MILITARY PERSONNEL-Continued
Travel and transportation entitlement-Continued
Time limitations-Continued
actively included members may be amended to provide authorized
benefit__.
Savings deposits
Enlisted to commissioned status
Master sergeant in pay grade E-9, temporarily appointed second
lieutenant in Regular Marine Corps under 10 U.S.C. 5596(b) is entitled
to payment of savings deposit and interest under 10 U.S.C. 1035(c),
prescribing payment upon discharge or appointment to warrant or com-
missioned rank, notwithstanding sec. 5596(b) does not expressly author-
ize appointment of enlisted member in grade E-9. Appointment as
commissioned officers of qualified enlisted members in grades E-8 and
E-9, established by act of May 20, 1958, is not precluded, act evidencing
no intent to bar persons holding two top additional enlisted grades from
promotion benefits of sec. 5596(b), and sergeant's appointment as second
lieutenant is legally sufficient to authorize payment to him of savings
deposits and interest....
The act of Aug. 14, 1966 (10 U.S.C. 1035), prescribing $10,000 as
maximum amount upon which authorized 10 per centum per year
interest, compounded quarterly, may be earned, when savings account
of member of uniformed services reaches $10,000, neither interest
accrual credits nor additional sums deposited by member may draw
interest.
In construing statute, its words and phrases should be given, their
plain, ordinary and usual meaning unless different purpose is clearly
manifested in statute or its legislative history; therefore, legislative
history of act of Aug. 14, 1966 (10 U.S.C. 1035), providing for payment
of interest on deposit accounts of members of uniformed services on
amounts not in excess of $10,000, evidencing no intent to pay interest
on sums in excess of prescribed limitation, $10,000 maximum amount on
which interest may be paid may not be increased to include interest
accruals or additional sums deposited by members..
Severance pay. (See Pay, severance)
Six months' death gratuity. (See Gratuities, six months' death)
Station allowances. (See Station Allowances, military personnel)
Status
Payment of travel expenses of officer or employee of Govt. appearing
as witness on behalf of U.S. is governed by regulations of agency in
which employed only if case involves activity in connection with
which individual is employed or is serving and expenses are properly
payable from appropriation available to agency, otherwise pursuant to
28 U.S.C. 1823(a), payment of travel expenses of a witness comes under
regulations prescribed by Attorney General. Therefore, Joint Travel
Regs. may not be revised to authorize payment of travel expenses of
member of uniformed services appearing as witness for Govt. not by
reason of military status but by reason of Govt.'s requirement in its
civil capacity..
MILITARY PERSONNEL-Continued
Per diem. (See Subsistence, per diem, military personnel)
Survivorship benefits. (See Pay, retired, annuity elections for dependents)
Temporary lodging allowance. (See Station Allowances, military per-
sonnel, temporary lodgings)
Tips. (See Travel Expenses, tips)
Dependents. (See Transportation, dependents, military personnel)
Household effects. (See Transportation, household effects, military
personnel)
To other than new station
Training duty and overseas assignment
Authority in 37 U.S.C. 406 for transportation of dependents and
household effects of member of uniformed services from old to new
permanent duty station does not permit allowing member assigned to
20 weeks or more of training duty under permanent change-of-station
orders that are silent as to his subsequent, immediate transfer to restricted
area overseas, alternative right to move to training station or to select
location, even though member is officially advised of overseas assign-
ment, training assignment constituting permanent change of station and
not intermediate assignment for further transfer overseas to restricted
area and, therefore, Joint Travel Regs may not be amended to authorize
transportation of dependents and household effects to location designated
by member..
Travel expenses. (See Travel Expenses, military personnel)
Uniforms. (See Uniforms, military personnel)
Variable reenlistment bonus. (See Gratuities, reenlistment bonus,
critical military skills)
Travel expenses. (See Travel Expenses, witnesses)
MISCELLANEOUS RECEIPTS
Special account v. miscellaneous receipts
Monies recovered as excess costs of replacement contracts incident
to default of contractor under Govt. contracts for erection of Job Corps
camp facilities are for deposit into Treasury as miscellaneous receipts
and not for return to appropriation account from which expended
under principle appropriation had been erroneously charged in first
instant...
Although liquidated damages may be retained in appropriation
account when authorized reduction is effected in contract price, or in
order to have money available for return in event contractor is relieved
of liability for liquidated damages, "out-of-pocket" expenses-per diem
and travel expenses-sustained by Govt., expenses contemplated for
reimbursement under liquidated damages provision of contracts for
erection of Job Corps camp facilities, may not be credited to appropria-
tion from which expended, as no monies are due defaulting contractor,
and remission of liquidated damages has been denied. Therefore, absent
requirement to credit to or retain in appropriation account, amounts
MISCELLANEOUS RECEIPTS-Continued
Special account v. miscellaneous receipts-Continued
Liquidated damages-Continued
collected or withheld as liquidated damages, monies recovered under
defaulted contracts are for deposit into Treasury as miscellaneous
receipts.
Property damage collections
Under rule that receipts collected from common carrier for value of
Government property lost or damaged in transit are for credit to mis-
cellaneous receipts, unless specifically otherwise authorized by law, or
recovery comes within exception in 21 Comp. Dec. 632, as amplified,
to effect that where freight bill for shipment in which property damage or
loss occurred is in excess of cost of repairs, or replacement, amount de-
ducted from bill to cover such costs remains in appropriation, amounts
withheld from carrier's freight bills other than one for shipment in which
damage occurred may not be transferred from miscellaneous receipts to
"no-year" fund account charged with original cost of property and costs
of repair, "no-year" fund not overcoming general rule and exception to
rule; therefore, amount recovered for property damage may not be
deposited to augment "no-year" account...
Upon sale of Virgin Islands Corp.'s electric power and water distillation
facilities to Virgin Islands Govt. and transfer of Corp.'s current receiv-
able, mortgages, and long-term accounts to Secretary of Interior for
collection and deposit together with cash balance in Treasury as Mis-
cellaneous Receipts to offset Govt.'s equity and terminate Corp.'s
activities, although administrative apparatus of Corp. need not be
maintained, proceeds from sale of surplus corporate assets may not be
covered into land and water conservation fund under 16 U.S.C. 4601–5(b)
on basis Corp.'s Revolving Fund ceased to exist. Closing books of Corp.
for administrative convenience does not constitute change from require-
ment that corporate cash received from any source, including sale of
surplus corporate assets, is for deposit to Miscellaneous Receipts for
application to investment of Govt....
NATIONAL GUARD
Training or duty without pay
Commutation rates
Commutation rate provided in 37 U.S.C. 1002(b) in lieu of quarters and
subsistence to members of National Guard, or of Reserve component of
uniformed services who consent to additional training or duty without
pay has reference to cost to Govt. of furnishing subsistence and quarters
in kind, and not to actual expense member incurs in providing himself
with subsistence and quarters, and established aggregate daily commuta-
tion rate exceeding maximum commuted rates prescribed by 37 U.S.C.
402 and 403 for members performing training duty in full pay status, rate
may not be increased. Nor may increase on non-Govt. cost basis, tant-
amount to payment to unauthorized per diem at duty station, be pre-
scribed...
NATIONAL SCIENCE FOUNDATION
Appropriation availability
Duties similar to appropriation purpose
New duties imposed upon National Science Foundation under National
Sea Grant College and Program Act of 1966 are so related to basic re-
search and education purposes of National Science Foundation, that
expenditures incident to new program, which were approved too late to
permit submission of request for appropriations before adjournment of
89th Cong., may be defrayed from appropriations currently available to
Foundation____
Clothing and personal furnishings. (See Clothing and Personal Furnish-
ings)
Compensation. (See Compensation)
Contributions from sources other than the United States
Travel expenses. (See Travel Expenses, contributions from other
sources, acceptance by employee)
Death or injury
Disability compensation, etc.
Military retired pay
Enlisted member of Regular Air Force retired under 10 U.S.C. 8914
and subject as member of Air Force Reserve to periodic involuntary
active duty prior to completion of 30 years' service who is injured while
employed as civilian may not be refunded retired pay withheld under
sec. 7(a) of Federal Employees' Compensation Act, as amended, 5 U.S.C.
757(a), prohibiting receipt of disability compensation and any other
remuneration except in return for services actually performed. Member's
retirement and receipt of retired pay considered separate and distinct
from reservist obligations, his retired pay is not compensation "for
services actually performed" and was properly withheld___.
Although retainer pay received by Fleet reservist is not within con-
templation of sec. 7(a) of Federal Employees' Compensation Act, as
amended, 5 U.S.C. 757 (a), prohibiting receipt of disability compensation
and any other remuneration except in return for services actually per-
formed, as it is paid for actual services, based partly on previous service,
and partly for readiness to serve on active duty, retired pay received by
enlisted men who are retired under 10 U.S.C. 3914 and 8914 and con-
currently become reservists subject to periodic involuntary active duty
prior to completion of 30 years' service, is within restriction of sec. 7(a),
retirement and retired pay separate and distinct from obligations of
Reserve members, their retired pay is not considered compensation "for
services actually performed."
Receipt of retired pay concurrently with disability compensation under
Federal Employees' Compensation Act by officer of uniformed services
who when transferred to temporary disability retired list under 10
U.S.C. 1202 was member of Reserve component, permanently retired
for physical disability pursuant to 10 U.S.C. 1201 is receiving retired
pay computed under 10 U.S.C. 1401 is not prohibited, even though mil-
OFFICERS AND EMPLOYEES-Continued
Death or injury-Continued
Disability compensation, etc.—Continued
Military retired pay-Continued
itary statutory provisions are equally applicable to members of Regular
and Reserve components, retired pay accruing to officer by virtue of
Reserve status constituting "pay and allowances as Reserve" within
meaning of 5 U.S.C. 30r(c), now 5 U.S.C. 5534, providing exemption
benefits for reservists. Therefore, officer may receive retired pay and
civilian disability compensation concurrently..
Union, etc., duty. (See Unions, Federal service)
Holidays. (See Holidays)
Transportation. (See Transportation, household effects)
Leaves of absence. (See Leaves of Absence)
Leave. (See Leaves of Absence, civilians on military duty)
Public Law 89-516 authority. (See Officers and Employees, transfers,
relocation expenses)
Overseas
Dependents
Education
Children attending kindergarten
Education allowance on behalf of children of civilian employees sta-
tioned overseas who attend kindergarten may not be provided under
Overseas Differentials and Allowances Act authorizing allowances not
to exceed cost of elementary and secondary education in U.S., legislative
history indicating term "elementary" was used in act in ordinary dic-
tionary sense of term to limit payment of educational allowances to
overseas employees having dependents in grades 1 through 12. There-
fore, act not contemplating payment of education allowance for children
attending kindergarten, defined as school or division of school below
first grade, Standardized Regs. (Govt. Civilians, Foreign Areas) may
not be amended to provide allowance for kindergarten children...----
Dependents' transportation. (See Transportation, dependents, over-
seas employees)
Hired locally
Travel status
Employees who are stationed and reside in Alaska or Hawaii may not
be authorized vacation leave travel and transportation expenses to
another location in State of their residency, long-established rule that
travel and transportation expenses are not authorized for employee
appointed to duty station at place in which he resides outside continental
U.S., requiring that travel and transportation incident to appointment,
separation, or leave may not be authorized under 5 U.S.C. 5722, 5728,
or 5729, for employee assigned to post of duty in Alaska or Hawaii,
whose place of residence at time of assignment is located in same State-- 838
Dependent travel. (See Transportation, dependents, overseas
employees, home leave)
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