shall not exceed $4 per day. These regulations shall be uniform for all the services mentioned in the title of this act. Subsistence for pilots shall be paid in accordance with existing regulations, and rations for enlisted men may be commuted as now authorized by law.

In view of the commanding officer's statement that there were no facilities or arrangements for messing the enlisted men during the conversion and fitting out of the vessel, they are entitled to a money allowance in lieu of quarters and subsistence under the provisions of section 11 of the act of June 10, 1922, at the rates provided in the applicable Executive order issued pursuant thereto.

Questions (a) and (b) are answered in the affirmative.

The purpose of section 11 of the act of June 10, 1922, is to provide for enlisted men a money allowance in lieu of quarters and subsistence not furnished in kind by reason of a duty to be performed where subsistence and quarters are not available. If the duty be such that there is no requirement for the enlisted men to secure subsistence and lodging from personal funds, operation of section 11 of the act is not contemplated. In the instant case it appears that the men referred to in your question (c) were furnished lodging on board a naval vessel and subsistence by a contractor who was under an obligation to deliver the ship to Tampa, Fla. Reasonably it may be assumed that the cost of the meals furnished by the contractor was ultimately borne by the Navy Department in the contract price of the work performed, and the conclusion seems to follow that in contemplation of section 11 the enlisted men were furnished quarters and subsistence by or at the expense of the Government. Your question (c) is answered no.

(B-17166)

MILEAGE OFFICERS' RESERVE CORPS-TRAVEL TO ACTIVE DUTY FROM OTHER THAN PLACE OF PERMANENT ADDRESS

Civilian Conservation Corps civilian employees, whose orders to active duty as Reserve officers were received by them at their places of employment rather than at their permanent addresses of record and who actually traveled from such places of employment although their orders directed travel from the addresses of record, may be regarded as having traveled from their homes for the purpose of paying them mileage under section 37a of the National Defense Act, if their orders be now amended to direct travel from the places of employment.

Assistant Comptroller General Elliott to the Secretary of War, July 24, 1941: There has been received your letter of May 22, 1941, as follows:

A question has arisen as to whether former civilian employees of the Civilian Conservation Corps who have been ordered to active duty as Reserve officers may be paid mileage from the Civilian Conservation Corps camps at which they were stationed to their first duty posts when their permanent addresses are shown in the records of the War Department as other than the Civilian Conservation Corps camps. Two recent cases involving this question are as follows:

(1). Case of Second Lieutenant Nicholas V. Holland, Field Artillery Reserve. This officer, prior to April 7, 1939, was a resident of Dallas, North Carolina; on that date he was ordered to Headquarters District "A", Civilian Conservation Corps, Fort Bragg, North Carolina, for active duty; he was relieved from active duty with the Civilian Conservation Corps effective October 6, 1939, in accordance with the change of policy in the administration of that corps and thereafter immediately accepted a civilian position as subaltern with the Civilian Conservation Corps at the same place; he was transferred from District "A", Civilian Conservation Corps, Fort Bragg, on February 5, 1940, to Company 491, Civilian Conservation Corps, Warrenton, Oregon; he was permanently assigned to Company 6414, Civilian Conservation Corps, Camp Saddle Mountain SP-11, Seaside, Oregon, on August 23, 1940; he resigned his civilian position at the latter camp on October 21, 1940, to respond to orders of the Fourth Corps Area, effective October 22, 1940, which directed him to proceed from Dallas, North Carolina, to Langley Field, Hampton, Virginia, to enter active military service under his Reserve commission. From April 7, 1939, until ordered to active duty in October 1940, Lieutenant Holland's permanent address in War Department files was Dallas, North Carolina. However, it appears that the orders placing him on active duty were mailed from the Office of The Adjutant General, Washington, D. C., addressed to him at Company 491, Civilian Conservation Corps, Warrenton, Oregon, and were forwarded from that address to Company 6414, Seaside, Oregon. Lieutenant Holland has reported for duty under these orders, but has not yet received any reimbursement for travel thereunder.

(2). Case of Captain Peronneau R. Chaplin, Infantry Reserve. This officer prior to April 10, 1937, was a resident of Charlotte, North Carolina; on that date he was ordered to active duty with the Civilian Conservation Corps, and appears to have been continued on such active duty until August 31, 1939, on which date he was on duty with Company 1456, Civilian Conservation Corps, Cathlamet, Washington. On the date last mentioned he was relieved from active duty as a Reserve officer to accept employment in a civilian status with the Civilian Conservation Corps at the same place; he was employed continuously in that status until October 1940; his last duty station with the Civilian Conservation Corps was with Company 5428, Civilian Conservation Corps, Disston, Oregon; he servered his connection with the Civilian Conservation Corps to respond to War Department orders directing him to proceed from his home, Charlotte, North Carolina, to Orlando, Florida, to enter the military service under his Reserve commission; War Department files have shown this officer's permanent address as Charlotte, North Carolina, but it apparently was known that he was not in that vicinity as he was ordered by the Ninth Corps Area to active duty from July 15, 1940, to July 28, 1940, at which time his address was given as Company 5428, Civilian Conservation Corps, Disston, Oregon.

It is probable that other cases involving similar questions will arise, and if the payment of mileage from Civilian Conservation Corps duty stations is authorized in such cases, it is proposed upon verification of the facts to amend the activeduty orders of the officers concerned in order to allow payment for the travel actually performed under the orders.

An early expression of your views in this connection is requested.

Section 37a of the National Defense Act, June 4, 1920, 41 Stat. 776, provides that:

To the extent provided for from time to time by appropriations for this specific purpose, the President may order Reserve officers to active duty at any time and for any period; but except in time of a national emergency expressly declared by Congress, no Reserve officer shall be employed on active duty for more than fifteen days in any calendar year without his own consent. When on active duty he shall receive mileage from his home to his first station and from his last station to his home, 串 帘

** *

*

Paragraphs 116c and 118a, Army Regulations 140-5, provide as follows:

c. At corps area headquarters.-The following records will be maintained at corps area headquarters:

(1) Full name, grade, section, age, date of appointment, date of acceptance, Officers' Reserve Corps serial number, prior commissioned service (active and

inactive), and address of each officer under the administrative control of such headquarters.

118. *

a. Change of address.-Prompt notification on W. D., A. G. O. Form No. 172 (Personal Report of Reserve Officer) of a permanent or prolonged temporary change of address will be made to The Adjutant General through military channels.

In cases of a short temporary change of address, the necessary arrangements should be made to have forwarded any orders or communications received at the permanent address. Reports covering absence from the United States and return thereto will be rendered as provided in paragraph 80.

The law authorizes payment of mileage to a reserve officer "from his home to his first station." Under section 37 of the National Defense Act, Reserve officers are required to be assigned to sections corresponding to the various branches of the Regular Army or such additional sections as the President may direct. For administrative control Reserve officers are under the jurisdiction of the commanders of the corps areas in which their permanent residences are located, and they are required to be assigned to military units established in the particular corps areas. The permanent residence of a Reserve officer of record in the headquarters of the corps area in which he is assigned, and of record in the office of The Adjutant General, has been regarded as the home of the officer within the meaning of the law authorizing the payment of mileage, 19 Comp. Gen. 731. Appointment in the Officers' Reserve Corps does not restrict travel or residence beyond the jurisdictional limits of the corps area, charged with keeping their records, and in which they are assigned, but reports of permanent, or prolonged temporary changes of address are required to be made to The Adjutant General through military channels.

The Adjutant General on June 16, 1939, File AG 324.5 CCC (6-1539) Misc. M-D, advised commanding generals of all corps areas, that orders had been received by the War Department directing the use of civilian employees in the Civilian Conservation Corps in the positions then occupied by Reserve officers. Members of the Reserve Corps, and particularly those who had been detailed to the Civilian Conservation Corps, were eligible for appointment to such civilian positions, and it was directed that should the Corps Area Commander fail to find an eligible Reserve officer, under his own jurisdiction, he should employ an eligible applicant awaiting employment in one of the other corps areas who had been recommended by his corps area commander for CCC duty and who was willing to serve outside of his corps area of origin. While not stated, it would appear these two Reserve officers were recommended for appointment as civilian employees in the Civilian Conservation Corps by their commanding officer in the Fourth Corps Area and that they were employed by the commanding officer in the Ninth Corps, with the knowledge and approval of the War Department. The situation of these officers is

similar to that of Second Lieutenant Robert R. Ellis, Infantry Reserve, United States Army, considered in B-17663, July 16, 1941, wherein it was held that:

While the term "home" used in the statute will ordinarily be interpreted as the permanent address of record, where the officer is employed in a civilian capacity by the Government, it may be held to include, also, the place where he is required by the Government to perform services in his civilian capacity when ordered to active duty as an officer of the Reserve if he in fact travels from that place to the assigned active duty and was not at his home of record during any portion of the time immediately preceding his orders to active duty. Of course mere temporary absence from the permanent address of record, for the personal convenience and pleasure of the officer, as distinguished from an absence made necessary by an official assignment for performance of public duty, would not increase the rights of the officer, such travel not being covered by the orders.

In the circumstances appearing these Reserve officers, if their orders be now amended to direct travel from their places of employment in the Civilian Conservation Corps may be regarded as traveling from their homes for the purpose of computing mileage to their first stations if the original orders were in fact received by them at such places, and travel was performed from such places to their first military post. Your questions are answered accordingly.

(B-18411)

ACTIVE MILITARY AND NAVAL SERVICE OF DISTRICT OF COLUMBIA POLICEMEN, FIREMEN, AND TEACHERS-INCLUSION FOR RETIREMENT AND AUTOMATIC PROMOTION PURPOSES

Military or naval service rendered by policemen, firemen and teachers of the District of Columbia pursuant to the Selective Training and Service Act of 1940 or Public Resolution No. 96 of August 27, 1940, may not be counted in computing longevity for retirement under statutes applicable to such personnel, and, therefore, they are not required or authorized to contribute to their retirement funds, either currently while in the military or naval service or upon restoration to their civilian positions, for the period of such service.

District of Columbia policemen, firemen, and teachers who render military or naval service pursuant to the Selective Training and Service Act of 1940 or Public Resolution No. 96 of August 27, 1940, are entitled, if and when restored to their civilian positions in accordance with the provisions of said statutes upon completion of the military or naval service required thereunder, to be restored with the automatic grade or salary to which they would have been advanced had their military or naval service been civilian service.

Comptroller General Warren to the Acting President, Board of Commissioners, District of Columbia, July 24, 1941:

The late President, Board of Commissioners, District of Columbia, submitted for my consideration the matters presented in his letter of June 24, 1941, as follows:

The Commissioners of the District of Columbia are desirous of determining the retirement deductions and longevity status of members of the Police and Fire Departments, and Public School teachers called to active military service pursuant to the act of August 27, 1940, and the Selective Training and Service Act of September 16, 1940.

Under the act of July 1, 1930 (46 Stat. 839) privates in the Police and Fire Departments are entitled to longevity increases until they reach the maximum of the grade. Under the act, "privates enter the service at the basic salary of $1,900.00 per annum, with annual increases of $100.00 in salary for five years, or until a maximum salary of $2,400.00 is reached."

Under Section 5 of this act, 32% of the monthly salaries of the members are deducted for the benefit of the Policemen and Firemen's Relief, and by Section 6, the Commissioners of the District of Columbia are empowered to determine and fix the amount of pension relief. Other allowances are provided by the act of September 1, 1916, as amended.

At the present time, there are eight members of the Metropolitan Police Department who are, or shortly will be, in selective training and who are receiving salaries below the maximum of the grade for privates. A number of privates in the Fire Department will be similarly affected. In the case of a detective sergeant who entered the military service and was placed in a furlough or leave without pay status, inquired as to whether as a member of the Metropolitan Police Department he could deposit the customary 32% of his salary to the retirement fund in order to enjoy the benefits accruing from that fund, as well as longevity placement on return to the service. On this point, the Corporation Counsel, under date of February 6, 1941, held: "The granting of military leave to a member of the Police Department without pay is only a temporary separation from the service and not such a 'separation' as referred to in the foregoing provision of law. It seems only fair that a member while in the military service should not be compelled to contribute to the Police and Firemen's Retirement and Relief Fund, as he undoubtedly receives benefits by reason of military service and does not require or receive benefits from the Relief Fund. It would therefore appear that your opinion is correct. On the other hand, it would not be fair to take into consideration the period of time such member was on military leave and give him credit for that period in allowing him benefits under the retirement law for the Police Department. For example, assuming that a man has reached the age of fifty-five years and had twenty-five years active service in the Police Department, two years of such time having been spent in the military service, he would not have paid into the fund the same amount as a member who had not been absent on military leave and had served twenty-five years in the Police Department. Accordingly, upon his return to active police duty, a member who wishes to obtain credit for the period of time he was absent on military duty should be required to pay into the Policemen and Firemen's Relief Fund the amount which would have been deducted from his salary had he been actively serving in the Police Department." It should be noted that the 32% deductions from salaries of members of the Police and Fire Departments since the repeal of the Policemen and Firemen's Relief Fund by the Permanent Appropriations Repeal Act of June 26, 1934 (48 Stat. 1224) have been deposited to the credit of the miscellaneous revenues of the District of Columbia, and since that time direct appropriations have been made to pay the benefits accruing under the act of September 1, 1916, as amended.

The act of July 1, 1930, provides "that no annual increase in salary shall be paid to any person who, in the judgment of the Commissioners of the District of Columbia, has not rendered satisfactory service." Under the circumstances, there is some question as to whether the Commissioners would be authorized to restore privates who are in active military training who have not reached the maximum salary of the grade upon their return to service in the departments at a higher salary than they were receiving when they began training. On this point, I am enclosing copy of an opinion of the Corporation Counsel, which was approved by the Commissioners June 2, 1941.

The Public School teachers of the District of Columbia are in somewhat similar position with respect to retirement deductions and longevity increases under the act of January 15, 1920 (41 Stat. 387) as amended by the act of June 11, 1926 (44 Stat. 727) providing for the retirement of public school teachers in the District of Columbia. The latter act provides for the retention of deductions from the salary, for investment of these funds, and the ultimate payment to the teacher upon retirement of an annuity computed in accordance with the provisions of the act.

The Teachers' Salary Act of June 4, 1924 (43 Stat. 367) as amended by the act of April 10, 1936 (49 Stat. 1194) provides $100.00 annual increase in salary of public school teachers and certain other employees, which no doubt will be held in abeyance until they return to positions formerly occupied by them,