B-72032, MARCH 19, 1948, 27 COMP. GEN. 530

B-72032, MARCH 19, 1948, 27 COMP. GEN. 530

ARMY NURSE CORPS AND WOMEN'S MEDICAL SPECIALIST CORPS - EFFECT OF ARMY NAVY NURSES ACT OF 1947 BY VIRTUE OF THE LENGTH-OF-SERVICE SAVINGS PROVISION IN SECTION 105 (B) OF THE ARMY-NAVY NURSES ACT OF 1947, A FEMALE DIETITIAN COMMISSIONED IN THE REGULAR ARMY IS ENTITLED TO COUNT, FOR LONGEVITY AND PERIOD PAY PURPOSES, ANY SERVICE WHICH COULD HAVE BEEN COUNTED UNDER THE ACTS OF DECEMBER 22, 1942, AND JUNE 22, 1944, INCLUDING ACTIVE SERVICE AS A CIVILIAN DIETITIAN AFTER APRIL 1, 1917, AND ACTIVE SERVICE UNDER THE 1942 ACT PRIOR TO BEING COMMISSIONED UNDER THE 1944 ACT, TOGETHER WITH COMMISSIONED SERVICE UNDER THE 1944 AND 1947 ACTS. BY VIRTUE OF THE LENGTH-OF-SERVICE SAVINGS PROVISION IN SECTION 105 (B) OF THE ARMY-NAVY NURSES ACT OF 1947, A NURSE COMMISSIONED IN THE REGULAR ARMY MAY COUNT, FOR LONGEVITY AND PERIOD PAY PURPOSES, ANY SERVICE WHICH COULD HAVE BEEN COUNTED UNDER THE ACTS OF DECEMBER 22, 1942, AND JUNE 22, 1944, INCLUDING ACTIVE SERVICE AS A CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, ACTIVE SERVICE AS A RESERVE NURSE AFTER FEBRUARY 2, 1901, ACTIVE SERVICE IN THE NAVY OR ARMY NURSE CORPS PRIOR TO BEING COMMISSIONED UNDER THE 1944 ACT, TOGETHER WITH COMMISSIONED SERVICE UNDER THE 1944 AND 1947 ACTS. MEMBERS OF THE ARMY NURSE CORPS AND WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, WHO ARE RETIRED AFTER 20 YEARS'"ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES" UNDER THE PROVISIONS OF SECTION 108 (A) OF THE ARMY-NAVY NURSES ACT OF 1947, MAY NOT INCLUDE PRIOR FEDERAL CIVILIAN SERVICE FOR THE PURPOSE OF DETERMINING THE PERCENTAGE OF ACTIVE- DUTY PAY TO BE EMPLOYED IN THE COMPUTATION OF RETIRED PAY. AN OFFICER OF THE ARMY NURSE CORPS OR THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, WHOSE ACTIVE FEDERAL SERVICE IN THE ARMED FORCES IS LESS THAN THE CONTINUOUS ACTIVE COMMISSIONED SERVICE OF ANY OFFICER, MALE OR FEMALE, IN THE MEDICAL DEPARTMENT WHO IS JUNIOR TO HER IN RANK MAY BE CREDITED, UNDER SECTION 108 (C) OF THE ARMY-NAVY NURSES ACT OF 1947, WITH SERVICE EQUAL TO THE CONTINUOUS ACTIVE COMMISSIONED SERVICE OF SUCH JUNIOR OFFICER FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR RETIREMENT AND THE PERCENTAGE OF ACTIVE-DUTY PAY TO BE EMPLOYED IN COMPUTING RETIRED PAY. IN CONSONANCE WITH SECTION 208 (A) OF THE ARMY-NAVY NURSES ACT OF 1947, RESPECTING THE INCREASED ALLOWANCE RIGHTS OF NAVY NURSES, PAYMENTS TO MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENT CHILDREN, IF SUPPORTED BY EVIDENCE OF DEATH OF THE FATHER OF THE CHILDREN, WILL NOT BE QUESTIONED BY THE GENERAL ACCOUNTING OFFICE BECAUSE OF THE LACK OF OTHER EVIDENCE OF DEPENDENCY.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, MARCH 19, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF DECEMBER 15, 1947, REQUESTING DECISION ON CERTAIN QUESTIONS WHICH HAVE ARISEN IN THE ADMINISTRATION OF THE PROVISIONS OF TITLE I OF THE ARMY-NAVY NURSES ACT OF 1947 ( PUBLIC LAW 36, APPROVED APRIL 16, 1947, 61 STAT. 41), AND WHICH RELATE TO THE CLASSES OF SERVICE THAT MAY BE INCLUDED IN THE COMPUTATION OF THE PERIOD, LONGEVITY, AND RETIRED PAY OF MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS AND TO THE DEPENDENCY ALLOWANCES OF SUCH MEMBERS.

THOSE OF YOUR QUESTIONS WHICH INVOLVE THE CLASSES OF SERVICE CREDITABLE IN THE COMPUTATION OF PERIOD, LONGEVITY, AND RETIRED PAY HAVE BEEN PARAPHRASED AS FOLLOWS:

(1) IN VIEW OF THE LAST SENTENCE OF SECTION 105 (B) OF THE ARMY NAVY NURSES ACT OF 1947, 61 STAT. 44, IS A FEMALE DIETITIAN WHO WAS ENTITLED TO CREDIT FOR ACTIVE FULL-TIME SERVICE AS A CIVILIAN DIETITIAN IN THE WAR DEPARTMENT FOR LONGEVITY AND PERIOD PAY PURPOSES WHILE HOLDING AN APPOINTMENT AS A CAPTAIN (AND PROMOTED TO THE GRADE OF MAJOR) IN THE REGULAR ARMY UNDER THE PROVISIONS OF THE SAID 1947 ACT, OR IS THE SERVICE WHICH MAY BE CREDITED IN THE COMPUTATION OF HER REGULAR ARMY PERIOD AND LONGEVITY PAY LIMITED BY THE PROVISIONS OF SECTION 110 OF THE 1947 ACT TO ACTIVE MILITARY SERVICE?

(2) FOR LONGEVITY AND PERIOD PAY PURPOSES, IS A NURSE COMMISSIONED IN THE ARMY NURSE CORPS OF THE REGULAR ARMY, UNDER THE PROVISIONS OF THE ARMY- NAVY NURSES ACT OF 1947, ENTITLED TO CREDIT FOR ALL ACTIVE SERVICE IN THE ARMY NURSE CORPS AND IN THE NAVY NURSE CORPS AND SERVICE AS A CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, AS PROVIDED IN SECTION 4 OF THE ACT OF JUNE 22, 1944, 58 STAT. 325, OR IS THE SERVICE WITH WHICH SHE MAY BE CREDITED FOR SUCH PAY PURPOSES LIMITED TO THE CLASSES OF SERVICE SPECIFIED IN SECTION 110 OF THE SAID 1947 ACT?

(3) IN DETERMINING THE PERCENTAGE OF ACTIVE-DUTY PAY TO BE EMPLOYED IN COMPUTING THE RETIRED PAY OF MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS WHO ARE RETIRED UNDER THE PROVISIONS OF SECTION 108 OF THE ARMY-NAVY NURSES ACT OF1947, MAY PRIOR FEDERAL CIVILIAN SERVICE OF SUCH MEMBERS BE COUNTED OR IS THE ACTUAL SERVICE WHICH MAY BE COUNTED LIMITED TO ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES?

(4) IN DETERMINING THE PERCENTAGE OF ACTIVE-DUTY PAY TO BE EMPLOYED IN COMPUTING THE AMOUNT OF RETIRED PAY OF AN OFFICER OF THE WOMEN'S MEDICAL SPECIALIST CORPS OF THE REGULAR ARMY, MAY SHE BE CREDITED WITH THE GREATER OF (A) THE NUMBER OF YEARS OF HER ACTIVE COMMISSIONED FEDERAL SERVICE, OR (B) THE GREATEST NUMBER OF YEARS OF SERVICE CREDITED TO ANY OFFICER JUNIOR TO HER IN RANK IN THE MEDICAL DEPARTMENT OF THE REGULAR ARMY?

THE PARAGRAPH OF YOUR LETTER WHICH PRESENTS YOUR QUESTION RESPECTING DEPENDENCY ALLOWANCES IS AS FOLLOWS:

A FURTHER QUESTION HAS ARISEN AS TO THE EFFECT OF SECTION 109 OF TITLE I IN CONNECTION WITH ALLOWANCES FOR DEPENDENTS OF SUCH PERSONNEL. THIS SECTION SAYS IN EFFECT,"EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED" ALL LAWS APPLICABLE TO MALE MEMBERS SHALL BE APPLICABLE TO FEMALE MEMBERS, WHICH IN THE ABSENCE OF A SPECIFIC PROVISION RESPECTING DEPENDENCY ALLOWANCES WOULD APPEAR TO MAKE APPLICABLE THE PROVISIONS OF SEC. 4 OF THE PAY READJUSTMENT ACT, AS AMENDED BY THE ACT OF 7 SEPTEMBER 1944 ( PUBLIC LAW 421, 78TH CONGRESS). HOWEVER, HAVING REFERENCE TO THE INTENDED PARITY OF ARMY AND NAVY PERSONNEL UNDER PUBLIC LAW 36, IT IS NOTED THAT SECTION 208 OF TITLE II, PUBLIC LAW 36, SUPRA, MAKING THE PROVISIONS OF LAWS RELATING TO MALE OFFICERS APPLICABLE TO OFFICERS OF THE NAVY NURSE CORPS, CONTAINS A PROVISO DEFINING DEPENDENTS, WHICH IS NOT IN THE TERMS OF SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, AND THERE IS NO SIMILAR PROVISION CONTAINED IN TITLE I. IN OTHER WORDS, SECTION 4 OF THE PAY READJUSTMENT ACT, AS AMENDED, AUTHORIZES PAYMENT OF ADDITIONAL ALLOWANCES TO ALL FEMALE MEMBERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THAT ACT, WHEN THE PERSONS (HUSBANDS AND MINOR CHILDREN) ARE IN FACT DEPENDENT ON SUCH MEMBERS FOR THEIR CHIEF SUPPORT, WHEREAS SAID SECTION 208 APPARENTLY DOES NOT STATE THE SAME RULE AS TO DEPENDENT CHILDREN SINCE IT WOULD APPEAR UNDER SECTION 208 RELATING TO NAVY NURSES A CHILD MAY BE CONSIDERED DEPENDENT UPON A NAVY NURSE WHEN THE FATHER IS DEAD, IRRESPECTIVE OF DEPENDENCY IN FACT OF SAID CHILD. IN VIEW OF THE FOREGOING, IS THE ABOVE CITED SECTION 4 OF THE PAY READJUSTMENT ACT TO BE CONSIDERED AS STILL APPLICABLE TO MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS, OR IS THE PROVISION WITH RESPECT TO DEPENDENTS OF MEMBERS OF THE NAVY NURSE CORPS APPLICABLE TO MEMBERS OF THE ARMY NURSE CORPS?

SECTIONS 101 AND 102 OF THE ARMY-NAVY NURSES ACT OF 1947, 61 STAT. 41, 42, ESTABLISH IN THE MEDICAL DEPARTMENT OF THE REGULAR ARMY AN ARMY NURSE CORPS AND A WOMEN'S MEDICAL SPECIALIST CORPS. SECTIONS 105 (B), 108 (A), 108 (C), 109, 110, 113 (A) AND 208 (A) OF SUCH ACT, 61 STAT. 44, 45, 46, 5C, PROVIDE AS FOLLOWS:

SEC. 105. * * *

(B) THE PERIOD OF SERVICE CREDITED TO A PERSON AS PROVIDED IN SUBSECTION (A) HEREOF SHALL BE COUNTED AND CONSTRUED AS CONTINUOUS ACTIVE SERVICE ON THE ACTIVE LIST OF THE REGULAR ARMY FOR THE FOLLOWING TWO PURPOSES: (1) FOR THE PURPOSE OF DETERMINING THE GRADE AND RANK OF A PERSON APPOINTED UNDER THE PROVISIONS OF THIS TITLE, AND (2) FOR THE PURPOSE OF DETERMINING A PERSON'S RIGHT TO PROMOTION SUBSEQUENT TO APPOINTMENT UNDER THE PROVISIONS OF THIS TITLE. EXCEPT FOR THE FOREGOING SPECIFIED PURPOSES, PROVISIONS OF EXISTING LAW REGARDING LENGTH OF SERVICE AND BENEFITS ACCRUING THEREFROM SHALL NOT BE AFFECTED.

SEC. 108 (A) AN OFFICER ON THE ACTIVE LIST OF EITHER THE ARMY NURSE CORPS OR THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, AFTER TWENTY YEARS' ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES, MAY UPON HER REQUEST, AT THE DISCRETION OF THE SECRETARY OF WAR, BE RETIRED AND SHALL RECEIVE RETIRED PAY EQUAL TO 2 1/2 PERCENTUM OF THE BASE AND LONGEVITY PAY SHE WOULD RECEIVE IF SERVING ON ACTIVE DUTY IN THE GRADE IN WHICH RETIRED, MULTIPLIED BY A NUMBER EQUAL TO THE NUMBER OF YEARS OF SUCH ACTIVE FEDERAL SERVICE: PROVIDED, THAT IN COMPUTING THE NUMBER OF YEARS OF SUCH SERVICE FOR THE PURPOSE OF DETERMINING THE PERCENTAGE OF ACTIVE-DUTY PAY, AND FOR NO OTHER PURPOSE, ANY FRACTIONAL PART OF A YEAR AMOUNTING TO SIX MONTHS OR MORE SHALL BE COUNTED AS A COMPLETE YEAR: PROVIDED FURTHER, THAT IN NO EVENT SHALL SUCH RETIRED PAY EXCEED 75 PERCENTUM OF SUCH BASE AND LONGEVITY PAY: AND PROVIDED FURTHER, THAT REGARDLESS OF THE YEARS OF SERVICE COMPLETED, AT ANY TIME AFTER SUCH AN OFFICER SHALL HAVE ATTAINED THE AGE OF FIFTY, IF HER PERMANENT GRADE IS BELOW THAT OF MAJOR, OR AT ANY TIME AFTER SUCH AN OFFICER SHALL HAVE ATTAINED THE AGE OF FIFTY-FIVE, IF HER PERMANENT GRADE IS MAJOR OR HIGHER, SHE MAY, AT THE DISCRETION OF THE SECRETARY OF WAR WITHOUT HER CONSENT, BE RETIRED AND UPON SUCH RETIREMENT SHE SHALL RECEIVE RETIRED PAY EQUAL TO 2 1/2 PERCENTUM OF THE BASE AND LONGEVITY PAY SHE WOULD RECEIVE IF SERVING ON ACTIVE DUTY IN THE GRADE IN WHICH RETIRED, MULTIPLIED BY A NUMBER EQUAL TO THE NUMBER OF YEARS OF HER ACTIVE FEDERAL SERVICE, BUT IN NO EVENT SHALL SUCH RETIRED PAY EXCEED 75 PERCENTUM OF SUCH BASE AND LONGEVITY PAY.

(C) IN DETERMINING ELIGIBILITY FOR RETIREMENT AND THE PERCENTAGE OF ACTIVE-SERVICE PAY TO BE EMPLOYED IN COMPUTING THE AMOUNT OF RETIRED PAY UNDER ANY PROVISION OF LAW, EACH COMMISSIONED OFFICER ON THE ACTIVE LIST OF THE REGULAR ARMY WHO IS COMMISSIONED IN ANY OF THE CORPS ESTABLISHED BY THIS ACT, SHALL BE DEEMED TO HAVE AT LEAST THE SAME LENGTH OF CONTINUOUS ACTIVE COMMISSIONED SERVICE IN THE REGULAR ARMY AS ANY OFFICER JUNIOR TO HER RANK IN THE MEDICAL DEPARTMENT OF THE REGULAR ARMY.

SEC. 109. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, ALL LAWS NOW OR HEREAFTER APPLICABLE TO MALE COMMISSIONED OFFICERS OF THE REGULAR ARMY, TO FORMER MALE COMMISSIONED OFFICERS OF THE REGULAR ARMY, AND TO THEIR DEPENDENTS AND BENEFICIARIES, SHALL IN LIKE CASES BE APPLICABLE RESPECTIVELY TO COMMISSIONED OFFICERS OF ANY OF THE CORPS ESTABLISHED BY THIS ACT, REGULAR ARMY, AND TO THEIR DEPENDENTS AND BENEFICIARIES, SHALL IN LIKE CASES BE APPLICABLE RESPECTIVELY TO COMMISSIONED OFFICERS OF ANY OF THE CORPS ESTABLISHED BY THIS ACT, REGULAR ARMY, AND TO THEIR DEPENDENTS AND BENEFICIARIES.

SEC. 110 EXCEPT FOR THE PURPOSE OF DETERMINING A PERSON'S GRADE, RANK, AND RIGHT TO PROMOTION IN THE REGULAR ARMY (SEE SECTION 105 (B) HEREOF) IN COMPUTING YEARS OF ACTIVE FEDERAL MILITARY SERVICE FOR ALL PURPOSES OF ANY PERSON, THERE SHALL BE CREDITED 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 (22), 1944 (58 STAT. 324).

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 APPOINTMENT UNDER THIS ACT SHALL OPERATE TO VACATE ANY OTHER MILITARY OR CIVILIAN STATUS IN OR WITH THE MILITARY ESTABLISHMENT THEREFORE OCCUPIED BY THE APPOINTEE EXCEPT AN APPOINTMENT PURSUANT TO THE ACT OF JUNE 22, 1944.

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 CHIEF SUPPORT * * *.

IN DECISION OF SEPTEMBER 5, 1947, B-68299, TO THE SECRETARY OF THE NAVY, 27 COMP. GEN. 155, CITED IN YOUR LETTER, THE LEGISLATIVE HISTORY OF THE ARMY-NAVY NURSES ACT OF 1947 WAS DISCUSSED, A STATEMENT MADE ON THE FLOOR OF THE HOUSE OF REPRESENTATIVES RESPECTING THE BILL WHICH BECAME SUCH ACT WAS QUOTED, AND THE FOLLOWING WAS STATED:

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. * * *

THE FOREGOING GENERAL CONCLUSIONS RESPECTING THE PURPOSE AND INTENT OF THE CONGRESS AS TO PAY AND ALLOWANCES MATTERS ARE AMPLY SUPPORTED BY THE LEGISLATIVE HISTORY OF THE ACT. HOWEVER, THE EXPRESS PROVISIONS OF THE STATUTE RELATING TO ARMY NURSES ARE NOT IDENTICAL IN ALL RESPECTS WITH THE PROVISIONS RELATING TO NAVY NURSES OR WITH THE PROVISIONS OF LAW SPECIFICALLY APPLICABLE TO MALE OFFICERS OF THE ARMY, AND, HENCE, AS TO SOME MATTERS, IT DOUBTLESS WILL BE NECESSARY TO CONCLUDE THAT THE STATUTES REQUIRE DIFFERENT RULES TO BE FOLLOWED FOR THE DIFFERENT CLASSES OF PERSONNEL.

QUESTIONS (1) AND (2), ABOVE, PRIMARILY INVOLVE A CONSIDERATION OF THE PROVISIONS OF SECTIONS 105 (B), 109, 110 AND 113 OF THE ARMY-NAVY NURSES ACT OF 1947, ALL OF WHICH ARE QUOTED ABOVE.

UNDER SECTION 109 OF THE SAID 1947 ACT, ALL LAWS APPLICABLE TO MALE COMMISSIONED OFFICERS OF THE REGULAR ARMY ARE MADE APPLICABLE "IN LIKE CASES" TO FEMALE COMMISSIONED OFFICERS APPOINTED IN THE REGULAR ARMY UNDER SUCH ACT,"EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED.' IT FOLLOWS THAT,"EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED," FEMALE OFFICERS SO APPOINTED ARE TO HAVE THEIR LONGEVITY AND PERIOD PAY COMPUTED ON THE SAME BASIS AS MALE OFFICERS, THAT IS, UNDER SECTIONS 1 AND 3A OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. SUPP. V, 101, 103A. THAT BASIS SUCH FEMALE OFFICERS COULD COUNT ONLY PERIODS DURING WHICH THEY WERE ENLISTED OR "HELD COMMISSIONS" AS OFFICERS OR APPOINTMENTS AS WARRANT OFFICERS IN THE MILITARY ORGANIZATIONS NAMED IN SUCH SECTIONS, WHICH WOULD NOT INCLUDE SERVICE IN THE ARMY NURSE CORPS OR AS DIETITIANS OR PHYSICAL THERAPISTS PRIOR TO BEING COMMISSIONED IN THE ARMY OF THE UNITED STATES UNDER THE ACT OF JUNE 22, 1944, 58 STAT. 324. THE QUESTION IS WHETHER SUCH BASIS IS EXCLUSIVE OR WHETHER AUTHORITY TO COUNT ADDITIONAL SERVICE IS "OTHERWISE SPECIFICALLY PROVIDED," WITHIN THE MEANING OF THE SAID SECTION 109. SECTION 110 OF THE ACT SPECIFICALLY PROVIDES THAT IN COMPUTING YEARS OF "ACTIVE FEDERAL MILITARY SERVICE" FOR "ALL PURPOSES" OF "ANY PERSON," THERE SHALL BE CREDITED 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 (22), 1944, SUPRA. MAY THAT BE VIEWED AS A PROVISION SPECIFICALLY AUTHORIZING SUCH SERVICE TO BE COUNTED FOR LONGEVITY AND PERIOD PAY PURPOSES? THE MATTER IS DOUBTFUL. WHILE THAT SECTION SPECIFICALLY PROVIDES THAT SUCH SERVICE SHALL BE INCLUDED IN COMPUTING "ACTIVE FEDERAL MILITARY SERVICE" OF ANY PERSON FOR ,ALL PURPOSES," THE DIFFICULTY IS THAT LONGEVITY AND PERIOD PAY IS NOT GENERALLY BASED ON "ACTIVE FEDERAL MILITARY SERVICE" BUT ON CERTAIN SPECIFIED SERVICE (BOTH ACTIVE AND INACTIVE) IN CERTAIN SPECIFIED ORGANIZATIONS (BOTH FEDERAL AND STATE). SEE SECTIONS 1, 3, AND 3A OF THE PAY READJUSTMENT ACT, SUPRA. THE SERVICE TO BE INCLUDED AS "ACTIVE FEDERAL MILITARY SERVICE" WOULD APPEAR MATERIAL IN DETERMINING RETIREMENT RIGHTS UNDER SECTION 108 OF THE SAID 1947 ACT, AND POSSIBLY WITH RESPECT TO OTHER MATTERS GENERALLY, SUCH AS PENSIONS, ETC., OUTSIDE THE SCOPE OF SUCH ACT. HOWEVER, SINCE LONGEVITY AND PERIOD PAY ARE NOT BASED ON "ACTIVE FEDERAL MILITARY SERVICE," THERE IS AT LEAST SUBSTANTIAL DOUBT THAT THE SAID PROVISION IN SECTION 110 OF THE ACT AUTHORIZING CERTAIN SERVICE TO BE COUNTED IN COMPUTING "ACTIVE FEDERAL MILITARY SERVICE" WAS INCLUDED IN THE ACT FOR THE PURPOSE OF COMPUTING LONGEVITY AND PERIOD PAY.

ON THE OTHER HAND, SECTION 105 (B) OF THE ACT SPECIFICALLY PROVIDES THAT EXCEPT FOR THE PURPOSES OF APPOINTMENT AND PROMOTION AS SET FORTH THEREIN,"PROVISIONS OF EXISTING LAW REGARDING LENGTH OF SERVICE AND BENEFITS ACCRUING THEREFROM SHALL NOT BE AFFECTED.' PROVISIONS OF LAW THEN EXISTING REGARDING LENGTH OF SERVICE AND BENEFITS ACCRUING THEREFROM INCLUDED THE FOLLOWING PROVISIONS IN IN SECTION 3 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1073:

* * * EVERY PERSON PAID UNDER THE PROVISIONS OF THIS ACT SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HER PERIOD FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS, AND DURING ANY PERIOD OF SERVICE WHILE ON SEA DUTY AS SUCH DUTY MAY BE DEFINED BY THE SECRETARY OF WAR, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, AN INCREASE IN BASE PAY OF 10 PERCENTUM. IN COMPUTING SERVICE OF MEMBERS OF THE ARMY NURSE CORPS THERE SHALL BE CREDITED ACTIVE SERVICE IN THE ARMY NURSE CORPS AND IN THE NAVY NURSE CORPS, ACTIVE SERVICE AS CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, AND SERVICE AS A RESERVE NURSE ON ACTIVE DUTY SINCE FEBRUARY 2, 1901. IN COMPUTING SERVICE OF FEMALE DIETETIC AND PHYSICAL THERAPY PERSONNEL THERE SHALL BE CREDITED ALL ACTIVE FULL TIME SERVICE (EXCEPT AS A STUDENT OR APPRENTICE) IN THE DIETETIC OR PHYSICAL THERAPY CATEGORIES RENDERED SUBSEQUENT TO APRIL 6, 1917, AS A CIVILIAN EMPLOYEE OF THE WAR DEPARTMENT. AND THE FOLLOWING PROVISIONS IN SECTIONS 4 AND 5 OF THE ACT OF JUNE 22, 1944, 58 STAT. 325:

SEC. 4. IN COMPUTING YEARS OF SERVICE FOR ALL PURPOSES OF MEMBERS OF THE ARMY NURSE CORPS APPOINTED AND ASSIGNED UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT THERE SHALL BE CREDITED ACTIVE SERVICE IN THE ARMY NURSE CORPS AND IN THE NAVY NURSE CORPS, ACTIVE SERVICE AS A CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, AND SERVICE RENDERED PURSUANT TO AN APPOINTMENT UNDER THIS ACT.

SEC. 5. IN COMPUTING YEARS OF SERVICE FOR ALL PURPOSES OF FEMALE DIETETIC AND PHYSICAL THERAPY PERSONNEL APPOINTED AND ASSIGNED UNDER THE PROVISIONS OF SECTION 1 OF THIS ACT THERE SHALL BE CREDITED ALL ACTIVE FULL-TIME SERVICE (EXCEPT AS A STUDENT OR APPRENTICE) IN THE DIETETIC OR PHYSICAL/THERAPY CATEGORIES RENDERED SUBSEQUENT TO APRIL 6, 1917, AS A CIVILIAN EMPLOYEE OF THE WAR DEPARTMENT, SERVICE RENDERED PURSUANT TO AN APPOINTMENT AS A FEMALE DIETITIAN OR PHYSICAL/THERAPY AIDE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942 (56 STAT. 1072), AND SERVICE RENDERED PURSUANT TO AN APPOINTMENT UNDER THIS ACT.

THUS, SINCE THE 1942 ACT MEMBERS OF THE ARMY NURSE CORPS PAID UNDER THAT ACT HAVE BEEN SPECIFICALLY ENTITLED TO INCLUDE ALL ACTIVE SERVICE IN THE ARMY NURSE CORPS AND NAVY NURSE CORPS, INCLUDING ACTIVE SERVICE AS A RESERVE NURSE SINCE FEBRUARY 2, 1901, AND SERVICE AS A CONTRACT NURSE PRIOR TO FEBRUARY 2, 1901, IN COMPUTING THEIR LONGEVITY PAY, AND FEMALE DIETETIC AND PHYSICAL THERAPY PERSONNEL HAVE BEEN ENTITLED TO INCLUDE ACTIVE FULL-TIME SERVICE IN THOSE CATEGORIES AS A CIVILIAN EMPLOYEE OF THE WAR DEPARTMENT AFTER APRIL 6, 1917, IN COMPUTING THEIR LONGEVITY PAY. AND SINCE THE 1944 ACT, UPON APPOINTMENT AS COMMISSIONED OFFICERS IN THE ARMY OF THE UNITED STATES AS PROVIDED THEREIN, SUCH NURSES, DIETITIANS AND PHYSICAL THERAPISTS HAVE BEEN SPECIFICALLY ENTITLED TO INCLUDE SUCH SERVICE, SPECIFIED THEREIN, FOR BOTH LONGEVITY AND PERIOD PAY PURPOSES. THE 1947 ACT, AUTHORIZING THE APPOINTMENT OF SUCH NURSES, DIETITIANS AND PHYSICAL THERAPISTS AS COMMISSIONED OFFICERS IN THE REGULAR ARMY PROVIDES, IN EFFECT, IN SECTION 105 (B), SUPRA, THAT SUCH THEN EXISTING PROVISIONS OF LAW REGARDING LENGTH OF SERVICE AND BENEFITS ACCRUING THEREFROM "SHALL NOT BE AFFECTED.' WHILE THAT LANGUAGE IS AMBIGUOUS, IT WAS APPARENTLY INTENDED TO KEEP ALIVE SUCH PROVISIONS WITH RESPECT TO FEMALE OFFICERS APPOINTED IN THE REGULAR ARMY UNDER THAT ACT. APPLIED LITERALLY, IT WOULD NOT APPEAR TO EXTEND THE BENEFITS OF THE 1942 AND 1944 ACTS TO PERSONS COMMISSIONED UNDER THE 1947 ACT, SINCE THE 1942 ACT EXPRESSLY APPLIES ONLY TO PERSONS PAID THEREUNDER AND THE 1944 ACT EXPRESSLY APPLIES ONLY TO PERSONS APPOINTED THEREUNDER. THERE WOULD HAVE BEEN NO OCCASION, HOWEVER, EXPRESSLY TO INCLUDE SUCH LANGUAGE IN THE 1947 ACT IF THE ONLY PURPOSE WAS TO KEEP THE 1942 AND 1944 PROVISIONS ALIVE WITH RESPECT TO PERSONS SUBJECT TO THOSE ACTS, SINCE NEITHER THE 1942 ACT NOR THE 1944 ACT WAS REPEALED BY THE 1947 ACT, ALTHOUGH NO FURTHER APPOINTMENTS WERE TO BE MADE THEREUNDER. SEE SECTION 113 OF THE ACT, SUPRA. BUT SUCH LENGTH OF SERVICE PROVISION IN SECTION 105 (B) IS NOT TO BE VIEWED AS SURPLUSAGE AND THAT THE PURPOSE THEREOF, AT LEAST IN PART, WAS BY REFERENCE TO EXTEND SUCH SPECIFIC PROVISIONS FOR LONGEVITY AND PERIOD PAY IN THE 1942 AND 1944 ACTS TO PERSONS COMMISSIONED UNDER THE 1947 ACT IS SUPPORTED BY THE OMISSION OF ANY PROVISION IN THE 1947 ACT OTHERWISE SPECIFYING THE SERVICE TO BE COUNTED BY THEM FOR SUCH PURPOSES. COMPARE SECTION 208 (B) OF THE 1947 ACT, 61 STAT. 50, EXPRESSLY SPECIFYING THE SERVICE TO BE COUNTED BY MEMBERS OF THE NAVY NURSE CORPS FOR SUCH PURPOSES. 27 COMP. GEN. 155. HOLD OTHERWISE WOULD RESULT IN SUBSTANTIAL PAY DECREASES FOR OFFICERS APPOINTED UNDER THE 1947 ACT.

IN THE EXAMPLE GIVEN IN YOUR LETTER, ONE OFFICER WOULD HAVE HER PAY REDUCED FROM $357.50 A MONTH AS A CAPTAIN UNDER THE 1944 ACT TO $288.75 A MONTH UNDER THE 1947 ACT, AFTER BEING PROMOTED TO THE GRADE OF MAJOR, EVEN THOUGH SHE WERE PERMITTED TO COUNT HER "ACTIVE FEDERAL MILITARY SERVICE," AS DEFINED IN SECTION 110, FOR LONGEVITY PAY PURPOSES. THERE APPEARS TO BE NOTHING IN THE LEGISLATIVE HISTORY OF THE ACT SUGGESTING ANY INTENT TO REDUCE THE PAY OF FEMALE OFFICERS APPOINTED IN THE REGULAR ARMY THEREUNDER NOR ANY REASON TO SUPPOSE THAT THE CONGRESS INTENDED TO TAKE AWAY FROM THEM THE RIGHT TO COUNT ANY SERVICE FOR PAY PURPOSES THAT THEY WERE EXPRESSLY AUTHORIZED TO COUNT IN THE 1942 AND 1944 ACTS. IN VIEW OF THESE CIRCUMSTANCES, ALTHOUGH THE MATTER IS NOT FREE FROM DOUBT, I THINK THE CONCLUSION IS WARRANTED THAT THE SAID LANGUAGE IN SECTION 105 (B) OF THE 1947 ACT WAS INTENDED, BY REFERENCE TO THE RIGHTS UNDER EXISTING LAW REGARDING LENGTH OF SERVICE AND BENEFITS ACCRUING THEREFROM, TO AUTHORIZE OFFICERS APPOINTED UNDER THAT ACT TO COUNT FOR PAY PURPOSES ALL THE SERVICE THEY COULD HAVE COUNTED UNDER THE SPECIFIC PROVISIONS IN THE 1942 OR 1944 ACTS FOR SUCH PURPOSES, IN ADDITION TO ANY SERVICE THEY MIGHT BE ENTITLED TO COUNT, ON THE SAME BASIS AS MALE OFFICERS, UNDER THE ASSIMILATION PROVISION IN SECTION 109 OF THE ACT.

ON THAT BASIS, YOU ARE ADVISED ON YOUR FIRST AND SECOND QUESTIONS THAT THE TWO OFFICERS INVOLVED ARE ENTITLED, IN COMPUTING THEIR LONGEVITY AND PERIOD PAY UNDER THE ARMY-NAVY NURSES ACT OF 1947, TO INCLUDE ANY SERVICE WHICH THEY WERE, OR WOULD HAVE BEEN, ENTITLED TO INCLUDE FOR SUCH PURPOSES UNDER THE SAID PRIOR ACTS OF DECEMBER 22, 1942, AND JUNE 22, 1944, INCLUDING, FOR THE DIETITIAN, ACTIVE SERVICE AS A CIVILIAN DIETITIAN IN THE WAR DEPARTMENT AFTER APRIL 6, 1917, AND ACTIVE SERVICE UNDER THE 1942 ACT PRIOR TO BEING COMMISSIONED UNDER THE 1944 ACT, TOGETHER WITH HER COMMISSIONED SERVICE IN THE NAVY NURSE CORPS AND ACTIVE SERVICE IN THE ARMY NURSE CORPS PRIOR TO BEING COMMISSIONED UNDER THE 1944 ACT, TOGETHER WITH HER COMMISSIONED SERVICE UNDER THE 1944 AND 1947 ACTS.

WITH RESPECT TO QUESTION (3), IT WILL BE NOTED THAT SECTION 108 (A), SUPRA, PROVIDES, INTER ALIA, THAT AN OFFICER ON THE ACTIVE LIST OF EITHER THE ARMY NURSE CORPS OR THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, AFTER TWENTY YEARS'"ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES," MAY, UPON HER OWN REQUEST, AT THE DISCRETION OF THE SECRETARY OF WAR ( SECRETARY OF THE ARMY), BE RETIRED AND THAT UPON SUCH RETIREMENT SHE "SHALL RECEIVE RETIRED PAY EQUAL TO 2 1/2 PERCENTUM OF THE BASE AND LONGEVITY PAY SHE WOULD RECEIVE IF SERVING ON ACTIVE DUTY IN THE GRADE IN WHICH RETIRED, MULTIPLIED BY A NUMBER EQUAL TO THE NUMBER OF YEARS OF SUCH ACTIVE FEDERAL SERVICE.' THE ANTECEDENT OF THE TERM "SUCH ACTIVE FEDERAL SERVICE," AS SO USED IN SECTION 108 (A), IS "ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES," AND, THUS, THE SAID SECTION CLEARLY PROVIDES THAT THE RETIRED PAY OF A NURSE OR WOMAN MEDICAL SPECIALIST, VOLUNTARILY RETIRED AFTER TWENTY YEARS' SERVICE, SHALL BE 2 1/2 PERCENT OF HER ACTIVE-DUTY PAY MULTIPLIED BY A NUMBER EQUAL TO THE NUMBER OF YEARS OF HER "ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES.'

UNDER THE FINAL PROVISO OF SECTION 108 (A), THE PERCENTAGE OF THE ACTIVE- DUTY PAY TO BE USED IN COMPUTING THE RETIRED PAY OF A NURSE OR WOMAN MEDICAL SPECIALIST RETIRED FOR AGE, IS TO BE COMPUTED BY MULTIPLYING 2 1/2 PERCENT OF SUCH ACTIVE-DUTY PAY BY A NUMBER EQUAL TO THE NUMBER OF YEARS OF ,HER ACTIVE FEDERAL SERVICE.' THERE IS NOTHING IN THE STATUTE TO INDICATE THAT THE TERM "ACTIVE FEDERAL SERVICE" WAS USED IN THE FIRST PART OF SECTION 108 (A) IN CONNECTION WITH VOLUNTARY RETIREMENTS AFTER 20 YEARS' SERVICE, AND THERE APPEARS TO BE NO REASON WHY IT SHOULD BE CONSIDERED AS HAVING BEEN USED IN ANY OTHER SENSE. IN OTHER WORDS, THERE APPEARS TO BE NO REASONABLE BASIS FOR CONCLUDING THAT THE CONGRESS INTENDED ANY DIFFERENT CLASS OF SERVICE TO BE USED IN COMPUTING RETIRED PAY UPON RETIREMENT FOR AGE THAN IS EXPRESSLY AUTHORIZED TO BE USED IN COMPUTING RETIRED PAY UPON RETIREMENT FOR AGE THAN IS EXPRESSLY AUTHORIZED TO BE USED IN COMPUTING RETIRED PAY UPON VOLUNTARY RETIREMENT AFTER 20 YEARS' SERVICE. ACCORDINGLY, IN ANSWER TO QUESTION (3), ABOVE, IT IS HELD THAT PRIOR FEDERAL CIVILIAN SERVICE OF MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, MAY NOT BE INCLUDED FOR THE PURPOSE OF DETERMINING THE PERCENTAGE OF ACTIVE-DUTY PAY TO BE EMPLOYED IN COMPUTING THE RETIRED PAY OF SUCH MEMBERS, SINCE SECTION 108 (A), SUPRA, MUST BE CONSIDERED AS LIMITING THE ACTUAL SERVICE WHICH MAY BE COUNTED FOR SUCH PURPOSE TO "ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES.'

UNDER THE PROVISIONS OF SECTION 108 (C), SUPRA, IT SEEMS CLEAR THAT IN DETERMINING ELIGIBILITY FOR RETIREMENT AND IN DETERMINING THE PERCENTAGE OF ACTIVE-DUTY PAY TO BE EMPLOYED IN COMPUTING RETIRED PAY OF MEMBERS OF THE ARMY NURSE CORPS OR THE WOMEN'S MEDICAL SPECIALIST CORPS, REGULAR ARMY, EACH OF SUCH MEMBERS IS ENTITLED TO BE CREDITED WITH "AT LEAST THE SAME LENGTH OF CONTINUOUS ACTIVE COMMISSIONED SERVICE OF THE MEDICAL DEPARTMENT OF THE REGULAR ARMY WHO IS JUNIOR TO HER IN RANK. THE TERM "ANY OFFICER" INCLUDES MALE OFFICERS AS WELL AS FEMALE OFFICERS, AND, HENCE, IF THE ,ACTIVE FEDERAL SERVICE IN THE ARMED FORCES OF THE UNITED STATES" OF THE OFFICER REFERRED TO IN QUESTION (4), ABOVE, IS LESS THAN THE "CONTINUOUS ACTIVE COMMISSIONED SERVICE IN THE REGULAR ARMY" OF ANY OFFICER, MALE OR FEMALE, IN THE MEDICAL DEPARTMENT OF THE REGULAR ARMY WHO IS JUNIOR TO HER IN RANK, SHE MAY BE CREDITED WITH SERVICE EQUAL TO SUCH "CONTINUOUS ACTIVE COMMISSIONED SERVICE IN THE REGULAR ARMY" OF SUCH JUNIOR OFFICER FOR THE PURPOSE SPECIFIED IN SECTION 108 (C). QUESTION (4) IS ANSWERED ACCORDINGLY.

IN PRESENTING YOUR FINAL QUESTIONS RELATING TO DEPENDENCY ALLOWANCES, YOU REFER TO SECTIONS 109 AND 208 (A) OF THE ARMY-NAVY NURSES ACT OF 1947, SUPRA, AND TO SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, AS AMENDED BY SECTION 6 OF THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, WHICH IS AS FOLLOWS: THE TERM "DEPENDENT" AS USED IN THE SUCCEEDING SECTIONS OF THIS ACT SHALL 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: PROVIDED, THAT THE TERM "CHILDREN" SHALL BE HELD TO INCLUDE STEPCHILDREN AND ADOPTED CHILDREN WHEN SUCH STEPCHILDREN OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON THE PERSON CLAIMING DEPENDENCY ALLOWANCE.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FEMALE MEMBER OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR THE RESERVE COMPONENTS THEREOF, SHALL BE ENTITLED TO ALL ALLOWANCES AND BENEFITS AUTHORIZED IN THIS ACT ON ACCOUNT OF DEPENDENTS BUT ONLY IN THE CASE OF A HUSBAND, A CHILD OR CHILDREN, OR A PARENT OR PARENTS IN FACT DEPENDENT UPON HER FOR THEIR CHIEF SUPPORT.

AS INDICATED IN YOUR LETTER, THERE IS NO SPECIFIC PROVISION IN TITLE I OF THE ARMY-NAVY NURSES ACT OF 1947 RELATING TO THE MATTER OF THE CLASSES OF PERSONS WHO ARE TO BE CONSIDERED AS DEPENDENTS OF MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS FOR DEPENDENCY ALLOWANCE PURPOSES, AND THOSE PROVISIONS OF SECTION 208 (A) OF SUCH ACT WHICH RELATE TO DEPENDENTS OF NAVY NURSES DIFFER FROM THE DEPENDENCY PROVISIONS IN SECTION 4 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, WHICH ARE APPLICABLE GENERALLY TO FEMALE OFFICERS OF THE ARMED FORCES, IN THAT, UNDER THE PROVISIONS OF THE SAID SECTION 208 (A) THE CHILDREN OF NAVY NURSES ARE TO BE CONSIDERED DEPENDENT ON THEIR MOTHER IF THEIR FATHER IS DEAD OR THEY ARE IN FACT DEPENDENT ON THEIR MOTHER FOR THEIR SUPPORT, WHEREAS, UNDER THE PROVISIONS OF THE SAID SECTION 4, AS AMENDED, THE CHILDREN OF A FEMALE OFFICER ARE CONSIDERED TO BE DEPENDENT UPON SUCH OFFICER ONLY UPON A SHOWING THAT THEY ARE IN FACT DEPENDENT UPON HER FOR THEIR CHIEF SUPPORT AND REGARDLESS OF WHETHER THE FATHER IS DEAD OR ALIVE.

FROM THE DEPENDENCY PROVISIONS IN SECTION 208 (A), IT IS EVIDENT THAT THE CONGRESS FELT THAT THE CHILDREN OF A NAVY NURSE SHOULD BE CONCLUSIVELY PRESUMED TO BE DEPENDENT UPON HER FOR THEIR CHIEF SUPPORT IN ANY CASE WHERE IT IS SHOWN THAT THE FATHER IS DEAD, OR THAT EVIDENCE ESTABLISHING THE FATHER'S DEATH SHOULD BE ACCEPTED, WITHOUT ANY OTHER EVIDENCE, AS PROOF OF THE CHILDREN'S DEPENDENCY ON THEIR MOTHER FOR THEIR CHIEF SUPPORT. SINCE PROOF OF THE FACT OF DEPENDENCY IS A MATTER OF EVIDENCE AND THE EFFECT OF THE STATUTORY PROVISION REGARDING CHILDREN OF NAVY NURSES IS TO REQUIRE THE ACCEPTANCE OF EVIDENCE OF THE FATHER'S DEATH AS ESTABLISHING THE CHILDREN'S DEPENDENCY ON THE MOTHER, AND SINCE THE LEGISLATIVE HISTORY OF THE ARMY-NAVY NURSES ACT OF 1947 DISCLOSES THAT IT WAS THE PURPOSE OF THE CONGRESS GENERALLY TO AVOID DISCRIMINATION OR DISPARITY AS TO PAY AND ALLOWANCES MATTERS BETWEEN NAVY NURSES AND ARMY NURSES AND IT SEEMINGLY WOULD BE ABSURD TO CONCLUDE THAT THE STATUTE CONTEMPLATED MORE STRINGENT EVIDENCE REQUIREMENTS RESPECTING THE DEPENDENCY OF CHILDREN OF ARMY NURSES THAN THOSE APPLICABLE IN SIMILAR CASES INVOLVING NAVY NURSES, YOU ARE ADVISED WITH RESPECT TO YOUR FINAL QUESTION THAT PAYMENTS TO MEMBERS OF THE ARMY NURSE CORPS AND THE WOMEN'S MEDICAL SPECIALIST CORPS OF INCREASED ALLOWANCES ON ACCOUNT OF DEPENDENT CHILDREN, SUPPORTED BY EVIDENCE OF THE DEATH OF THE FATHER OF THE CHILDREN, WILL NOT BE QUESTIONED BY THIS OFFICE BECAUSE OF THE LACK OF OTHER EVIDENCE OF DEPENDENCY.