MEDICAL TREATMENT:
Veterans Administration beneficiaries:
Ambulance service contracts:

Effect of incomplete performance on
right to payment-where contractor,
under contract with Veterans Adm. to
furnish ambulance service to veterans,
went to home of veteran at direction of
Administration for purpose of trans-
porting him to veterans hospital and,
upon finding that veteran already had
been taken to hospital, made return
trip without having rendered any
actual ambulance service, certifying
officer, in approving contractor's
claim, may consider contract price as
reasonable value of services rendered,
in absence of showing of any pecuniary
savings to contractor by being unable
to make complete performance........
Payment for extra trip to veteran's

home contractor who, under con-
tract with Veterans Adm. to furnish
ambulance service to veterans, makes
extra trip to veteran's home due to his
physical condition not permitting re-
moval to veterans hospital when am-
bulance arrived on first trip may be
paid for extra trip where emergent
condition did not permit prior ap-
proval by Administration..------
MEETINGS:

See Conventions, Conferences, Associations,
Etc.

MILEAGE:

Automobiles-use of privately owned. See
Mileage, travel by privately owned auto-
mobile.

Headquarters-travel by privately owned
automobile-nearby duty places-Phila-
delphia and Marcus Hook, Pa.-inasmuch
as metropolitan area of Philadelphia in-
cludes Marcus Hook, Pa., Coast Guard
officer who performed travel in privately
owned automobile between headquarters
at Philadelphia and Marcus Hook under
orders authorizing transportation and per
diem allowance was not in travel status as
term is defined in regulations issued pur-
suant to sec. 12, Pay Readjustment Act of
1942, as amended, so as to be entitled to
money allowance in lieu of transportation
for such travel..

Travel by privately owned automobile:
Common carrier comparative costs:

As including air transportation-in view
of par. 8, Standardized Govt. Travel
Regs., placing air travel on same basis
as travel by other common carrier,
employee who elects to travel by pri-
vately owned automobile pursuant to
travel order authorizing travel by
common carrier, including aircraft, or
by privately owned automobile on
mileage basis not to exceed cost by
common carrier, may be paid mileage

Page MILEAGE-Continued.

468

468

457

Travel by privately owned automobile-Con.
Common carrier comparative costs-Con.
not to exceed amount equal to con-
structive cost of air transportation plus
constructive per diem applicable to
that mode of travel..

Taxicab fare inclusion-when use of
privately owned automobiles for
travel on official business is authorized,
but no determination of advantage to
Govt. is made under par. 12 (a),
Standardized Govt. Travel Regs., as
amended, payment of mileage is
limited to cost of travel by common
carrier between points involved, and,
in constructing total cost of travel by
common carrier, reasonable taxicab
fares which would have been incurred
had travel been by common carrier are
for consideration....
Dependents of transferred civilian em-
employees travel separate and apart
from employee-where change of station
orders authorized reimbursement of
transportation expenses of transferred
employee's immediate family and pro-
vided for allowance of mileage for travel
by privately owned automobile, but did
not authorize such travel separate and
apart from employee, travel authorization
may, in view of administrative inten-
tion that mileage would be payable for
dependents when travel is separate and
apart from employee, be deemed sufficient
to authorize allowance of mileage for such
dependent travel in amount not to
exceed constructive cost of rail travel
from old to new station. 28 C. G. 586,
distinguished..........

Garage rent or storage charges in addition.
See Storage, private property, vehicles,
automobiles used on mileage basis.
Headquarters. See Mileage, headquarters,
travel by privately owned automobile.

MILITARY LEAVE:

See Leaves of Absence, military.
MILITIA:
Naval-Illinois Naval Reserve as being
part of Naval Militia-service in Naval
Militia of State during period May 27,
1908-date of act constituting Organized
Militia as land force only-to Feb. 16,
1914-date of act making Naval Militia
part of Organized Militia-may not be
considered as service in "Organized
Militia" within contemplation of service
pay provisions of sec. 3A, Pay Readjust-
ment Act of 1942, as amended; however,
legal enlisted service in Illinois Naval Re-
serve, part of Naval Militia, from Mar. 1,
1912, to Oct. 22, 1913, may be regarded as
service in Naval Militia within meaning
of said sec. 3A and is creditable for pay pur-
poses thereunder....

163

MISCELLANEOUS RECEIPTS: Page
Compensation received by naval reservists
serving as interns in private hospitals-
Naval Reserve officers on active duty as
interns in private hospitals who are
paid compensation by hospitals for per-
formance of the very services required of
them as Reserve officers on active duty
are not entitled, under sec. 4 (f), Selective
Service Act of 1948, to retain such com-
pensation and, in view of additional com-
pensation restrictions of 18 U. S. C. 1914,
compensation so paid should be considered
as received for the account and benefit of
Govt. and is for collection and covering
into Miscellaneous Receipts..
National Wildlife Refuge revenues-public
building rentals-in view of specific re-
quirement in sec. 321, act of June 30, 1932,
that rentals from public buildings be de-
posited as miscellaneous receipts, and
ejusdem generis rule of statutory construc-
tion, revenues derived from rental of
public buildings located on National
Wildlife Refuges may not be regarded as
receipts included within term "other
privileges" on refuges, percentage of which
is required by sec. 401, act of June 15, 1935,
as amended, to be distributed to county
or counties in which refuge is located, and,
therefore, such revenues are for deposit
into Treasury as miscellaneous receipts..
Refunds-proceeds of collateral security on
alien delivery bond-refund of proceeds of
Treasury bond which was deposited as
collateral security on alien delivery bond
and covered into Treasury as misc. re-
ceipts upon breach of delivery bond may
be made to surety who subsequently be-
came entitled to return of such proceeds
from appro. item "other items properly
returnable" contained in appro. "Salaries
and Expenses, Immigration and Natural-
ization Service, 1949," rather than from
appro. "Refund of moneys erroneously
received and covered" which is chargeable
only if refund is not properly chargeable
to any other appro...
MORTGAGES:

Government insured. See Loans, Govern-
ment insured.

MOTION-PICTURE FILMS:

Rental agreements. See Rental Agreements,
personal property.

MUSTERING-OUT PAY:

See Gratuities, mustering-out pay.
NATIONAL GUARD:

1

NATIONAL GUARD-Continued.
pany rendezvous at call of President is not
in Federal service nor entitled to pay from
Federal funds until he meets certain con-
ditions, including that of being found
morally, mentally, and physically quali-
fied, and is mustered into Federal service,
so that member who fails to meet such
qualifications is in effect rejected for muster
and is not entitled to pay from Federal
funds...

NATIONAL PARK SERVICE:
National Capital Parks-U. S. Park Police-
military furlough status as constituting em-
ployment within meaning of act of June 30,
1949-member of U. S. Park Police who
was in military furlough status on date of
enactment of act of June 30, 1949, which
authorized retroactive increase of $330 in
annual basic salary of said park police em-
ployed on date of enactment, may be con-
sidered as having been an employee on
that date within meaning of sec. 5 of act,
so as to be entitled to such retroactive in-
crease in compensation.....
NATIONAL WILDLIFE REFUGES:
Revenues. See Leases, public property; Mis-
cellaneous Reciepts, National Wildlife Ref-
uge revenues.

NATURALIZATION:

Fees. See Fees, immigration and naturaliza-
tion.
NAVY:

Correction of naval records. See Records,
military, naval, etc.

NAVY DEPARTMENT:

Bid matters-correction or withdrawal of
bids-procedure-while, generally, ques-
tion as to whether bid may be changed or
withdrawn after time fixed for opening is
for determination by G. A. O. prior to final
administrative action thereon, Navy
Dept. may, without submission for ad-
vance decision, determine certain types of
cases involving errors in bids alleged prior
to award, provided control of all such de-
terminations is centralized so as to insure
uniformity in handling.....

78

OATHS:

Authority to administer:
Delegation of:

Authority conferred upon heads of de-
partments, under sec. 206, act of June
26, 1943, to designate officers and em-
ployees to administer oaths in connec-
tion with Fed. employment, may not
be delegated to subordinates under
more general authority of delegation
contained in sec. 12, act of Aug. 2,
1946, such designation being delegation
of authority which may not be re-
delegated under either of said statutes.
In view of authority conferred upon Sec.
of Commerce by sec. 2, Reorganization
Plan No. 5, effective May 24, 1950, in
accordance with Reorganization Act

OATHS-Continued.

Authority to administer-Continued.
Delegation of-Continued.

of 1949, to authorize performance of
any function of Secretary by any other
officer or employee of his Department,
Secretary may delegate to subordi-
nates authority conferred upon heads
of departments, under sec. 206, act of
June 26, 1943, to designate officers and
employees to administer oaths in con-
nection with Federal employment.
29 C. G. 386, modified.

OFFICERS AND EMPLOYEES:
De facto:

Compensation:

Retention of compensation already paid:
Postal Service employee who was
given automatic promotion to next
higher salary grade contrary to spe-
cific statutory provision setting forth
prescribed period of service as pre-
requisite for advancement to higher
grade is not to be regarded as de facto
employee and entitled to retain com-
pensation received prior to time
error was brought to attention of
administrative officials; instead such
employee should be required to re-
fund all payments of compensation
made to him in excess of rates spe-
cifically prescribed by law. 28 C. G.
514, distinguished....

Applicability of general rule to compen-

Details.

sation based on erroneous postal re-
ceipts de facto employee rule does
not apply to permit retention of
compensation received in excess of
rate fixed by statute, and post-
master who was paid compensation
based on postal receipts reported for
prior year by former postmaster,
which did not exclude "outside
sales" of postage as required by 39
U. S. C. 56, may not invoke rule to
avoid refunding excess, even though
he was without fault in matter;
however, in cases of false business
returns by postmasters, Postmaster
General is authorized by act of June
18, 1934, to allow any compensation
he determines to be reasonable....
See Details.

Holding two positions:

See, also, Compensation, double.
Federal personnel holding non-Federal
positions-part time positions with Na-
tional Guard-appointment of full time
Federal employee with salary in excess of
$2,500 to position as part time adminis-
trative assistant in State National Guard
would not result in holding of more than
one office under Federal Govt. in viola-
tion of dual employment restrictions of
act of July 31, 1894, as amended, or of
dual compensation limitations of sec.

898534-509

Page OFFICERS AND EMPLOYEES-
Continued.

Holding two positions-Continued.

1763, R. S.; nor is latter employment in-
compatible with former so as to con-
stitute violations of additional com-
pensation prohibitions of sec. 1765, R.
S...

Prohibition as to Army officers accepting or
holding civil office. See Army, officers,
civil office acceptance or holding prohibi-
tion.
Retired military, naval, etc., personnel
holding Federal civilian positions—
Mutual Defense Assistance Act posi-
tions-dual employment restrictions of
act of July 31, 1894, as amended, do not
preclude officer retired for physical dis-
abllity incurred in line of duty from ac-
cepting Presidential appointment, by
and with advice and consent of Senate,
to one of positions authorized by sec.
406(e), Mutual Defense Assistance Act
of 1949; however, under dual compensa-
tion limitation of sec. 212, act of June 30,
1932, as amended, officer entitled to re-
tired pay in excess of $3,000 must elect
to receive either retired pay or pay for
civilian position during period of em-
ployment....

Hours of work:
Forty-hour week:

Administrative adjustment of work week
to include holidays-while determina-
tion of days which shall constitute 40-
hour weekly tour of duty to be served
by employees is not, generally, matter
in which G. A. O. is concerned so long
as sound administrative discretion is
exercised, arbitrary adjustment of
work schedule, not based on adminis-
trative necessity but made solely for
purpose of giving employees time off
on holiday to which they otherwise
would not be entitled, is objectionable
as being repugnant to good administra-
tive practice and contrary to spirit of
holiday pay statute of June 29, 1938..
Administrative discretion in fixing regu-
lar tour of duty-general rule-while
determination of days which shall con
stitute 40-hour weekly tour of duty to
be served by employees is not, general-
ly, matter in which G. A. O. is con-
cerned so long as sound administrative
discretion is exercised, arbitrary ad-
justment of work schedule, not based
on administrative necessity but made
solely for purpose of giving employees
time off on holiday to which they other-
wise would not be entitled, is objection-
able as being repugnant to good ad-
ministrative practice and contrary to
spirit of holiday pay statute of June
29, 1938...

Page

277

203

325

325

OFFICERS AND EMPLOYEES-

Continued.

Hours of work-Continued.

Overtime compensation. See Compensa-
tion, overtime.

Jury service. See Courts, jurors.

Leaves of absence. See Leaves of Absence.
Promotions. See Compensation, promotions.
Reduction in rank-compensation matters.
See Compensation, reduction.
Reinstatements after war transfer-substi-
tute railway postal clerk promoted to
regular position-it is view of this Office
that Postmaster General had no authority
under 39 U. S. C. 609 to promote substitute
railway postal clerk to regular position
where employee was absent on war trans-
fer when his name was reached for appoint-
ment to regular position as senior substi-
tute, and that, upon reinstatement follow-
ing war transfer, such employee had no
reemployment rights to regular position...
Retired-reemployment. See Retirement.
Separation from service:

Employee status requirements—“classified
civil service" defined-term "classified
civil service" as used in sec. 6 (a), act of
Aug. 24, 1912, as amended by act of June
10, 1948, respecting removal or suspen-
sion without pay of persons in classified
service, has reference to employees who
have competitive status and who also
are occupying positions in competitive
service.....

Outside earnings for period of separation as
affecting right to compensation-status of
donations, etc.-in computing retroactive
compensation payable under act of June
10, 1948, for periods of employee's unjusti-
fied or unwarranted removal or suspen-
sion from service, gifts or loans of money
made to employee are not to be regarded
as moneys "earned by him through other
employment during such period," so as
to require deduction thereof from com-
pensation allowable......
Rescission:

sec. 14, Veterans' Preference Act of
1944, as amended by act of Aug. 4, 1947,
requiring administrative office to take
such corrective action as Civil Service
Com, finally recommends with respect
to appeals of preference eligibles for
restoration to duty, Com. could
recommend restoration of employee
retroactive to date of separation and
issue supplemental recommendations
to that effect as long as original recom-
mendation was made on or after Aug.
4, 1947, regardless of whether original
administrative action occurred prior or
subsequent to that date...
Reopening of previously settled appeals-
under sec. 14, Veterans' Preference Act
of 1944, as amended by act of Aug. 4,

Page OFFICERS AND EMPLOYEES-
Continued.

116

29

320

107

Separation from service-Continued.
Rescission-Continued.

1947, requiring administrative office to
take such corrective action as Civil
Service Com. finally recommends with
respect to appeals of preference eligi-
bles for restoration to duty, Com.
could recommend restoration of em-
ployee retroactive to date of separa-
tion and issue supplemental recom-
mendations to that effect as long as
original recommendation was made on
or after Aug. 4, 1947, regardless of
whether original administrative action
occurred prior or subsequent to that
date....
Suspension from duty-employee status re-
quirements-"classified civil service" de-
fined-term "classified civil service" as
used in sec. 6 (a), act of Aug. 24, 1912, as
amended by act of June 10, 1948, respecting
removal or suspension without pay of
persons in classified service, has reference
to employees who have competitive status
and who also are occupying positions in
competitive service....

Training:

Personal v. Government expense:
Public Health Service personnel:
To effectuate purposes of sec. 301,
Public Health Service Act, as
amended, respecting research and
investigative duties of Surgeon Gen-
eral, and other provisions expressly
related thereto, Surgeon General
may assign Reserve officers and
civil service personnel, upon recom-
mendation of appropriate advisory
health council, to outside educa-
tional institutions for training with
tuition and related fees paid as ad-
ministrative expenses of particular
program, and while so assigned reg-
ular compensation may be paid and,
if temporarily away from official
headquarters, actual traveling ex-
penses may be reimbursed and per
diem in lieu of subsistence paid in
accordance with the travel regula-
tions. 19 C. G. 448, amplified...---
Unless otherwise authorized by spe-
cific statutory authority, service per-
sonnel of Public Health Service may
not be trained at Govt. expense for
various functions of Service not ex-
pressly related to those functions pre-
scribed in sec. 301, Public Health
Service Act, as amended, relating to
research and investigative duties of
Surgeon General, or in other provisions
of act containing express reference
thereto, notwithstanding fact that
such various functions in connection
with which training is proposed may

Page

107

29

96

OFFICERS AND EMPLOYEES-
Continued.

Training-Continued.

Personal v. Government expense-Con.
Public Health Service personnel-Con.
be closely related to responsibilities
imposed by sec. 301.

OFFSET:

See Set-Off.

OIL:

See Cards, credit; Contracts, gasoline and oil.
ORDERS:

Travel-amendment-orders issued in one
fiscal year and amended in succeeding
fiscal year-under sec. 106, Dept. of State
Appro. Act, 1949, extending availability of
appropriations for expenses of travel of
personnel and their dependents outside
continental U. S., including transporta-
tion of household effects, etc., in case of
travel or transportation begun, but not
completed, during fiscal year 1949, ex-
penses incurred under amendments to
orders issued in fiscal year 1949 and
amended after June 30, 1949, because of
conditions outside traveler's control, may
be charged to 1949 appropriation where
portion of travel or transportation began
in said fiscal year, provided amendments
confer no greater rights than those to which
traveler would have been entitled when
original orders were issued...
PACKING, CRATING, HAULING,
ETC., OF HOUSEHOLD EF-
FECTS:

See Transportation, household effects, packing,
crating, hauling, unpacking, etc.
PANAMA CANAL:

Employees-survivor retirement annuities.
See Retirement, civilian, annuities, survivor
annuity eligibility.

PAY:

Active duty:

Hospitalization, medical treatment, etc.:
Extension beyond period of training
duty-member of Naval Reserve who
is injured in line of duty while em-
ployed on training duty is entitled,
under sec. 4, Naval Aviation Person-
nel Act of 1940, as amended, to receive
active-duty pay and allowances while
hospitalized as result of such injury,
even though period of hospitalization
extends beyond period of training
duty......

Illness or injury of naval reservists en
route to training station:
Members of Naval Reserve ordered
to training duty who are injured
while employed in travel to training
duty, or who are hospitalized at
place of duty for injury not incurred
while employed on training duty,
are not entitled to pay and allow-
ance benefits prescribed by sec. 4,
Naval Aviation Personnel Act of

Page | PAY-Continued.

96

142

535

Active duty-Continued.

Hospitalization, medical treatment, etc.-
Continued.

Illness or injury of naval reservists en
route to training station-Con.
1940, as amended, for naval reserv-
ists who suffer disability while
"employed" on active duty or train-
ing duty.....

Officers or enlisted men of Naval Re-
serve who, pursuant to training
duty orders, commenced travel to
their duty stations for training, but
who were unable to report for, or
perform, training duty because of
injury or illness, may not be con-
sidered as actually "employed on
active duty or on training duty"
within meaning of sec. 7, Naval Re-
serve Act of 1938, as amended, so as
to be entitled thereunder to pay and
allowances for ordered period of
training duty.....
Marine Corps reservists injured while on
training duty-member of Marine
Corps Reserve who is injured while
on authorized training duty is en-
titled under Naval Aviation Personnel
Act of 1940, as amended, to continue in
receipt of active-duty pay and al-
lowances for period of hospitalization
and while awaiting action on his dis-
ability retirement proceedings......
Naval reservist hospitalized during en-
tire period of training duty:
Members of Naval Reserve ordered to
training duty who are injured while
employed in travel to training duty,
or who are hospitalized at place of
duty for injury not incurred while
employed on training duty, are
not entitled to pay and allowance
benefits prescribed by sec. 4, Naval
Aviation Personnel Act of 1940, as
amended, for naval reservists who
suffer disability while "employed"
on active duty or training duty....
Naval Reserve enlisted man ordered to
training duty who performed travel
from his home to training duty sta-
tion, but who performed no actual
training duty because of illness re-
quiring hospitalization at place of
duty, is to be regarded as having per-
formed authorized travel to and
from training duty within meaning
of sec. 7, Naval Reserve Act of 1938,
as amended, so as to be entitled
thereunder to pay and allowances
for time required to travel from his
home to place of training duty and
return..
Under sec. 7, Naval Reserve Act of

1938, as amended, authorizing active-
duty pay and allowances for mem-