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WORDS AND PHRASES—Continued

"Official business"

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--

"Proceed time”

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]------

"Retainer pay"

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

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WORDS AND PHRASES-Continued

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"Temporary lodging allowance"-Continued

not entitled to temporary lodging allowance prior to effective date of
change in home port----

505

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-----

"Twenty years' 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_-_-.

"Veteran"

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

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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-.

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U.S. GOVERNMENT PRINTING OFFICE 1965 0-758-984

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