WORDS AND PHRASES—Continued
Travel by employees to take Govt. records to court or to appear as wit- nesses in official capacity in response to subpoenas issued by either State or Federal courts incident to private litigation may not be considered travel in performance of official business within meaning of Travel Ex- pense Act of 1949, 5 U.S.C. 835, et seq., and, therefore, appropriated funds may not be used to pay expenses of employees for such travel---- "Performed" for transportation purposes
In transit shipments under Govt. bills of lading which originated in 1953 but were not delivered at destination until after Aug. 26, 1958-date of act (49 U.S.C. 66) establishing 3-year limitation on claims for transpor- tation performed and paid for after such date must be regarded as being performed within meaning of act when shipments were delivered at desti- nation rather than when shipments originated; therefore, since claims for additional freight charges were not received in GAO until more than 3 years after both performance of transportation and payment, claims are barred by act--
Members of uniformed services who are on proceed time incident to travel between permanent duty stations are free to travel where they please, with or without dependents, or to remain at their residences so that during such proceed time element of enforced separation for entitlement to family separation allowance under 37 U.S.C. 427 (b), clauses (1) and (3), is not present; therefore, periods of proceed time should be ex- cluded in computation of family separation allowance payments under 37 U.S.C. 427(b). [Question 5]------
Fleet Marine Corps Reserve enlisted member who was in receipt of re- tainer pay and compensation as civilian employee when he was trans- ferred to retired list and advanced to officer grade under 10 U.S.C. 6151 is not required to have retainer pay considered "retired pay for or on ac- count of services as a commissioned officer" or as "retired pay" as used in double compensation restriction in sec. 212, Economy Act of 1932, 5 U.S.C. 59a; therefore, since retainer pay received by member during calendar year is not for inclusion in applying double compensation limita- tion and since member's retired pay and civilian compensation is less than $10,000 for calendar year retired pay withheld may be paid‒‒‒‒‒‒ "Temporary duty"
Member of uniformed services who is transferred from duty station in U.S. to hospital as patient in attached status for period in excess of 30 days may not have transfer regarded as assignment for performance of temporary duty to qualify for family separation allowance for tem- porary duty for more than 30 days prescribed in 37 U.S.C. 427 (b) (3)___ "Temporary lodging allowance"
When dependents of members of Navy assigned to vessel duty arrive in vicinity of overseas home port of vessel and occupy temporary lodgings prior to effective date of change of home port of vessel from U.S. to over- seas home port, condition for entitlement to temporary lodging allow- ance, which is in nature of permanent change of station emolument, has not been met until new home port of vessel becomes member's perma- nent duty station on effective date of orders and, therefore, members are
WORDS AND PHRASES-Continued
"Temporary lodging allowance"-Continued
not entitled to temporary lodging allowance prior to effective date of change in home port----
Since members of uniformed services arriving at new permanent duty stations overseas under permissive travel orders issued at their request for personal convenience are required to pay own travel and transporta- tion expenses under such permissive orders, temporary lodging allow- ance, which is in substance continuation of travel per diem to reimburse members for more than normal expenses directly attributable to change of station, are not payable; however, housing and cost-of-living allow- ances, which are based on average costs normally incurred on perma- nent duty overseas, are to be distinguished from costs incident to change of station and such allowances are payable to members---- "Trainship service"
Use of trainship service between U.S. and Alaska to move military cargo in rail cars which are transferred without unloading to foreign built and foreign registered ship for ocean segment of trip and, after arrival at Alaskan port, continue on tracks to destination under single through bill of lading is not use of rail service but transportation by sea on for- eign vessel in violation of Cargo Preference Act of 1904 (10 U.S.C. 2631), requiring shipments of defense supplies to move on American vessels, in view of purpose of preference statutes to protect American shipping from foreign competition and classification of seatrain service, which is comparable to trainship service, as common carrier by water and, there- fore, Defense Dept. does not have authority to utilize such proposed trainship service-----
Longtime construction of term "20 years of service," in 10 U.S.C. 6384 (a) relating to involuntary separation of Navy officers with less than 20 years of service by selection board action, as meaning 20 years of total com- missioned service in Regular Navy is tenable construction and, there- fore, Marine Corps officer with more than 20 years of enlisted Reserve officer and Regular commissioned officer service but less than 20 years of Regular commissioned service when selection board reports officer as un- satisfactory for discharge with severance pay is officer with less than 20 years of service within 10 U.S.C. 6384 (a) so that action of selection board is legal_-_-.
Enlisted member of Marine Corps without dependents who was hos- pitalized in Veterans Admin. hospital for period before placement on temporary disability retired list is not considered veteran for retired pay reduction purposes under 38 U.S.C. 3203 (a)(1) until placement on retired list and seventh calendar month following month of admission when veteran's retired pay must be reduced for treatment and care is computed from month following placement on temporary retired list... "Waiver"
Once right has been exercised there is nothing to waive, as term "waiver" is not associated with accomplished payment, but is intentional relinquishment or abandonment of known right or privilege, therefore, upon acceptance of readjustment pay member of uniformed services has nothing to waive; however, if allowed to refund amount of readjustment
WORDS AND PHRASES-Continued
"Waiver"-Continued payment received, member is placed in same position as if he had not re- ceived readjustment pay insofar as retired pay is concerned, and effect of such refund with respect to taxes is for consideration by Internal Revenue Service and State tax agencies___
"Work directly upon the site"
Work performed by mechanics and laborers of contractors, subcontrac- tors or materialmen off site of Federal construction project subject to Davis-Bacon Act, 40 U.S.C. 276a, is not work "directly upon the site" within meaning of that phrase in act which phrase must be construed as work within exact confines of place of performance of construction or precise location of work and, therefore, work performed by employees of material supplier three miles from construction area is not work sub- ject to minimum wage provisions of Davis-Bacon Act-.
U.S. GOVERNMENT PRINTING OFFICE 1965 0-758-984
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