B-27558, AUGUST 6, 1942, 22 COMP. GEN. 123
Highlights
- THE SECRETARY OF WAR IS AUTHORIZED TO PERMIT OFFICERS. IS ENTITLED "AN ACT TO ESTABLISH A WOMEN'S ARMY AUXILIARY CORPS FOR SERVICE WITH THE ARMY OF THE UNITED STATES" AND AFTER SETTING OUT IN MORE OR LESS DETAIL THE VARIOUS RIGHTS AND BENEFITS OF THE FEMALE PERSONNEL. PERMISSION TO MAKE ALLOTMENTS IS SPECIFICALLY LIMITED TO OFFICERS. AUTHORITY TO MAKE ALLOTMENTS WAS NOT ONE OF THE BENEFITS EXPRESSLY CONFERRED UPON MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS. THE CORPS IS NOT A PART OF THE ARMY NOR ARE THE MEMBERS THEREOF PERMANENT CIVILIAN EMPLOYEES ON DUTY IN ALASKA OR OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. IT IS NECESSARY TO CONCLUDE. THAT THERE IS NO LEGAL AUTHORITY BY WHICH MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS MAY BE PERMITTED TO MAKE ALLOTMENTS FROM THEIR PAY.
B-27558, AUGUST 6, 1942, 22 COMP. GEN. 123
ALLOTMENTS OF PAY - MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS MAY NOT BE CONSIDERED WITHIN THE CLASS OF PERSONS ENUMERATED IN THE ACT OF MAY 16, 1938, AUTHORIZING THE SECRETARY OF WAR TO PERMIT ALLOTMENTS FROM THEIR PAY BY OFFICERS, MEMBERS OF THE ARMY NURSE CORPS, ENLISTED MEN OF THE ARMY, AND CERTAIN OTHERS, AND, THEREFORE, THEY MAY NOT BE PERMITTED TO MAKE ALLOTMENTS FROM THEIR PAY.
ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, AUGUST 6, 1942:
THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 21, 1942, REQUESTING DECISION WHETHER UNDER THE PROVISIONS OF THE ACT OF OCTOBER 6, 1917, 40 STAT. 385, AS AMENDED, TITLE 10 U.S.C. 894, MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS ESTABLISHED BY THE ACT OF MAY 14, 1942, PUBLIC LAW 554, 56 STAT. 278, MAY BE PERMITTED TO MAKE ALLOTMENTS FROM THEIR PAY FOR DEPENDENTS AND TO INSURANCE COMPANIES.
THE ACT OF MAY 16, 1938, 52 STAT. 354, 10 U.S.C. ( SUPP.) 894, AMENDED THE PRIOR ACT, AS AMENDED, SO AS TO PROVIDE---
THE SECRETARY OF WAR IS AUTHORIZED TO PERMIT OFFICERS, MEMBERS OF THE ARMY NURSE CORPS, CONTRACT SURGEONS, AND ENLISTED MEN OF THE ARMY, ACTIVE OR RETIRED, AND ALSO PERMANENT CIVILIAN EMPLOYEES ON DUTY IN ALASKA OR OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES, TO MAKE ALLOTMENTS FROM THEIR PAY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, FOR THE SUPPORT OF THEIR FAMILIES OR RELATIVES OR FOR OTHER PROPER PURPOSES WHICH IN HIS DISCRETION WARRANT SUCH ACTION.
THE ACT OF MAY 14, 1942, PUBLIC LAW 554, 77TH CONGRESS, IS ENTITLED "AN ACT TO ESTABLISH A WOMEN'S ARMY AUXILIARY CORPS FOR SERVICE WITH THE ARMY OF THE UNITED STATES" AND AFTER SETTING OUT IN MORE OR LESS DETAIL THE VARIOUS RIGHTS AND BENEFITS OF THE FEMALE PERSONNEL, INCLUDING THE PAY, ALLOWANCES, UNIFORMS, LEAVE PRIVILEGES, MEDICAL ATTENTION, DEATH BENEFITS, ETC., SPECIFICALLY PROVIDES IN SECTION 12, 56 STAT. 281, THAT---
SEC. 12. THE CORPS SHALL NOT BE A PART OF THE ARMY, BUT IT SHALL BE THE ONLY WOMEN'S ORGANIZATION AUTHORIZED TO SERVE WITH THE ARMY, EXCLUSIVE OF THE ARMY NURSE CORPS. NURSES MAY BE ENROLLED IN THE CORPS BUT NOTHING IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE ARMY NURSE CORPS AS NOW ESTABLISHED BY LAW.
UNDER THE ACT OF MARCH 2, 1899, AS AMENDED BY THE ACT OF MAY 16, 1938, PERMISSION TO MAKE ALLOTMENTS IS SPECIFICALLY LIMITED TO OFFICERS, MEMBERS OF THE ARMY NURSE CORPS, CONTRACT SURGEONS, ENLISTED MEN OF THE ARMY, AND PERMANENT CIVILIAN EMPLOYEES ON DUTY IN ALASKA OR OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. AUTHORITY TO MAKE ALLOTMENTS WAS NOT ONE OF THE BENEFITS EXPRESSLY CONFERRED UPON MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS; THE CORPS IS NOT A PART OF THE ARMY NOR ARE THE MEMBERS THEREOF PERMANENT CIVILIAN EMPLOYEES ON DUTY IN ALASKA OR OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES; REASONABLY THEY MAY NOT BE CONSIDERED IN THE CLASS OF PERSONS REFERRED TO IN THE LAW PERMITTING THE MAKING OF ALLOTMENTS. IT IS NECESSARY TO CONCLUDE, THEREFORE, THAT THERE IS NO LEGAL AUTHORITY BY WHICH MEMBERS OF THE WOMEN'S ARMY AUXILIARY CORPS MAY BE PERMITTED TO MAKE ALLOTMENTS FROM THEIR PAY.