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REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT NURSE KATIE M. IS IN PART AS FOLLOWS: EACH COMMISSIONED OFFICER ON THE ACTIVE LIST. THE VALUE OF ONE SUBSISTENCE ALLOWANCE IS HEREBY FIXED AT 70 CENTS PER DAY. * * * NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD OR SEA DUTY. 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 ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS. 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.

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B-28005, OCTOBER 29, 1942, 22 COMP. GEN. 406

RENTAL AND SUBSISTENCE ALLOWANCES - FEMALE NURSES OF THE NAVY UNDER SECTION 13 OF THE PAY READJUSTMENT ACT OF 1942, PROVIDING THAT NURSES SHALL BE ENTITLED TO THE MONEY ALLOWANCES FOR SUBSISTENCE AND FOR RENTAL OF QUARTERS AS ESTABLISHED BY THE ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD, A FEMALE NURSE OF THE NAVY MAY NOT BE PAID INCREASED RENTAL AND SUBSISTENCE ALLOWANCES ON ACCOUNT OF DEPENDENTS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. (JR. GR.) A. H. RICHTER, U.S. NAVY, OCTOBER 29, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 4, 1942, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT NURSE KATIE M. SMITH, U.S. NAVY, WITH INCREASED ALLOWANCES AS WITH DEPENDENTS (MOTHER) FOR THE PERIOD COMMENCING JUNE 1, 1942.

THE SECOND PARAGRAPH OF SECTION 13 OF THE ACT OF JUNE 16, 1942, 56 STAT. 366, PUBLIC LAW 607, THE PAY READJUSTMENT ACT OF 1942, PROVIDES IN PART---

* * * NURSES SHALL BE ENTITLED TO THE MONEY ALLOWANCES FOR SUBSISTENCE AND FOR RENTAL OF QUARTERS AS ESTABLISHED BY SECTIONS 5 AND 6 OF THIS ACT FOR OFFICERS RECEIVING THE PAY OF THE FIRST PERIOD.

SECTION 5, 56 STAT. 361, IS IN PART AS FOLLOWS:

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 * * * PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO TWO SUBSISTENCE ALLOWANCES * * *: PROVIDED, THAT AN OFFICER WITH NO DEPENDENTS SHALL RECEIVE ONE SUBSISTENCE ALLOWANCE IN LIEU OF THE ABOVE ALLOWANCES.

SECTION 6 OF THE ACT PROVIDES IN PART AS FOLLOWS:

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 AN OFFICER HAVING NO DEPENDENTS, RECEIVING THE BASE PAY OF THE FIRST PERIOD THE AMOUNT OF SAID ALLOWANCE SHALL BE $45 PER MONTH, * * *

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD OR SEA DUTY, 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 ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY: PROVIDED, THAT AN OFFICER ALTHOUGH FURNISHED WITH QUARTERS SHALL BE ENTITLED TO RENTAL ALLOWANCE AS AUTHORIZED IN THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.

FOR THE PURPOSES OF SECTIONS 5 AND 6 "DEPENDENTS" ARE DEFINED IN SECTION 4 TO "INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE. 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 SUBMISSION RAISES THE QUESTION WHETHER A NURSE IN THE NURSE CORPS (FEMALE) OF THE NAVY CAN IN ANY CIRCUMSTANCES BE ENTITLED TO ALLOWANCES AS WITH DEPENDENTS UNDER SECTIONS 5 AND 6 OF THE ACT. OFFICERS OF THE ARMED SERVICES ARE MEN, AND SECTION 4 RECOGNIZES DEPENDENTS AS A LAWFUL WIFE, CHILD OR CHILDREN AND THE FATHER OR MOTHER OF THE OFFICER, PROVIDED THAT HE OR SHE IS IN FACT DEPENDENT ON THE PERSON CLAIMING THE ALLOWANCES. THIS RECOGNIZES THAT MEN WILL BECOME THE HEADS OF FAMILIES, THAT THEY MAY HAVE A WIFE AND CHILDREN, AND THAT IN SOME CASES OFFICERS WILL, OF NECESSITY, PROVIDE FOR A FATHER OR MOTHER WHO HAS NO OTHER MEANS OF SUPPORT. OF COURSE, A NURSE (FEMALE) CAN NOT HAVE A LAWFUL WIFE. ONLY IN EXCEPTIONAL AND UNUSUAL CASES WILL A NURSE IN THE NURSE CORPS OF THE NAVY BE THE MOTHER OF A CHILD OR CHILDREN, AND, THEREFORE, FOR PRACTICAL PURPOSES, THE QUESTION IS WHETHER SHE CAN SECURE ADDITIONAL ALLOWANCES IF SHE HAS A FATHER OR MOTHER IN FACT DEPENDENT ON HER FOR HIS OR HER CHIEF SUPPORT. THE PROVISION WAS MADE PRIMARILY FOR OFFICERS WHO ORDINARILY WOULD BE THE HEADS OF FAMILIES AND WHO WOULD REQUIRE THE INCREASED ALLOWANCES, FOR EXAMPLE, THE SUBSISTENCE ALLOWANCE IS INCREASED WHEN THE OFFICER IS DRAWING THE BASE PAY OF THE FOURTH OR FIFTH PERIOD, THAT IS WHEN THE FAMILY USUALLY CONSISTS OF CHILDREN OF HIGH SCHOOL OR COLLEGE AGES AND IS REDUCED WHEN THE OFFICER IS DRAWING THE PAY OF THE SIXTH PERIOD. THE LIMIT OF THE NURSE'S RIGHTS UNDER SECTIONS 5 AND 6 IS TO ALLOWANCES FOR AN OFFICER RECEIVING THE BASE PAY "OF THE FIRST PERIOD.'

BUT NOTWITHSTANDING THE PROVISIONS OF SECTION 5, A NURSE IS NOT ENTITLED AT ALL TIMES TO A SUBSISTENCE ALLOWANCE, AS PROVISION IS MADE IN THE ANNUAL APPROPRIATION ACT FOR THE NAVY (SEE ACT OF FEBRUARY 7, 1942, 56 STAT. 53, PUBLIC LAW 441, FOR THE FISCAL YEAR 1943) UNDER " SUBSISTENCE OF NAVAL PERSONNEL" WHERE THERE IS AN APPROPRIATION FOR "SUBSISTENCE IN KIND AT HOSPITALS AND ON BOARD SHIP IN LIEU OF SUBSISTENCE ALLOWANCE OF FEMALE NURSES.' UNDER EXISTING LAW, IF A NURSE WERE HELD TO BE ENTITLED BECAUSE OF HAVING DEPENDENTS TO TWO SUBSISTENCE ALLOWANCES SHE WOULD BE ENTITLED TO NONE WHEN ON DUTY AT HOSPITALS OR ON BOARD SHIPS, WHERE SHE IS SUBSISTED IN KIND IN LIEU OF SUBSISTENCE ALLOWANCE, AND AN APPARENT DISCRIMINATION WOULD RESULT AS BETWEEN A NURSE WITH DEPENDENTS AND ONE WITHOUT DEPENDENTS.

THE RENTAL ALLOWANCE PROVIDED IN SECTION 6 IS A PAYMENT TO SECURE QUARTERS WHEN QUARTERS IN KIND ARE NOT FURNISHED. IT WAS HELD BY THE COURT OF CLAIMS IN THE CASE OF JONES V. UNITED STATES, 60 C.1CLS. 552, DECIDED APRIL 13, 1925, THAT SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, MADE NO CHANGE IN THE MATTER OF QUARTERS FOR OFFICERS OF THE ARMY, THAT THEY ARE FURNISHED QUARTERS TO ENABLE THEM TO PERFORM THEIR DUTIES AND THAT WHERE THEY ARE NOT FURNISHED SUCH QUARTERS BUT ARE PAID RENTAL ALLOWANCE IT IS NOT TO BE TREATED AS INCOME FOR THE PURPOSE OF INCOME TAXES. THE COURT REMARKED AT PAGE 568, THAT:

AS LONG AS WE HAVE HAD AN ARMY, OFFICERS OF THE ARMY HAVE NOT ONLY BEEN PERMITTED BUT COMPELLED TO OCCUPY PUBLIC QUARTERS WHEN THE SAME WERE AVAILABLE. * * * AND IN RESPONSE TO THE DEFENDANT'S CONTENTION THAT THE PROVISION FOR RENTAL "REVOLUTIONIZED THE SUBJECT OF COMMUTATION OF QUARTERS" THAT " CONGRESS, BY THIS LEGISLATION, MADE COMMUTATION THE PRIMARY, AND QUARTERS IN KIND THE SECONDARY, RIGHT OF THE OFFICERS" REMARKED (PAGE 573/---

* * * WE CONFESS SOME DIFFICULTY IN APPREHENDING THE FORCE OF THE CONTENTION. IF IT IS MEANT TO ASSERT THAT AN OFFICER MAY CHOOSE BETWEEN AN ACCEPTANCE OF COMMUTATION OR QUARTERS IN KIND, THE ERROR IS OBVIOUS. THE OFFICER HAS NO SUCH CHOICE. AS A MATTER OF FACT, THE LEGISLATION REFERRED TO IN NO WAY REVERSES THE FUNDAMENTAL PRINCIPLE ORIGINALLY PROVIDED FOR IN ARMY REGULATIONS AND SUBSEQUENTLY ADOPTED BY CONGRESS, THAT TREATED AS DUE AN OFFICER OF THE ARMY PROPER QUARTERS IN WHICH TO LIVE WITH HIS DEPENDENTS IN ORDER TO DISCHARGE HIS MILITARY DUTIES. * *

THE RIGHT OF OFFICERS IN THE ARMY TO QUARTERS IN KIND IS CONTAINED IN THE ACT OF MARCH 2, 1907, 34 STAT. 1168, 10 U.S.C. 728, WHICH, AS CODIFIED, PROVIDES:

AT ALL POSTS AND STATIONS WHERE THERE ARE PUBLIC QUARTERS BELONGING TO THE UNITED STATES OFFICERS MAY BE FURNISHED WITH QUARTERS IN KIND IN SUCH PUBLIC QUARTERS, AND NOT ELSEWHERE, BY THE QUARTERMASTER CORPS,ASSIGNING TO THE OFFICERS OF EACH GRADE, RESPECTIVELY, SUCH NUMBER OF ROOMS AS IS STATED IN THE FOLLOWING TABLE, NAMELY: SECOND LIEUTENANTS, TWO ROOMS; FIRST LIEUTENANTS, THREE ROOMS; CAPTAINS, FOUR ROOMS; MAJORS, FIVE ROOMS; LIEUTENANT COLONELS, SIX ROOMS; COLONELS, SEVEN ROOMS; BRIGADIER GENERALS, EIGHT ROOMS; MAJOR GENERALS, NINE ROOMS; LIEUTENANT GENERAL, TEN ROOMS.

OFFICERS OF THE NAVY WERE ASSIMILATED TO ARMY OFFICERS AS TO RIGHT TO QUARTERS, OR AT LEAST TO COMMUTATION THEREFOR FOR THE NUMBER OF ROOMS INDICATED ABOVE, UNDER THE ACT OF MARCH 3, 1899, 30 STAT. 1007. SEE 24 COMP. DEC. 610. THESE ARE THE QUARTERS AUTHORIZED BY LAW FOR OFFICERS, AND THE PROVISION IN SECTION 6 IS TO GIVE RENTAL ALLOWANCE WHEN ON DUTY WHERE THERE ARE NO PUBLIC QUARTERS WHICH MAY BE ASSIGNED TO THE OFFICER. BUT NURSES ARE NOT MENTIONED IN THE ACT OF 1907. IT MAY BE WELL, THEREFORE TO ASCERTAIN WHAT QUARTERS ARE AUTHORIZED FOR NURSES, FEMALE, OF THE NAVY. THE ACT OF MAY 13, 1908, 35 STAT. 146, ESTABLISHED THE NURSES CORPS (FEMALE) OF THE UNITED STATES NAVY, AND PROVIDED:

* * * THE SUPERINTENDENT, CHIEF NURSES, AND NURSES SHALL RESPECTIVELY RECEIVE THE SAME PAY, ALLOWANCES, EMOLUMENTS, AND PRIVILEGES AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE NURSE CORPS (FEMALE) OF THE ARMY.

AT THAT TIME THE PROVISION OF LAW APPLICABLE TO THE NURSE CORPS (FEMALE) OF THE ARMY WAS CONTAINED IN SECTION 19 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT. 753, AND, AMONG OTHER MATTERS, PROVISION WAS MADE THAT "THEY SHALL BE ENTITLED TO QUARTERS, SUBSISTENCE AND MEDICAL ATTENDANCE DURING ILLNESS

SECTION 19 OF THE ACT OF 1901 WAS SUPERSEDED BY CHAPTER V OF THE ACT OF JULY 9, 1918, 40 STAT. 879, SECTION 6 OF THAT CHAPTER PROVIDING:

THAT MEMBERS OF SAID NURSE CORPS SHALL RECEIVE TRANSPORTATION AND NECESSARY EXPENSES WHEN TRAVELING UNDER ORDERS, AND SUCH ALLOWANCES OF QUARTERS AND SUBSISTENCE AND, DURING ILLNESS, SUCH MEDICAL CARE AS MAY BE PRESCRIBED IN REGULATIONS BY THE SECRETARY OF WAR; AND WHEN AT PLACES WHERE NO PUBLIC QUARTERS ARE AVAILABLE, COMMUTATION IN LIEU THEREOF, AND OF HEAT AND LIGHT THEREFOR AT SUCH RATES AND UPON SUCH CONDITIONS AS ARE NOW OR SHALL HEREAFTER BE PROVIDED BY LAW.

AS TO NAVY NURSES, THE ACT OF JUNE 24, 1910, 36 STAT. 606, HAD PROVIDED:

THE SECRETARY OF THE NAVY IS AUTHORIZED, IN HIS DISCRETION, TO ALLOW MEMBERS OF THE NURSE CORPS (FEMALE) OF THE NAVY FIFTEEN DOLLARS PER MONTH IN LIEU OF QUARTERS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE * * *

THE ACT OF MARCH 4, 1915, 38 STAT. 1069, AS TO THE ARMY, PROVIDED:

THAT HEREAFTER, AT PLACES WHERE THERE ARE NO PUBLIC QUARTERS AVAILABLE, COMMUTATION FOR THE AUTHORIZED ALLOWANCE THEREFOR SHALL BE PAID TO * * * MEMBERS OF THE NURSE CORPS * * * AT THE RATE OF $12 PER ROOM PER MONTH * *

PARAGRAPH 1045 OF ARMY REGULATIONS, 1913, HAD PROVIDED FOR NURSES ON DUTY WHEN PUBLIC QUARTERS WERE NOT AVAILABLE THE FURNISHING OF TWO ROOMS "TO BE PROVIDED BY THE QUARTERMASTER CORPS," APPARENTLY BY RENTING. IT WAS AMENDED BY C.A.R. NO. 28, DATED JUNE 24, 1915, TO PROVIDE:

WHEN ON DETACHED SERVICE OR ASSIGNED TO SPECIAL DUTY IN PLACES WHERE THERE ARE NO PUBLIC QUARTERS AVAILABLE THE ALLOWANCE OF QUARTERS FOR EACH MEMBER OF THE NURSE CORPS IS FIXED AT TWO ROOMS, ON WHICH BASIS COMMUTATION OF QUARTERS WILL BE PAID. * * *

NOTWITHSTANDING THIS PROVISION, PARAGRAPH 80 OF THE MANUAL OF THE MEDICAL DEPARTMENT OF THE ARMY PROVIDED THAT "WHEN PRACTICABLE" THERE WOULD BE ASSIGNED "A SEPARATE BEDROOM FOR EACH NURSE AND CHIEF NURSE" IN ADDITION TO ROOMS USED IN COMMON INCLUSIVE OF ONE DINING ROOM, ONE KITCHEN AND ONE SITTING ROOM. AFTER THE ACT OF 1915, QUOTED ABOVE, THE URGENT DEFICIENCY ACT OF JUNE 15, 1917, UNDER THE HEADING " NAVAL ESTABLISHMENT," 40 STAT. 209, CONTAINED A PROVISION THAT "MEMBERS OF THE NURSE CORPS (FEMALE) * * * SHALL HEREAFTER BE PAID THE SAME COMMUTATION AS IS OR MAY BE ALLOWED MEMBERS OF THE NURSE CORPS OF THE ARMY.'

UNDER THESE STATUTES PROVISION WAS MADE FOR COMMUTATION OF QUARTERS, BUT THE BASIC PROVISION AS TO PUBLIC QUARTERS IS THAT CONTAINED IN THE ACT OF JULY 9, 1918, TO THE EFFECT THAT THEY SHALL BE ENTITLED TO "SUCH ALLOWANCES OF QUARTERS * * * AS MAY BE PRESCRIBED IN REGULATIONS BY THE SECRETARY OF WAR" AND THIS HAS NOT BEEN CHANGED BY ANY OTHER LAW. GENERALLY, IT IS KNOWN THAT NURSES' QUARTERS ARE PROVIDED AT ALL SERVICE HOSPITALS. PARAGRAPH 12 OF ARMY REGULATIONS 40/20 OF AUGUST 15, 1942, PROVIDES AS TO NURSES:

A. QUARTERS IN KIND.--- THE ALLOWANCE OF QUARTERS WHERE QUARTERS IN KIND ARE AVAILABLE WILL INCLUDE, WHEN PRACTICABLE, 1 DINING ROOM, 1 KITCHEN, 1 SITTING ROOM, AND THE NECESSARY TOILET AND UTILITY ROOMS, FOR THE COMMON USE OF ALL NURSES, AND A SEPARATE BEDROOM FOR EACH NURSE; ALSO AN OFFICE, AND A SEPARATE SITTING ROOM AND BATHROOM FOR THE PRINCIPAL CHIEF NURSE.

PARAGRAPH 419 OF THE MANUAL OF THE MEDICAL DEPARTMENT OF THE UNITED STATES NAVY, 1939, IS AS FOLLOWS:

QUARTERS.--- (A) WHEN ON DUTY IN HOSPITALS, OR WHERE NURSES' BUILDINGS HAVE BEEN PROVIDED, SUCH QUARTERS AS MAY BE AVAILABLE WILL BE PROVIDED FOR THE USE OF MEMBERS OF THE NURSE CORPS, IN WHICH CASE HEAT AND LIGHT WILL BE SUPPLIED AS MAY BE NECESSARY; TO BE REGULATED BY THE COMMANDING OFFICER.

(B) WHEN PRACTICABLE THE ALLOWANCE OF QUARTERS FOR NURSES ON DUTY AT A NAVAL HOSPITAL WILL INCLUDE ONE DINING ROOM, ONE KITCHEN, ONE SITTING ROOM, AND THE NECESSARY TOILETS AND BATHROOMS FOR THE USE IN COMMON OF ALL THE NURSES, WITH A SEPARATE BEDROOM FOR EACH NURSE AND FOR THE CHIEF NURSE. AT HOSPITALS WHERE MORE THAN FIVE NURSES ARE STATIONED, AN OFFICE AND A SEPARATE BATHROOM AND SITTING ROOM SHOULD, WHEN PRACTICABLE, BE PROVIDED FOR THE CHIEF NURSE. THE RIGHTS TO QUARTERS IN KIND ARE AS PROVIDED BY REGULATIONS AND THE REGULATIONS PROVIDE ONLY FOR QUARTERS IN KIND FOR THE NURSE HERSELF, NO PUBLIC QUARTERS IN KIND ARE AUTHORIZED TO BE FURNISHED TO THE NURSE FOR OCCUPANCY BY HER DEPENDENTS. NOR DO THE REGULATIONS CONTEMPLATE THAT A NURSE WILL HAVE DEPENDENTS. FOR EXAMPLE, ARMY REGULATIONS 40/20, PARAGRAPH 3 (E) ENTITLED " ORIGINAL APPOINTMENT" PROVIDES:

(2) THE APPLICANT MUST BE A GRADUATE OF AN ACCREDITED HIGH SCHOOL OR HAVE AN EDUCATION EQUIVALENT THERETO, UNMARRIED, A REGISTERED NURSE, AND A CITIZEN OF THE UNITED STATES.

(3) AGE REQUIREMENTS.

(A) IN GRADE OF NURSE BETWEEN 22 AND 30 YEARS.

(B) IN GRADE OF RESERVE NURSE BETWEEN 21 AND 40 YEARS.

PARAGRAPH 342 OF THE MANUAL OF THE MEDICAL DEPARTMENT, UNITED STATES NAVY, PROVIDES:

GENERAL REQUIREMENTS FOR APPOINTMENT.--- (A) AN APPLICANT FOR APPOINTMENT IN THE NAVY NURSE CORPS MUST BE SINGLE AND A CITIZEN OF THE UNITED STATES. SHE MUST BE A REGISTERED NURSE, SHE MUST HAVE BEEN GRADUATED FROM A SCHOOL OF NURSING, THE EDUCATIONAL AND PROFESSIONAL STANDARDS OF WHICH ARE APPROVED BY THE SURGEON GENERAL OF THE NAVY.

(B) AN APPLICANT FOR APPOINTMENT AS NURSE, UNITED STATES NAVY, MUST BE BETWEEN THE AGES OF 22 AND 28. AN APPLICANT FOR APPOINTMENT AS RESERVE NURSE, UNITED STATES NAVY, MUST BE BETWEEN THE AGES OF 22 AND 45.

THE RENTAL ALLOWANCE IS PROVIDED FOR OFFICERS IN LIEU OF THE PUBLIC QUARTERS THAT MAY BE ASSIGNED FOR THEIR OCCUPANCY. THAT IS NOT ENTIRELY TRUE OF A NURSE. THE COMMUTED VALUE OF QUARTERS FOR A NURSE HAS BEEN BASED UPON A NUMBER OF ROOMS THAT WOULD NOT BE ASSIGNED FOR HER EXCLUSIVE USE IN KIND IN PUBLIC QUARTERS. AND THE PROVISIONS IN THE PRESENT LAW, SO FAR AS NURSES ARE CONCERNED, WERE DESIGNED TO GIVE A SIMILAR COMMUTED VALUE FOR SUBSISTENCE AND QUARTERS FOR NURSES WHEN ON DUTY AT A PLACE WHERE PUBLIC QUARTERS ARE NOT ASSIGNED HER AND SUBSISTENCE IS NOT FURNISHED. SHE IS NOT ENTITLED TO QUARTERS FOR HERSELF AND DEPENDENTS, BUT IS ENTITLED ONLY TO QUARTERS FOR HERSELF ALONE, AND WHEN SHE IS FURNISHED THESE QUARTERS SHE IS FURNISHED ALL THAT IS AUTHORIZED TO BE FURNISHED TO HER. HER APPOINTMENT, DUTIES, AND SEX NEGATIVE AN ALLOWANCE FOR DEPENDENTS FOR WHOM PUBLIC QUARTERS WILL NOT BE PROVIDED. THE POLICY LONG FOLLOWED IN BOTH SERVICES IS THAT A NURSE WHO MARRIES WILL BE SEPARATED FROM THE SERVICE. BY CIRCULAR 317 OF SEPTEMBER 17, 1942, THE WAR DEPARTMENT HAS ANNOUNCED A MODIFICATION, DURING THE PRESENT WAR, OF THIS POLICY, PARAGRAPH 4 OF THE CIRCULAR PROVIDING:

EFFECTIVE OCTOBER 1, 1942, A MEMBER OF THE ARMY NURSE CORPS WHO MARRIES WILL, AT THE DISCRETION OF THE SURGEON GENERAL, BE CONTINUED IN ACTIVE SERVICE FOR THE DURATION OF THE PRESENT EMERGENCY AND FOR 6 MONTHS THEREAFTER OR UNTIL SUCH TIME AS SHE IS FOUND PHYSICALLY DISQUALIFIED FOR FURTHER ACTIVE MILITARY SERVICE. AN ARMY NURSE SO CONTINUED IN SERVICE WILL BE ASSIGNED TO DUTY AS THE NEEDS OF THE SERVICE REQUIRE.

IT WILL THUS BE SEEN THAT THE NURSE'S APPOINTMENT AND TENURE OF POSITION ARE SOMEWHAT DIFFERENT FROM THAT OF AN OFFICER. IT IS APPARENT, WHEN THE BASIS AND CONDITIONS FOR APPOINTMENT AND CONTINUANCE IN THE SERVICE OF A NURSE ARE CONSIDERED, THAT IN AUTHORIZING ALLOWANCES AS PROVIDED FOR OFFICERS OF THE FIRST PAY PERIOD IN SECTIONS 5 AND 6 OF THE ACT, NO ONE CONSIDERED OR CONTEMPLATED THAT A NURSE WOULD RECEIVE THESE ALLOWANCES FOR DEPENDENTS. THE PROVISIONS ARE IN FACT TO SECURE HER THE ONE SUBSISTENCE ALLOWANCE, UNLESS SHE IS PROVIDED WITH SUBSISTENCE, AND THE RENTAL ALLOWANCE WHEN ON DUTY WHERE SHE IS NOT FURNISHED PUBLIC QUARTERS FOR HER OWN USE. THERE WAS NO INTENT TO AUTHORIZE INCREASED ALLOWANCES IF THE NURSE HAS DEPENDENTS FOR WHOM SHE COULD NOT IN ANY CIRCUMSTANCES SECURE ASSIGNMENT OF PUBLIC QUARTERS FOR THEIR OCCUPANCY.

ACCORDINGLY, YOU ARE INFORMED THAT PAYMENT ON THE VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THE FILES OF THIS OFFICE.

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