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March 10, 1943

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March 10, 1943 L-43-207 erpinion No. 1943 R.R. 9 M-61 ME MORA N DU M Approved by B.O. 43-136 dated March 16, 1943- TO The Board March 10, 1943 FROM The General Counsel SUBJECT Creditability of Service Performed as a Member of the Women's Army Auxiliary Corps, the Women's Reserve of the Naval Reserve, the Marine Corps Women's Reserve, the Women's Reserve of the Coast Guard Reserve, and the Army Specialist Corps In response to requests from the Chairman and the Director of Retirement Claims, I submit herewith my opinion on the following: QUESTIONS 1. Is service rendered as a member of the Women's Army Auxiliary Corps (WAACS), the Women1s Reserve of the Naval Reserve (WAVES), the Marine Corps Women's Reserve (Marines), or the Women's Reserve of the Coast Guard Reserve (SPARS), creditable toward annuities under the Railroad Retirement Act as "military service"? 2. Is service rendered as a member of the Army Specialist Corps creditable toward annuities under the Railroad Retire­ ment Act as "military service"? CONCLUSIONS 1. Service rendered as a member of the Women's Army Auxiliary Corps (WAACS), the Women's Reserve of the Naval Reserve (WAVES), the Marine Corps Women's Reserve (Marines), and the Women's Reserve of the Coast Guard Reserve (SPARS) constitutes "military service" within the meaning of the Railroad Retirement Act and is creditable toward annuities under that Act, subject to the limitations contained in Section 3A. 2. Service rendered as a member of the Army Specialist Corps does not constitute "military service" within the meaning of the Railroad Retirement Act and is, therefore, not creditable tovrard annuities under that Act. Memorandum to the Board DISCUSSION Section 3A(a) of the Railroad Retirement Act provides that "For the purposes of determining eligibility for an annuity and computing an annuity, including a minimum annuity, there shall also be included in an individual's years of service. .voluntary or involuntary military service of an individual within or without the United States during any war service period, including such military service prior to the date of enactment of this amendment. Pursuant to Section 3A(b) of the Act, "an individual shall be deemed to have been in 'military service' when commissioned or enrolled in the active service of the land or naval forces of the United States and until resignation or discharge therefrom; and the service of any individual in any reserve component of the land or naval forces of the United States for any period, even though less than thirty days, shall be deemed to have been active service in such force during such period," I. The Women's Army Auxiliary Corps, the Women's Reserve of the Naval Reserve, the Marine Corps Women's Reserve, and the Women's Reserve of the Coast Guard Reserve were created pursuant to Acts of Congress for the purpose of enabling the Army, the Navy, the Marine Corps, and the Coast Guard to use women in the performance of certain of their non- combatant functions so that officers and enlisted men might be released for combat duty. Such functions consist of administrative, clerical, fiscal, aircraft warning, pharmaceutical, and similar types of noncom­ batant services of the Army, Navy, Marine Corps, and Coast Guard, respectively, l/ The Women's Army Auxiliary Corps was created pursuant to an Act of May 14, 1942, Public Law 554, 77th Cong., 2d Sess., authorizing the President to establish such a Corps "for noncombatant service with the Army of the United States." The Act provides, in substance, as follows: The Corps shall be administered by the Secretary of War through the channels of command of the Army pursuant to such regulations as he may promulgate. The Secretary of T,’ar is authorized to employ any and all l/ Hearings before Committee on Military Affairs on H.R. 6293) H. of Rep., at p. 10; Hearings before Committee on Military Affairs on H.R. 6293, Sen., at p. 7; Hearings before Committee on Naval Affairs on S. 2527, Sen., at pp. 5, 12, 13; Sen. Rept. No. 1320, 77th Cong., 2d Sess. (1942), at p. 2; H. of Rep. Rept. No. 2523, 77th Cong., 2d Sess. (1942), at pp. 1, 2. -3- Memorandum to the Board of the facilities of the War Department and of the Army of the United States in carrying out the provisions of this Act and to appoint a Director who shall, under the direction of the Chief of Staff of the Army, advise the War Department on matters pertaining to the establish­ ment of the Corps and operate and administer the Corps in accordance •with military procedure and regulations prescribed by the Secretary of War. The enlisted members of the Corps are to consist of female citi­ zens between the ages of 21 and 45 years, and their term of service is to be one year, except that in time of war or national emergency the President may, by order, extend the time of service to include the period of the war or national emergency plus six months. The ranks and pay of the officers and enlisted personnel of the Corps are to corre­ spond generally to those of officers and enlisted personnel of the United States Army, 2/ the highest ranking member of the Corps being the Director, whose rank corresponds to that of a colonel in the United States Army. Members of the Corps, exclusive of officers, are to be furnished with subsistence similar to that furnished to enlisted per­ sonnel of the Army, and Corps officers are to receive allowances towards subsistence at the rate established by law for commissioned officers of the Army holding corresponding ranks. Members of the Corps are also to be provided with quarters either on established Army posts, camps or stations or on those to be established or in such other places as may be directed by the Secretary, who may use any facilities of the Army for such purpose; and if quarters are not available, allowances in lieu thereof may be provided by the Secretary. Members of the Corps are further to be provided with medical and dental services similar to those rendered to Army personnel, and Army facilities may be used for such services. The responsibility and accountability of the various individuals and officers for individual clothing and equipment and for organization equipment and supplies shall conform so far as is practi­ cable to the laws and regulations pertaining to the Army in like cases. The Secretary of War is to prescribe regulations for travel and for the payment of travel allowances similar to those for travel in the Army. Leave of Corps members is to be governed by existing regulations applicable to the Army. Members of the Corps who leave civilian positions with the United States Government to join the Corps 2/ On October 26, 1942, the Act authorizing the creation of the Women's Army Auxiliary Corps was amended (Public Law 7&1, 77th Cong,, 2d Sess,) to provide for increases in pay and allowances for Corps members to correspond with the increases granted to enlisted men and officers of the Army by the Pay Readjustment Act of 1942 (Public Law 607, 77th Cong., 2d Sess., June 16, 1942). -4- Memorandum to the Board arc, upon termination of their period of service in the Corps, to be restored to such positions or to positions of like seniority, status, and pay, Such Corps members shall further be entitled to participate in all benefits pursuant to established rules and practices relating to employees on furlough or leave of absence. Members of the Corps are to be subject to such disciplinary regulations as may be prescribed by the Secretary of War, including provisions for the punishment of major infractions by summary discharge from the Corps, and to the Articles of War pursuant to the Second Article thereof, when applicable. Members of the Corps may be relieved from active duty and recalled thereto at any time during their period of service, in accordance with such regulations as the Secretary of War may prescribe. The Corps is to serve "with" the Army rather than to constitute a part of the Army, but it is to be the only women's organi­ zation authorized to serve with the Army, exclusive of the Army Nurse Corps. The Act authorizing the establishment of the Corps amends the Soldiers and Sailors Civil Relief Act of 1940 by providing that the term "person in military service" in the latter Act shall include "all members of the Array of the United States, the United States Navy, the Marine Corps, the Coast Guard, the Women1s Army Auxiliary Corps, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or the Navy." Section 125 of the National Defense Act, which prohibits any person not an officer or enlisted mem­ ber of the Army, Navy, or Marine Corps from wearing the uniform of any such organization, is also amended by including a like prohibition with respect to the wearing of the Corps uniform. The regulations issued pursuant to the Act authorizing the establishment of the Corps (Title 10— Army: War Department, Sections 79b.l-79b.12; 7 Fed. Reg, 4818 (1942)) provide in part that, in the absence of specific regulations to the contrary, the Corps is to be administered in accordance with Army regulations; that enrollment in the Corps is to be conducted by Army recruiting officers at regular Army recruiting stations; that, due consideration being given to differ­ ence in sex and with the exceptions of height, weight, and chest meas­ urements, the standards prescribed for enlistment for general military service are to apply to enrollment in the Corps; and that Corps mem­ bers are not to be permitted to withdraw from the Corps prior to the expiration of their enrollment periods.
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