DECISIONS OF THE COMPTROLLER GENERAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600100002-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: June 15, 2000
• Sequence Number: 2
• Content Type: BOOK

Appro'
.olving violations of statute,
,our consideration and your
of this Department or the
are available for the pal,
i
f
h
t
e invest
o
gators wht
_ion is subpoenaed to appear
:ion is subpoenaed to appea,
witness before a grand jury
-cstigation was conducted by
Federal Bureau of Investt
osecution.
s a witness before a gran
ted in cooperation with the
- report of investigation q?,
-metion with the prosecution,
appreciated.
or officials of the United
:s officially ascertained o
pessary traveling and sub.
paid, in the absence of a
-y (see, for example, the
Secret Service Division,
the regular departmental
I and subsistence expen
former Comptroller Gen.
ilar matter (5 Comp. Gsx
rnment employees who appear
the official duty of the officer,
tness in a case before a com-
=;tigate and find out the facts
appears in such case in hip
acquired, and when there it
an or department where suet
payment of expenses. See 15
en. 101; 18 id. 26.
he provisions of paragraph
to United States Marshals,
the marshal from the appro-
the official duty of the officer.
the investigators to whom
'ormation with respect to
elease 2000/09/01 : CI QP82-00357R000600100002-7
P ? .~
203
.slticlt their testimony is given in the normal course of their activities
employees of the Division of Investigations of your Department.
,.,,is being the case, I have to advise that in each of the four sit-
Uations listed in your letter the payment of travel and subsistence
,enses should be made from the appropriation under which the
xutliorized expenses of other official travel by said employees of your
'I'll
lepartment are made-
(A-84336)
NAMES-PAY ROLLS--MARRIED WOMEN EMPLOYEES
The Government has the right to designate a married woman by the surname
of her husband on pay rolls and checks covering compensation for services
rendered by her, whether or not she elects to use her husband's surname,
nuless and until the name acquired by marriage be changed by appropriate
court action, and there appears no impelling reason for changing the long
established general rule that, when a woman employee of the Government
marries, the surname of her husband Is to be used on the payroll Instead
of her maiden surname, but the General Accounting Office will not object
to the continuance of the use of her maiden name where an employee
continued Its use after her marriage for practically all purposes, and the
administrative office desires the continued use of her maiden name on the
pay rolls. 4 Comp. Gen. 165, amplified.
Cuaaptroller General Brown to the Chairman, Social Security Board, August 15,
1939:
Reference is made to your letter of April 20, 1939, as follows:
on January 30, 1939, we wrote the Acting Comptroller General as follows:
"From time to time women In the employ of the Board who marry make
ul,jcction to the requirement that the records be changed to carry them on the
pay rolls, not under their maiden names, but in the names of their respective
husbands. This Is so In an increasing number of cases since the repeal of
,.+rtion 213 of the Economy Act of 1932. You may recall having written the
former executive director of the Board under date of March 15, 1937, that
ic:ad section 213 would appear to Indicate a reason' why the pay rolls should
the change in name of a woman who marries while in the service, although
a woman who at the time of appointment is married and using her maiden
name may be carried on the pay rolls In such maiden name.
,,In view of the removal of the indicated reason, referred to in your letter
of March 15, 1937, said section 213 having since been repealed, we submit
again the question whether or not pay rolls should show the change In name
of a woman who marries while In the service.
"We are attaching a memorandum discussion in support of the right claimed
ln? Interested parties to retain their maiden names."
To the above submittal letter the Acting Comptroller General on March
10, 1939, replied by a letter which said, among other things:
"Proper audit and accounting of pay rolls and vouchers require that there
Ia' proper Identification of the payee or payees. Customarily, if not by com-
t,+?Iling legal requirements, a married woman takes the surname of her husband
upon maarriage. Identification by such name is simple and that is the purpose
u f the requirement. Therefore, no change will he made in the rules stated in
4 Comp. Gen. 105 and in the decision of March 15. 1937. Whether an exception
might be made in the case of a woman In the Government service who,
r. mwithstanding her marriage, should elect, for good and sufficient reasons, to
-rain her maiden name for all purposes---identification and otherwise-and
'I'll to assume or use her husband's surname for any purpose, is not involved
In the present submission and need not be considered at this time."
One of our employees affected by the above ruling, Miss Doris Carlton, has
n ked for a reconsideration of the question and for a special ruling as to
 204 DECISIONS OF THE COMPTROLLER GENERAL
whether an exception might be made, on the basis of her election to retain
her maiden name for all purposes. The factual reasons upon which she bases
the request are set forth in the attached copy of a memorandum from her
dated March 28, 1939.
Two questions are therefore submitted to you,
1st, whether, on reconsideration, the prior ruling on the general question
may be reversed, and
2nd, if the general question is not reconsidered and reversed, if an exception
might be made in the case of Miss Carlton.
Your letter presents nothing new for consideration relative to the
general question involved, and while, as requested, the matter has
received further consideration, there appear no impelling reasons
for changing the rule or practice which now has been in effect for
over 14 years. Notwithstanding any right a married woman may
have to continue to use and be known by her maiden name, I assume
it would not be questioned that a woman upon her marriage legally
acquires the surname of her husband regardless of whether she does
or does not elect to use it. And unless and until the name thus
acquired be changed by appropriate court action, there would appear
to be no room for reasonable doubt as to the right of the Government
to designate her by that name on pay rolls and checks covering com-
pensation for sei vices rendered by her. Accordingly, your first
question is answered in the negative.
With reference to your second question, a copy of the employee's
memorandum of March 28, 1939, referred to in your letter, is in
pertinent part as follows:
In my case the statement that "Identification by such name is simple" would
be incorrect since I use my maiden name not only at work but also for banking
and other financial purposes, in connection with my professional activities as
a lawyer, and for social purposes.
The Comptroller General states that the question of a married woman who
elects for good and sufficient reasons to retain her maiden name for all pur-
poses "is not involved in the present submission and need not be considered at
this time." I should like to have this question presented to the Comptroller
General for his consideration, since I use my maiden name for all purposes.
As I stated in my memorandum of November 4, 1938, since my marriage (which
occurred on August 10, 1937) I have been employed under my maiden name,
Doris Carlton, I have graduated from law school, r have been admitted to
practice before the District Court of the United States for the District of
Columbia and the United States Court of Appeals, I have purchased a house,
I have been admitted to membership in the Augustana Evangelical Lutheran
Church of Washington, I have given the name of Doris Carlton as the mother
of my child In her baptismal records, I have paid premiums on life insurance
policies, I have taken out fire insurance and other policies, I have maintained
a checking account and savings accounts, I have voted-and all these activities
have been carried on in my maiden name.
The quoted statement "Identification by such name is simple" in
the employee's memorandum is quoted from the decision of March
10, 1939, and refers to identification of a married woman by her
married surname. While, as stated in that decision, reported cases
may be found in which under certain circumstances the use after
marriage of the maiden name of a woman has been upheld, there are
authorities which hold that the correct and legal name of a married
 sis of her election to retain
casons upon which she bases
of a memorandum from her
ing on the general question
and reversed, if an exception
aideration relative to the
,equested, the matter has
ar no impelling reasons
)w has been in effect for
t a married woman may
r maiden name, I assume
pon her marriage legally
lless of whether she does
Lnd until the name thus
,tion, there would appear
right of the Government
Lnd checks covering com-
Accordingly, your first
such name is simple" would
it work but also for banking
ay professional activities as
n of a married woman who
r maiden name for all pur-
id need not be considered at
presented to the Comptroller
iden name for all purposes.
8, since my marriage (which
ed under my maiden name,
1, I have been admitted to
States for the District of
I have purchased a house,
istana Evangelical Lutheran
Doris Carlton as the mother
premiums on life insurance
policies, I have maintained
)ted-and all these activities
such name is simple" in
i the decision of March
married woman by her
decision, reported cases
umstances the use after
t.s been upheld, there are
legal name of a married
For Release 2000/09/01 : CIA-RDP82-00357R000600100002-7
woman is that of her husband-also, as stated in said decision,
customarily,. if not by compelling legal requirements, a married
woman takes the surname of her husband upon marriage. It is,
therefore, not understood how identification of a married woman
by her married surname could in anywise be considered "incorrect,'
even though she may be accustomed to use her maiden surname for
business and social purposes. However, if, . as indicated in the above
quoted memorandum of March 28, 1939, this employee has continued
to use her maiden name rather than the surname of her husband for
practically all purposes since her marriage in August 1937, and if it
be the desire of your Board that her name continue to be shown on the
pay rolls as Doris Carlton, this office will not object thereto.
(B-5191)
PAY-RETIRED-REAR ADMIRAL OF THE NAVAL RESERVE
An. officer appointed to the grade of rear admiral in the Naval Reserve is en-
titled upon transfer to the honorary retired list created by section 309 of
the Naval Reserve Act of 1038, 52 Stat. 1183, to retired pay computed under
section 310 of the said act and "at the rate of 50 per centum" of the
active-duty pay of a rear admiral of the lower half if otherwise within the
requirements of section 310 of the said act.
Assistant Comptroller General Elliott to the Secretary of the Navy, August 15,
1939:
There has been received your letter of July 25, 1939, as follows:
In the Acting Comptroller General's decision of June 19, 1939, 13-3084, it was
held that the pay of the one officer of the grade or rank of rear admiral
allowed in time of peace in the U. S. Naval Reserve, in accordance with
section 308 of the Naval Reserve Act of 1938 (52 Stat. 1182; 34 U. S. Code,
Sup. IV, sec. 855e), was "limited to that of a commodore or real [rear] ad-
miral of the lower half."
The above-mentioned decision raises the further question as to whether the
officer appointed to the grade of rear admiral in the U. S. Naval Reserve in
time of peace will, upon transfer in such grade to the honorary retired list
established by section 309 of the Naval Reserve Act of 1938, be deprived of
retired pay as provided In section 310 of said Act, to which retired pay be
would have been entitled if serving in the grade of captain at the time of
such transfer.
Section 310 of the Naval Reserve Act of 1938 provides for payment of re-
tired pay to certain officers on the honorary retired list "at the rate of 50
per centum of their active duty rate of pay as prescribed in section 7, title I,
of this act."
However, the first paragraph on page 0 and the last paragraph on page 7
of the decision of June 19, 1939, raise a doubt as to whether section 7 of the
Naval Reserve Act of 1938 makes any provision for the pay of a Naval Reserve
officer in the grade of rear admiral, since the determination therein that a
Naval Reserve rear admiral is entitled to a certain rate of pay appears to be
based on other sections of said net and provisions of prior laws.
In view of the foregoing, your decision is requested as to whether an officer
appointed to the grade of rear admiral in the U. S. Naval Reserve, pursuant
to the terms of section 30ti of the Naval Reserve Act of 1038, will, upon transfer
to the honorary retired list of the U. S. Naval Reserve and assuming that he
otherwise comes within the active service requirements to entitle him to receive
retired pay as provided In section 310 of said act, be entitled to retired pay on
the honorary retired list of the U. S. Naval Reserve "at the rate of 50 per