CLOTHING-Continued.

Uniforms-Continued.

Officers' Reserve Corps-Continued.
Effect of prior training periods:
Deductions from current payments for

prior training periods:

Sec. 1, act, Mar. 9, 1942, dispensing
with requirement in act, May 14,
1940, that members of Officers'
Reserve Corps be required to
wear uniforms as condition to
receipt of $50 uniform and equip-
ment allowance for each of the 3
active-duty training periods for
which payment is authorized
therein, is not retroactive, but in
determining whether a member is
to be paid the allowance for such
training periods subsequent to
Mar. 9, 1942, the periods prior to
that date, whether or not uniforms
were required to be worn, must
be deducted from the total of 3
for which payment is provided... 1026
Second proviso of sec. 2, uniform and
equipment allowance act of Mar.
9, 1942, to effect that any $50 pay-
ments which have been made to
Officers' Reserve Corps officer
under sec. 1 shall be deducted
from $150 payment authorized
by sec. 2 thereof, includes pay-
ments under act, May 14, 1940,
since said sec. 1 is reenactment of
act, May 14, 1940, with modifica-
tion.
While active-duty uniform and
equipment allowance of $150 au-
thorized by first proviso of sec. 2,
act, Mar. 9, 1942, for certain mem-
bers of Officers' Reserve Corps is,
under terms of said section, sub-
ject to being reduced by any
amounts paid under sec. 1 of the
act, or under act, May 14, 1940,
which authorize for such officers
a uniform and equipment allow-
ance of $50 for each of 3 periods of
active duty training, it should not
be reduced by $50 for each of one or
two periods of such training com-
pleted prior to May 14. 1940, for

1026

which payment has not been made. 1026
Training periods in which uniform
was not required to be worn-under
first proviso of sec. 2 of uniform and
equipment allowance act of Mar. 9,
1942, specifying that member of
Officers' Reserve Corps shall not
have "completed his first three
periods of active duty training of
three months or less in separate fiscal
years
as 8 condition
to payment of allowance provided
therein, a period of active duty train-
ing of less than 3 months during

Uniforms-Continued.

Page

serve Corps commissioned prior
to Sept. 26, 1941, and accepted for
active duty either prior or sub-
sequent to that date, may have
completed one or two periods of
active duty training of 3 months
or less prior to uniform and equip-
ment allowance act of May 14, 1940,
he may receive, if otherwise quali-
fied, the active-duty uniform and
equipment allowance authorized
by sec. 2, act, Mar. 9, 1942, for
Reserve officers commissioned
prior to Sept. 26, 1941, who have
received or would have been en-
titled to receive the allowance
authorized by act of May 14, 1940 1026
Under first proviso of sec. 2 of uni-
form and equipment allowance
act of Mar. 9, 1942, specifying that
member of Officers' Reserve Corps
shall not have "completed his
first three periods of active duty
training of three months or less
in separate fiscal years

as a condition to payment of allow-
ance provided therein, a period of
active duty training of less than 3
months during which uniform was
not required to be worn should be
counted in determining whether
an officer has served the 3 periods
mentioned, and this is so even
though the duty may have been
performed prior to uniform and
equipment allowance act of May
14, 1940.
General immateriality of whether orders
to extended active duty were prior or
subsequent to Sept. 26, 1941-whether
Officers' Reserve Corps officer, com-
missioned prior to Sept. 26, 1941, was
accepted for active duty in excess of
3 months prior or subsequent to Sept.
26, 1941, does not affect answers to
questions covered by pars. 1, 3, 4, and
5, of syllabus of involved decision as
to rights of Officers' Reserve Corps
officers to uniform and equipment al-
lowances authorized by act, Mar. 9,
1942...

1026

1026

CLOTHING-Continued.

Uniforms-Continued.

Officers' Reserve Corps-Continued.
Reappointment:

1026

Member of Officers' Reserve Corps
who completed under his original
appointment 3 periods of active
duty training of 3 months or less in
separate fiscal years, and who was
reappointed either prior or subse-
quent to Sept. 26, 1941, in another
branch of service under which he
completed no tours of active duty,
is not entitled upon entry on extend-
ed active duty to uniform and equip-
ment allowance authorized by sec.
2, act, Mar. 9, 1942, for Reserve
officers commissioned prior to Sept.
26, 1941, and for persons originally
commissioned on or subsequent to
that date in Army of U. S..
Member of Officers' Reserve Corps
who, prior to either uniform and
equipment allowance act of May 14,
1940, or Sept. 26, 1941, was reap-
pointed after having allowed his
original commission to lapse, or who,
after having been originally appoint-
ed, was commissioned in same or
higher grade without break in serv.
ice, and who was accepted for ex-
tended active duty either prior or
subsequent to Sept. 26, 1941, is en-
titled, if otherwise qualified, to
active-duty uniform and equipment
allowance authorized by sec. 2, act,
Mar. 9, 1942, for Reserve officers com-
missioned prior to Sept. 26, 1941. 1026
Member of Officers' Reserve Corps

who was reappointed in Regular
Army prior to Sept. 26, 1941, is not
entitled to active-duty uniform and
equipment allowance authorized by
sec. 2, act, Mar. 9, 1942, for Reserve
officers commissioned prior to Sept.
26, 1941, who are accepted for active
duty under their commissions, and
for persons who are originally com-
missioned in Army of the U. S. on or
subsequent to Sept. 26, 1941, regard-
less of whether he had completed
any periods of active duty training
of 3 months or less under his Reserve
commission..
Recommissioning in same or higher
grade without break in service-
member of Officers' Reserve Corps
who, prior to either uniform and
equipment allowance act of May 14,
1940, or Sept. 26, 1941, was reappointed
after having allowed his original com-
mission to lapse, or who, after having
been originally appointed, was com-
missioned in same or higher grade
without break in service, and who was
accepted for extended active duty

1026

Officers' Reserve Corps-Continued.
either prior or subsequent to Sept. 2,
1941, is entitled, if otherwise qualified,
to active-duty uniform and equipment
allowance authorized by sec. 2, act,
Mar. 9, 1942, for Reserve officers com-
missioned prior to Sept. 26, 1941..
Retroactivity of act of Mar. 9, 1942-
sec. 1, act, Mar. 9, 1942, dispensing
with requirement in act, May 14, 1940,
that members of Officers' Reserve
Corps be required to wear uniforms ss
condition to receipt of $50 uniform and
equipment allowance for each of the 3
active-duty training periods for which
payment is authorized therein, is not
retroactive...----

Status of first proviso of section 2, act,
Mar. 9, 1942, as independent enact-
ment-first proviso of sec. 2, act, Mar.
9, 1942, authorizing under certain con-
ditions uniform and equipment sllow-
ance for members of Officer's Reserve
Corps commissioned prior to Sept. 26,
1941, is independent enactment from,
and does not constitute exception to.
enacting clause of said section, author-
izing under certain conditions similar
allowance for persons originally com
missioned in Army of U. S. on or sub-
sequent to Sept. 26, 1941.....
Reenlistment-turning in of uniform in
prior enlistment-Navy enlisted man
who received full clothing outfit on first
enlistment, and who was required to
turn in all uniform outer clothing upon
discharge prior to expiration of such en-
listment, may not be considered as having
refunded value of such clothing within
meaning of act of Mar. 3, 1915, and,
therefore, is not entitled under the act
to a gratuitous issue of clothing upon re-
enlistment..

Retired naval reservists-officers, now on
active duty, who were retired under acts
of June 4, 1920, and July 12, 1921, for dis-
ability incurred while on active duty in
time of war as members of Naval Reserve
Force established under act of Aug. 29,
1916, are not entitled to uniform gratui-
ties provided by sec. 302 of the Naval
Reserve Act of 1938.
Undrawn:

Cash payments:

Prior to discharge- Marine Corps
appro. for fiscal year 1942 for "un-
drawn clothing" is available for pay-
ment, prior to actual discharge, of
accrued clothing allowance savings
due enlisted men of the Marine
Corps "as is now being done in the
Army," even though the appropria-
tion designates only "discharged en-
listed men".

CLOTHING-Continued.
Uniforms-Continued.
Undrawn-Continued.

Cash payments-Continued.

COAL:

Term "discharged enlisted men" de-
fined-term "discharged enlisted
men" as used in 1942 Marine Corps
appropriation "for payment to dis-
charged enlisted men for clothing
undrawn" is to be construed as de-
scriptive term and not as term of
limitation, and, therefore, as not
barring accrued clothing allowance
savings payments prior to discharge. 457

Contracts. See Contracts, coal.

COAST GUARD:

Appropriations. See Appropriations, Coast
Guard.
COLLECTIONS:

Accounting, disposition, etc.-disbursing
and certifying officer general procedure-
Gen. Reg. 93-Revised, Mar. 14, 1942.....
Housing rentals. See Housing, rentals.
Public land matters. See Public Lands.
Receipts from housing on leased land-estab-
lishing of reserve for use in removing the
housing-no part of receipts derived by
Dist. of Col. Alley Dwelling Authority
from rental and operation of temporary
housing erected under authority of Urgent
Deficiency Appro. Act, 1941, as amended,
on leased land may, under authority to
use the receipts for administrative, opera-
tion and management expenses in connec-
tion with the housing, be set up as a reserve
fund for demounting and removing the
housing upon termination of the leases....
COMMERCE DEPARTMENT:

Census Bureau:

Personnel:

Retransfer to permanent roll:

A census employee who was granted
a salary increase equal to a one step
within-grade promotion incident to
his transfer pursuant to the act of
June 18,1929, from the permanent to
the temporary roll, and who, had he
remained on the permanent roll,
I would have accrued a right to a
within-grade salary advancement
under the act of Aug. 1, 1941, prior
to the date of his retransfer to the
permanent roll may be paid, effective
immediately upon retransfer rather
than at the beginning of the follow-
ing quarter, at the rate to which he
would have been entitled under the
salary-advancement statute had he
remained on the permanent roll....
An increase in compensation equal to a
one step within-grade promotion
granted a census employee either

1155

880

641

Retransfer to permanent roll-Con.
Incident to transfer from the per-
manent to the temporary roll pur-
suant to the act of June 18, 1929, or
while on the temporary roll operates
as a bar to a within-grade promo-
tion under the within-grade salary-
advancement act of Aug. 1, 1941,
upon retransfer to the permanent roll
until after 18 or 30 months from its
date unless the retransfer occurs after
the time when the employee's right
would have accrued under the salary-
advancement statute had he re-
mained on the permanent roll......
A nonclassified temporary census em-
ployee restored under special pro-
visions of sec. 3, act, June 18, 1929,
to a former permanent position
status on the Census Bureau perma-
nent roll is entitled, contrary to rule
generally applicable to transfers from
nonclassified to classified positions,
to be restored not on basis of his
salary status in the temporary posi-
tion but on basis of his previous per-
manent-roll salary status, plus any
increase to which he would have been
entitled by operation of law had he
remained on the permanent roll....
Rule stated in 21 Comp. Gen. 386, that
temporary census employee re-
stored pursuant to act, June 18, 1929,
to former position on permanent roll
is entitled to restoration on basis of
any compensation increase to which
he would have been entitled by
operation of law had he remained on
permanent roll, has no application to
authorize statutory increase right to

COMPENSATION-Continued.
Additional-Continued.

tracts would not be objectionable as
being in contravention of the rule of
public policy against the Govt. contract-
ing with its employees or of the pro-
hibition in sec. 1765, R. S., against extra
allowances or compensation for em-
ployees...

Postal Service employees:

Act, Mar. 1, 1929, limitation applica-
bility-the compensation limitation in
Postal Service dual employment and
compensation statute of Mar. 1, 1929,
is not applicable to payment of fees for
special delivery service which there-
tofore had been expressly authorized
by law.

Serving also as special delivery messen-
gers-mail messengers and job cleaners
at first and second class post offices,
regularly employed and whose salary
is fixed on annual basis, may be paid
fees authorized for service as special
delivery messengers in addition to
regular salary without contravening
any of the dual compensation statutes,
provided such service is not performed
during regular tour of duty
Aliens. See Aliens, employment.
Allowances:

In kind:

Salary adjustment:

Periods of absence

Where amount of cash compensation
to be paid employees from whose
salaries deductions are made pur-
suant to sec. 3, act, Mar. 5, 1928,
for value of Govt. subsistence fur-
nished in kind is increased by
value of meals not furnished when
employees are absent from head-
quarters on official business, such
increase is not item of subsistence
payable from traveling expense
appropriation but is part of cash
compensation payable from appro-
priation for salaries
Where deduction ordinarily made
from employee's gross salary for
subsistence in kind is to be ad-
justed because employee was re-
quired to purchase from personal
funds the midday meal during a
fractional day's absence from head-
quarters on official business, such
adjustment may be effected by
paying him for the meal on travel
voucher (Standard Form 1012)
rather than by adjusting his salary
on the pay roll, but payment must
not exceed proportionate cost of
meal based on determined value of
entire subsistence furnished in
kind, notwithstanding meal may
have cost employee more than that
amount. 21 C. G. 663, amplified.

Page | COMPENSATION-Continued.
Allowances-Continued.

705

146

146

663

919

In kind-Continued.
Salary adjustment-Continued.
Periods of absence-Continued.
Where employees whose contracts
employment require that t
reasonable value of Govt. si
sistence furnished them be c
ducted in accordance with see.
act, Mar. 5, 1928, from their gro
salary are prevented from recei
ing meals, ordinarily furnished
kind, by reason of absence fro
headquarters on official busines
the salary deductions may be r
duced in amounts equivalent
the determined value of the mes
not received..
"Base pay" defined-per annum "base pay
of employee whose permanent position i
field service is within scope of Classific
tion Act of 1923, as amended, may be an
of annual salary rates prescribed by sa
act for grade or salary range in which pos
tion has been administratively allocate
pursuant to Brookhart Salary Act. See 2
C. G. 205..

Classification. See Classification.
Death compensation:

Naval Reserve rights generally:

Aviation cadets-Naval Reserve Avis
tion cadets are entitled to the pensions.
compensation, retirement pay, hos
pital benefits and death gratuities pro-
vided by sec. 4 of act of Aug. 27, 1940
as amended, to extent that such bene
fits are matters within jurisdiction of
this office.

Death prior to completion of 31 days'

active service-members of Naval
Reserve whose orders to active duty
are for periods of indefinite duration
during existing national emergency,
and do not otherwise indicate tha
ordered duty is for less than 31 days.
are within provisions of sec. 4 of act of
Aug. 27, 1940, as amended, granting
pensions, compensation, retirement
pay, and hospital and death gratuity
benefits to members of Naval Reserve
ordered to extended active duty in
excess of 30 days, even though they are
disabled or die prior to completion of
31 days' active service...
Honorary retired list officers-officers
and enlisted men on honorary retired
list of Naval Reserve, established by
sec. 309, Naval Reserve Act of 1938,
who have been or may be ordered to
active duty for extended service in
excess of 30 days are entitled to pen-
sions, compensation, retirement pay
and hospital benefits provided in act
of Aug. 27, 1940, to extent that such
benefits are matters within jurisdic-
tion of this office..

COMPENSATION-Continued.

Death compensation-Continued.
Naval Reserve rights generally-Con.
Merchant Marine cadets-Merchant
Marine Reserve cadets are entitled to
the pensions, compensation, retire-
ment pay, hospital benefits and death
gratuities provided by sec. 4 of act of
Aug. 27, 1940, as amended, to extent
that such benefits are matters within
jurisdiction of this office..
Midshipmen-Naval Reserve midship-
men are entitled to the pensions,
compensation, retirement pay, hos-
pital benefits and death gratuities
provided by sec. 4 of act of Aug. 27,
1940, as amended, to extent that such
benefits are matters within jurisdiction
of this office..

Deductions:

Jury service. See Courts, jurors, fees, com-
pensation deduction of Federal employees.
Purchase of Govt. bonds:

No objection to procedure whereby pay-
ment of employee's salary would be
made partly by check or cash and
partly in U. S. Savings Bonds, even
though procedure contemplates issu-
ing of bonds in name of other persons
designated by employee and that
salary deduction for each pay period
may not in every instance equal full
purchase price of a bond, provided
that, in addition to employee's pre-
viously executed authorization for
salary deductions, there be obtained
when each bond is delivered a receipt
acknowledging full payment of salary
for period involved.
Where employee voluntarily agrees to
accept U. S. Savings Bonds in lieu of
compensation for services rendered,
there is no legal objection to an admin-
istratively proposed procedure where-
by a part of his current compensation
is to be reserved on each pay roll until
sufficient withholdings have been
made to equal purchase price of bonds
for which he has subscribed, provided
that adequate accounting data are
furnished to enable a proper audit
thereof by this office.....
Demotions. See Compensation, reduction.
Differential:

Action of President as prerequisite to-
provisions of act, Nov. 26, 1940, extending
classification act, with respect to com-
pensation differential for employees in
remote, etc., locations, are not effective
unless and until President by Executive
order establishes compensation differen-
tial for classes of positions therein men-
tioned.
Allocation of position as prerequisite to-
compensation differential authorized by
sec. 15, act, Sept. 5, 1940, for Public Roads
Admin., etc., employees assigned to

Page COMPENSATION-Continued.
Differential-Continued.

duty outside U. S., is authorized inde-
pendently of administrative action un-
der classification act in allocating posi-
tion to proper grade or salary range in
fixing basic salary rate..

Canal Zone employees generally-while
E. O. 8719 and 8812 suspend compliance
with provisions of appropriation acts
therein mentioned with respect to com-
pensation differential for employees in
Canal Zone, the act of Aug. 24, 1912,
authorizing such differential to em-
ployees of the Panama Canal not to ex-
ceed 25 percent of salaries paid for same or
similar services for the Govt. in the con-
tinental U. S., remains unchanged, and
this differential may be extended to all
Govt. employees in the Canal Zone
whose salary rates are not otherwise
specifically fixed by law.
Effective date-rule that allocation or re-
allocation of position approved by Civil
Service Commission is effective from be-
ginning of pay period current when no-
tice of approval is received in adminis-
trative office should be applied to the
allocation or reallocation of positions
within purview of Exec. Order 8955, ex-
tending classification act to and estab-
lishing a salary differential for, civilian
positions in War and Navy Depts. in
certain areas outside U. S., and the sal-
ary differential, as well as the allocation
or reallocation, will be effective from be-
ginning of such pay period..

Effect of employee's citizenship status or
place of hire:

Provisions of act, Nov. 26, 1940, and
Exec. Order 8955, extending provisions
of classification act to civilian positions
in War and Navy Depts. in certain
areas outside U. S. and establishing a
salary differential therefor, relate ex-
clusively to classification of positions
rather than to the qualification of indi-
vidual employees, and, therefore,
neither citizenship status of an indi-
vidual, nor whether hired locally or
elsewhere, has any bearing upon the
allocation or fixing of salary rate to in-
clude differential..

Where, under Exec. Order 8955, extend-
ing classification act to, and establish-
ing salary differential for, civilian posi-
tions in War and Navy Depts. "for
which citizens of the United States are
recruited" and which are located in
certain areas outside U. S., it once has
been determined that a position is cov-
ered by the Exec. order and the alloca-
tion made, neither allocation of posi-
tion nor payment of salary differential
in that grade is affected by citizenship
status of an individual incumbent...