B-68299, SEPTEMBER 5, 1947, 27 COMP. GEN. 155

B-68299, SEPTEMBER 5, 1947, 27 COMP. GEN. 155

NAVY NURSE CORPS; NURSE CORPS RESERVE - EFFECT OF ARMY-NAVY NURSES ACT OF 1947 ON PERIOD PAY, UNIFORM ALLOWANCES, ETC. THE TOTAL OF ALL PERIODS OF ACTIVE SERVICE IN THE NURSE CORPS OF THE ARMY, NAVY OR PUBLIC HEALTH SERVICE, OR THE RESERVE COMPONENTS THEREOF, SPECIFICALLY AUTHORIZED BY SECTION 208 (B) OF THE ARMY-NAVY NURSES ACT OF 1947 TO BE CREDITED FOR PURPOSES OF LONGEVITY PAY OF OFFICERS OF THE NAVY NURSE CORPS, MAY BE CREDITED FOR PURPOSES OF SUCH OFFICERS' PERIOD PAY, IN VIEW OF THE BROAD PROVISIONS OF SECTION 208 (A) OF SAID ACT PLACING OFFICERS OF THE NAVY NURSE CORPS GENERALLY ON A PAR WITH MALE OFFICERS OF THE REGULAR NAVY FOR PAY AND ALLOWANCE PURPOSES. THE PAY AND ALLOWANCES OF NAVY NURSES HOLDING APPOINTMENTS MADE UNDER THE AUTHORITY OF THE ACT OF MAY 13, 1908, WHO HAVE NOT BEEN TRANSFERRED TO THE NAVY NURSE CORPS CREATED BY SECTION 201 OF THE ARMY NAVY NURSES ACT OF 1947 ARE TO BE DETERMINED UNDER THE PROVISIONS OF LAW WHICH WERE IN EFFECT PRIOR TO APRIL 16, 1947--- THE EFFECTIVE DATE OF THE 1947 ACT--- AND WHICH, PURSUANT TO SECTION 213 THEREOF, REMAIN IN EFFECT UNTIL OCTOBER 16, 1947, WITHOUT REGARD TO WHETHER THE APPOINTMENT WAS MADE BEFORE OR AFTER APRIL 16, 1947. A PERSON INITIALLY APPOINTED IN THE NAVY NURSE CORPS UNDER THE PROVISIONS OF THE ACT OF MAY 13, 1908, AFTER APRIL 16, 1947, THE DATE OF ENACTMENT OF THE ARMY-NAVY NURSES ACT OF 1947, OR PRIOR TO OCTOBER 16, 1947, THE EFFECTIVE DATE OF REPEAL OF THE 1908 ACT, AND THE ACT OF JULY 3, 1942, AUTHORIZING UNIFORM ALLOWANCES FOR MEMBERS OF THE NAVY NURSE CORPS, IS ENTITLED TO THE UNIFORM ALLOWANCE PRESCRIBED PURSUANT TO SECTIONS 3 AND 4 OF THE 1942 ACT, EVEN THOUGH SUCH PERSON BE SUBSEQUENTLY COMMISSIONED IN THE NEW NAVY NURSE CORPS CREATED BY THE 1947 ACT. A PERSON INITIALLY COMMISSIONED IN THE NAVY NURSE CORPS PURSUANT TO SECTION 201 OF THE ARMY-NAVY NURSES ACT OF 1947 BETWEEN APRIL 16, 1947, THE EFFECTIVE DATE OF SAID ACT, AND OCTOBER 16, 1947, THE EFFECTIVE DATE OF REPEAL OF SECTION 213 OF THE 1947 ACT OF THE ACT OF JULY 3, 1942, RESPECTING UNIFORM ALLOWANCES FOR MEMBERS OF THE NAVY NURSE CORPS, IS NOT ENTITLED TO PAYMENT OF THE UNIFORM ALLOWANCE PRESCRIBED PURSUANT TO SECTIONS 3 AND 4 OF THE 1942 ACT. NAVY NURSES OF THE VOLUNTEER RESERVE WHO, WHILE ON ACTIVE DUTY ON OR BEFORE APRIL 16, 1947--- THE EFFECTIVE DATE OF SECTION 601 OF THE ARMY NAVY RESERVE--- WERE PAID THE FULL UNIFORM ALLOWANCES (INITIAL AND WARTIME) AUTHORIZED BY THE ACT OF JULY 3, 1942, WOULD NOT, UPON RECALL TO ACTIVE DUTY SUBSEQUENT TO APRIL 16, 1947, BECOME ENTITLED TO THE UNIFORM ALLOWANCES AUTHORIZED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 TO BE PAID TO NAVAL RESERVE OFFICERS UPON FIRST REPORTING FOR ACTIVE DUTY. IN THE CASE OF NAVY NURSES OF THE VOLUNTEER RESERVE PAID INITIAL UNIFORM ALLOWANCE UNDER THE ACT OF JULY 3, 1942, AND SUBSEQUENTLY, ON THE EFFECTIVE DATE OF THE ARMY-NAVY NURSES ACT OF 1947, TRANSFERRED TO THE NURSE CORPS RESERVE PURSUANT TO SECTION 604 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, THE ADDITIONAL UNIFORM ALLOWANCE OF $50 AUTHORIZED BY SECTION 302 OF THE 1938 ACT FOR NAVAL RESERVE OFFICERS UPON THE COMPLETION OF FOUR YEARS' SERVICE IS PAYABLE, CONSIDERING THAT SERVICE IN THE VOLUNTEER RESERVE IS EQUIVALENT TO NAVAL RESERVE SERVICE, COMPUTED FROM THE DATE FOLLOWING THE DATE OF ENTITLEMENT TO THE INITIAL ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, SEPTEMBER 5, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 24, 1947, WITH ENCLOSURE, AS FOLLOWS:

THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, RELATIVE TO THE PAY AND ALLOWANCE STATUS OF MEMBERS OF THE NURSE CORPS, U.S. NAVY.

YOUR DECISION IS REQUESTED ON THE VARIOUS QUESTIONS PRESENTED BY THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IN THE ENCLOSURE AND UNDER THE CONDITIONS THEREIN STATED, AS FOLLOWS:

(1) IN VIEW OF THE BROAD LANGUAGE USED IN SUBSECTION (A) OF SECTION 208 OF THE ARMY-NAVY NURSES ACT OF 1947, IS THE SERVICE ENUMERATED IN SUBSECTION (B) OF SAID SECTION 208 CREDITABLE FOR ALL PAY PURPOSES, INCLUDING PERIOD PAY, WHICH IS LIKEWISE BASED UPON LONGEVITY OR LENGTH OF SERVICE? IN THIS CONNECTION PARTICULAR ATTENTION IS INVITED TO THE COMMENTS OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AS SET FORTH IN PARAGRAPH 3 OF THE ENCLOSURE.

(2) IN CASE THE ANSWER TO QUERY (1) IS IN THE NEGATIVE, IT WILL RESULT IN A REDUCTION IN THE PAY WHICH MEMBERS OF THE NAVY NURSE CORPS WERE RECEIVING ON APRIL 16, 1947, DATE OF APPROVAL OF THE ARMY-NAVY NURSES ACT OF 1947, SINCE THERE IS NO SAVINGS CLAUSE IN SAID ACT WITH RESPECT TO MEMBERS OF THE NAVY NURSE CORPS ON THE ACTIVE LIST OF THE REGULAR NAVY. ACCORDINGLY, IN THE EVENT OF A NEGATIVE ANSWER TO QUERY (1) ABOVE, YOUR FURTHER DECISION IS REQUESTED AS TO---

(A) WHETHER THE RIGHT OF THE MEMBERS OF THE EXISTING NURSE CORPS TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE ACTS OF DECEMBER 22, 1942 (56 STAT. 1072, 1074), AND DECEMBER 3, 1945 (59 STAT. 594), CONTINUES UNTIL OCTOBER 16, 1947, THE DATE OF REPEAL OF SAID ACTS; OR

(B) WHETHER RIGHT TO PAY UNDER THE CITED ACTS OF DECEMBER 22, 1942, AND DECEMBER 3, 1945, TERMINATES AS OF THE EFFECTIVE DATE OF TRANSFER TO THE NURSE CORPS CREATED BY SECTION 201 OF THE ARMY-NAVY NURSES ACT OF 1947, AND

(C) WHETHER INDIVIDUALS ORIGINALLY COMMISSIONED IN THE GRADE OF NURSE IN THE NAVY NURSE CORPS ON AND AFTER APRIL 16, 1947, ARE ENTITLED TO PAY UNDER THE PROVISIONS OF THE ACT OF DECEMBER 3, 1945, UNTIL OCTOBER 16, 1947, OR WHETHER SUCH INDIVIDUALS ARE ENTITLED TO PAY UNDER THE PROVISIONS OF SECTION 208 OF THE ARMY-NAVY NURSES ACT OF 1947 FROM DATE OF ACCEPTANCE OF COMMISSION?

(3) WHETHER INDIVIDUALS APPOINTED UNDER THE AUTHORITY OF THE ACT OF MAY 13, 1908 (35 STAT. 46; 34 U.S.C. 41-42), AFTER APRIL 16, 1947, AND SUBSEQUENTLY COMMISSIONED IN THE GRADE OF NURSE AS PROVIDED IN SECTION 201 OF THE ARMY-NAVY NURSES ACT OF 1947, ARE ENTITLED TO PAY UNDER THE SAME CONDITIONS AS MEMBERS OF THE ACTIVE LIST OF THE EXISTING NURSE CORPS ON APRIL 16, 1947?

(4) WHETHER INDIVIDUALS WHO ARE INITIALLY APPOINTED IN THE NAVY NURSE CORPS BETWEEN APRIL 17, 1947, AND OCTOBER 16, 1947, UNDER THE AUTHORITY CONTAINED IN THE ACT OF MAY 13, 1908, SUPRA, AND SUBSEQUENTLY COMMISSIONED IN THE GRADE OF NURSE AS PROVIDED IN SECTION 201 OF THE ARMY-NAVY NURSES ACT OF 1947, ARE ENTITLED TO THE UNIFORM ALLOWANCE PRESCRIBED BY THE ACT OF JULY 3, 1942 (56 STAT. 646), WHICH ALSO REMAINS IN EFFECT UNTIL OCTOBER 16, 1947?

(5) WHETHER INDIVIDUALS INITIALLY COMMISSIONED IN THE GRADE OF NURSE BETWEEN APRIL 16, 1947, AND OCTOBER 16, 1947, UNDER THE AUTHORITY CONTAINED IN SECTION 201 OF THE ARMY-NAVY NURSES ACT OF 1947, ARE ENTITLED TO THE UNIFORM ALLOWANCE PRESCRIBED IN THE ACT OF JULY 3, 1942, SUPRA?

(6) WHETHER A NURSE IN THE VOLUNTEER RESERVE ON INACTIVE DUTY ON EFFECTIVE DATE OF ENACTMENT OF TITLE VI OF THE ARMY-NAVY NURSES ACT OF 1947, WHO IS CALLED TO ACTIVE OR TRAINING DUTY SUBSEQUENT TO APRIL 16, 1947, IS ENTITLED TO OTHERWISE PROPER CREDIT OF UNIFORM ALLOWANCE PRESCRIBED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1180; 34 U.S.C. 855A), IRRESPECTIVE OF THE FACT THAT SUCH NURSE HAS PREVIOUSLY RECEIVED THE FULL UNIFORM ALLOWANCE PRESCRIBED BY THE ACT OF JULY 3, 1942, SUPRA, AT THE TIME OF FIRST REPORTING FOR ACTIVE DUTY IN HER FORMER STATUS OF A NURSE IN THE VOLUNTEER RESERVE?

(7) WHETHER A NURSE OF THE VOLUNTEER RESERVE ON ACTIVE DUTY ON THE EFFECTIVE DATE OF ENACTMENT OF TITLE VI OF THE ARMY-NAVY NURSES ACT OF 1947 IS ENTITLED TO CREDIT OF UNIFORM ALLOWANCE OF $100 AND $150, RESPECTIVELY, AS PRESCRIBED IN SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, IRRESPECTIVE OF THE FACT THAT SUCH NURSE HAS PREVIOUSLY RECEIVED THE FULL UNIFORM ALLOWANCE PRESCRIBED BY THE ACT OF JULY 3, 1942, SUPRA?

(8) WHETHER ALL NURSES OF THE VOLUNTEER RESERVE TRANSFERRED TO THE NURSE CORPS RESERVE ON APRIL 16, 1947, UNDER AUTHORITY OF SECTION 604 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, WHILE ON ACTIVE DUTY OR WHILE IN AN INACTIVE STATUS, ARE ENTITLED TO $50 UNIFORM ALLOWANCE PRESCRIBED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, IF FOUR OR MORE YEARS HAVE ELAPSED SINCE PAYMENT OF UNIFORM ALLOWANCE PRESCRIBED BY THE ACT OF JULY 3, 1942, SUPRA?

(9) IF THE ANSWER TO QUERY (8) IS IN THE NEGATIVE, WHEN DOES THE RIGHT ACCRUE TO THE $50 UNIFORM ALLOWANCE PRESCRIBED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938?

YOUR EARLY DECISION ON THE ABOVE QUESTIONS IS REQUIRED.

THE ARMY-NAVY NURSES ACT OF 1947 ( PUBLIC LAW 36, APPROVED APRIL 16, 1947), 61 STAT. 41, IS ENTITLED " AN ACT TO ESTABLISH A PERMANENT NURSE CORPS OF THE ARMY AND THE NAVY AND TO ESTABLISH A WOMEN'S MEDICAL SPECIALIST CORPS IN THE ARMY.' TITLE I OF THAT ACT (SECTIONS 101 TO 117) RELATES TO " ARMY NURSES AND WOMEN'S MEDICAL SPECIALIST CORPS," AND TITLE II THEREOF (SECTIONS 201 TO 215) RELATES TO THE " NAVY NURSE CORPS.'

SECTION 201 OF SAID ACT, 61 STAT. 47, CREATES AND ESTABLISHES A NURSE CORPS AS A STAFF CORPS OF THE UNITED STATES NAVY AND PROVIDES THAT THE NAVY NURSE CORPS SHALL CONSIST OF OFFICERS COMMISSIONED IN THE GRADE OF NURSE WHO SHALL HAVE THE RANK OF COMMANDER, LIEUTENANT COMMANDER, LIEUTENANT, LIEUTENANT (JUNIOR GRADE) OR ENSIGN, AND SECTION 202, 61 STAT. 47, PROVIDES FOR A DIRECTOR OF THE NAVY NURSE CORPS AND THAT SUCH DIRECTOR, WHILE SO SERVING, SHALL HAVE THE RANK, PAY, AND ALLOWANCES OF A CAPTAIN OF THE NAVY.

SECTIONS 203, 208, 210, 213, AND 215 OF THE ACT, 61 STAT. 47, 50, 51, 52, ARE AS FOLLOWS:

SEC. 203. ALL MEMBERS OF THE ACTIVE LIST OF THE EXISTING NURSE CORPS OF THE REGULAR NAVY, WHO, ON THE EFFECTIVE DATE OF THIS ACT, ARE SERVING IN A TEMPORARY RANK AUTHORIZED BY PRESENT LAW, MAY, DURING A PERIOD OF NOT MORE THAN SIX MONTHS AFTER ENACTMENT OF THIS ACT, BE TRANSFERRED TO THE NURSE CORPS CREATED BY THIS ACT, AND, UPON TRANSFER, SHALL BE APPOINTED FOR TEMPORARY SERVICE PURSUANT TO, AND SUBJECT TO THE LIMITATIONS OF, THE ACT OF JULY 24, 1941 (55 STAT. 603), AS NOW OR HEREAFTER AMENDED, TO THE SAME RANK AND WITH THE SAME PRECEDENCE HELD BY THEM ON THE DATE OF SUCH TRANSFER, AND FOR THE PURPOSES OF SUCH APPOINTMENTS UNDER THE SAID ACT, SUCH MEMBERS OF THE NURSE CORPS SHALL BE CONSIDERED TO BE COMMISSIONED OFFICERS OF THE REGULAR NAVY. NURSES SO TRANSFERRED, WHO AT THE TIME OF SUCH TRANSFER HAD TO THEIR CREDIT LEAVE ACCRUED BUT NOT TAKEN, SHALL NOT, BY REASON OF SUCH TRANSFER, LOSE SUCH ACCRUED LEAVE. PRIOR TO THE TERMINATION OF THEIR TEMPORARY APPOINTMENTS, THE SECRETARY OF THE NAVY SHALL APPOINT A BOARD OF NOT LESS THAN THREE NAVAL OFFICERS, WHO, IN ACCORDANCE WITH SUCH REGULATIONS AS HE MAY PRESCRIBE, SHALL ASSIGN RUNNING MATES TO THE NURSES CORPS OFFICERS TRANSFERRED AND APPOINTED FOR TEMPORARY SERVICE PURSUANT TO THIS SECTION, AND SUCH OFFICERS SHALL BE ASSIGNED PERMANENT RANKS CORRESPONDING TO THE PERMANENT RANKS HELD BY THEIR RUNNING MATES: PROVIDED, THAT NO OFFICER OF THE NURSE CORPS SHALL BE ASSIGNED A PERMANENT RANK ABOVE THAT OF COMMANDER.

SEC. 208. (A) ALL PROVISIONS OF LAW RELATING TO PAY, LEAVE, MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, MILEAGE AND OTHER TRAVEL ALLOWANCES, OR OTHER ALLOWANCES, BENEFITS, OR EMOLUMENTS, OF MALE OFFICERS OF THE NAVY, EXCEPT THOSE PROVISIONS RELATING TO THE SAME SUBJECT MATTER PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION, ARE HEREBY MADE APPLICABLE TO OFFICERS OF THE NURSE CORPS: PROVIDED, THAT THE HUSBANDS OF OFFICERS OF THE NAVY NURSE CORPS SHALL NOT BE CONSIDERED DEPENDENTS OF SUCH OFFICERS UNLESS THEY ARE IN FACT DEPENDENT ON THEIR WIVES FOR THEIR CHIEF SUPPORT, AND THE CHILDREN OF SUCH OFFICERS SHALL NOT BE CONSIDERED DEPENDENTS UNLESS THEIR FATHER IS DEAD OR THEY ARE IN FACT DEPENDENT ON THEIR MOTHER FOR THEIR SUPPORT: PROVIDED FURTHER, THAT OFFICERS OF THE NURSE CORPS MAY BE SUBSISTED IN HOSPITAL MESSES IN ACCORDANCE WITH SECTION 17 (A) OF THE ACT OF AUGUST 2, 1946 ( PUBLIC LAW 604, SEVENTY-NINTH CONGRESS, SECOND SESSION), AND SUCH OFFICERS MAY BE ASSIGNED QUARTERS IN NAVAL HOSPITALS UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE.

(B) LONGEVITY PAY FOR OFFICERS OF THE NAVY NURSE CORPS SHALL BE BASED UPON THE TOTAL OF ALL PERIODS OF ACTIVE SERVICE DURING WHICH THEY HAVE HELD OR SHALL HOLD APPOINTMENTS AS NURSES OR AS COMMISSIONED OFFICERS IN THE NURSE CORPS OF THE ARMY, NAVY, OR PUBLIC HEALTH SERVICE, OR THE RESERVE COMPONENTS THEREOF.

SEC. 210. THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1175), AS AMENDED, IS HEREBY FURTHER AMENDED BY ADDING AFTER SECTION 508 THEREOF AN ADDITIONAL TITLE AS FOLLOWS:

" TITLE VI--- NURSE CORPS RESERVE

"SEC. 601. A NURSE CORPS 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 NURSE CORPS 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. 602. MEMBERS OF THE NURSE CORPS RESERVE MAY BE COMMISSIONED IN APPROPRIATE RANKS CORRESPONDING TO THOSE OF THE NURSE CORPS OF THE REGULAR NAVY IN ACCORDANCE WITH SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE. SUCH MEMBERS OF THE NURSE CORPS RESERVE, WHEN ON ACTIVE DUTY, SHALL HAVE THE SAME AUTHORITY IN AND ABOUT NAVAL HOSPITALS AND OTHER ACTIVITIES OF THE MEDICAL DEPARTMENT OF THE NAVY AS OFFICERS OF THE NURSE CORPS OF THE REGULAR NAVY.

"SEC. 603. THE RESERVE ESTABLISHED BY THIS TITLE SHALL BE COMPOSED OF MEMBERS WHO ARE FEMALE CITIZENS OF THE UNITED STATES AND WHO SHALL HAVE SUCH PROFESSIONAL OR OTHER QUALIFICATIONS AS SHALL BE PRESCRIBED BY THE SECRETARY OF THE NAVY.

"SEC. 604. ALL NURSES OF THE VOLUNTEER RESERVE APPOINTED UNDER THE AUTHORITY OF TITLE I, SECTION 4, OF THIS ACT ARE HEREBY TRANSFERRED TO THE NURSE CORPS RESERVE ESTABLISHED BY SECTION 601 OF THIS TITLE IN SUCH PERMANENT RANKS AS THE SECRETARY OF THE NAVY MAY DETERMINE AND THE TEMPORARY RANKS HELD BY THOSE ON ACTIVE DUTY ON THE EFFECTIVE DATE OF THIS TITLE SHALL NOT BE VACATED BY REASON OF SUCH TRANSFER. EACH NURSE SO TRANSFERRED, WHO AT THE TIME OF SUCH TRANSFER HAD TO HER CREDIT LEAVE ACCRUED BUT NOT TAKEN, MAY, SUBSEQUENT TO SUCH TRANSFER, BE GRANTED SUCH LEAVE WITHOUT LOSS OF PAY AND ALLOWANCES.'

SEC. 213. EFFECTIVE SIX MONTHS AFTER ENACTMENT OF THIS TITLE, ALL LAWS OR PARTS OF LAWS INCONSISTENT WITH THE PROVISIONS OF THIS TITLE ARE HEREBY REPEALED, AND THE PROVISIONS OF THIS TITLE SHALL BE IN EFFECT IN LIEU THEREOF AND SUCH REPEAL SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FOLLOWING ACTS AND PARTS OF ACTS;

(A) THE THIRD PARAGRAPH SUBHEADING " REPAIRS, BUREAU OF MEDICINE AND SURGERY," HEADING " BUREAU OF MEDICINE AND SURGERY," OF THE ACT OF MAY 13, 1908, AS IT APPEARS ON PAGE 146, VOLUME 35, STATUTES AT LARGE.

(B) SO MUCH OF THE ACT OF MAY 13, 1926 (44 STAT. 790), AS RELATES TO THE NAVY NURSE CORPS.

(C) SO MUCH OF THE ACT OF JUNE 20, 1930 (46 STAT. 790), AS AMENDED BY THE ACTS OF MARCH 3, 1931 (46 STAT. 1502), AND OCTOBER 17, 1940 (54 STAT. 1192), AS RELATES TO THE NAVY NURSE CORPS.

(D) THAT PART OF SECTION 4 OF THE ACT OF JUNE 25, 1938 (52 STAT. 1176), WHICH RELATES TO THE APPOINTMENT OF FEMALE REGISTERED NURSES IN THE VOLUNTEER RESERVE.

(E) THAT PART OF SECTION 2 OF THE ACT OF JUNE 16, 1942 (56 STAT. 360), WHICH AUTHORIZES AN INCREASE OF 20 PERCENTUM IN BASE PAY OF NAVY NURSES WHILE ON SEA DUTY.

(F) SO MUCH OF SECTION 13 OF THE ACT OF JUNE 16, 1942 (56 STAT. 366), AS RELATES TO THE NAVY NURSE CORPS.

(G) THE ACT OF JULY 3, 1942 (56 STAT. 646).

(H) SECTION 7 OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1074).

(I) THE ACT OF FEBRUARY 26, 1944 (58 STAT. 105).

(J) THE ACT OF DECEMBER 3, 1945 (59 STAT. 594).

* * * * * * * SEC. 215. EXCEPT AS PROVIDED IN SECTION 213 HEREOF, THIS TITLE SHALL TAKE EFFECT UPON THE DATE OF ITS ENACTMENT.

QUESTION 1

BY SECTION 208 (A) OF THE ARMY-NAVY NURSES ACT OF 1947, SUPRA, ALL PROVISIONS OF LAW RELATING TO PAY, ETC., OF MALE OFFICERS OF THE NAVY "EXCEPT THOSE PROVISIONS RELATING TO THE SAME SUBJECT MATTER PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION," ARE MADE APPLICABLE (SUBJECT TO PROVISOS NOT PERTINENT TO THE QUESTION HERE INVOLVED) OFFICERS OF THE NAVY NURSE CORPS. THE ONLY PROVISIONS IN THE SAID SUBSECTION (B) ARE THOSE WHICH SET FORTH THE CLASSES OF SERVICE ON WHICH THE LONGEVITY PAY OF OFFICERS OF THE NAVY NURSE CORPS IS TO BE BASED AND SUCH SUBSECTION DOES NOT SPECIFY THAT SUCH CLASSES OF SERVICE ARE TO BE COUNTED FOR PAY PURPOSES OTHER THAN LONGEVITY PAY PURPOSES. THE TERM "LONGEVITY PAY" GENERALLY REFERS TO THE PERCENTAGE INCREASES IN BASE PAY WHICH ARE PROVIDED BY STATUTE FOR EACH TERM OF SERVICE OF A SPECIFIED LENGTH, AND IT HAS NOT BEEN CONSIDERED AS REFERRING TO, OR AS INCLUDING,"PERIOD PAY" WHICH IS BASE PAY AND WHICH, FOR OFFICERS OF CERTAIN GRADES, IS BASED ON GRADE AND LENGTH OF SERVICE. HENCE, THE LANGUAGE OF SECTION 208 GIVES RISE TO THE QUESTION WHETHER OR NOT AN OFFICER OF THE NAVY NURSE CORPS MAY BE CREDITED WITH CLASSES OF SERVICE SET FORTH IN THE SAID SUBSECTION (B), OR ANY OTHER CLASSES OF SERVICE, FOR PERIOD PAY PURPOSES.

UNDER THE PROVISIONS OF SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C., SUPP. V, 101, MALE OFFICERS OF THE REGULAR NAVY OF SPECIFIED GRADES ARE ENTITLED TO HIGHER BASE OR PERIOD PAY--- THAT IS, THE BASE PAY OF A HIGHER PAY PERIOD THAN THAT APPLICABLE GENERALLY TO OFFICERS OF THEIR GRADE OR RANK--- WHEN THEY HAVE COMPLETED A CERTAIN TERM OF SERVICE AS SPECIFIED IN THE STATUTE. THE EVIDENT PURPOSE OF SECTION 208 (A), SUPRA, AS INDICATED BY ITS LANGUAGE, IS TO PLACE OFFICERS OF THE NAVY NURSE CORPS GENERALLY ON A PAR WITH MALE OFFICERS OF THE REGULAR NAVY FOR PAY AND ALLOWANCES PURPOSES. IN SPECIFYING THE TYPES OF SERVICE WITH WHICH SUCH NURSES MAY BE CREDITED FOR LONGEVITY PAY PURPOSES, SECTION 208 (B), SUPRA, SEEMINGLY WAS DESIGNED TO FURTHER THAT PURPOSE, RATHER THAN TO LIMIT OR RESTRICT IT, SINCE THE CLASSES OF SERVICE CREDITABLE FOR PAY PURPOSES IN THE CASE OF MALE OFFICERS OF THE REGULAR NAVY (SEE SECTIONS 1 AND 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 56 STAT. 1037) GENERALLY WOULD BE INAPPLICABLE TO OFFICER-NURSES AND, HENCE, WITHOUT SECTION 208 (B), THERE WOULD BE NO PROVISION OF LAW WHICH WOULD ESTABLISH AN EFFECTIVE BASIS FOR THE COMPUTATION OF SERVICE OF OFFICERS OF THE NEW NAVY NURSE CORPS FOR SUCH PURPOSES.

THE BILL, H.R. 1943, WHICH BECAME THE ARMY-NAVY NURSES ACT OF 1947, REPRESENTED A CONSOLIDATION OF THE PROVISIONS CONTAINED IN TWO BILLS, H.R. 1373 AND H.R. 1673, WHICH HAD BEEN PENDING BEFORE A SUB-COMMITTEE OF THE COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES. THE PROVISIONS OF H.R. 1373, WITH AMENDMENTS ADOPTED BY THE SUBCOMMITTEE, ARE SUBSTANTIALLY IDENTICAL IN ALL MAJOR RESPECTS WITH THE PROVISIONS OF TITLE II OF THE ARMY-NAVY NURSES ACT OF 1947, AND THE PROVISIONS OF TITLE II OF H.R. 1673, WITH AMENDMENTS ADOPTED BY THE SUBCOMMITTEE, ARE SUBSTANTIALLY IDENTICAL IN ALL IMPORTANT RESPECTS WITH THE PROVISIONS OF TITLE I OF SUCH ACT. H.R. 1943, AS REPORTED TO THE HOUSE OF REPRESENTATIVES BY THE COMMITTEE ON ARMED SERVICES, WITH RECOMMENDED CLARIFYING AMENDMENTS WHICH WERE ADOPTED BY THE HOUSE, WAS ENACTED WITHOUT FURTHER AMENDMENTS, EXCEPTING TWO "PERFECTING" AMENDMENTS. IN SPONSORING H.R. 1943 ON THE FLOOR OF THE HOUSE, MRS. SMITH OF MAINE, AS CHAIRMAN OF THE SUB-COMMITTEE IN CHARGE OF THE BILL, SPOKE ON MARCH 12, 1947, AS FOLLOWS (QUOTING FROM 93 CONGRESSIONAL RECORD, 1998):

THE SUBCOMMITTEE IS STRIVING FOR THE GOAL OF GREATER UNIFORMITY CONSIDERED THE TWO SEPARATE BILLS, ONE WITH RESPECT TO THE ARMY, THE OTHER WITH RESPECT TO THE NAVY, BUT BOTH WITH RESPECT TO THE NURSE CORPS OF EACH SERVICE. IN OTHER WORDS AN ARMY BILL AND A NAVY BILL ON THE SAME SUBJECT WERE DISCUSSED AT THE SAME HEARING BY THE SAME SUBCOMMITTEE INSTEAD OF AT SEPARATE HEARINGS BY SEPARATE COMMITTEES AS IN THE PAST. THIS WAS DONE BECAUSE THE COMMITTEE WAS CONSCIOUS OF THE DESIRABILITY AND NECESSITY OF LEGISLATING FOR THE ARMED SERVICES AS A WHOLE RATHER THAN SPECIALLY FOR EACH SERVICE.

AFTER COMPLETE HEARINGS THE SUBCOMMITTEE REPORTED OUT ONE BILL WITH SIMILAR PROVISIONS FOR BOTH THE ARMY AND THE NAVY. THE FULL COMMITTEE ON ARMED SERVICES HAS REPORTED THIS BILL, H.R. 1943, FAVORABLY TO THE HOUSE AND IT IS NOW BEFORE US FOR CONSIDERATION.

THERE IS NOT ANYTHING NEW ABOUT THIS PROPOSAL. IT IS SIMPLY MAKING PERMANENT THE WARTIME PROGRAM FOR NURSES, DIETITIANS, PHYSIOTHERAPISTS, AND OCCUPATIONAL THERAPISTS.

YOU KNOW THE HISTORY OF THE NURSE CORPS AND THE ADMIRABLE SERVICE RENDERED BY THE NURSES, DIETITIANS, PHYSIOTHERAPISTS, AND OCCUPATIONAL THERAPISTS DURING THE PAST WAR, SO I WILL CONFINE MY REMARKS TO THE MAJOR FEATURES OF THE BILL AND TO THE NEED FOR ITS ENACTMENT.

UNDER PRESENT LEGISLATION BOTH ARMY AND NAVY NURSES ARE OCCUPYING TEMPORARY COMMISSIONED RANK. WITH THE ENDING OF THE WAR EMERGENCY AND WITHOUT NEW LEGISLATION THE MEMBERS OF THE ARMY NURSE CORPS, THE WOMEN'S MEDICAL SPECIALIST CORPS OF THE REGULAR ARMY, AND THE NAVY NURSE CORPS, WILL REVERT TO RELATIVE RANK AND TO THE PREWAR SCALE OF PAY ALLOWANCES WHICH, UNDER THE PAY READJUSTMENT ACT OF 1942, BEGAN WITH THE SUM OF $1,080 PER ANNUM TO THE TOP PAY OF $1,800 PER ANNUM FOR A PERSON HAVING SERVED 12 YEARS, AFTER WHICH THERE WERE NO INCREASES.

MAJ. GEN. NORMAN KIRK, SURGEON GENERAL OF THE UNITED STATES ARMY, AND ADMIRAL CLIFFORD E. SWANSON, CHIEF OF THE BUREAU OF MEDICINE AND SURGERY OF THE UNITED STATES NAVY, BOTH TESTIFIED, DURING THE COURSE OF THE HEARING ON THIS BILL, THAT A REVERSION TO THE PREWAR PAY SCALES WOULD RESULT IN A COMPLETE DISSOLUTION OF THE ARMY AND NAVY NURSES CORPS.

THIS BILL IS IN TWO SECTIONS. TITLE I PERTAINS TO THE ARMY, AND TITLE II TO THE NAVY. ALTHOUGH THE WORDING DIFFERS SOMEWHAT, THE PROVISIONS ARE PRACTICALLY THE SAME, SO MUCH SO THAT UNDER THIS PROPOSED LEGISLATION A NURSE COULD TRANSFER FROM ONE BRANCH OF THE SERVICE TO THE OTHER WITHOUT DETRIMENT TO HERSELF OR TO THE SERVICE.

H.R. 1943 PROVIDES THAT---

FIRST, ARMY AND NAVY NURSES AND PERSONNEL OF THE WOMEN'S MEDICAL SPECIALIST CORPS OF THE ARMY WOULD BE COMMISSIONED ON A PERMANENT STATUS, THE SAME AS ALL MALE OFFICERS.

SECOND. PAY, LEAVE, MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, MILEAGE AND OTHER TRAVEL ALLOWANCES, BENEFITS, AND EMOLUMENTS WOULD BE THE SAME AS FOR MALE OFFICERS.

THIRD. PROVISIONS FOR PROMOTION WOULD BE THE SAME AS FOR MALE OFFICERS EXCEPT THAT ARMY NURSES AND SPECIALISTS ABOVE THE RANK OF CAPTAIN, AND NAVY NURSES ABOVE THE RANK OF LIEUTENANT WOULD BE CHOSEN BY SELECTION BOARDS.

FOURTH. RETIREMENT PROVISIONS WOULD BE THE SAME AS FOR MALE OFFICERS EXCEPT THAT THE RETIREMENT AGE IS REDUCED TO 55 YEARS IN THE RANKS ABOVE CAPTAIN IN THE ARMY AND ABOVE LIEUTENANT IN THE NAVY, AND AT 50 YEARS IN ALL RANKS BELOW CAPTAIN IN THE ARMY AND LIEUTENANT IN THE NAVY, AND RETIREMENT PAY WOULD BE BASED ON 2 1/2 PERCENT PER ANNUM, THE SAME AS ALL OFFICERS OF THE ARMY AND THE NAVY.

FIFTH, THE PROPOSED LEGISLATION WOULD ESTABLISH SIMILAR PROVISIONS FOR NURSES OF BOTH THE ARMY AND THE NAVY WITH EXACTLY THE SAME PAY AND ALLOWANCES.

FROM THE FOREGOING, FROM THE HEARINGS ON H.R. 1373, H.R. 1673, AND H.R. 1943, FROM THE COMMITTEE REPORTS ON H.R. 1943, AND FROM THE ENTIRE DISCUSSION ON H.R. 1943 IN THE HOUSE AND IN THE SENATE, IT IS CLEAR THAT IT WAS THE PURPOSE OF THE CONGRESS IN ENACTING THE ARMY-NAVY NURSES ACT OF 1947 TO GIVE OFFICER-NURSES OF THE ARMY AND OF THE NAVY THE BENEFIT OF THE PAY PROVISIONS APPLICABLE TO MALE OFFICERS OF THE REGULAR ESTABLISHMENTS IN EVERY COMPARABLE AND PRACTICABLE RESPECT AND TO GIVE TO OFFICER-NURSES OF THE NAVY SUBSTANTIALLY THE SAME PAY AND ALLOWANCES AS THOSE PROVIDED FOR OFFICER-NURSES OF THE ARMY. IN THIS CONNECTION, THE LANGUAGE OF SECTIONS 109 AND 110 OF THE SAID ACT, 61 STAT. 45, 46, MAKES IT CLEAR THAT FOR PERIOD PAY PURPOSES, AS WELL AS FOR LONGEVITY PAY PURPOSES, OFFICERS OF THE NEW ARMY NURSE CORPS ARE ENTITLED TO CREDIT FOR "ACTIVE MILITARY SERVICE IN THE ARMY NURSE CORPS AND IN THE NAVY NURSE CORPS, ACTIVE MILITARY SERVICE RENDERED PURSUANT TO AN APPOINTMENT UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), AND ACTIVE MILITARY SERVICE RENDERED PURSUANT TO AN APPOINTMENT UNDER THE ACT OF JUNE 23, 1944 (58 STAT. 4).'

THE LEGISLATIVE HISTORY OF THE ARMY-NAVY NURSES ACT OF 1947 CLEARLY SHOWS, ALSO, THAT IT WAS THE PURPOSE OF THE CONGRESS TO GIVE TO OFFICERS OF THE NEW NAVY NURSE CORPS SUBSTANTIALLY THE SAME PAY AS THAT PROVIDED FOR NAVY NURSES BY PRIOR TEMPORARY (WARTIME) LAW AND, UNDER SUCH PRIOR LAW, SECTION 1 OF THE ACT OF DECEMBER 3, 1945, 59 STAT. 594 (WHICH IS EXPRESSLY REPEALED, EFFECTIVE OCTOBER 16, 1947, BY SECTION 213, SUPRA), NAVY NURSES WERE ENTITLED TO THE SAME PAY AS OFFICERS OF THE REGULAR NAVY OF CORRESPONDING RANK AND LENGTH OF SERVICE AND WERE ENTITLED TO PERIOD PAY AND TO LONGEVITY PAY BASED ON THE PROVISIONS OF SUBSECTION (B) OF THE SAID SECTION 1, 59 STAT. 595, AS FOLLOWS:

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. ( ITALICS SUPPLIED.)

WITH RESPECT TO THE SCOPE OF THE PROVISIONS OF SUCH SUBSECTION, SEE 25 COMP. GEN. 604; AND AS TO THE CLASSES OF SERVICE WITH WHICH MEMBERS OF THE NEW NAVY NURSE CORPS MAY BE CREDITED FOR PURPOSES OF DETERMINING THEIR ELIGIBILITY FOR VOLUNTARY RETIRMENT, SEE SECTION 207 (I) OF THE ARMY-NAVY NURSES ACT OF 1947, 61 STAT. 50.

IN VIEW OF THE ABOVE, IT SEEMS TO BE THE CLEAR PURPOSE AND INTENT OF SECTION 208, SUPRA, THAT OFFICERS OF THE NAVY NURSE CORPS SHALL BE CREDITED WITH APPROPRIATE CLASSES OF PRIOR SERVICE FOR THE PURPOSES OF DETERMINING THEIR ELIGIBILITY FOR ADVANCEMENT FROM ONE PAY PERIOD TO ANOTHER IN ORDER TO MAINTAIN A PAY PARITY WITH OFFICERS OF THE ARMY NURSE CORPS AND WITH MALE OFFICERS GENERALLY, AND IT IS APPARENT THAT SUCH PURPOSE WOULD BE FRUSTRATED UNLESS IT BE CONCLUDED THAT THE CLASSES OF SERVICE SET FORTH IN SUBSECTION (B) OF SAID SECTION WERE INTENDED TO BE COUNTED FOR SUCH PURPOSES. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 2

IN VIEW OF THE ANSWER TO YOUR FIRST QUESTION, IT DOES NOT APPEAR THAT A DECISION IS NECESSARY RESPECTING THE MATTERS COVERED IN YOUR SECOND QUESTION.

QUESTION 3

WHEN SECTIONS 213 AND 215 OF THE ARMY-NAVY NURSES ACT OF 1947, SUPRA, ARE READ TOGETHER AND ARE CONSIDERED IN CONJUNCTION WITH THE OTHER PROVISIONS OF THE ACT AND THE LEGISLATIVE HISTORY OF SUCH ACT, IT SEEMS PROBABLE THAT THE CONGRESS DID NOT CONTEMPLATE OR INTEND THAT ANY APPOINTMENTS AS NURSES WOULD BE MADE AFTER APRIL 16, 1947, UNDER THE PROVISIONS OF THE ACT OF MAY 13, 1908, 35 STAT. 146, 34 U.S.C.A. 41, 42, AND THAT THE SPECIFIC REPEAL OF THAT PART OF SUCH 1908 ACT WHICH PERTAINS TO THE " NURSE CORPS (FEMALE) OF THE UNITED STATES NAVY" WAS POSTPONED FOR 6 MONTHS FOR THE PURPOSE OF ALLOWING TIME FOR THE TRANSFER TO THE NEW NAVY NURSE CORPS CREATED BY THE 1947 ACT OF PERSONS WHO, ON APRIL 16, 1947, THE EFFECTIVE DATE OF THE 1947 ACT, WERE HOLDING APPOINTMENTS MADE UNDER THE PROVISIONS OF THE 1908 ACT. COMPARE THE PROVISIONS OF SECTION 113 (A) OF THE 1947 ACT, 61 STAT. 46, RESPECTING ARMY NURSES, AS FOLLOWS:

SEC. 113 (A) EFFECTIVE ON THE DATE OF ENACTMENT OF THIS ACT, NO FURTHER APPOINTMENT SHALL BE MADE IN THE ARMY NURSE CORPS CREATED BY CHAPTER V OF THE ACT OF JULY 9, 1918 (40 STAT. 879), AS AMENDED, AND NO FURTHER APPOINTMENT SHALL BE MADE PURSUANT TO THE ACT OF DECEMBER 22, 1942 (56 STAT. 1073), OR PURSUANT TO THE ACT OF JUNE 22, 1944 (58 STAT. 324). THE ACCEPTANCE OF ANY REGULAR ARMY APPOINTMENTS UNDER THIS ACT SHALL OPERATE TO VACATE ANY OTHER MILITARY OR CIVILIAN STATUS IN OR WITH THE MILITARY ESTABLISHMENT THERETOFORE OCCUPIED BY THE APPOINTEE EXCEPT AN APPOINTMENT PURSUANT TO THE ACT OF JUNE 22, 1944.'

HOWEVER, IF ANY PERSONS HAVE BEEN APPOINTED AS NURSES SINCE APRIL 16, 1947, UNDER THE AUTHORITY OF THE 1908 ACT, THEY SEEMINGLY MUST BE CONSIDERED AS SUBJECT NOT ONLY TO THE TERMS OF THE 1908 ACT BUT TO THE PROVISIONS OF LAW PRESCRIBING THE PAY AND ALLOWANCES OF PERSONS WHO SERVED UNDER SIMILAR APPOINTMENTS PRIOR TO APRIL 16, 1947, SINCE, UNDER THE EXPRESS TERMS OF SECTION 213 OF THE ARMY-NAVY NURSES ACT OF 1947, SUCH PROVISIONS OF LAW RESPECTING PAY AND ALLOWANCES, LIKE THE APPLICABLE PROVISIONS OF THE 1908 ACT, REMAIN IN EFFECT UNTIL OCTOBER 16, 1947, AND SINCE IT SEEMS CLEAR THAT THE PAY AND ALLOWANCE PROVISIONS OF SECTION 208 OF THE 1947 ACT APPLY ONLY TO PERSONS WHO HAVE BEEN TRANSFERRED TO OR APPOINTED IN THE NEW NAVY NURSE CORPS CREATED BY SECTION 201 OF SUCH ACT. HENCE, THE CONCLUSION IS REQUIRED THAT THE PAY AND ALLOWANCES OF NAVY NURSES HOLDING APPOINTMENTS MADE UNDER AUTHORITY OF THE ACT OF MAY 13, 1908 (WHO HAVE NOT BEEN TRANSFERRED TO THE NEW NAVY NURSE CORPS CREATED BY THE 1947 ACT), ARE TO BE DETERMINED UNDER THE PROVISIONS OF THE LAWS WHICH WERE IN EFFECT PRIOR TO APRIL 16, 1947--- AND WHICH REMAIN IN EFFECT UNTIL OCTOBER 16, 1947--- WITHOUT REGARD TO THE QUESTION WHETHER THE APPOINTMENT UNDER THE 1908 ACT WAS MADE BEFORE OR AFTER APRIL 16, 1947. YOUR THIRD QUESTION IS ANSWERED ACCORDINGLY. QUESTION 4

SECTIONS 3 AND 4 OF THE ACT OF JULY 3, 1942, 56 STAT. 647, ARE AS FOLLOWS:

SEC. 3. THE SECRETARY OF THE NAVY SHALL FIX THE MONEY VALUE OF THE UNIFORMS WHICH MEMBERS OF THE NAVY NURSE CORPS ARE REQUIRED TO HAVE UPON THEIR FIRST APPOINTMENT IN THE NAVY: PROVIDED, THAT HE MAY AUTHORIZE SUCH UNIFORMS TO BE ISSUED IN KIND OR, IN LIEU THEREOF, THAT PAYMENT IN CASH OF THE MONEY VALUE FIXED IN ACCORDANCE WITH THE FOREGOING BE MADE TO MEMBERS SO APPOINTED, FOR THE PURCHASE OF SUCH UNIFORMS;

SEC. 4. IN TIME OF WAR OR WHEN THE SECRETARY OF THE NAVY SHALL DIRECT THE WEARING OF UNIFORMS AT ALL TIMES, HE MAY FIX THE MONEY VALUE OF ADDITIONAL OUTDOOR UNIFORMS WHICH MAY BE ISSUED IN KIND TO ALL MEMBERS OF THE NAVY NURSE CORPS, OR AUTHORIZE PAYMENT IN CASH IN LIEU THEREOF FOR THE PURCHASE OF SUCH OUTDOOR UNIFORMS AS MAY BE PRESCRIBED BY THE UNITED STATES NAVY UNIFORM REGULATIONS: PROVIDED, THAT BUT ONE COMPLETE UNIFORM OUTFIT MAY BE FURNISHED TO A MEMBER OF THE NAVY NURSE CORPS.

PURSUANT TO THE PROVISIONS OF SECTION 3, SUPRA, A UNIFORM ALLOWANCE OF $175 WAS PRESCRIBED FOR PAYMENT TO A NAVY NURSE WHEN APPOINTED OR A NAVAL RESERVE NURSE WHEN FIRST REPORTING FOR ACTIVE DUTY AND, UNDER THE PROVISIONS OF SECTION 4, SUPRA, AN ADDITIONAL ALLOWANCE OF $225 WAS PRESCRIBED FOR PAYMENT TO NAVY NURSES AND NAVAL RESERVE NURSES IN TIME OF WAR, ETC. ARTICLE 54275, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

THE PROVISIONS OF SECTIONS 3 AND 4 OF THE ACT OF JULY 3, 1942, SUPRA, ARE AMONG THE STATUTORY PROVISIONS APPLICABLE TO THE PAY AND ALLOWANCES OF NURSES HOLDING APPOINTMENTS UNDER THE ACT OF MAY 13, 1908, WHICH, LIKE SUCH LATTER ACT, REMAIN IN EFFECT UNTIL OCTOBER 16, 1947. SEE SECTION 213 OF THE ARMY-NAVY NURSES ACT OF 1947, SUPRA. WHILE, AS STATED ABOVE, IT IS IMPROBABLE THAT THE CONGRESS CONTEMPLATED OR INTENDED THAT ANY PERSON WOULD BE INITIALLY APPOINTED AS NURSE AFTER APRIL 16, 1947, UNDER THE PROVISIONS OF THE 1908 ACT, ANY PERSON WHO HAS BEEN SO APPOINTED, OR IS SO APPOINTED PRIOR TO OCTOBER 16, 1947, WOULD COME WITHIN THE PROVISIONS OF THE SAID SECTIONS 3 AND 4 AND ANY RIGHTS WHICH MAY HAVE ACCRUED, OR WHICH MAY ACCRUE, TO SUCH A PERSON UNDER SAID SECTIONS AND THE APPLICABLE REGULATIONS, WOULD NOT BE TAKEN AWAY BECAUSE OF HER SUBSEQUENT COMMISSIONING IN THE NEW NAVY NURSE CORPS CREATED BY THE 1947 ACT. ACCORDINGLY, YOUR FOURTH QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 5

ON THE BASIS OF THE REASONS AND THE CONCLUSIONS STATED ABOVE RESPECTING YOUR THIRD AND FOURTH QUESTIONS, YOUR FIFTH QUESTION IS ANSWERED IN THE NEGATIVE.

QUESTION 6

SECTION 210 OF THE ARMY-NAVY NURSES ACT OF 1947, SUPRA, AMENDS THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, AS AMENDED, BY ADDING A NEW TITLE (TITLE VI) THERETO AND THUS ESTABLISHES A NURSE CORPS RESERVE AS A BRANCH OF THE NAVAL RESERVE. UNDER SUCH TITLE, MEMBERS OF THE NURSE CORPS RESERVE, SO ESTABLISHED, WILL HOLD COMMISSIONS AS OFFICERS AND SUCH RESERVE IS TO BE "ADMINISTERED UNDER THE SAME PROVISIONS IN ALL RESPECTS (EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO THE NURSE CORPS RESERVE, OR AS SPECIFICALLY PROVIDED HERE) AS THOSE CONTAINED IN THIS ACT ( NAVAL RESERVE ACT OF 1938, AS AMENDED) OR WHICH MAY HEREAFTER BE ENACTED WITH RESPECT TO THE VOLUNTEER RESERVE.'

THE VOLUNTEER RESERVE IS A STATUTORY COMPONENT OF THE NAVAL RESERVE ESTABLISHED BY THE NAVAL RESERVE ACT OF 1938, SUPRA, AND MEMBERS OF SUCH VOLUNTEER RESERVE ARE ENTITLED TO UNIFORM ALLOWANCES UNDER THE PROVISIONS OF, AND SUBJECT TO THE CONDITIONS OF, SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1180, 34 U.S.C.A. 855 (A), AS FOLLOWS:

SEC. 302. IN TIME OF PEACE, UPON FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, AFTER ENACTMENT HEREOF, AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, OR AFTER THE AUTHORIZED PERFORMANCE OF FOURTEEN DRILLS, A COMMISSIONED OR WARRANT OFFICER OF THE NAVAL RESERVE SHALL BE PAID A SUM NOT TO EXCEED $100 AS REIMBURSEMENT FOR THE PURCHASE OF THE REQUIRED UNIFORMS, AND THEREAFTER HE SHALL BE PAID AN ADDITIONAL SUM OF $50 FOR THE SAME PURPOSE UPON THE COMPLETION OF EACH PERIOD OF NOT LESS THAN FOUR YEARS IN THE NAVAL RESERVE: PROVIDED, THAT THIS LATTER AMOUNT OF $50 SHALL NOT BECOME DUE ANY OFFICER UNTIL HE HAS COMPLETED NOT LESS THAN ONE HUNDRED AND FIFTY DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTIES AND FIFTY-SIX DAYS' ACTIVE OR TRAINING DUTY, OR SEVENTY-FIVE DRILLS AND EIGHTY-FOUR DAYS' ACTIVE OR TRAINING DUTY, OR ONE HUNDRED TWELVE DAYS' ACTIVE OR TRAINING DUTY: PROVIDED FURTHER, THAT ANY OFFICER WHO HAS HERETOFORE RECEIVED A UNIFORM GRATUITY SHALL NOT BE ENTITLED TO EITHER OF THE ABOVE-MENTIONED SUMS UNTIL THE EXPIRATION OF FOUR YEARS FROM THE DATE OF THE RECEIPT OF THE LAST SUCH GRATUITY: PROVIDED FURTHER, THAT UNIFORMS FOR AVIATION CADETS SHALL BE PROVIDED AS HERETOFORE OR HEREAFTER AUTHORIZED BY LAW: AND PROVIDED FURTHER, THAT IN TIME OF WAR OR NATIONAL EMERGENCY A FURTHER SUM OF $150 FOR THE PURCHASE OF REQUIRED UNIFORMS SHALL BE PAID TO OFFICERS OF THE NAVAL RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY.

IN DECISION OF THIS OFFICE DATED DECEMBER 16, 1942, 22 COMP. GEN. 543, IT WAS HELD THAT (QUOTING THE SYLLABUS):

AN OFFICER WHO WAS COMMISSIONED IN THE MARINE CORPS RESERVE PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942 AND WHO RECEIVED THE UNIFORM GRATUITY OF $150 AUTHORIZED BY SECTION 11 OF THAT ACT IS NOT ENTITLED TO AN ADDITIONAL UNIFORM GRATUITY UNDER THE LAST PROVISO OF SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 UPON BEING ASSIGNED TO ACTIVE DUTY DURING WAR OR NATIONAL EMERGENCY.

IN DECISION DATED DECEMBER 19, 1945, 25 COMP. GEN. 445, IT WAS HELD AS FOLLOWS (QUOTING THE SYLLABUS):

A FORMER NAVAL RESERVE AVIATION CADET COMMISSIONED UPON COMPLETION OF HIS TRAINING, IN THE COAST GUARD RESERVE WHILE THE COAST GUARD IS OPERATING AS PART OF THE NAVY IS ENTITLED, UPON REPORTING FOR ACTIVE DUTY IN THE COAST GUARD TO ONLY SO MUCH OF THE INITIAL WARTIME UNIFORM ALLOWANCE OF $250 PROVIDED GENERALLY FOR COAST GUARD RESERVE OFFICERS BY SECTION 210 OF THE ACT OF FEBRUARY 19, 1941, AS AMENDED, AS DOES NOT EXCEED THE $150 INITIAL UNIFORM ALLOWANCE HE WOULD HAVE RECEIVED, PURSUANT TO SECTION 11 OF THE NAVAL AVIATION CADET ACT OF 1942, AS AMENDED, HAD HE BEEN COMMISSIONED IN THE NAVAL RESERVE.

IN DECISION OF THIS OFFICE DATED DECEMBER 1, 1943, B-37635, HOLDING THAT A PERSON WHO IN 1942 HAD RECEIVED $250 AS UNIFORM ALLOWANCE WHILE AN OFFICER IN THE COAST GUARD RESERVE WAS PRECLUDED, UPON SUBSEQUENT APPOINTMENT AND ENTRANCE ON DUTY AS AN OFFICER OF THE NAVAL RESERVE IN 1943, FROM RECEIVING A LIKE GRATUITY AS AN OFFICER OF THE NAVAL RESERVE, IT WAS STATED:

WHILE THE STATUTORY PROVISIONS CONTAINED IN SECTION 302 OF THE NAVAL RESERVE ACT AND SECTION 210 OF THE COAST GUARD RESERVE ACT, AS AMENDED, FOR THE PAYMENT OF UNIFORM ALLOWANCES TO RESERVE OFFICERS OF THE TWO SERVICES ARE SEPARATE AND DISTINCT FROM EACH OTHER AND NORMALLY ARE FOR SPECIFIC AND EXCLUSIVE APPLICATION WHEN SUCH SERVICES ARE OPERATING SEPARATELY AND APART, IT DOES NOT FOLLOW, WHEN THE COAST GUARD IS OPERATING AS A PART OF THE NAVY, THAT SUCH PROVISIONS ARE TO BE SO CONSTRUED AS TO CONFER BENEFITS IN EXCESS OF THOSE WHICH ACCRUE TO OFFICERS OF THE NAVAL RESERVE WHO MAY HAVE SERVED CONTINUOUSLY ON ACTIVE DUTY DURING THE WAR FOR AN EQUAL OR LONGER PERIOD THAN THE COMBINED SERVICES OF THE COAST GUARD RESERVE OFFICER WHO, THROUGH HIS OWN EFFORTS, HAS SECURED AN APPOINTMENT IN AND SUBSEQUENTLY BECOMES AN OFFICER IN THE NAVAL RESERVE AND WHO BY REASON OF HAVING FIRST REPORTED THEREIN DURING TIME OF WAR MAY LITERALLY MEET THE REQUIREMENTS OF SECTION 302 OF THE NAVAL RESERVE ACT, SUPRA.

IT IS UNDERSTOOD THAT THE UNIFORM OF A COAST GUARD RESERVE OFFICER AND THE UNIFORM OF A NAVAL RESERVE OFFICER ARE PRACTICALLY IDENTICAL, EXCEPT FOR DIFFERENCES IN INSIGNIA. IT REASONABLY APPEARS THAT, WITH MINOR CHANGES, THE UNIFORM OF THE COAST GUARD RESERVE COULD BE WORN BY AN OFFICER OF THE NAVAL RESERVE. UNDER SUCH CIRCUMSTANCES, IT SEEMS TO FOLLOW THAT PAYMENT OF AN ADDITIONAL UNIFORM GRATUITY AS FOR FIRST REPORTING IN TIME OF WAR AS A NAVAL RESERVE OFFICER WOULD BE WITHOUT THE SPIRIT, PURPOSE OR INTENT OF SAID SECTION 302 OF THE NAVAL RESERVE ACT.

THE PRINCIPLES OF THE ABOVE DECISIONS ARE APPLICABLE BY ANALOGY TO THE QUESTION HERE INVOLVED. SEE, ALSO, 25 COMP. GEN. 194; 19 ID. 375; B- 32291, JANUARY 8, 1944; B-25418, AUGUST 14, 1942.

IT WILL BE NOTED THAT SECTION 4 OF THE ACT OF JULY 3, 1942, SUPRA, EXPRESSLY PROVIDES THAT ONLY ONE COMPLETE UNIFORM OUTFIT MAY BE FURNISHED TO A NURSE AND THAT SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, PROVIDES FOR PAYMENT OF THE "PEACETIME" UNIFORM ALLOWANCE OF $100 TO NAVAL RESERVE OFFICERS UPON THEIR FIRST REPORTING FOR ACTIVE OR TRAINING DUTY WITH PAY, ETC., AND THAT THE SAID SECTION 302 FURTHER PROVIDES THAT "IN TIME OF WAR OR NATIONAL EMERGENCY A FURTHER SUM OF $150 FOR THE PURCHASE OF REQUIRED UNIFORMS SHALL BE PAID TO OFFICERS OF THE NAVAL RESERVE WHEN THEY FIRST REPORT FOR ACTIVE DUTY.' IN THIS CONNECTION, SEE DECISION OF FEBRUARY 2, 1942, 21 COMP. GEN. 739, WHEREIN IT WAS HELD THAT (QUOTING THE SYLLABUS):

UPON FIRST REPORTING FOR DUTY IN TIME OF WAR OR NATIONAL EMERGENCY AT A LOCATION WHERE UNIFORMS ARE REQUIRED TO BE WORN, COMMISSIONED AND WARRANT OFFICERS OF THE NAVAL RESERVE WHO HAVE NOT PREVIOUSLY RECEIVED THE $100 PEACETIME UNIFORM ALLOWANCE AUTHORIZED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938 ARE ENTITLED TO THAT ALLOWANCE AS WELL AS TO THE FURTHER SUM OF $150 AUTHORIZED BY THE SAME SECTION FOR THE PURCHASE OF REQUIRED UNIFORMS WHEN FIRST REPORTING FOR ACTIVE DUTY IN TIME OF WAR OR NATIONAL EMERGENCY.

CLEARLY, IT WOULD BE CONTRARY TO THE SPIRIT AND INTENT OF THE PERTINENT STATUTES TO HOLD THAT A RESERVE NURSE OF THE NAVY WHO, WHILE ON ACTIVE DUTY PRIOR TO APRIL 16, 1947, WAS PAID THE FULL (INITIAL AND WARTIME) UNIFORM ALLOWANCES AUTHORIZED BY THE ACT OF JULY 3, 1942, AND THE REGULATIONS ISSUED PURSUANT THERETO (ARTICLE 54275, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL) WOULD, UPON HER RECALL TO ACTIVE DUTY SUBSEQUENT TO APRIL 16, 1947, BECOME ENTITLED TO THE UNIFORM ALLOWANCES WHICH SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, AUTHORIZES TO BE PAID TO OFFICERS OF THE NAVAL RESERVE UPON FIRST REPORTING FOR ACTIVE DUTY. ACCORDINGLY, YOUR SIXTH QUESTION IS ANSWERED IN THE NEGATIVE. CF. B-33046, MAY 7, 1943; B- 33536, APRIL 16, 1943.

QUESTION 7

WHILE THIS QUESTION INVOLVES THE CASE OF A RESERVE NURSE WHO WAS ON ACTIVE DUTY ON APRIL 16, 1947, THE DATE OF ENACTMENT OF THE ARMY-NAVY NURSES ACT OF 1947, AND YOUR SIXTH QUESTION RELATES TO THE CASE OF A RESERVE NURSE WHO WAS ON INACTIVE DUTY ON APRIL 16, 1947, AND WHO WAS RECALLED TO ACTIVE DUTY AFTER THAT DATE, BOTH QUESTIONS INVOLVE ESSENTIALLY THE SAME PROPOSITION. CF. 18 COMP. GEN. 836; 22 ID. 1141. HENCE, BASED ON THE REASONS AND CONCLUSIONS STATED ABOVE RESPECTING YOUR SIXTH QUESTION, YOUR SEVENTH QUESTION IS ANSWERED IN THE NEGATIVE.

QUESTION 8

AS INDICATED ABOVE UNDER QUESTION 6, NURSES OF THE NEW NURSE CORPS RESERVE, ESTABLISHED BY TITLE VI OF THE NAVAL RESERVE ACT OF 1938, AS ADDED BY SECTION 210 OF THE ARMY-NAVY NURSES ACT OF 1947, WILL HOLD COMMISSIONS AS OFFICERS OF THE NAVAL RESERVE AND, AS SUCH COMMISSIONED OFFICERS, THEY ARE ASSIMILATED GENERALLY TO OFFICERS OF THE VOLUNTEER RESERVE OF THE NAVAL RESERVE. WHILE IT WAS CONCLUDED ABOVE THAT SUCH OFFICER-NURSES OF THE NAVAL RESERVE ARE NOT ENTITLED TO THE INITIAL UNIFORM ALLOWANCES AUTHORIZED BY SECTION 302 OF THE NAVAL RESERVE ACT OF 1938, SUPRA, WHEN THEY HAVE RECEIVED INITIAL UNIFORM ALLOWANCES UNDER THE ACT OF JULY 3, 1942, SPECIALLY APPLICABLE TO NURSES, IT WOULD APPEAR THAT UPON BEING COMMISSIONED IN THE NEW NURSE CORPS RESERVE THEY WOULD BECOME ENTITLED TO SUPPLEMENTAL UNIFORM ALLOWANCE PAYMENTS ($50 FOR EACH FOUR YEARS IN THE NAVAL RESERVE) UNDER THE PROVISIONS OF, AND SUBJECT TO THE CONDITIONS OF, THE SAID SECTION 302.

IN DECISION OF AUGUST 20, 1945, 25 COMP. GEN. 194, CITED ABOVE, ONE OF THE QUESTIONS INVOLVED (QUESTION D) AND THE ANSWER THERETO WERE AS FOLLOWS (QUOTING FROM PAGES 198 AND 199):

"/D) A MEMBER OF THE NAVAL RESERVE APPOINTED AN OFFICER AND PAID $250 UNIFORM GRATUITY ON REPORTING FOR ACTIVE DUTY IS SUBSEQUENTLY DISCHARGED FROM THE NAVAL RESERVE TO ACCEPT APPOINTMENT AS AN OFFICER IN THE COAST GUARD RESERVE. IS THE OFFICER ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS UPON COMPLETION OF FOUR YEARS SERVICE INCLUDING BOTH NAVAL RESERVE AND COAST GUARD SERVICE, IF OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET, OR DOES THE $50 UNIFORM GRATUITY BECOME PAYABLE AFTER COMPLETION OF FOUR YEARS SERVICE IN THE COAST GUARD RESERVE? SEE DECISION OF THE COMPTROLLER GENERAL, B 37635, DECEMBER 1, 1943.'

AS THE OFFICER MUST HAVE BEEN PAID THE $250 UNIFORM ALLOWANCE UPON REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE NAVAL RESERVE DURING THE PRESENT EMERGENCY HE WAS NOT ENTITLED TO A SIMILAR ALLOWANCE OF $250 UPON BEING DISCHARGED FROM THE NAVAL RESERVE AND THEREUPON REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE COAST GUARD RESERVE WHILE THE COAST GUARD WAS OPERATING AS A PART OF THE NAVY, SUCH INITIAL ALLOWANCE TO HIM AS AN OFFICER OF THE NAVAL RESERVE BEING REGARDED, UNDER SUCH CIRCUMSTANCES, AS THE EQUIVALENT OF THE INITIAL ALLOWANCE WHICH OTHERWISE WOULD HAVE ACCRUED TO HIM UPON FIRST REPORTING FOR ACTIVE DUTY AS AN OFFICER OF THE COAST GUARD RESERVE. SEE DECISION OF DECEMBER 1, 1943, B-37635, REFERRED TO IN THE QUESTION. SINCE THE INITIAL ALLOWANCE PAID TO HIM AS AN OFFICER OF THE NAVAL RESERVE IS REGARDED AS IN LIEU OF THE INITIAL ALLOWANCE TO WHICH HE OTHERWISE WOULD HAVE BEEN ENTITLED AS AN OFFICER OF THE COAST GUARD RESERVE, IT REASONABLY FOLLOWS THAT THE FORMER ALLOWANCE LIKEWISE IS TO BE REGARDED AS IN LIEU OF THE INITIAL COAST GUARD RESERVE ALLOWANCE IN DETERMINING THE BEGINNING OF THE FOUR-YEAR PERIOD WHICH MUST ELAPSE BEFORE ENTITLEMENT TO THE ADDITIONAL ALLOWANCE OF $50 GRANTED TO OFFICERS OF THE COAST GUARD RESERVE. ON THAT BASIS, QUESTION (D) IS ANSWERED BY SAYING THAT THE OFFICER WOULD BE ENTITLED TO AN ADDITIONAL ALLOWANCE OF $50 FOR UNIFORMS UPON COMPLETION OF FOUR YEARS COMMISSIONED RESERVE SERVICE, INCLUDING BOTH HIS NAVAL RESERVE AND COAST GUARD SERVICE, COMPUTED FROM THE DATE HE BECAME ENTITLED TO THE INITIAL NAVAL RESERVE ALLOWANCE, IF OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET.

APPLYING THE PRINCIPLES OF THAT DECISION, IT WOULD APPEAR THAT THE SERVICE OF RESERVE NURSES OF THE NAVY PRIOR TO APRIL 16, 1947, REASONABLY MAY BE CONSIDERED AS THE EQUIVALENT OF SERVICE IN THE NAVAL RESERVE WITHIN THE MEANING OF SECTION 302, SUPRA, AND THAT THE PURPOSE AND INTENT OF THE PERTINENT STATUTES WILL BE SERVED BY SO CONSIDERING IT. HENCE, IN DETERMINING THE DATE OF ACCRUAL OF THE RIGHT OF ANY OFFICER OF THE NURSE CORPS RESERVE, WHO WAS PAID UNIFORM ALLOWANCE UNDER THE AUTHORITY PROVIDED BY THE ACT OF JULY 3, 1942, TO A SUPPLEMENTAL ($50) PAYMENT OF UNIFORM ALLOWANCE UNDER THE SAID SECTION 302, THE DATE FOLLOWING THE DATE OF ENTITLEMENT TO THE INITIAL UNIFORM ALLOWANCE PAID UNDER THE PROVISIONS OF THE ACT OF JULY 3, 1942, AND REGULATIONS ISSUED PURSUANT THERETO, SHOULD BE CONSIDERED AS THE BEGINNING DATE OF THE FOUR-YEAR PERIOD SPECIFIED IN SECTION 302. YOUR EIGHTH QUESTION IS ANSWERED ACCORDINGLY.

QUESTION 9

IN VIEW OF THE ANSWER TO THE PRECEDING QUESTION, NO ANSWER TO YOUR NINTH QUESTION IS REQUIRED.