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Page | CLAIMS-Continued.
for payment without imposing on such Arising in prior enlistments-Continued
merchants and patrons the usual check-

Claims for quarters allowance for
cashing charge.....


Delivery-assigned claims-where the as-

Direct settlement v. payment by
signment of amount due under a bill of

bursing officer--Continued.
lading may not be recognized under As.

of dependency, and if claimant
signment of Claims Act of 1940 because

found entitled to benefits of the :
amount is less than $1,000, payment should

payment may be made by dish!
be made in the name of the transportation

ing officer for entire period of clai
company and the check mailed in care of

While general rule is that disburs


officers shall pay items of peys

allowances to enlisted men in t1

current enlistment only, such r
Alien employment restrictions. See Aliens,

will be relaxed to permit payment
service in military, etc., forces.

disbursing officers of proper clai
Attributes discussed...


for money allowance authorized

act, Oct. 17, 1940, for quarters

dependents involving periods
Status acquisition-accounting officers' ju-

both prior and current enlistmer.
risdiction--General Accounting Office has

where men are now in service si
no jurisdiction or authority to fix or deter-

there was no break in servire !
mine conditions for acquiring competitive

tween prior and current enlistmen:
classified civil service status--whether in

Jurisdiction--in general-general rule
same or different position or whether posi-

that disbursing officers shall pay itec
tion in which such status may be acquired

of pay and allowances to enlisted men
is within or without scope of Classification

their current enlistment only
Act of 1923


Transfers-exempted positions to positions

Bills of lading. See Claims, assignment
under-initial salary rate--while decisions

contracts, bills of lading.
of this office regarding Classification Act of

1923 have held that employees transferred,

Bills of lading:
etc., from classified or unclassified posi-

Aggregate amount

tions to cassified positions need not be ap-

amounts-where carrier has
pointed at minimum salary rate of grade,

signed all moneys due for freigh:
employees already in Federal service under

on a vessel, and Govt, bills of Isdin
appointment made without regard to civil

representing numerous shipment
service laws, when acquiring competitive

on the vessel constitute the on):
classified civil service status, must be ap-

contract for the transportation, th:
pointed, under existing civil service regu-

assignment may be recognized
lations, at minimum salary rate of grade in

under Assignment of Claims Act
which position has been allocated.


1940, only with respect to each such

bill of lading which involves a par

ment of $1.000 or more
Appointment matters generally. See Ap-

Status as a contract for assignment

purposes-Govt. bill of lading con-
Classification matters generally. See Clas-

stitutes a contract for transportation

of the goods involved and as such
Personnel Classification Board-classifica-

comes within authority in Assign-
tion matters generally. See Classification.

ment of Claims Act of 1940 to assim

moneys due or to become due "under

a contract providing for payments
Arising in prior enlistments:

aggregating $1,000 or more.".
Clairns for quarters allowance for de-

Check payees and delivery-where the

assignment of amount due under a bill
Direct settlement v. payment by dis-

of lading may not be recognized under
bursing oflicer:

Assignment of Claims Act of 1940 be.
Clainis received in General Account-

cause amount is less than $1,000, par.
ing Office from enlisted men now in

ment should be made in the name of
service for money allowance author-

the transportation company and the
ized by act, Oct. 17, 1940, for quarters

check mailed in care of assignee......
for dependents involving periods in

Permissible assignees—insurance com-
both a prior and current enlistment

panies-an individually owned insur-
between which there was no break

ance Agency not regularly engaged in
in service will be transmitted to

business of financing, apart from such
department concerned for determi-

credit as may be extended to those
nation, under authority conferred

with whom it deals in connection with
by sec. 10, act, Mar. 7, 1942, of fact

and as incidental to carrying on of its



Page | CLAIMS-Continued.


Presentation, hearings, etc.-Continued.

In general-Continued.
primary business, is not a "financing

Where reasonable notice and oppor-
institution" within meaning of Assign-

tunity to be heard was given a claimant
ment of Claims Act of 1940..


whose claim against U. S. was denied
Basic manner of payment-amounts due

by this office, there has been no denial
creditors of U.S. on accounts arising from

of an adequate hearing such as is con-
transactions of Govt. departments and

templated by the due process clause
establishments may be paid either by dis-

of the Fifth Amendment to the Consti-
bursing officers-from advances of appro-

tution of the United States.

priation-on their personal and bonded Reporting to Congress-lapsed appropria-
responsibility prior to examination and

tions. See Claims, lapsed appropriations,
settlement of accounts by G. A. O., or may

reporting to Congress.
be paid as claims upon certificate of G. A.

Settlements. See General Accounting Office,
0. under sec. 7, Dockery Act, as amended,

following examination of accounts by G.

Unpaid laborers, materialmen, etc. See
A. 0..

Contracts, payments, claims of unpaid

laborers, material men, etc.
By the United States-debt collection. See

General Accounting Office, debt collection, CLASSIFICATION:

Additional positions--allocation action non-
Jurisdiction-General Accounting Office.

necessity rule-additional identical pos-
See General Accounting Office, jurisdiction,

tions, having identical duties and respon-

sibilities as positions already allocated by
Lapsed appropriations:

Civil Service Commission, do not require
Jurisdiction--act, July 7, 1884, and prior

allocation action. See 9 Comp. Gen. 101;
laws, recognized jurisdiction of account-

11 id. 321...

ing officers to settle and allow claims

“Base pay" defined-per annum “base pay"
under appropriations the balances of

of employee whose permanent position in
which had been carried to surplus fund..


field service is within scope of Classifica-
Reporting to Congress--indefinite amount

tion Act of 1923, as amended, may be any
appropriations--provision of act, June

of annual salary rates prescribed by said
20, 1874, as amended, requiring all unex-

act for grade or salary range in which posi-
pended balances of appropriations which

tion has been administratively allocated
shall have remained on books of Treas-

pursuant to Brookhart Salary Act. See
ury for two fiscal years to be carried to

21 C. G. 205..

surplus fund of the Treasury, is appli-

Custodial Service employees of P. O. Dept.,
cable to an indefinite appropriation, that

generally-discussion of erroneous com-
is, an appropriation made for a particu-

pensation schedules adopted by P. O.
lar fiscal year but indefinite as to amount,

Dept. for Custodial Service positions
and therefore, & claim may not be paid

which are subject to Classification Act, as
under such a lapsed appropriation but is


for reporting to Congress for an appro-

Departmental agencies transferred outside
priation for its payment as a certified

Dist. of Col.-Civil Service Commission

jurisdiction in general-jurisdiction and
Unavailability for claim payments-in-

allocating authority of the Civil Service
definite amount appropriations-provi-

Commission continues over positions in
sion of act, June 20, 1874, as amended, re-

departmental offices transferred to loca-
quiring all unexpended balances of ap-

tions outside of the District of Columbia.. 649
propriations which shall have remained

Field Service:
on books of Treasury for two fiscal years

Chauffeurs-removal from purview of
to be carried to surplus fund of the

Classification Act-where proper admin-
Treasury, is applicable to an indefinite

istrative action has been taken, there
appropriation, that is, an appropriation

is no objection to eliminating the position
made for a particular fiscal year but in-

of truck driver, heavy duty, in the field
definite as to amount, and, therefore, &

service of the Ordnance branch of the
claim may not be paid under such a

War Dept. from the purview of the
lapsed appropriation..

Presentation, hearings, etc.:

Custodial Service - Post Office buildings--
In general:



Classification Act..

salary rates of custodial employees of
Sec. 236, R. S., as amended, under which

P. 0. Dept. are required to be fixed in
General Accounting Office is author.

accordance with Classification Act of
ized to settle and adjust claims against

1923, as amended...

the U.S., does not provide for hearings

Truck drivers-removal from purview of
and prescribes no definite form of pro-

Classification Act--where proper admin-
cedure for the presentation and settle-

istrative action has been talon
ment of claims.



Field Service-Continued.

Positions outside United States-Con.
of truck driver, heavy duty, in the field

Effect of employee's citizenship status ar
service of the Ordnance branch of the

place of hire-Continued.
War Dept. from the purview of the

which citizens of the United States are
Classification Act...


recruited" and which are located in cer-
Initial allocation of existing positions

tain areas outside U. S., it once has
effective date--general rule-rule that

been determined that a position is cor-
change in classification grade and compen-

ered by the Exec. order and the allocs.
sation rate pursuant to reallocation of posi-

tion made, neither allocation ol
tion approved by Civil Service Commis-

position nor payment of salary difler-
sion is effective from beginning of pay

ential in that grade is affected by
period current when notice of Commis-

citizenship status of an individual
sion's approval is received in administra-

tive office is applicable, also, to first alloca-

Initial allocation of existing positions-
tion of positions previously occupied but

effective date-rule that allocation or
not theretofore required to be allocated.--- 947

reallocation of position approved by
National Capital Park and Planning Com.

Civil Service Commission is effective
mission personnel applicability in general

from beginning of pay period current
-whilo National Capital Park and Plan.

when notice of approval is received in
ning Commission has statutory authority

administrative office should be applied
to fx salary rates of its personnel without

to the allocation or reallocation of posi-
regard to Classification Act, it is within the

tions within purview of Exec. Order
discretion of said Commission to adopt

8955, extending classification act to and
administratively Classification Act grades

establishing & salary differential for,
and salary rates, but the Civil Service

civilian positions in War and Navy
Commission's approval of the allocation

Depts. in certain areas outside U. 8.,
of the positions must be obtained in order

and the salary differential, as well as the
to bring the position within said act..... 541 allocation or reallocation, will be effective
National Capital Park and Planning Com-

from beginning of such pay period..
mission personnel prior to acquiring civil

Native schedule positions and American
service status-it is unnecessary for N&-

citizen class of positions-ase of words
tional Capital Park and Planning Com.


for which citizens
mission to await covering of positions of its

of the United States are recruited" in
personnel into competitive classified civil

Exec. Order 8955, extending classifica-
service before taking action to bring such

tion act to civilian positions in War and
positions within the Classification Act---- 841 Navy Depts. in certain areas outside
Position and not tenure of incumbent as

U. 8. and establishing a salary differen-
determinative of necessity for-since term

tial therefor, has effect of excluding those
"position" is defined by Classification Act

classes of positions which theretofore bed
to mean "a specific civilian office or em-

been filled by natives paid under dative
ployment, whether occupied or vacant,"

schedules, and of including only those
all positions otherwise within purview of

classes of positions duties of which usual-
act must be classified regardless of tenure of

ly are performed by American citizens
individual incumbent, whether perma-

question of category in which a parti-
nent, temporary or part time..

1067 cular class falls being for determination
Positions outside United States:

by administrative office concerned and
Effect of employee's citizenship status or

Civil Service Commission......
place of hire:

New positions:
Provisions of act, Nov. 26, 1940, and

Compensation rate payable pending al-
Exec. Order 8955, extending provisions

location of position:
of classification act to civilian positions

Where final allocation action by Civil
in War and Navy Depts. in certain

Service Commission with respect to
areas outside U. 8. and establishing a

certain positions in War and Navy
salary differential therefor, relate ex-

Depts. outside U. 8., to which posi.
clusively to classification of positions

tions the classification act has been
rather than to the qualification of

extended by Exec. Order 8955, is
individual employees, and, therefore,

delayed for extended periods due to
neither citizenship status of an indi.

distances and other circumstances
vidual, nor whether hired locally or

involved, no objection will be made
elsewhere, has any bearing upon the

to administrative establishment of
allocation or fixing of salary rate to

tentative salary rates, subject to
include differential...


subsequent adjustment, to be paid
Where, under Exec. Order 8955, extend-

pending the final allocation action.. 047
ing classification act to, and establish-

Where, notwithstanding general rule
ing salary differential for, civilian posi.

that new position, as distinguished
tions in War and Navy Depts. "for

from identical additional one, should


Page | CLASSIFICATION-Continued.

Positions outside United States-Con.

New positions-Continued.

Initial salary rates--Continued.
Compensation rate payable pending al-

in-grade salary advancement under
location of position-Continued.

act of Aug. 1, 1941, while still serving
be allocated prior to an appoint-

a “trial period" in a new position, and
ment thereto, appointments are nec-

who fails to meet the requirements of
essarlly made during present war

such new position may be transferred
emergency prior to final allocation

to duties allocated in a higher or lower
action by Civil Service Commission,

grade, in which event his initial salary
no payment of salary should be

rate would be controlled by rules
made, if delay be short, until salary

stated in prior decisions of the Comp-
rate legally payable based on the

troller General....

allocation shall have been deter.

Temporary census employees retrans-


ferred to permanent rolls--a nonclassi-
Reallocation-effective date-rule that

fed temporary census employee re-
allocation or reallocation of position ap-

stored under special provisions of sec. 3, 386
proved by Civil Service Commission is

act, June 18, 1929, to a former perma-
effective from beginning of pay period

nent position status on the Census
current when notice of approval is re-

Bureau permanent roll is entitled,
ceived in administrative office should be

contrary to rule generally applicable
applied to the allocation or reallocation

to transfers from nonclassified to classi.
of positions within purview of Exec.

fied positions, to be restored not on
Order 8955, extending classification act

basis of his salary status in the tempo-
to and establishing a salary differential

rary position but on basis of his previ-
for, civilian positions in War and Navy

ous permanent-roll salary status, plus
Depts. in certain areas outside U. S.,

any increase to which he would have
and the salary differential, as well as the

been entitled by operation of law had
allocation or reallocation, will be effec-

he remained on the permanent roll... 386
tive from beginning of such pay period.. 947

Unclassified to classified positions a
Postal Service applicability generally-term

nonclassified temporary census em-
"employments in the Postal Service,"

ployee restored under special provisions
as used in sec. 2, Classification Act of 1923,

of sec. 3, act, June 18, 1929, to a former
specifying exceptions to Act, does not in-

permanent position status on the Cen.
clude all employments under P. O. Dept.;

sus Bureau permanent roll is entitled,
and such exceptions relate only to positions

contrary to rule generally applicable
in Postal Service for which salary rates

to transfers from nonclassified to
were fixed in Postal Service Reclassifica-

classified positions, to be restored not
tion Act of 1925, or in other statutes relat-

on basis of his salary status in the
ing to Postal Service ...


temporary position but on basis of his
Prior to acquiring of civil service status--it is

previous permanent-roll salary status,
unnecessary to await covering of position

plus any increase to which he would
into competitive clossified civil service

have been entitled by operation of law
before taking action to bring such positions

had he remained on the permanent
within the Classification Act......


Reallocations-administrative record keep-

ing of those occurring during military
service of employees-no objection to ad- See also, Personal furnishings.
ministrative recording of changes in status Burial purposes—War Dept. personnel
of employees on military duty who, when

where a deceased person entitled to the
restored to their civilian positions, under

benefits of the act of May 17, 1938, author.
existing law will be entitled to benefit of

Izing appropriations to be made for funeral
any reallocation of their positions, and

expenses of certain Army and War Dept.
who, under Exec. Order 8882, saving to

personnel, leaves no available outer cloth-
them "without loss of seniority" the

ing with which to clothe his remains, the
right to within-grade salary advancements

appro. made by the War Dept. Civil
authorized by act, Aug. 1, 1941, will be en.

Appro. Act, 1942, under heading "Ceme-
titled to any automatic promotions that

terlal Expenses" to carry out purposes of
would have accrued to them during their

said act of May 17, 1938, is available for the
absence had they remained in civilian serv.

purchase of suitable clothing for this pur.
ice. 20 C. G. 789, amplified..

1007 pose, including articles of uniform for

Army officers who die while in active
Initial salary rates:


Employee unqualified for detailed posi- Civilian-on discharge--applicability of
tion after automatic promotion-an

Navy provisions to Coast Guard personnel
employee who has been given a with.

-al though Coast Guard at present is

Page | CLOTHING-Continued.

operating as part of Navy, appros. in act

of Feb. 7, 1942, for Coast Guard are sep-

arate from appros. in same act for the

Gratuitous issuance-Continued.
naval service, so that provision of said act

Navy Nurse Corps-unless and until
increasing value of civilian clothing author-

there is definite and specific statu-
ized by sec. 125, act of June 3, 1916, as

tory provision therefor, members
amended, to be furnished Navy enlisted

of the Navy Nurse Corps (female)
men upon discharge otherwise than

may not be gratuitously issues
honorably does not operate to increase

clothing in excess of that upun
value of civilian clothing that may be

which appropriations have been
furnished Coast Guard enlisted men under

based since the act of Jan. 22, 1923,
said section when similarly discharged...-- 890

which for the first time prorided

for the authorized issue of clothing
Burial purposes-Army personnel--where

and equipment to members of sai
a deceased person entitled to the benefits

Nurse Corps
of the act of May 17, 1938, authorizing

Officers' Reserve Corps;
appropriations to be made for funeral er.

Commissioned more than 3 years prior
penses of certain Army and War Dept.

to uniform allowance authoriza-
personnel, leaves no available outer

tion--member of Officers' Reserve
clothing with which to clothe his re-

Corps commissioned more than 3
mains, the appro. made by the War

years prior to either Sept. 26, 1941, O
Dept. Civil Appro. Act, 1942, under

uniform and equipment allowance
heading "Cemeterial Expenses" to carry

act of May 14, 1940, who was accepte!
out purposes of said act of May 17, 1938, is

for extended active duty either prit
available for the purchase of suitable

to subsequent to Sept. 26, 1941, and
clothing for this purpose, including

who has received no allowance for
articles of uniform for Army officers who

uniforms and equipment, is entitled
die while in active service


or receive active-duty uniform and
Naval reservists:

equipment allowance authorized by
Issuance authority applicability to Fleet

first proviso of sec. 2, act, Mar. 9, 1942.
Reserve---right under Title III, sec.

if he has otherwise met terms of the
303, Naval Reserve Act of 1938 to an

issue of uniforms, etc., upon first re-

Commission, promotion, etc., abore
porting for active duty in time of war

grade of captain:
or national emergency is limited to

Active-duty uniform and equipment
members of components of Naval

allowance authorized by sec. 2, act,
Reserve mentioned in heading of said

Mar. 9, 1942, for members of Officers'
Title III, namely, the Organized Re-

Reserve Corps commissioned prior
serve, Merchant Marine Reserve, and

to Sept. 26, 1941, is not limited by
Volunteer Reserve, and, therefore,

provision of said section authorizing
members of the Fleet Reserve are not

payment of allowance to officers of
entitled to issue of uniforms, etc., pro-

Army of U. S. "originally commis
vided therein.


sioned below the grade of major" on
Peacetime allowance payment when re-

or subsequent to Sept. 26, 1941, so
porting in time of war or national

that a Reserve officer commissioned
emergency-upon first reporting for

above grade of captain prior to Sept.
duty in time of war or national emer-

26, 1941, or promoted or reappointed
gency at a location where uniforms are

above such grade, without a break
required to be worn, commissioned

in service, either prior or subsequent
and warrant officers of the Naval

to that date, may receive the allow.
Reserve who have not previously re-

ance if otherwise entitled thereto .. 1
ceiveu the $100 peacetime uniform al-

Member of Officers' Reserve Corps
lowance authorized by sec. 302, Naval

who was commissioned below grade
Reserve Act of 1938, are entitled to that

of major prior to Sept. 26, 1941, but
allowance as well as to the further sum

after break in service was appointed
of $150 authorized by the same section

in gr de above grade of captain on of
for the purchase of required uniforms

subsequent to that date, is not
when first reporting for active duty in

entitled to the active-duty uniforma
time of war or national emergency.... 739

and equipment allowance author

ized by sec. 2, act, Mar. 9, 1942, for
Gratuitous issuance:

Reserve officers commissioned prior
Army Nurse Corps-discussion of the

to Sept. 26. 1941, and for persons
origin and history of the gratuitous

originally commissioned in Army of
issuance of clothing to members of

U. 8. below grade of major on or
the Army Nurse Corps (female).... 702

subsequent to that date

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