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PERMANENT CHANGE OF STATION" AS THAT TERM IS USED IN PARAGRAPH 5 OF SAID SECTION. NURSE OR ENLISTED MAN" DOES NOT ENLARGE OR CHANGE THE EXPRESS DESIGNATION IN PARAGRAPH 5 OF THE PERSONNEL WHO ARE ENTITLED TO SUCH BENEFITS. NAVY NURSES ARE NOT ENTITLED TO THE TRANSPORTATION FOR DEPENDENTS AUTHORIZED BY PARAGRAPH 5. AS FOLLOWS: THERE IS ENCLOSED HEREWITH A LETTER FROM THE CHIEF OF NAVAL PERSONNEL. YOUR DECISION IS REQUESTED ON THE SPECIFIC QUESTIONS SET FORTH IN PARAGRAPH 4 OF THE ENCLOSURE. AS TO (1) THE SPECIFIC CLASSES OF PERSONNEL AND THE CONDITIONS UNDER WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED UNDER THE TERMS OF PARAGRAPH 8 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942.

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B-29267, JANUARY 12, 1943, 22 COMP. GEN. 645

TRANSPORTATION - DEPENDENTS - NURSES AND OTHER MILITARY AND NAVAL PERSONNEL PARAGRAPH 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 MERELY DEFINES THE WORDS ,PERMANENT CHANGE OF STATION" AS THAT TERM IS USED IN PARAGRAPH 5 OF SAID SECTION, REENACTING, IN SUBSTANCE, THE PRIOR LAWS AUTHORIZING TRANSPORTATION AT GOVERNMENT EXPENSE FOR DEPENDENTS OF CERTAIN CLASSES OF MILITARY AND NAVAL PERSONNEL, AND DOES NOT EXTEND SUCH BENEFITS TO OTHER THAN THOSE PERSONS ENTITLED TO TRANSPORTATION FOR DEPENDENTS UNDER THE PRIOR LAWS, EXCEPT IN THE CASE OF TRANSFERS TO RESERVE COMPONENTS. PARAGRAPH 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 WHICH PROVIDES THAT THE WORDS ,PERMANENT CHANGE OF STATION" APPEARING IN PARAGRAPH 5 OF SAID SECTION IN CONNECTION WITH THE TRANSPORTATION AT GOVERNMENT EXPENSE FOR DEPENDENTS OF "ANY OFFICER, WARRANT OFFICER OR ENLISTED MAN ABOVE THE FOURTH GRADE" SHALL INCLUDE CHANGES FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME OF "ANY OFFICER, WARRANT OFFICER, NURSE OR ENLISTED MAN" DOES NOT ENLARGE OR CHANGE THE EXPRESS DESIGNATION IN PARAGRAPH 5 OF THE PERSONNEL WHO ARE ENTITLED TO SUCH BENEFITS, AND, THEREFORE, ALTHOUGH THE TERM "NURSE" APPEARS IN PARAGRAPH 6, NAVY NURSES ARE NOT ENTITLED TO THE TRANSPORTATION FOR DEPENDENTS AUTHORIZED BY PARAGRAPH 5.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JANUARY 12, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 26, 1942, AS FOLLOWS:

THERE IS ENCLOSED HEREWITH A LETTER FROM THE CHIEF OF NAVAL PERSONNEL, NAVY DEPARTMENT, DATED SEPTEMBER 23, 1942, RELATIVE TO THE MATTER OF TRANSPORTATION OF DEPENDENTS OF NAVAL PERSONNEL AS AUTHORIZED UNDER PARAGRAPH 8 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, APPROVED JUNE 16, 1942 ( PUBLIC LAW NO. 607---77TH CONGRESS).

YOUR DECISION IS REQUESTED ON THE SPECIFIC QUESTIONS SET FORTH IN PARAGRAPH 4 OF THE ENCLOSURE, AS TO (1) THE SPECIFIC CLASSES OF PERSONNEL AND THE CONDITIONS UNDER WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED UNDER THE TERMS OF PARAGRAPH 8 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942; (2) WHETHER OR NOT TRANSPORTATION FOR THE DEPENDENTS OF NURSES IS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8 OF SAID SECTION 12; AND (3) IF TRANSPORTATION FOR DEPENDENTS OF NURSES IS AUTHORIZED, WHETHER SUCH TRANSPORTATION IS ONLY AUTHORIZED WHEN NURSES ARE FIRST ORDERED TO DUTY AND WHEN THEY ARE DISCHARGED OR RELEASED WITHOUT ANY TRANSPORTATION BEING PROVIDED ON A PERMANENT CHANGE OF STATION WHILE THEY ARE ON ACTIVE DUTY.

THE LETTER FROM THE CHIEF OF NAVAL PERSONNEL READS:

1. THE ACT OF OCTOBER 30, 1941, PUBLIC NO. 287, AUTHORIZED TRANSPORTATION OF DEPENDENTS OF CERTAIN PERSONNEL OF THE NAVAL RESERVE AND RETIRED PERSONNEL WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE FROM SUCH DUTY. THE PROVISIONS OF THIS ACT ARE SPECIFICALLY LIMITED TO THE GRADES OF RESERVE PERSONNEL AND RETIRED PERSONNEL ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY OR MARINE CORPS AND THEN, ONLY WHEN ORDERED TO ACTIVE DUTY OR UPON RELEASE.

2. PARAGRAPH 6 OF SECTION 12 OF THE ACT APPROVED JUNE 16, 1942, PUBLIC NO. 607, PROVIDES:

"THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.'

3. IT WILL BE NOTED THAT THIS PARAGRAPH INCLUDES "NURSES" AND INDICATES THAT PERSONNEL OF GRADES ENTITLING THEM TO TRANSPORTATION OF DEPENDENTS OF THE REGULAR NAVY AS WELL AS THE NAVAL RESERVE AND THE RETIRED LIST ARE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WITHOUT REGARD TO WHETHER OR NOT SUCH TRAVEL MAY BE INCIDENT TO FIRST ASSIGNMENT TO DUTY AFTER ENLISTMENT, FIRST ASSIGNMENT TO DUTY AFTER RECEIVING A COMMISSION, OR FROM SEPARATION FROM THE SERVICE OF THE SAME PERSONNEL FOR ANY CAUSE.

4. IT IS REQUESTED THAT THE COMPTROLLER GENERAL BE REQUESTED TO MAKE A DETAILED INTERPRETATION OF PARAGRAPH 6, SECTION 12 OF THE ACT APPROVED JUNE 16, 1942, STATING SPECIFICALLY THE CLASSES OF PERSONNEL AND THE CONDITIONS UNDER WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AND ALSO WHETHER OR NOT THIS PARAGRAPH AUTHORIZES TRANSPORTATION OF DEPENDENTS OF NURSES, AND, IF SO, WHETHER SUCH TRANSPORTATION IS ONLY AUTHORIZED WHEN THEY ARE FIRST ORDERED TO DUTY AND THEN WHEN THEY ARE DISCHARGED OR RELEASED WITHOUT ANY TRANSPORTATION BEING PROVIDED ON A PERMANENT CHANGE OF STATION WHILE THEY ARE ON ACTIVE DUTY.

WHILE THE QUESTIONS STATED IN YOUR LETTER REFER TO TRANSPORTATION OF DEPENDENTS AUTHORIZED UNDER THE TERMS OF PARAGRAPH 8 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, THE QUESTIONS WILL BE CONSIDERED AS REFERRING TO PARAGRAPH 6 OF SUCH SECTION AS STATED IN THE QUESTIONS OUTLINED BY THE CHIEF OF NAVAL PERSONNEL, PARAGRAPH 8 OF THE SECTION HAVING REFERENCE TO THE DETERMINATION OF WHAT SHALL CONSTITUTE A TRAVEL STATUS AND TRAVEL WITHOUT TROOPS.

PARAGRAPHS 5 AND 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, PUBLIC LAW 607, APPROVED JUNE 16, 1942, ARE AS FOLLOWS:

WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE, HAVING DEPENDENTS AS DEFINED IN SECTION 4 HEREOF, IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, THE UNITED STATES SHALL FURNISH TRANSPORTATION IN KIND FROM FUNDS APPROPRIATED FOR THE TRANSPORTATION OF THE ARMY, THE NAVY, THE MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE TO HIS NEW STATION FOR SUCH DEPENDENTS: PROVIDED, THAT FOR PERSONS IN THE NAVAL SERVICE THE TERM "PERMANENT STATION" AS USED IN THIS SECTION SHALL BE INTERPRETED TO MEAN A SHORE STATION OR THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH THE PERSON CONCERNED MAY BE ORDERED; AND A DULY AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF SUCH VESSEL SHALL BE DEEMED A CHANGE OF STATION: PROVIDED FURTHER, THAT IF THE COST OF SUCH TRANSPORTATION EXCEEDS THAT FOR TRANSPORTATION FROM THE OLD TO THE NEW STATION, THE EXCESS COST SHALL BE PAID TO THE UNITED STATES BY THE OFFICER, WARRANT OFFICER, OR ENLISTED MAN CONCERNED: PROVIDED FURTHER, THAT TRANSPORTATION SUPPLIED THE DEPENDENTS OF SUCH OFFICER, WARRANT OFFICER, OR ENLISTED MAN, TO OR FROM STATIONS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, SHALL NOT BE OTHER THAN BY GOVERNMENT TRANSPORT, IF SUCH TRANSPORTATION IS AVAILABLE AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED: PROVIDED FURTHER, THAT THE PERSONNEL OF ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS: AND PROVIDED FURTHER, THAT IN LIEU OF TRANSPORTATION IN KIND AUTHORIZED BY THIS SECTION FOR DEPENDENTS, THE PRESIDENT MAY AUTHORIZE THE PAYMENT IN MONEY OF AMOUNTS EQUAL TO SUCH COMMERCIAL TRANSPORTATION COSTS FOR THE WHOLE OR SUCH PART OF THE TRAVEL FOR WHICH TRANSPORTATION IN KIND IS NOT FURNISHED WHEN SUCH TRAVEL SHALL HAVE BEEN COMPLETED.

THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THIS SECTION SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING DUTY, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RETIRED PERSONNEL AND MEMBERS OF THE RESERVE COMPONENTS THEREOF, IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE, AND THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT.

PRIOR TO THE ENACTMENT OF THE ABOVE-QUOTED PROVISIONS, TRANSPORTATION IN KIND FOR DEPENDENTS OF OFFICERS OR ENLISTED MEN OF THE NAVY OR PAYMENT OF THE COMMERCIAL COST OF SUCH TRANSPORTATION AFTER TRAVEL SHALL HAVE BEEN COMPLETED BY THE DEPENDENTS, WHEN SUCH OFFICERS AND ENLISTED MEN WERE ORDERED TO MAKE A PERMANENT CHANGE OF STATION, WAS AUTHORIZED BY SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631. PARAGRAPH 5 OF SECTION 12 OF THE PRESENT LAW IS, IN SUBSTANCE, A REENACTMENT OF THOSE PROVISIONS.

BY SECTION 3 OF THE ACT OF JUNE 24, 1935, 49 STAT. 421, IT WAS PROVIDED THAT THE WORDS ,PERMANENT CHANGE OF STATION" AS USED IN SECTION 12 OF THE ACT OF MAY 18, 1920, SHALL BE HELD TO INCLUDE THE HOME OF AN OFFICER OR MAN TO WHICH HE IS ORDERED IN CONNECTION WITH RETIREMENT. SECTION 2 OF THE ACT OF OCTOBER 30, 1941, 55 STAT. 759, PROVIDES:

SEC. 2. OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE AND MARINE CORPS RESERVE AND RETIRED OFFICERS AND ENLISTED MEN OF THE NAVY AND MARINE CORPS (OF GRADES ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY OR MARINE CORPS) WHO WERE ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING DUTY) ON OR AFTER SEPTEMBER 8, 1939, AND WHO REPORTED FOR DUTY UNDER SUCH ORDERS, SHALL BE ENTITLED TO TRANSPORTATION FOR THEIR DEPENDENTS TO THE PLACE OF REPORTING FOR ACTIVE DUTY.

THE NAVAL APPROPRIATION ACT, 1943, PUBLIC LAW 441, APPROVED FEBRUARY 7, 1942, 56 STAT. 63, APPROPRIATED FUNDS UNDER THE HEADING BUREAU OF SUPPLIES AND ACCOUNTS, FOR, INTER ALIA---

* * * TRANSPORTATION OF DEPENDENTS OF OFFICERS AND ENLISTED MEN, INCLUDING THOSE OF RETIRED AND RESERVE OFFICERS, AND OF RETIRED AND RESERVE ENLISTED MEN OF GRADES ENTITLED TO TRANSPORTATION FOR DEPENDENTS IN THE REGULAR NAVY, WHEN ORDERED TO ACTIVE DUTY (OTHER THAN TRAINING) AND UPON RELEASE THEREFROM. * * * THE SAME PROVISION WAS CONTAINED IN THE NAVAL APPROPRIATION ACT, 1942, 55 STAT. 151, 160.

THE MILITARY APPROPRIATION ACT, 1942, 55 STAT. 366, 370, MAKES FUNDS AVAILABLE FOR:

* * * TRANSPORTATION, OR REIMBURSEMENT THEREFOR, OF * * * DEPENDENTS OF MILITARY PERSONNEL, INCLUDING DEPENDENTS (AS NOW AUTHORIZED BY LAW FOR PERSONNEL OF THE REGULAR ARMY) OR PERSONNEL OF THE NATIONAL GUARD WHILE IN THE SERVICE OF THE UNITED STATES AND OF THE OFFICERS' RESERVE CORPS AND THE ENLISTED RESERVE CORPS ORDERED TO ACTIVE DUTY FOR PERIODS IN EXCESS OF SIXTY-ONE DAYS, AND DEPENDENTS OF RETIRED OFFICERS, WARRANT OFFICERS AND ENLISTED MEN OF THE FIRST THREE GRADES, AND DEPENDENTS OF ENLISTED MEN OF THE FIRST THREE GRADES OF THE REGULAR ARMY RESERVE ORDERED TO ACTIVE DUTY AND UPON RELIEF THEREFROM; * * *

SECTION 4 (A) OF THE ACT OF JUNE 5, 1942, 56 STAT. 315, PUBLIC LAW 580, IS AS FOLLOWS:

THAT ANY FUNDS AVAILABLE FOR THE PAYMENT OF TRAVEL ALLOWANCES TRAVEL IN KIND, SHALL BE AVAILABLE FOR THE PAYMENT OF SUCH ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR DEPENDENTS OF PERSONNEL OF THE REGULAR ARMY, FOR TRAVEL OF DEPENDENTS OF PERSONNEL OF CORRESPONDING GRADES IN THE ARMY OF THE UNITED STATES WHILE IN THE SERVICE OF THE UNITED STATES, AND FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO OR RELIEVED FROM ACTIVE DUTY: PROVIDED, THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE APPLICABLE TO TRAVEL PERFORMED BY DEPENDENTS ON AND AFTER SEPTEMBER 8, 1939. IT APPEARS THAT THE TRANSPORTATION AUTHORIZED BY THESE VARIOUS PROVISIONS IS NOW INCLUDED IN PARAGRAPH 6 OF SECTION 12 OF THE ACT OF JUNE 16, 1942, QUOTED ABOVE.

IN YOUR FIRST QUESTION YOU REQUEST TO BE ADVISED AS TO THE SPECIFIC CLASSES OF PERSONNEL FOR WHICH AND THE CONDITIONS UNDER WHICH TRANSPORTATION OF DEPENDENTS IS AUTHORIZED BY THE TERMS OF SAID PARAGRAPH 6. IT DOES NOT APPEAR THAT IT WAS INTENDED BY THE ENACTMENT OF SAID PARAGRAPH TO EXTEND BENEFITS TO OTHER THAN THOSE PERSONS ENTITLED TO TRANSPORTATION FOR DEPENDENTS UNDER THE SAID PRIOR ACTS, EXCEPT IN THE CASE OF TRANSFERS TO RESERVE COMPONENTS. IN THE ABSENCE OF A MORE SPECIFIC STATEMENT RELATIVE TO ANY PARTICULAR FEATURES OF THE LAW CONCERNING WHICH YOU ARE IN DOUBT, A MORE SPECIFIC ANSWER TO YOUR FIRST QUESTION WILL NOT BE ATTEMPTED AT THIS TIME.

YOUR SECOND AND THIRD QUESTIONS HAVE REFERENCE TO TRANSPORTATION FOR DEPENDENTS OF NURSES UNDER THE PROVISIONS OF PARAGRAPH 6 OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942. THAT PARAGRAPH WAS INSERTED IN THE ACT FOR THE PURPOSE OF DEFINING AND EXPLAINING THE WORDS "PERMANENT CHANGE OF STATION" AS THAT TERM IS USED IN THE PRECEDING PARAGRAPH AUTHORIZING THE TRANSPORTATION OF DEPENDENTS "WHEN ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE * * * IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION.' WHAT SHALL CONSTITUTE A PERMANENT CHANGE OF STATION IS NOT SET OUT IN THAT PARAGRAPH, EXCEPT AS INDICATED IN THE FIRST PROVISO CONTAINED THEREIN. PARAGRAPH 6 DEFINES THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN THE PRIOR PARAGRAPH. IT IS, IN EFFECT, A LEGISLATIVE INTERPRETATION OF WHAT SHALL BE INCLUDED WITHIN THE MEANING OF THE WORDS "PERMANENT CHANGE OF STATION" AS USED IN PARAGRAPH 5 OF THE SECTION, BUT IT DOES NOT PURPORT OTHERWISE TO CONFER BENEFITS NOT AUTHORIZED SECTION 5. WHILE PARAGRAPH 6 PROVIDES, IN PART, THAT THE WORDS "PERMANENT CHANGE OF STATION" SHALL INCLUDE THE CHANGE FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME WHEN ORDERED TO ACTIVE DUTY OTHER THAN TRAINING, OF ANY OFFICER, WARRANT OFFICER, NURSE, OR ENLISTED MAN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT, SUCH DEFINITION IN PARAGRAPH 6 IS DEPENDENT UPON THE PROVISIONS OF PARAGRAPH 5 FOR ITS OPERATION, THE LATTER PARAGRAPH BEING THE BASIC LAW AUTHORIZING TRANSPORTATION FOR DEPENDENTS OF MILITARY AND NAVAL PERSONNEL. THE BASIC PROVISION IN PARAGRAPH 5 AUTHORIZES THE TRANSPORTATION OF DEPENDENTS OF ONLY "ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN ABOVE THE FOURTH GRADE" IN THE SERVICES MENTIONED THEREIN. THE DEFINITION OF "PERMANENT CHANGE OF STATION" IN PARAGRAPH 6 DOES NOT ENLARGE OR CHANGE THIS EXPRESS DESIGNATION IN PARAGRAPH 5 OF THE PERSONNEL WHO ARE ENTITLED TO THE BENEFITS THEREIN AUTHORIZED. THIS IS MADE MORE APPARENT BY THE FURTHER LANGUAGE IN PARAGRAPH 6 "IN A GRADE FOR WHICH THE TRANSPORTATION OF DEPENDENTS IS AUTHORIZED AT GOVERNMENT EXPENSE.' PRESUMABLY, THE WORD "NURSE" WAS INCLUDED IN THE DEFINITION TO SAVE NURSES ANY RIGHTS IN SUCH RESPECTS OTHERWISE AUTHORIZED BY LAW. BUT THERE APPEARS TO BE NO STATUTE AUTHORIZING TRANSPORTATION AT GOVERNMENT EXPENSE FOR DEPENDENTS OF NAVY NURSES. THEY ARE NOT OFFICERS, WARRANT OFFICERS, OR ENLISTED MEN AS DESIGNATED IN PARAGRAPH 5 OF SECTION 12. SEE 13 COMP. GEN. 94, AND DECISION OF OCTOBER 1, 1942, 22 COMP. GEN. 293. SEE, ALSO, DECISION OF OCTOBER 29, 1942, 22 COMP. GEN. 406, IN WHICH IT WAS HELD THAT INCREASED RENTAL AND SUBSISTENCE ALLOWANCES FOR DEPENDENTS WERE NOT PAYABLE TO A MEMBER OF THE NURSE CORPS OF THE NAVY. WHAT DOUBT THERE MIGHT BE IN THE MATTER WOULD APPEAR TO BE SET AT REST, AT LEAST FOR THE TIME BEING, BY THE PROVISIONS OF SECTIONS 1 AND 7 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1072, 1074, PUBLIC LAW 828, AS FOLLOWS:

THAT HEREAFTER, DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, THE MEMBERS OF THE ARMY NURSE CORPS SHALL HAVE RELATIVE RANK AND RECEIVE PAY AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES, AS NOW OR HEREAFTER PROVIDED BY LAW, FOR COMMISSIONED OFFICERS, WITHOUT DEPENDENTS, OF THE REGULAR ARMY IN THE SIXTH TO THE FIRST PAY PERIODS, RESPECTIVELY.

SEC. 7. THAT HEREAFTER, DURING THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER, THE SUPERINTENDENT AND ALL OTHER MEMBERS OF THE NAVY NURSE CORPS SHALL HAVE RELATIVE RANK AND BE ENTITLED TO RECEIVE THE SAME PAY, AND MONEY ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AND MILEAGE AND OTHER TRAVEL ALLOWANCES AS ARE AUTHORIZED BY THIS ACT FOR CORRESPONDING GRADES AND RELATIVE RANKS IN THE ARMY NURSE CORPS. * * * ( ITALICS SUPPLIED.)

ACCORDINGLY, YOUR SECOND QUESTION IS ANSWERED IN THE NEGATIVE, MAKING UNNECESSARY ANY ANSWER TO YOUR THIRD QUESTION.

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