBERS SO ORDERED TO ACTIVE DUTY, FOR THE PURCHASE OF SUCH ARTICLES OF UNIFORM AND EQUIPMENT.

"SEC. 408. THE AUTHORITY CONFERRED BY THIS ACT FOR APPOINTMENTS AND ENLISTMENTS IN THE WOMEN'S RESERVE SHALL BE EFFECTIVE DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, OR UNTIL SUCH EARLIER TIME AS THE CONGRESS, BY CONCURRENT RESOLUTION, OR THE PRESIDENT, BY PROCLAMATION, MAY DESIGNATE.'

SEC. 3. THE TERMS "MEN" AND "ENLISTED MEN," AS CONTAINED IN ACTS APPROPRIATING FUNDS FOR THE COAST GUARD, SHALL NOT BE CONSTRUED TO DEPRIVE WOMEN ENLISTED OR ENROLLED IN THE COAST GUARD, OF THE PAY, ALLOWANCES, GRATUITIES, AND OTHER BENEFITS GRANTED BY LAW TO ENLISTED PERSONNEL OF THE COAST GUARD.

SECTION 206 OF THE ACT OF FEBRUARY 19, 1941, 55 STAT. 11, AS AMENDED BY SECTION 10 OF THE ACT OF JULY 11, 1941, 55 STAT. 587, AND SECTION 2 OF THE ACT OF NOVEMBER 23, 1942, 56 STAT. 1021, PUBLIC LAW 773, PROVIDES THAT OFFICERS AND ENLISTED PERSONNEL OF THE COAST GUARD RESERVE WHEN ENGAGED ON ACTIVE DUTY WITH PAY OR WHEN ENGAGED IN AUTHORIZED TRAVEL TO OR FROM SUCH DUTY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE RECEIVED BY OFFICERS AND ENLISTED PERSONNEL OF THE NAVAL RESERVE OF THE SAME RANK, GRADE, RATING AND LENGTH OF SERVICE.

THE WOMEN'S RESERVE IN THE NAVAL RESERVE WAS ESTABLISHED BY AN ACT APPROVED JULY 30, 1942, 56 STAT. 730, PUBLIC LAW 689, WHICH READS:

THAT THE NAVAL RESERVE ACT OF 1938, AS AMENDED, IS FURTHER AMENDED BY ADDING AFTER SECTION 401 THEREOF AN ADDITIONAL TITLE AS FOLLOWS:

" TITLE V - WOMEN'S RESERVE

"SEC. 501. A WOMEN'S RESERVE IS HEREBY ESTABLISHED WHICH SHALL BE A BRANCH OF THE NAVAL RESERVE AND SHALL BE ADMINISTERED UNDER THE SAME PROVISIONS IN ALL RESPECTS (EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO THE WOMEN'S RESERVE, OR AS SPECIFICALLY PROVIDED HEREIN) AS THOSE CONTAINED IN THIS ACT OR WHICH MAY HEREAFTER BE ENACTED WITH RESPECT TO THE VOLUNTEER RESERVE.

"SEC. 502. MEMBERS OF THE WOMEN'S RESERVE MAY BE COMMISSIONED OR ENLISTED IN SUCH APPROPRIATE RANKS AND RATINGS, CORRESPONDING TO THOSE OF THE REGULAR NAVY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT THERE SHALL NOT BE MORE THAN ONE OFFICER IN THE GRADE OF LIEUTENANT COMMANDER; NOR MORE THAN THIRTY-FIVE OFFICERS IN THE GRADE OF LIEUTENANT; AND THAT THE NUMBER OF OFFICERS IN THE GRADE OF LIEUTENANT (JUNIOR GRADE) SHALL NOT EXCEED 35 PERCENTUM OF THE TOTAL NUMBER OF COMMISSIONED OFFICERS: AND PROVIDED FURTHER, THAT MILITARY AUTHORITY OF OFFICERS COMMISSIONED UNDER THE PROVISIONS OF THIS ACT MAY BE EXERCISED OVER WOMEN OF THE RESERVE ONLY AND IS LIMITED TO THE ADMINISTRATION OF THE WOMEN'S RESERVE.

"SEC. 503. THE RESERVE ESTABLISHED BY THIS TITLE SHALL BE COMPOSED OF MEMBERS WHO HAVE ATTAINED THE AGE OF TWENTY YEARS.

"SEC. 504. MEMBERS OF THE WOMEN'S RESERVE SHALL BE RESTRICTED TO THE PERFORMANCE OF SHORE DUTY WITHIN THE CONTINENTAL UNITED STATES ONLY AND SHALL NOT BE ASSIGNED TO DUTY ON BOARD VESSELS OF THE NAVY OR IN COMBAT AIRCRAFT.

"SEC. 505. MEMBERS OF THE WOMEN'S RESERVE SHALL NOT BE USED TO REPLACE CIVIL-SERVICE PERSONNEL EMPLOYED IN THE NAVAL ESTABLISHMENT, BUT SHALL BE COMPOSED OF WOMEN TRAINED AND QUALIFIED FOR DUTY IN THE SHORE ESTABLISHMENT OF THE NAVY TO RELEASE MALE OFFICERS AND ENLISTED MEN OF THE NAVAL SERVICE FOR DUTY AT SEA.

"SEC. 506. THE BENEFITS PROVIDED BY SECTION 4 OF THE ACT APPROVED AUGUST 27, 1940 ( PUBLIC, NUMBERED 775, SEVENTY-SIXTH CONGRESS), AND BY THE ACT APPROVED MARCH 17, 1941 ( PUBLIC LAW NUMBERED 16, SEVENTY SEVENTH CONGRESS), SHALL NOT BE APPLICABLE TO MEMBERS OF THE WOMEN'S RESERVE WHO SUFFER DISABILITY OR DEATH IN LINE OF DUTY FROM DISEASE OR INJURY WHILE EMPLOYED ON ACTIVE DUTY: PROVIDED, THAT IF ANY MEMBER OF THE WOMEN'S RESERVE SUFFERS DISABILITY OR DEATH FROM DISEASE OR INJURY INCURRED IN LINE OF DUTY WHILE EMPLOYED ON ACTIVE DUTY, SHE OR HER BENEFICIARIES SHALL BE ENTITLED TO ALL THE BENEFITS PRESCRIBED BY LAW FOR CIVIL EMPLOYEES OF THE UNITED STATES WHO ARE PHYSICALLY INJURED OR WHO DIE AS A RESULT THEREOF.

"SEC. 507. THE SECRETARY OF THE NAVY SHALL FIX THE MONEY VALUE OF THE ARTICLES OF UNIFORM AND EQUIPMENT WHICH ENLISTED MEMBERS OF THE WOMEN'S RESERVE ARE REQUIRED TO HAVE UPON THEIR FIRST REPORTING FOR ACTIVE DUTY: PROVIDED, THAT HE MAY AUTHORIZE SUCH ARTICLES OF UNIFORM AND EQUIPMENT, OR PARTS THEREOF, TO BE ISSUED IN KIND, OR, IN LIEU THEREOF, THAT PAYMENT IN CASH OF THE MONEY VALUE FIXED IN ACCORDANCE WITH THE FOREGOING, NOT TO EXCEED $200, BE MADE TO SUCH MEMBERS SO ORDERED TO ACTIVE DUTY, FOR THE PURCHASE OF SUCH ARTICLES OF UNIFORM AND EQUIPMENT.

"SEC. 508. THE AUTHORITY CONFERRED BY THIS ACT FOR APPOINTMENTS AND ENLISTMENTS IN THE WOMEN'S RESERVE SHALL BE EFFECTIVE DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, OR UNTIL SUCH EARLIER TIME AS THE CONGRESS BY CONCURRENT RESOLUTION OR THE PRESIDENT BY PROCLAMATION MAY DESIGNATE.'

SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, APPROVED JUNE 25, 1938, 52 STAT. 1176, AS AMENDED BY SECTION 8 OF THE ACT OF AUGUST 27, 1940, 54 STAT. 865, PROVIDES THAT COMMISSIONED OFFICERS, EXCLUSIVE OF CHIEF WARRANT OFFICERS, OF THE NAVAL RESERVE, WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, SHALL RECEIVE THE PAY AND ALLOWANCES, INCLUDING LONGEVITY PAY, AS PROVIDED BY LAW FOR THE RESERVE FORCES OF THE UNITED STATES. UNDER THE SAME ACTS ENLISTED PERSONNEL OF THE NAVAL RESERVE WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, SHALL RECEIVE THE SAME PAY ALLOWANCES AS RECEIVED BY ENLISTED MEN OF THE REGULAR NAVY OF THE SAME RANK, GRADE OR RATING AND OF THE SAME LENGTH OF SERVICE. INSOFAR AS IS PERTINENT TO THE CONSIDERATION OF THE QUESTIONS SUBMITTED, THE LAW PROVIDES THAT OFFICERS OF THE RESERVE FORCES OF THE UNITED STATES WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES "SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE" IN THE REGULAR SERVICES. SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, PUBLIC LAW 607, APPROVED JUNE 16, 1942, 56 STAT. 367, AND SECTION 3 OF THE SAME ACT, AS AMENDED BY SECTION 2 OF THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, PUBLIC LAW 785.

SECTIONS 5 AND 6 OF THE SAID PAY READJUSTMENT ACT OF JUNE 16, 1942, 56 STAT. 361, PRESCRIBE THE SUBSISTENCE AND RENTAL ALLOWANCES TO BE PAID TO OFFICERS AS FOLLOWS:

SEC. 5. EACH COMMISSIONED OFFICER ON THE ACTIVE LIST, OR ON ACTIVE DUTY, BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, SHALL BE ENTITLED AT ALL TIMES, IN ADDITION TO HIS PAY, TO A MONEY ALLOWANCE FOR SUBSISTENCE. THE VALUE OF ONE SUBSISTENCE ALLOWANCE IS HEREBY FIXED AT 70 CENTS PER DAY. TO EACH OFFICER OF ANY OF THE SAID SERVICES RECEIVING THE BASE PAY OF THE FIRST, SECOND, THIRD, OR SIXTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO TWO SUBSISTENCE ALLOWANCES, AND TO EACH OFFICER RECEIVING THE BASE PAY OF THE FOURTH OR FIFTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO THREE SUBSISTENCE ALLOWANCES:PROVIDED, THAT AN OFFICER WITH NO DEPENDENTS SHALL RECEIVE ONE SUBSISTENCE ALLOWANCE IN LIEU OF THE ABOVE ALLOWANCES.

SEC. 6. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE-DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS.

TO AN OFFICER HAVING A DEPENDENT, RECEIVING THE BASE PAY OF THE FIRST PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $60 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE SECOND PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $75 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE THIRD PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $90 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FOURTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $105 PER MONTH, AND TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FIFTH OR SIXTH PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE $120 PER MONTH.

TO AN OFFICER HAVING NO DEPENDENTS, RECEIVING THE BASE PAY OF THE FIRST PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $45 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE SECOND PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $60 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE THIRD PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $75 PER MONTH, TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FOURTH PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $90 PER MONTH AND TO SUCH AN OFFICER RECEIVING THE BASE PAY OF THE FIFTH OR SIXTH PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $105 PER MONTH.

SECTION 6, AS AMENDED BY THE ACT OF MARCH 6, 1943, 57 STAT. 13, PUBLIC LAW 5, FURTHER PROVIDES:

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. FOR THE PURPOSE OF SAID SECTIONS 5 AND 6 OF THE TERM "DEPENDENT" IS DEFINED IN SECTION 4 OF THE ACT TO "INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE" AND, FURTHER, THAT "IT SHALL ALSO INCLUDE THE FATHER OR MOTHER OF THE PERSON CONCERNED PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH PERSON FOR HIS OR HER CHIEF SUPPORT.'

YOUR FIRST QUESTION IS AS FOLLOWS:

(1) WHETHER PAYMENTS OF INCREASED RENTAL AND SUBSISTENCE ALLOWANCES, ON ACCOUNT OF DEPENDENTS, AS PROVIDED IN SECTIONS 4, 5, AND 6 OF THE PAY READJUSTMENT ACT OF 1942, ARE AUTHORIZED IN THE CASE OF OFFICERS OF THE WOMEN'S RESERVE?

THE RIGHT OF WOMEN PERSONNEL OF CERTAIN COMPONENTS OF THE NAVY TO ALLOWANCES ON ACCOUNT OF DEPENDENTS HAS BEEN CONSIDERED IN TWO RECENT DECISIONS, THE FIRST AS TO MEMBERS OF THE NURSE CORPS (FEMALE) OF THE NAVY (DECISION OF OCTOBER 29, 1942, 22 COMP. GEN. 406) AND THE OTHER WITH RESPECT TO MEMBERS OF ONE OF THE COMPONENTS HERE INVOLVED, THE WOMEN'S RESERVE IN THE NAVAL RESERVE (DECISION OF FEBRUARY 26, 1943, B 29503, 22 COMP. GEN. 838). IN EACH OF THOSE CASES IT WAS HELD THAT THIS OFFICE WOULD NOT BE WARRANTED IN APPROVING SUCH PAYMENTS, THE REASON FOR SUCH CONCLUSION BEING THAT THE STATUTORY PROVISIONS AUTHORIZING PAYMENT OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS WERE ENACTED WITH THE DEPENDENTS OF MALE MEMBERS, ONLY, OF THE SERVICES IN CONTEMPLATION AND THAT THERE WAS NO EVIDENCE OF ANY INTENTION ON THE PART OF THE CONGRESS THAT SUCH CHARACTER OF ALLOWANCES WERE TO BE PAID TO WOMEN MEMBERS, ALSO.

IN THIS CONNECTION, CAREFUL CONSIDERATION HAS BEEN GIVEN THE MEMORANDUM SUBMITTED WITH YOUR SUPPLEMENTAL LETTER OF MARCH 18, 1943, IN THE PRESENT CASE, MAKING PARTICULAR REFERENCE TO THE SAID DECISION OF FEBRUARY 26, 1943, HOLDING THAT MEMBERS OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE ARE NOT ENTITLED TO RENTAL ALLOWANCE ON ACCOUNT OF DEPENDENTS. THE MEMORANDUM POINTS OUT, INTER ALIA, THAT IN THE HEARINGS BEFORE THE SENATE COMMITTEE ON NAVAL AFFAIRS ON THE BILL, S. 2527, PROPOSING THE ESTABLISHMENT OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE IT WAS STRESSED THAT THE MEMBERS WOULD RECEIVE THE SAME PAY AND ALLOWANCES AS MADE MEMBERS OF THE NAVAL RESERVE. THIS PHASE OF THE LEGISLATIVE HISTORY OF THE ACT OF JULY 30, 1942, ESTABLISHING THE WOMEN'S RESERVE, WAS NOT OVERLOOKED IN THE CONSIDERATION BY THIS OFFICE OF THE QUESTION SUBMITTED AND ANSWERED IN THE SAID DECISION OF FEBRUARY 26, 1943. HOWEVER, NO MENTION WAS MADE IN THE HEARINGS OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENTS; THE PARTICULAR EXAMPLES STATED OF PAY AND ALLOWANCES FOR DIFFERENT RANKS WERE THOSE OF OFFICERS WITHOUT DEPENDENTS; THERE WAS NO INDICATION THAT THE REFERENCES TO THE SAME PAY AND ALLOWANCES AS RECEIVED BY MALE OFFICERS CONTEMPLATED MORE THAN THE SAME PAY AND ALLOWANCES RECEIVED BY MALE OFFICERS WITHOUT DEPENDENTS, AND IN VIEW OF THE CLEAR INAPPLICABILITY TO WOMEN OF MATERIAL PARTS OF THE DEFINITION OF THE TERM "DEPENDENT" , CONTAINED IN SECTION 4 OF THE PAY READJUSTMENT ACT OF JUNE 16, 1942, SUPRA, ON WHICH THE RIGHT TO SUCH INCREASED ALLOWANCES WOULD DEPEND, IN ANY EVENT, AND IN VIEW, ALSO, OF THE STATUTES IN PARI MATERIA EXPRESSLY DENYING SUCH DEPENDENCY ALLOWANCES TO ARMY AND NAVY NURSES (FEMALE) AND TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, OTHERWISE PAID THE SAME PAY AND ALLOWANCES AS MALE MEMBERS OF THE SERVICES CONCERNED, OF CORRESPONDING RANK, IT WAS CONCLUDED THAT NO LEGISLATIVE INTENT TO ALLOW SUCH PAYMENTS TO MEMBERS OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE WAS ESTABLISHED AND, THEREFORE, THAT THIS OFFICE WOULD NOT BE JUSTIFIED IN APPROVING SUCH PAYMENTS.

WITH RESPECT TO THE STATUTORY DEFINITION OF THE TERM "DEPENDENT" AS INCLUDING UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE "AT ALL TIMES AND IN ALL PLACES," THE SUBMITTED MEMORANDUM APPARENTLY CONCEDES THAT SUCH DEFINITION COULD NOT BE VIEWED TO BE APPLICABLE, AS WRITTEN, TO WOMEN MEMBERS OF THE RESERVE, BECAUSE, NORMALLY, CHILDREN ARE DEPENDENT ON THEIR FATHERS AND NOT THEIR MOTHERS. BUT IT IS SUGGESTED THAT SUCH DEFINITION COULD BE INTERPRETED TO MEAN, IN THE CASE OF WOMEN MEMBERS, SUCH CHILDREN ONLY AS THE MOTHER WAS PRIMARILY OBLIGATED TO SUPPORT, BY REASON OF THE FATHER'S DEATH OR OTHERWISE. HOWEVER, THAT IS NOT WHAT THE STATUTE SAYS. IT SAYS DEFINITELY "AT ALL TIMES AND IN ALL PLACES" AND TO HOLD THAT IT MEANS SOMETHING ENTIRELY DIFFERENT WOULD BE, IN EFFECT, TO REWRITE THE STATUTE. THE FACT IS THAT SUCH STATUTORY DEFINITION WITH RESPECT TO CHILDREN SHOWS BEYOND DOUBT THAT THE CONGRESS WAS DEFINING THE DEPENDENTS OF MALE MEMBERS OF THE SERVICES AND DID NOT INTEND TO INCLUDE THE POSSIBLE DEPENDENTS OF WOMEN MEMBERS. SUCH LEGISLATIVE INTENT IS WHAT GOVERNS, AND, OF COURSE, THE SOLE PURPOSE OF STATUTORY INTERPRETATION IS TO ASCERTAIN AND APPLY THE LEGISLATIVE WILL, NO MATTER HOW MUCH A DIFFERENT RESULT, AT TIMES, MIGHT SEEM DESIRABLE.

THE LAST PARAGRAPH OF THE SUBMITTED MEMORANDUM IS AS FOLLOWS:

IF THE RULING OF THE ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES OF FEBRUARY 26, 1943, B-29503, IS NOT MODIFIED, THERE MAY POSSIBLY RESULT A DISCRIMINATION AGAINST THE WOMEN'S RESERVE IN THE NAVY AND IN FAVOR OF THE WOMEN'S ARMY AUXILIARY CORPS, SINCE LEGISLATION HAS ALREADY PASSED THE SENATE WHICH WILL GIVE TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS THE SAME PAY AND ALLOWANCE RIGHTS AS MALE MEMBERS OF THE ARMY (S. 495--- 78TH CONGRESS).

THE SAID BILL, S-495, 78TH CONGRESS, PASSED BY THE SENATE, WAS REFERRED TO THE HOUSE COMMITTEE ON MILITARY AFFAIRS AND WAS REPORTED OUT BY THAT COMMITTEE MARCH 19, 1943, WITH A PROPOSED AMENDMENT, INTER ALIA, AS FOLLOWS:

SEC. 6. THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 ( PUBLIC LAW 625, SEVENTY-SEVENTH CONGRESS, APPROVED JUNE 23, 1942), SHALL NOT BE APPLICABLE TO THE DEPENDENTS OF WOMEN ENLISTED UNDER THE PROVISIONS OF THIS ACT. MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS SHALL BE ALLOWED TO WOMEN COMMISSIONED OR ENLISTED UNDER THE PROVISIONS OF THIS ACT ONLY TO THE EXTENT THAT THEY ARE ALLOWED TO MALE COMMISSIONED OFFICERS AND ENLISTED MEN, RESPECTIVELY, WITHOUT DEPENDENTS.

THE COMMITTEE REPORT ON THE BILL, H.R. REPORT NO. 267, 78TH CONGRESS, EXPLAINS THE REASON FOR THE PROPOSED AMENDMENT AS FOLLOWS:

THE AMENDMENTS PROPOSED BY YOUR COMMITTEE ARE PRINCIPALLY MERELY OF A CLARIFYING NATURE. FOR EXAMPLE, THE BILL AS IT PASSED THE SENATE IS CONFUSING WITH RESPECT TO THE ALLOWANCES WHICH WOULD BE PAYABLE TO MEMBERS OF THE CORPS FOR DEPENDENTS. THE ADDITION OF A NEW SECTION (SEC. 6) AS PROPOSED BY YOUR COMMITTEE CLARIFIES THE RIGHTS AND LIMITATIONS OF MEMBERS OF THE CORPS IN THIS RESPECT, AND ALSO PLACES THEM ON EXACTLY THE SAME BASIS AS ESTABLISHED BY EXISTING LAW FOR MEMBERS OF THE ARMY NURSE CORPS.

THUS, THE COMMITTEE APPARENTLY VIEWED THE BROAD PROVISIONS OF THE BILL AS PASSED BY THE SENATE AS NOT INTENDED TO GRANT SUCH CHARACTER OF DEPENDENCY ALLOWANCES TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS EVEN THOUGH PLACED DIRECTLY IN THE ARMY--- IN A SITUATION ANALOGOUS TO THE WOMEN'S RESERVE IN THE NAVAL RESERVE. BUT THE COMMITTEE CONSIDERED THE BILL "CONFUSING" IN SUCH RESPECTS AND TO OBVIATE ANY DOUBT A "CLARIFYING" AMENDMENT WAS PROPOSED DEFINITELY TO EXCLUDE NOT ONLY INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF DEPENDENTS BUT, ALSO, PAYMENTS TO DEPENDENTS UNDER THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, BASED ON SIMILAR CONSIDERATIONS, AS FURTHER DISCUSSED BELOW. WHETHER OR NOT THE BILL BE ENACTED WITH THE PROPOSED AMENDMENT, THE WHOLE QUESTION NOW IS DEFINITELY BEFORE THE CONGRESS, WITH CLEAR INDICATIONS THAT ANY SUCH PAYMENTS SHOULD BE BASED ON EXPRESS LEGISLATIVE PROVISIONS AND NOT LEFT TO INFERENCE OR INTERPRETATION. THIS ADDS A FURTHER COMPELLING REASON FOR NOT MODIFYING THE DECISION OF FEBRUARY 26, 1943, WITH RESPECT TO THE WOMEN'S RESERVE IN THE NAVAL RESERVE. SHOULD THE CONGRESS, CONTRARY TO THE RECOMMENDATIONS OF THE HOUSE COMMITTEE ON MILITARY AFFAIRS, DECIDE TO GRANT SUCH DEPENDENCY ALLOWANCES TO MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS, NO DOUBT DUE CONSIDERATION WOULD BE GIVEN BY THE CONGRESS TOWARD REMOVING ANY DISCRIMINATION IN THAT RESPECT BETWEEN MEMBERS OF THAT ORGANIZATION AND MEMBERS OF THE WOMEN'S RESERVE IN THE NAVAL RESERVE AND THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE.

THEREFORE, I AM CONSTRAINED TO ADHERE TO THE CONCLUSION REACHED IN THE SAID DECISION OF FEBRUARY 26, 1943. FOR THE REASONS GIVEN THEREIN AND HEREIN--- WHICH APPLY EQUALLY TO MEMBERS OF THE WOMEN'S RESERVE IN THE COAST GUARD RESERVE--- YOUR FIRST QUESTION IN THE PRESENT SUBMISSION IS ANSWERED IN THE NEGATIVE.

QUESTIONS 2 AND 3 ARE AS FOLLOWS:

(2) IF (1) IS ANSWERED IN THE AFFIRMATIVE, WOULD AN OFFICER OF THE WOMEN'S RESERVE BE ENTITLED TO ALLOWANCES FOR DEPENDENTS ON ACCOUNT OF A MINOR CHILD OR CHILDREN IF HER HUSBAND IS SERVING IN THE MILITARY OR NAVAL SERVICES AND DRAWING DEPENDENCY ALLOWANCES? IF NOT, WOULD SAID ALLOWANCES ACCRUE IF THE HUSBAND IS EMPLOYED IN CIVILIAN LIFE?

(3) IF (1) IS ANSWERED IN THE AFFIRMATIVE, WOULD A WIDOWED OFFICER OF THE WOMEN'S RESERVE BE ENTITLED TO DEPENDENCY ALLOWANCES ON ACCOUNT OF A MINOR CHILD OR CHILDREN?

SINCE THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, QUESTIONS 2 AND 3 REQUIRE NO REPLY. IT MAY BE NOTED, HOWEVER, THAT QUESTION (2) GIVES POINT TO THE NEGATIVE ANSWER TO QUESTION (1) BY INDICATING WHAT OTHERWISE WOULD BE THE ANOMALOUS SITUATION OF THE GOVERNMENT PAYING DEPENDENCY ALLOWANCES TO BOTH THE FATHER AND THE MOTHER FOR THE SAME CHILD, OR TO THE MOTHER FOR A CHILD BEING SUPPORTED BY THE FATHER.

QUESTIONS 4 AND 5 ARE AS FOLLOWS:

(4) IS AN OFFICER, OR AN ENLISTED MAN OF THE FIRST THREE PAY GRADES, ENTITLED TO INCREASED OR ADDITIONAL ALLOWANCES FOR DEPENDENTS ON ACCOUNT OF A WIFE WHO IS SERVING IN THE MILITARY OR NAVAL SERVICES AND IS FURNISHED QUARTERS AT GOVERNMENT EXPENSE?

(5) IF THE ANSWER TO (4) IS IN THE NEGATIVE, WOULD CREDIT OF DEPENDENCY ALLOWANCES BE AUTHORIZED IF THE DEPENDENTS INCLUDED A MINOR CHILD OR CHILDREN?

THE SAME BASIC QUESTION, STATED IN DIFFERENT LANGUAGE, IS CONTAINED IN QUESTION 13, WHICH READS:

(13) WOULD AN OFFICER OR ENLISTED MAN SERVING WITH THE MILITARY OR NAVAL FORCES BE ENTITLED TO RENTAL ALLOWANCE OR MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS (LAWFUL WIFE) IF HIS WIFE IS A MEMBER OF THE WOMEN'S RESERVE AND OCCUPYING PUBLIC QUARTERS? WOULD SUCH OFFICER OR ENLISTED MAN BE ENTITLED TO RENTAL ALLOWANCE OR MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS (MINOR CHILDREN) UNDER THE SAME CIRCUMSTANCES?

WITH RESPECT TO THE RIGHTS OF AN OFFICER, OR AN ENLISTED MAN OF THE FIRST THREE PAY GRADES, TO RENTAL ALLOWANCE OR QUARTERS ALLOWANCE AS WITH DEPENDENTS WHERE THE ONLY DEPENDENT IS HIS WIFE AND SHE OCCUPIES PUBLIC QUARTERS AT GOVERNMENT EXPENSE, THE FACT THAT THE WIFE IS FURNISHED SUCH QUARTERS IN THE MILITARY OR NAVAL SERVICE OR IN SOME OTHER SERVICE WOULD MAKE NO DIFFERENCE. QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS FOR ENLISTED MEN OF THE FIRST THREE GRADES IS AUTHORIZED UNDER SECTION 10 OF THE SAID PAY READJUSTMENT ACT OF JUNE 16, 1942, 56 STAT. 363, BUT IT IS EXPRESSLY PROVIDED THAT SUCH ALLOWANCE MAY BE RECEIVED "FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT.' THE SAME RESTRICTION IS CONTAINED IN EXECUTIVE ORDER NO. 9206, JULY 27, 1942, WHEREIN EXECUTIVE REGULATIONS GOVERNING SUCH PAYMENTS ARE PROMULGATED. THEREFORE, IF AN ENLISTED MAN'S WIFE IS SERVING IN OR WITH THE MILITARY OR NAVAL SERVICES AND IS FURNISHED QUARTERS IN KIND AT GOVERNMENT EXPENSE OR IS PAID QUARTERS OR RENTAL ALLOWANCE IN LIEU THEREOF, HE IS NOT ENTITLED TO QUARTERS ALLOWANCE ON HER ACCOUNT. RENTAL ALLOWANCE PAYABLE TO AN OFFICER ON ACCOUNT OF DEPENDENTS IS IN THE NATURE OF A REIMBURSEMENT FOR FURNISHING QUARTERS FOR SUCH DEPENDENTS AT PERSONAL EXPENSE WHERE QUARTERS ARE NOT PROVIDED FOR THEM BY THE GOVERNMENT. IT IS IN LIEU OF QUARTERS IN KIND AND IF PUBLIC QUARTERS ARE PROVIDED FOR THE DEPENDENTS NO RENTAL ALLOWANCE IS PAYABLE. IT HAS BEEN HELD IN DECISIONS BOTH BY THIS OFFICE AND BY THE COURT OF CLAIMS THAT WHEN AN OFFICER'S DEPENDENTS RESIDE IN PUBLIC QUARTERS SO THAT HE IS NOT REQUIRED TO PROVIDE QUARTERS FOR THEM, RENTAL ALLOWANCE ON THEIR ACCOUNT IS NOT PAYABLE. FOR EXAMPLE, IN THE CASE OF BYRNE V. UNITED STATES, 87 C.1CLS. 241, THE COURT SAID:

* * * COMMUTATION IS FOR THE PURPOSE OF COMPENSATING AN OFFICER FOR EXPENSES INCURRED IN PROVIDING PRIVATE QUARTERS FOR HIMSELF AND HIS DEPENDENTS WHEN THE GOVERNMENT FAILS TO PROVIDE PUBLIC QUARTERS. ON THIS THEORY ONLY CAN RECOVERY BE HAD AND, AS IT APPEARS IN THIS CASE THAT THE OFFICER HAS NOT BEEN PUT TO ANY EXPENSE, NO RIGHT TO REIMBURSEMENT HAS BEEN ESTABLISHED. SEE, ALSO, ODELL V. UNITED STATES, 38 C.1CLS. 194; IRWIN V. UNITED STATES, ID. 87; JONES V. UNITED STATES, 60 ID. 552; A- 68837, JANUARY 6, 1942; B-18624, AUGUST 26, 1941; B-20089, OCTOBER 15, 1941. IT FOLLOWS THAT NEITHER AN OFFICER NOR AN ENLISTED MAN IS ENTITLED TO RENTAL OR QUARTERS ALLOWANCE ON ACCOUNT OF A WIFE WHILE SHE IS FURNISHED PUBLIC QUARTERS AT GOVERNMENT EXPENSE, OR, IN LIEU THEREOF, IS PAID QUARTERS OR RENTAL ALLOWANCE. THE SITUATION OF AN OFFICER OR MAN WHOSE WIFE IS IN THE MILITARY OR NAVAL SERVICE, WHERE SHE IS FURNISHED QUARTERS AT GOVERNMENT EXPENSE FOR HER PERSONAL USE, AND WHO HAS, ALSO, A DEPENDENT CHILD AS DEFINED IN SECTION 4 OF THE ACT OF JUNE 16, 1942, WHO DOES NOT OCCUPY PUBLIC QUARTERS AND FOR WHOM NO PUBLIC QUARTERS ARE ASSIGNED, PRESENTS A DIFFERENT QUESTION. WHILE IT HAS BEEN HELD THAT NO RENTAL ALLOWANCE WAS PAYABLE TO AN OFFICER FOR A PERIOD WHILE HIS TWO OLDER CHILDREN WERE AWAY AT SCHOOL AND NOT LIVING IN THE PUBLIC QUARTERS OCCUPIED BY HIS WIFE AND OTHER CHILD (DECISION OF MAY 29, 1941, B 7961), SUCH RULE WOULD NOT APPLY TO A CASE WHERE AN OFFICER'S WIFE WAS FURNISHED PUBLIC QUARTERS IN CONNECTION WITH HER STATUS IN THE MILITARY OR NAVAL SERVICE, ASSUMING, OF COURSE, THAT THE QUARTERS PROVIDED FOR THE WIFE WERE NOT FOR OCCUPANCY AND IN FACT WERE NOT OCCUPIED BY THE CHILD. IN OTHER WORDS, AN OFFICER OR ENLISTED MAN IS NOT DEPRIVED OF RENTAL ALLOWANCE OR QUARTERS ALLOWANCE FOR A DEPENDENT CHILD MERELY BECAUSE HIS WIFE WHILE SERVING WITH OR IN THE MILITARY OR NAVAL FORCES IS FURNISHED PUBLIC QUARTERS FOR HER PERSONAL USE NOT INTENDED TO BE OCCUPIED BY THE CHILD AND ACTUALLY NOT SO OCCUPIED. YOUR QUESTIONS 4, 5 AND 13 ARE ANSWERED ACCORDINGLY.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, 56 STAT. 381, PUBLIC LAW 625, CONTAINS THE FOLLOWING PROVISIONS:

SEC. 101. THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN OF THE FOURTH, FIFTH, SIXTH, OR SEVENTH GRADES IN THE ARMY OF THE UNITED STATES, THE UNITED STATES NAVY, THE MARINE CORPS, OR THE COAST GUARD, INCLUDING ANY AND ALL RETIRED AND RESERVE COMPONENTS OF SUCH SERVICES, SHALL BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD DURING WHICH SUCH ENLISTED MAN IS IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES ON OR AFTER JUNE 1, 1942, DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR.

SEC. 103. THE DEPENDENTS OF ANY SUCH ENLISTED MAN TO WHOM A FAMILY ALLOWANCE IS PAYABLE UNDER THE PROVISIONS OF THIS TITLE SHALL BE DIVIDED INTO TWO CLASSES TO BE KNOWN AS " CLASS A" AND AS " CLASS B" DEPENDENTS. THE CLASS A DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL INCLUDE ANY PERSON WHO IS THE WIFE, THE CHILD, OR THE FORMER WIFE DIVORCED OF ANY SUCH ENLISTED MAN. THE CLASS B DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL INCLUDE ANY PERSON WHO IS THE PARENT, GRANDCHILD, BROTHER, OR SISTER OF SUCH ENLISTED MAN AND WHO IS FOUND BY THE SECRETARY OF THE DEPARTMENT CONCERNED TO BE DEPENDENT UPON SUCH ENLISTED MAN FOR A SUBSTANTIAL PORTION OF HIS SUPPORT.

SEC. 104. A MONTHLY FAMILY ALLOWANCE SHALL BE GRANTED AND PAID BY THE UNITED STATES TO THE CLASS A DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS. MONTHLY FAMILY ALLOWANCE SHALL BE GRANTED AND PAID BY THE UNITED STATES TO THE CLASS B DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS IN ANY CASE IN WHICH THE SECRETARY OF THE DEPARTMENT CONCERNED FINDS THAT IT IS IMPRACTICABLE FOR SUCH ENLISTED MAN TO REQUEST THE PAYMENT OF SUCH ALLOWANCE. THE PAYMENT OF A MONTHLY FAMILY ALLOWANCE TO ANY CLASS B DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN SHALL BE TERMINATED UPON THE RECEIPT BY THE DEPARTMENT CONCERNED OF A WRITTEN REQUEST BY SUCH ENLISTED MAN THAT SUCH ALLOWANCE BE TERMINATED.

THE TERM "ENLISTED MAN" AS USED IN THE QUOTED SECTIONS, IS DEFINED IN SECTION 120 OF THE SAME ACT, 56 STAT. 385, TO MEAN "ANY ENLISTED INDIVIDUAL OF THE FOURTH, FIFTH, SIXTH OR SEVENTH GRADE IN ANY OF THE SERVICES MENTIONED IN SECTION 101" BUT DOES NOT INCLUDE MEMBERS OF CERTAIN DESIGNATED SERVICES NOT INVOLVED IN THIS CASE.

YOUR QUESTION 6 IS AS FOLLOWS:

(6) ARE THE FAMILY ALLOWANCE BENEFITS PROVIDED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942 ( PUBLIC LAW 625- -- 77TH CONGRESS), FOR THE DEPENDENTS OF ENLISTED MEN OF THE 4TH, 5TH, 6TH AND 7TH PAY GRADES PAYABLE TO DEPENDENTS OF ENLISTED MEMBERS OF THE WOMEN'S RESERVE OF THE 4TH, 5TH, 6TH AND 7TH PAY GRADES, IF THE CONDITIONS PRESCRIBED IN SAID ACT ARE MET?

WHILE THE TERM "ENLISTED MAN" AS DEFINED TO MEAN "ANY ENLISTED INDIVIDUAL" OF THE FOUR STIPULATED GRADES IS BROAD ENOUGH TO INCLUDE ENLISTED WOMEN OF THOSE GRADES, AND WHILE LEGISLATIVE PROPOSALS FOR THE ESTABLISHMENT OF A WOMEN'S RESERVE IN THE NAVAL RESERVE WERE PENDING WHEN THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, SUPRA, WAS ENACTED, THE LATTER STATUTE WAS ENACTED SOME TIME BEFORE THE LAWS ESTABLISHING THE WOMEN'S RESERVE COMPONENTS AND AT A TIME WHEN WOMEN WERE NOT BEING ENLISTED IN THE ARMED SERVICES. THE LANGUAGE USED WAS APPLICABLE TO THE SITUATION OF MEN IN THE VARIOUS SERVICES RATHER THAN TO THE SITUATION OF WOMEN ENLISTED UNDER THE SUBSEQUENT ACTS. OBVIOUSLY, CERTAIN PROVISIONS FIXING THE RIGHTS OF MEMBERS OF THE ARMED FORCES ARE PREMISED ON THE FACT THAT THE PERSONS AFFECTED THEREBY ARE MEN AND TAKE INTO CONSIDERATION THE OBLIGATION OF MEN TO THEIR FAMILIES AND DEPENDENTS. SUCH PROVISIONS ARE NOT READILY ADAPTABLE TO THE SITUATION OF WOMEN IN THE SERVICE, THEIR OBLIGATIONS UNDER THE GENERAL LAW WITH RESPECT TO DEPENDENTS NOT BEING THE SAME, IN MOST CASES, AS THOSE OF A MAN, AND IN THE ABSENCE OF CLEAR EVIDENCE THAT THE CONGRESS SO INTENDED, THE PROVISIONS MADE FOR DEPENDENTS OF ENLISTED MEN MAY NOT BE CONSTRUED TO GRANT RIGHTS TO MEMBERS OF THE WOMEN'S RESERVE UNDER QUALIFIED GENERAL ASSIMILATING PROVISIONS THAT THE WOMEN'S RESERVE COMPONENTS SHALL BE ADMINISTERED UNDER THE PROVISIONS OF LAW APPLICABLE TO RESERVE COMPONENTS OF MEN, EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO SUCH WOMEN'S RESERVE COMPONENTS.

THE ALLOWANCE AUTHORIZED BY THE ACT OF JUNE 23, 1942, SUPRA, IS AN ALLOWANCE ACCRUING TO DEPENDENTS OF ENLISTED MEN. FOR THE PURPOSE OF THE LAW THE DEPENDENTS ARE GROUPED INTO TWO CLASSES. CLASS A DEPENDENTS INCLUDE THE ENLISTED MAN'S WIFE OR CHILD AND AS TO THOSE DEPENDENTS THERE IS NO REQUIREMENT THAT THERE BE A SHOWING OF ACTUAL DEPENDENCY. SECTION 104 OF THE ACT PROVIDES THAT THE ALLOWANCE "SHALL BE GRANTED AND PAID * * * TO THE CLASS A DEPENDENT OR DEPENDENTS OF ANY SUCH ENLISTED MAN UPON WRITTEN APPLICATION TO THE DEPARTMENT CONCERNED MADE BY SUCH ENLISTED MAN OR MADE BY OR ON BEHALF OF SUCH DEPENDENT OR DEPENDENTS.' THE EFFECT OF THESE PROVISIONS IS TO REMOVE FROM CONSIDERATION QUESTIONS OF ACTUAL DEPENDENCY WITH RESPECT TO AN ENLISTED MAN'S WIFE OR CHILD. IN OTHER WORDS, THE LAW PRESUMES THAT SUCH PERSONS ARE ACTUALLY DEPENDENT UPON THE ENLISTED MAN AFTER A SATISFACTORY SHOWING THAT THE RELATIONSHIP EXISTS. WITH RESPECT TO INDIVIDUALS FALLING WITHIN CLASS B, ACTUAL DEPENDENCY TO A CERTAIN EXTENT MUST BE SHOWN.

IT FOLLOWS THAT THE STATUTORY PROVISIONS GOVERNING FAMILY ALLOWANCES FOR ENLISTED MEN OF THE LOWER FOUR GRADES PRESENT THE SAME SITUATION AS WAS CONSIDERED IN THE DECISION OF FEBRUARY 26, 1943, B-29503, AND IN THE ANSWER TO YOUR QUESTION (1), SUPRA, HOLDING THAT UNDER THE APPLICABLE STATUTES OFFICERS OF THE WOMEN'S RESERVE ARE NOT ENTITLED TO INCREASED RENTAL AND SUBSISTENCE ALLOWANCES AS WITH DEPENDENTS. THE STATUTE THERE CONSIDERED PROVIDED THAT THE DEPENDENTS FOR WHOM INCREASED ALLOWANCES ARE AUTHORIZED "SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE.' THUS, THAT WHICH WAS APPARENT IN THE DECISION OF FEBRUARY 26, 1943, IS EQUALLY CLEAR IN THIS CASE. THAT IS, THE FACT THAT DEPENDENCY IS PRESUMED IN THE CASE OF INDIVIDUALS FOR WHOM IT IS THE DUTY OF A FATHER OR HUSBAND TO PROVIDE SUPPORT CLEARLY SHOWS THAT THE LAW WAS INTENDED TO BE APPLIED WITH RESPECT TO MALE MEMBERS OF THE MILITARY OR NAVAL SERVICE AND NOT TO WOMEN MEMBERS, AS TO WHOM NO SUCH PRESUMPTION REASONABLY MAY EXIST.

IN THE MEMORANDUM WHICH ACCOMPANIED YOUR LETTER OF MARCH 18, 1943, IN THE PRESENT CASE, IT IS STATED:

WHEN THE LEGISLATION WHICH LATER BECAME THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 WAS UNDER CONSIDERATION IN THE BUREAU OF THE BUDGET, THE DEFINITION OF THE TERM "MAN" AND "ENLISTED MAN" IN SECTION 120 (I) OF SUCH LEGISLATION WAS WORDED, AS FOLLOWS:

"THE TERMS "MAN" AND "ENLISTED MAN" MEAN ANY ENLISTED MAN OF THE FOURTH, FIFTH, SIXTH, OR SEVENTH GRADE * * *.' THE WORDS "ANY ENLISTED MAN" AS USED IN THIS DEFINITION WERE CHANGED IN THE BUREAU OF THE BUDGET TO READ "ANY ENLISTED INDIVIDUAL" IN ORDER TO ASSURE THAT THERE WOULD BE NO QUESTION WHATEVER THAT SUCH DEFINITION WOULD INCLUDE ENLISTED MEMBERS OF THE WOMEN'S RESERVE OF THE U.S. NAVAL RESERVE OF THE FOURTH, FIFTH, SIXTH, AND SEVENTH GRADES.

AS STATED ABOVE, THE TERM "ENLISTED MAN" AS DEFINED IN THE ACT TO MEAN "ANY ENLISTED INDIVIDUAL" OF THE STIPULATED GRADES IS BROAD ENOUGH TO INCLUDE ENLISTED WOMEN. HOWEVER, THE FACT THAT THE CONGRESS DID NOT SEEK OUT AND CHANGE THE WORD "INDIVIDUAL" ADMINISTRATIVELY INSERTED IN THE DRAFT OF PROPOSED LEGISLATION DOES NOT ESTABLISH OR PARTICULARLY DENOTE THAT SUCH WORD WAS LEFT UNCHANGED WITH LEGISLATIVE INTENT TO EXTEND THE PROVISIONS OF THE ACT TO ENLISTED WOMEN. NOTHING IS POINTED OUT OR FOUND IN THE LEGISLATIVE HISTORY OF THE ACT INDICATING ANY SUCH PURPOSE, NOR DOES IT APPEAR THAT ANY SUCH EFFECT TO BE ASCRIBED TO THE WORD "INDIVIDUAL" WAS BROUGHT TO THE ATTENTION OF THE CONGRESS OR THAT THE MATTER EVER WAS CONSIDERED IN THAT LIGHT. AT THAT TIME THERE WERE NO ENLISTED WOMEN AND NOTHING BUT THE BARE WORD "INDIVIDUAL" ADMINISTRATIVELY PUT IN THE DRAFT IN THE PLACE OF ,MAN" WOULD SEEM TO GIVE ANY BASIS FOR A SUGGESTION THAT THE CONGRESS CONTEMPLATED THE INCLUSION OF FUTURE ENLISTED WOMEN. I THINK THAT THE SAID ONE WORD "INDIVIDUAL" IS NOT SUFFICIENT TO ESTABLISH A LEGISLATIVE INTENT, UNDER THE CIRCUMSTANCES, TO BRING FUTURE ENLISTED WOMEN WITHIN THE OPERATION OF THE STATUTE, PARTICULARLY IN VIEW OF THE CLEARLY DIFFERENT CONSIDERATIONS INVOLVED WITH RESPECT TO THE POSSIBLE DEPENDENTS OF WOMEN AND THE DEPENDENTS OF ENLISTED MEN. SUCH CONCLUSION FINDS AT LEAST COLLATERAL SUPPORT IN THE "CLARIFYING" AMENDMENT --- AND REPORT THEREON--- PROPOSED BY THE HOUSE MILITARY AFFAIRS COMMITTEE TO THE PENDING BILL S. 495, TO MAKE CERTAIN, INTER ALIA, THAT ALLOWANCES UNDER THE SAID SERVICEMEN'S DEPENDENTS ALLOWANCE ACT ARE NOT TO BE PAID ON ACCOUNT OF ENLISTED WOMEN IN THE WOMEN'S ARMY AUXILIARY CORPS, IF THAT ORGANIZATION IS PLACED IN THE ARMY, AS DISCUSSED ABOVE IN THE ANSWER TO YOUR FIRST QUESTION. IF THE CONGRESS INTENDS THAT ALLOWANCES SHALL BE PAID TO CERTAIN DEPENDENTS OF WOMEN ENLISTED IN THE VARIOUS SERVICES, DEFINITE LEGISLATIVE PROVISIONS SPECIFYING THE CLASSES OF DEPENDENTS AND THE CONDITIONS OF PAYMENT ARE TO BE EXPECTED. THIS OFFICE WOULD NOT BE JUSTIFIED IN APPROVING SUCH CHARACTER OF PAYMENTS UNDER EXISTING PROVISIONS OBVIOUSLY PHRASED AND INTENDED TO BE APPLICABLE PARTICULARLY TO THE DEPENDENTS OF ENLISTED MEN AND WHICH ARE LARGELY INAPPLICABLE TO THE ESSENTIALLY DIFFERENT STATUS OF WOMEN IN SUCH RESPECTS. THEREFORE, QUESTION 6 IS ANSWERED IN THE NEGATIVE.

YOUR QUESTIONS 7 AND 8 ARE AS FOLLOWS:

(7) IF THE ANSWER TO (6) IS IN THE AFFIRMATIVE, IS THE FAMILY ALLOWANCE PRESCRIBED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 PAYABLE TO AN ENLISTED MEMBER OF THE WOMEN'S RESERVE ON ACCOUNT OF A MINOR CHILD OR CHILDREN IF THE HUSBAND IS SERVING AS AN OFFICER OR ENLISTED MAN AND ENTITLED TO DEPENDENCY ALLOWANCES? IF NOT, WOULD SUCH ALLOWANCE BE AUTHORIZED IF THE HUSBAND WAS EMPLOYED IN A CIVILIAN CAPACITY?

(8) IF THE REPLY TO (6) IS IN THE AFFIRMATIVE, WOULD THE FAMILY ALLOWANCE BENEFITS PRESCRIBED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 BE AUTHORIZED ON BEHALF OF A SINGLE OR WIDOWED MEMBER OF THE WOMEN'S RESERVE, WITH DEPENDENTS, AS DEFINED IN THE STATUTE?

NO REPLY TO THESE QUESTIONS IS NECESSARY SINCE THE ANSWER TO QUESTION 6 IS IN THE NEGATIVE. HOWEVER, IT MAY BE POINTED OUT THAT QUESTION (7) INDICATES WHAT WOULD BE THE RESULT OF A DIFFERENT ANSWER TO QUESTION (6), NAMELY, DOUBLE ALLOWANCES WOULD BE PAYABLE BY THE GOVERNMENT FOR THE SAME CHILD OR FOR A CHILD BEING SUPPORTED BY THE FATHER. CLEARLY ANY SUCH SITUATION WAS NOT INTENDED BY THE CONGRESS.

QUESTION 9 READS:

(9) WOULD AN OFFICER OF THE WOMEN'S RESERVE BE ENTITLED TO RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT IF HER HUSBAND IS SERVING IN THE MILITARY OR NAVAL SERVICE AND ENTITLED TO RENTAL AND SUBSISTENCE ALLOWANCE AS AN OFFICER WITH DEPENDENTS (LAWFUL WIFE/? IF NOT, WOULD IT BE PROPER FOR BOTH PARTIES TO BE CREDITED WITH THE RENTAL AND SUBSISTENCE ALLOWANCE OTHERWISE DUE AN OFFICER WITHOUT DEPENDENTS? IN CASE THERE WERE NO MINOR CHILDREN, WOULD IT BE PROPER FOR THE HUSBAND TO DRAW THE RENTAL AND SUBSISTENCE ALLOWANCE AS AN OFFICER WITH DEPENDENTS (MINOR CHILDREN) AND FOR THE WIFE TO DRAW RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT?

SECTIONS 5 AND 6 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, AUTHORIZE THE PAYMENT OF CERTAIN SUBSISTENCE AND RENTAL ALLOWANCES TO OFFICERS IN THE ARMED FORCES. AN OFFICER OF THE WOMEN'S RESERVE IS ENTITLED TO THE STATUTORY SUBSISTENCE ALLOWANCE IN HER OWN RIGHT AND IF SHE IS NOT FURNISHED QUARTERS IN KIND SHE IS ENTITLED TO RENTAL ALLOWANCE IN HER OWN RIGHT, EXCEPT UNDER CERTAIN CONDITIONS OF FIELD OR SEA DUTY, IRRESPECTIVE OF THE ALLOWANCES TO WHICH HER OFFICER HUSBAND MAY BE ENTITLED. THE LAST SENTENCE OF QUESTION 9 IS NOT CLEAR. HOWEVER, SEE THE ANSWER TO QUESTION 5.

QUESTION 10 IS AS FOLLOWS:

(10) WOULD AN OFFICER SERVING WITH THE MILITARY OR NAVAL FORCES AT A SHORE STATION IN THE UNITED STATES WHERE PUBLIC QUARTERS ARE AVAILABLE FOR ASSIGNMENT TO THE OFFICER AND HIS DEPENDENTS, IF HIS DEPENDENTS HAD ACCOMPANIED HIM, BE ENTITLED WHILE OCCUPYING BACHELOR OFFICERS QUARTERS TO RENTAL ALLOWANCE FOR DEPENDENT (LAWFUL WIFE) WHO IS A MEMBER OF THE WOMEN'S RESERVE, BUT WHO DOES ACCOMPANY HIM TO SUCH STATION?

IF THE OFFICER'S WIFE IS A MEMBER OF THE WOMEN'S RESERVE SHE IS FURNISHED QUARTERS IN KIND OR PAID AN ALLOWANCE IN LIEU THEREOF AND HER HUSBAND IS NOT ENTITLED TO RENTAL ALLOWANCE ON HER ACCOUNT IRRESPECTIVE OF WHETHER OR NOT HE IS ON DUTY AT A SHORE STATION WHERE PUBLIC QUARTERS ARE AVAILABLE FOR ASSIGNMENT FOR HIS USE AND THE USE OF HIS DEPENDENTS. QUESTION 10 IS ANSWERED IN THE NEGATIVE. SEE THE ANSWER TO QUESTIONS 4, 5, AND 13.

QUESTION 11 IS AS FOLLOWS:

(11) WOULD AN OFFICER OF THE WOMEN'S RESERVE BE ENTITLED TO RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT IF HER HUSBAND IS SERVING IN AN ENLISTED RATING IN THE MILITARY OR NAVAL SERVICE AND ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS OR FAMILY ALLOWANCE BENEFITS? CASE THERE WERE MINOR CHILDREN, WOULD THE HUSBAND BE ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS OR FAMILY ALLOWANCE BENEFITS FOR THE MINOR CHILDREN AND WOULD THE OFFICER MEMBER OF THE WOMEN'S RESERVE BE ENTITLED TO RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT?

AN ENLISTED MAN OF THE FIRST THREE PAY GRADES IS ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IF PUBLIC QUARTERS ARE NOT PROVIDED OR AVAILABLE FOR HIS DEPENDENTS. AN ENLISTED MAN IS NOT ENTITLED TO FAMILY ALLOWANCE BENEFITS UNDER THE LAW; UNDER THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, SUPRA, SUCH BENEFITS ARE IN THE NATURE OF AN ALLOWANCE TO THE DEPENDENTS OF ENLISTED MEN AND ARE PAYABLE ON PROPER APPLICATION DIRECTLY TO THE DEPENDENTS ON THE BASIS OF RELATIONSHIP IN THE CASE OF A WIFE OR CHILD AND TO CERTAIN OTHER RELATIVES ON THE BASIS OF SUBSTANTIAL DEPENDENCY. THE FACT THAT AN OFFICER OF THE WOMEN'S RESERVE IS THE WIFE OF AN ENLISTED MAN OTHERWISE ENTITLED TO QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS, OR WHOSE DEPENDENTS MAY BE ENTITLED TO ALLOWANCES UNDER THE SAID SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, DOES NOT DEPRIVE HER OF RENTAL AND SUBSISTENCE ALLOWANCE IN HER OWN RIGHT. SEE THE ANSWER TO QUESTION 9. AN ENLISTED MAN OF THE FIRST THREE PAY GRADES, IF OTHERWISE ENTITLED, WOULD BE ENTITLED TO QUARTERS ALLOWANCE ON ACCOUNT OF HIS MINOR CHILDREN AND THE MINOR CHILDREN OF AN ENLISTED MAN OF THE FOUR LOWER GRADES WOULD BE ENTITLED TO THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SAID SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 WITHOUT AFFECTING, IN EITHER CASE, THE RIGHTS OF THE WIFE AS AN OFFICER OF THE WOMEN'S RESERVE TO RENTAL AND SUBSISTENCE ALLOWANCES IN HER OWN RIGHT. CF. ANSWER TO QUESTIONS 4, 5, AND 13.

QUESTION 12 IS AS FOLLOWS:

(12) WOULD AN ENLISTED MEMBER OF THE WOMEN'S RESERVE WHOSE HUSBAND IS SERVING IN THE MILITARY OR NAVAL FORCES IN AN ENLISTED CAPACITY BE ENTITLED TO PAYMENT OF QUARTERS ALLOWANCE IN HER OWN RIGHT IN CASE HER HUSBAND IS ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS (LAWFUL WIFE) BUT IN LIEU THEREOF IS PAID QUARTERS ALLOWANCE IN HIS OWN RIGHT?

AN ENLISTED MEMBER OF THE WOMEN'S RESERVE WHOSE HUSBAND IS AN ENLISTED MAN IN THE ARMED FORCES WOULD BE ENTITLED TO QUARTERS ALLOWANCE IN HER OWN RIGHT, IF OTHERWISE ENTITLED THERETO, AND HER HUSBAND WOULD BE ENTITLED TO QUARTERS ALLOWANCE IN HIS OWN RIGHT, IF OTHERWISE ENTITLED THERETO. THE ENLISTED MAN WOULD NOT BE ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS FOR HIS WIFE WHILE SHE IS A MEMBER OF THE WOMEN'S RESERVE AND, AS SUCH, IS PROVIDED BY THE GOVERNMENT WITH QUARTERS OR QUARTERS ALLOWANCE IN HER OWN RIGHT. SEE THE ANSWER TO QUESTIONS 4, 5 AND 13 AND THE ANSWERS TO QUESTIONS 9 AND 11.

QUESTION 14 IS AS FOLLOWS:

(14) WOULD A COMMISSIONED OR ENLISTED MEMBER OF THE WOMEN'S RESERVE WHOSE HUSBAND IS NOT A MEMBER OF THE MILITARY OR NAVAL FORCES BE ENTITLED TO APPLICABLE ALLOWANCE FOR DEPENDENTS (MINOR CHILDREN/?

THIS QUESTION IS ANSWERED IN THE NEGATIVE. SEE ANSWER TO QUESTIONS 1 AND 6.