Major Julia O. Flikke has received a temporary commission as a colonel in the Army of the United States. Her assistant, Captain Florence A. Blanchfield, has received a temporary commission in the grade of lieutenant colonel.

Despite the appointment, neither receives the pay of that grade, as these women are not “persons” in the sense of the law under which they were promoted.

Highlights “RELATIVE RANK” ARE FIXED BY STATUTE IS NOT ENTITLED TO THE PAY AND ALLOWANCES OF A COLONEL IN THE ARMY OF THE UNITED STATES. TO WHICH OFFICE SHE WAS APPOINTED. AS FOLLOWS: ATTACHED HERETO IS A VOUCHER IN FAVOR OF COLONEL JULIA O. ” THIS APPOINTMENT IS IN ADDITION TO YOUR APPOINTMENT AS SUPERINTENDENT OF THE ARMY NURSE CORPS. THE DUTIES OF WHICH OFFICE YOU WILL CONTINUE TO PERFORM.’. THE UNDERSIGNED IS IN DOUBT AS TO WHETHER COLONEL FLIKKE IS ENTITLED TO THE PAY AND ALLOWANCES OF A COLONEL. YOUR DECISION IN THE MATTER IS RESPECTFULLY REQUESTED. ENCLOSED WITH YOUR SUBMISSION IS A COPY OF A “TEMPORARY APPOINTMENT” OF MARCH 13. BY DIRECTION OF THE PRESIDENT YOU ARE TEMPORARILY APPOINTED IN THE ARMY OF THE UNITED STATES.

B-25771, JUNE 1, 1942, 21 COMP. GEN. 1073

TEMPORARY APPOINTMENTS IN ARMY OF THE UNITED STATES – SUPERINTENDENT OF ARMY NURSE CORPS; WOMEN GENERALLY THE AUTHORITY IN THE ACT OF SEPTEMBER 22, 1941, TO MAKE TEMPORARY APPOINTMENTS AS OFFICERS IN THE ARMY OF THE UNITED STATES “FROM AMONG QUALIFIED PERSONS” REFERS TO AND CONTEMPLATES MEN EXCLUSIVELY, AND MAY NOT BE REGARDED AS AUTHORITY FOR COMMISSIONING WOMEN AS OFFICERS IN THE ARMY OF THE UNITED STATES. THE SUPERINTENDENT OF THE ARMY NURSE CORPS WHOSE PAY, ADDITIONAL MONEY ALLOWANCE, AND “RELATIVE RANK” ARE FIXED BY STATUTE IS NOT ENTITLED TO THE PAY AND ALLOWANCES OF A COLONEL IN THE ARMY OF THE UNITED STATES, TO WHICH OFFICE SHE WAS APPOINTED, IN ADDITION TO HER APPOINTMENT AS SUPERINTENDENT OF THE ARMY NURSE CORPS, UNDER COLOR OF THE AUTHORITY IN THE ACT OF SEPTEMBER 22, 1941, TO MAKE TEMPORARY APPOINTMENTS AS OFFICERS IN THE ARMY OF THE UNITED STATES “FROM AMONG QUALIFIED PERSONS.’

THE ACT OF SEPTEMBER 22, 1941, PUBLIC LAW 252, 77TH CONGRESS, PROVIDES THAT,” DURING THE PRESENT EMERGENCY, TEMPORARY APPOINTMENTS AS OFFICERS IN THE ARMY OF THE UNITED STATES MAY BE MADE, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, FROM AMONG QUALIFIED PERSONS WITHOUT APPOINTING SUCH PERSONS AS OFFICERS IN ANY PARTICULAR COMPONENT OF THE ARMY OF THE UNITED STATES. * * * PROVIDED FURTHER, THAT ANY PERSON APPOINTED AS AN OFFICER IN THE ARMY OF THE UNITED STATES UNDER THE PROVISIONS OF THIS ACT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AND BE ENTITLED TO THE SAME RIGHTS, PRIVILEGES, AND BENEFITS AS MEMBERS OF THE OFFICERS’ RESERVE CORPS OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE.’

THE INESCAPABLE CONCLUSION FROM THE FOREGOING IS THAT THE WORD “PERSON” AS USED IN THE JOINT RESOLUTION OF SEPTEMBER 22, 1941, REFERRED TO AND CONTEMPLATED MEN EXCLUSIVELY— MEN WHO CAN OTHERWISE MEET THE ELIGIBILITY REQUIREMENTS FOR APPOINTMENT AS OFFICERS IN THE UNITED STATES ARMY— AND THAT IT DOES NOT INCLUDE WOMEN OR AUTHORIZE THEIR APPOINTMENT AS OFFICERS IN THE UNITED STATES ARMY. HAD THE CONGRESS PURPOSED SO REVOLUTIONARY AN UPSET OF THE ESTABLISHED MILITARY POLICY AND PRACTICE OF 150 YEARS OR MORE — TO EFFECT A “CHANGE SO MOMENTOUS AND FAR REACHING” AS COMMISSIONING WOMEN AS OFFICERS OF THE ARMY OF THE UNITED STATES, IT MOST ASSUREDLY WOULD NOT HAVE DONE SO “BY SO FURTIVE A PROCESS,” AS “THE UNGUARDED USE OF A SINGLE WORD” BUT WOULD HAVE DECLARED SUCH A PURPOSE IN UNMISTAKABLE TERMS, IN LANGUAGE SO PRECISELY ACCURATE AS TO LEAVE NO ROOM FOR DOUBT AND NO NECESSITY FOR ANY “REMOTE INFERENCE” TO THAT EFFECT.

Source: Office, U.S. Government Accountability. “B-25771, June 1, 1942, 21 Comp. Gen. 1073.” U.S. GAO, US Government Accountability Office, 1 June 1942, www.gao.gov/products/b-25771-0.