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cable to field positions would apply. In other words, this interpretation would lead to the result that there exists no statutory direction for fixing the salaries of the positions concerned.
In view of the urgent need of the Commission and the departments and establishments involved for the clarification of this matter, your decision at the earliest possible moment will be appreciated.
The provisions of law deemed pertinent to the consideration of the question presented are quoted below:
From sections 2, 4, and 5 of the original Classification Act of 1923, approved March 4, 1923, 42 Stat. 1488-1490:
The term "department" means an executive department of the United States Government, a governmental establishment in the executive branch of the United States Government which is not a part of an executive department, the municipal government of the District of Columbia, the Botanic Garden, Library of Congress, Library Building and Grounds, Government Printing Office, and the Smithsonian Institution.
The term "the head of the department" means the officer of group of officers in the department who are not subordinate or responsible to any other officer of the department.
SEO. 4. That after consultation with the board, and in accordance with a uniform procedure prescribed by it, the head of each department shall allocate all positions in his department in the District of Columbia to their appropriate grades in the compensation schedules and shall fix the rate of compensation of each employee thereunder, in accordance with the rules prescribed in section 6 herein. Such allocations shall be reviewed and may be revised by the board and shall become final upon their approval by said board.
SEC. 5. That the compensation schedules shall apply only to civilian employees in the departments within the District of Columbia and shall not apply to employees in positions the duties of which are to perform or assist in apprentice, helper, or journeyman work in a recognized trade or craft and skilled and semiskilled laborers, except such as are under the direction and control of the custodian of a public building or perform work which is subordinate, incidental, or preparatory to work of a professional, scientific, or technical character. The board shall make a survey of the field services and shall report to Congress at its first regular session following the passage of this Act schedules or positions, grades, and salaries for such services, which shall follow the principles and rules of the compensation schedules herein contained in so far as these are applicable to the field services. This report shall include a list prepared by the head of each department, after consultation with the board and in accordance with a uniform procedure prescribed by it, allocating all field positions in his department to their approximate grades in said schedules and fixing the proposed rate of compensation of each employee thereunder in accordance with the rules prescribed in section 6 herein. [Italics supplied.]
From the introductory paragraph of the Appropriation Act of December 6, 1924, 43 Stat. 704, entitled
An Act Making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several departments and independent establishments to adjust the rates of compensation of civilian employees in certain of the field services.
That to enable the heads of the several departments and independent establishments to adjust the compensation of civilian employees in certain field services to correspond, so far as may be practicable, to the rates established by the Classification Act of 1923 for positions in the departmental services in the District of Columbia the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the service of the fiscal year ending June 30, 1925. namely: * * [Italics supplied.]
From sections 2 and 3 of the Welch Act of May 28, 1928, 45 Stat. 785:
SEC. 2. Upon the passage of this Act the board shall forthwith make a survey of the classes of civilian_positions in the various field services, exclusive of the Postal Service, Foreign Service, and employees in the mechanical and drafting groups whose wages are now or have heretofore been fixed by wage boards or similiar authority, and shall present a report to Congress at its first regular session following the passage of this Act, such report to contain:
SEC. 3. The heads of the several executive departments and independent establishments are authorized to adjust the compensation of certain civilian positions in the field services, the compensation of which was adjusted by the Act of December 6, 1924, to correspond, so far as may be practicable, to the rates established by this Act for positions in the departmental services in the District of Columbia. [Italics supplied.]
From section 2 of the Brookhart Salary Act of July 3, 1930, 46 Stat. 1005
The heads of the several executive departments and independent establishments are authorized and directed to adjust the compensation of certain civilian positions in the field services, the compensation of which was adjusted by the Act of December 6, 1924 (43 Stat. 604), to correspond, so far as may be practicable, to the rates established by the Act of May 28, 1928 (U. S. C., Supp. 3, title 5, sec. 673), and by this Act for positions in the departmental services in the District of Columbia: [Italics supplied.]
These statutes prescribe two separate and distinct procedures for fixing the salary rates for civilian employees of the United States, one for employees occupying positions in the departmental service, and the other for employees occupying positions in the field service. Throughout said statutes the Congress has recognized a distinction between the departmental and field services with no particular emphasis upon the location of the positions. The distinction between the two procedures may be stated by quoting the following from the decision of May 12, 1931, 10 Comp. Gen. 519, 521:
The principles of classification require that the duties and responsibilities shall determine the grade or salary range of a field position, in the same manner as in the departmental service in the District of Columbia, according to the basic qualifications of the several grades as set forth in the classification act, as amended by the Brookhart Salary Act. The difference is that in the departmental service in the District of Columbia the allocation of positions is by the joint action of the administrative office and the Personnel Classification Board, whereas in the field service the sole authority to allocate the positions to the several grades or salary ranges is vested in the administrative office. The salary rates within the proper grade or salary range as thus determined, fixed for individual employees on the basis of personal efficiency and experience, must include the determined value of allowances furnished in kind as a part of the total compensation, as required by the act of March 5, 1928, 45 Stat. 193. For the procedure in this regard, see 5 Comp. Gen. 957; 6 id. 162; 8 id. 628; 9 id. 528.
In the original Classification Act of 1923, the Congress limited the schedules of the Classification Act and the jurisdiction of the Personnel Classification Board (now the Civil Service Commission) to the departmental service in the District of Columbia and directed. a survey to be made of positions in the field service with a view eventually of extending the schedules prescribed by the act and of extending, also, the jurisdiction of the Civil Service Commission to
the field service. The direction for a survey of the field service was repeated in section 2 of the act of May 28, 1928, supra. See, also, Title II of the act of November 26, 1940, 54 Stat. 1212. However, because of the disparity between the salary rates of employees in departmental and field positions, it was determined soon after the effective date of the original Classification Act, July 1, 1924, that some procedure should be established immediately for adjusting the salary rates of employees in field service positions to correspond so far as practicable to the rates prescribed by the classification act for employees occupying departmental positions all of which were then in the District of Columbia. Hence, by the acts of December 6, 1924, and May 28, 1928, supra, the heads of the several departments and independent establishments of the Government were authorized to adjust the salaries of employees occupying field positions accordingly. The exercise of this authority was made mandatory by section 2 of the Brookhart Salary Act of July 3, 1930, supra. See 10 Comp. Gen. 20. These statutes were expressly limited to the field service on the basis that the original classification act was enacted for application to the departmental service and the statutes have been so applied in all of the decisions of this office in which the point was involved. At the time of the enactment of the original classification act and the amendatory statutes hereinabove quotedand, in fact, until recently-all of the departmental services were located in the District of Columbia. It was not then known or contemplated that any part of the departmental service would be moved to locations outside of the District of Columbia. You have cited the decisions of the office holding that a departmental force does not lose its identity as such solely because it is moved and performs its duties and functions at locations outside of the District of Columbia.
In view of the history and development of the classification legislation, I concur in the view expressed in your letter to the effect that the words "in the District of Columbia" appearing in the original classification act and subsequent statutes in connection with the words "departmental service," do not limit the jurisdiction of the Civil Service Commission under the classification act to those departmental positions which are located within the geographical limits of the District of Columbia. The Congress has shown a clear purpose and intent throughout the classification legislation (1) to make the distinction between the departmental service wherever located and the field services wherever located, (2) to vest in Civil Service Commission the final authority to approve allocations in proper grades of all departmental positions wherever located, and (3) to vest in the heads of the various departments and establishments the final authority to approve allocations in proper grades of
such departmental and field positions as are expressly excepted by law from the classification acts, as amended.
PAY-ADDITIONAL-OVER 12 MONTHS' SERVICE-SERVICE CREDITS
In determining whether an enlisted man of the Regular Army has had 12 months' service within the meaning of section 8 (a) of the Service Extension Act of 1941, authorizing $10 additional pay for each month of service in excess of 12, prior service in the Navy may not be counted.
Assistant Comptroller General Elliott to Maj. C. E. Anderson, United States Army, January 10, 1942:
There was received, by indorsement dated November 27, 1941, your letter of November 12, 1941 (with enclosures), as follows:
1. Under the provisions of AR 35-730, there is forwarded herewith, for decision as to whether payment may properly be made, W. D. Form No. 337 (Voucher for Pay and Allowances of Individual Enlisted Men) executed in favor of John W. Kelly, 14052061, Corporal, 58th School Squadron, A. C., for payment of additional $10 per month, for the period August 18, 1941, to September 30, 1941, authorized under Section 8 (a), Service Extension Act of 1941, approved August 18, 1941.
2. The above-described voucher has been submitted to the undersigned, a disbursing officer, for payment.
3. This office is unable to conclusively determine whether the term "military service" as used in Section 8 (a), Service Extension Act of 1941, with reference to "enlisted personnel of the Regular Army," would include prior service rendered as a member of the naval forces of the United States.
4. In the instant case it will be noted that the soldier's service, as of August 18, 1941, consists of the following:
a. U. S. Navy, from Sept. 10, 1937, to Feb. 5, 1941-3 yrs., 4 months, and 26 days.
b. U. S. Army, from April 25, 1941, to Aug. 18, 1941-3 months, 24 days. 5. The question involved arises in view of the language contained in Section 1 (b) of the Selective Training and Service Act of 1940, approved September 16, 1940, which reads:
"(b) The Congress further declares that in a free society the obligations and privileges of military training and service should be shared generally in accordance with a fair and just system of selective compulsory military training and service." [Italics supplied.]
The phrase "military training and service" as used above, and otherwise throughout the act, like the act itself, applies equally to any and all the armed services of the United States, and when considering for application the provisions of the Service Extension Act of 1941, the Selective Training and Service Act of 1940 must necessarily be considered.
6. Your decision is requested.
Section 8 (a) of the Service Extension Act of 1941 (approved August 18, 1941), 55 Stat. 627, is as follows:
Any person inducted into the land or naval forces of the United States for active training and service, under section 3 (b) of the Selective Training and Service Act of 1940 shall, in addition to the amounts otherwise payable to such person with respect to such training and service, be entitled to receive the sum of $10 for each month of such training and service in excess of twelve. The provisions of this section shall also apply (1) to any enlisted personnel of the National Guard of the United States or of any other reserve component of the Army of the United States ordered into the active military service under the authority of Public Resolution Numbered 96, approved August 27, 1940, or section 37a of the National Defense Act of 1916, as amended, for any such service so rendered by any such personnel in excess of twelve months, and (2) to any enlisted personnel of the Regular Army for each month of military
service rendered by him after the date of enactment of this joint resolution, and after his total military service (rendered before or after such date) exceeds twelve months. [Italics supplied.]
The term "military service" is used twice in that part of section 8 (a), supra, which extends the benefits of the section to personnel of the Regular Army. It is first used to refer to "each month of military service" of "enlisted personnel of the Regular Army" after the date of the enactment. There is no doubt that the military service thus contemplated by the Congress was service as an enlisted man of the Army, and that prior service in the Navy was not intended to be included in computing the 12 months' "total military service" of an enlisted man of the Regular Army under the provisions of section 8 (a) of the Service Extension Act of 1941. Your question is answered accordingly.
The voucher received with your letter is retained in the files of this office.
SUBSISTENCE PER DIEMS-SCOPE OF "8 A. M. TO 6 P. M." RULE Where an employee's regular tour of duty falls between hours other than 8 a. m. to 6 p. m., the proviso in paragraph 51 of the Standardized Government Travel Regulations that "no per diem will be allowed when the departure is after 8 a. m. and the return on the same day is prior to 6 p. m." does not preclude the allowance of per diem in lieu of subsistence for official travel performed entirely between 8 a. m. and 6 p. m., but when the travel is performed entirely within the hours comprising the employee's regular tour of duty, no per diem may be allowed.
Comptroller General Warren to the Administrator of Veterans' Affairs, January 10, 1942:
I have your letter of December 22, 1941, as follows:
There are presented for decision questions involving the interpretation of the following provisions of paragraph 51 of Standardized Government Travel Regulations, as amended.
"Provided, That no per diem will be allowed when the departure is after 8 a. m., and the return on the same day is prior to 6 p. m., or for any absence not exceeding three hours."
The specific questions are:
(1) Whether an employee, whose official tour of duty is from 11 p. m. to 7 a. m., and who is held in a duty status and performs official travel, beginning after 8 a. m. and continuing for more than three hours, must be denied per diem because the travel falls within the restrictive period 8 a. m. to 6 p. m. specified in Paragraph 51, supra.
(2) Whether an employee, whose official tour of duty is from 3 p. m. to 11 p. m., and who performs official travel for a period of more than three hours all of which falls within the period of his official tour of duty, thereby becomes entitled to per diem, all other requirements of entitlement being met, by reason of the fact that the travel was not within the prohibited period 8 a. m. to 6 p. m. specified by Paragraph 51, supra, notwithstanding the fact that such travel was all within the employee's official tour of duty.
The provisions of paragraph 51, supra, would appear to deny per diem for all travel completed within the hours 8 a. m. to 6 p. m., regardless as to the official hours of duty of the traveler, and to permit the payment of per diem for travel completed within any other comparable period of time, regardless as to the official hours of duty of the traveler. It would appear that the said