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CLAIMS Continued.

Reporting to Congress-lapsed appropria-
tions-workmen's compensation awards—
in view of 31 U. 8. Code 713 with respect
to covering into the Treasury of unex-
pended appropriation balances, periodic
workmen's compensation payments, ex-
tending over a number of years, which are
required to be made to an employee of a
State or other agency injured during fiscal
year 1943 while conducting defense train-
ing courses-cost of which, including work-
men's compensation payments, is payable
from Labor-Federal Security appropria-
tion, 1943-may be made from said 1943
appropriation only during that year and
for two fiscal years thereafter; subsequent
thereto the matter is for consideration of
Congress under 31 U. S. Code 714........
Settlements. See General Accounting Office,
settlements.

CLASSIFICATION:
Field service:

Administrative discretion, in general, un-
der mandatory-classification provisions
of Brookhart Salary Act-words "so far
as may be practicable" appearing in sec.
2. Brookhart Salary Act of July 3, 1930,
requiring heads of depts., etc., to adjust
compensation of field service positions
to correspond to rates established by
law for departmental positions in Dist.
of Col., do not vest in administrative
office any authority to fix salary rates of
field positions without regard to Classi-
fication Act, but do recognize some
administrative discretion with respect
thereto.....

Cooperative employees-paid partly by
State and partly by Federal Govern-
ment-since it now appears from addi-
tional facts presented that the appoint-
ment, fixing of salaries in accordance
with Classification Act, supervision of
work, etc., of Geological Survey em-
ployees engaged on State-Federal co-
operative projects are controlled by
Federal Govt. rather than by the States,
it is concluded that the employees
occupy permanent Federal positions
within the purview of the Classification
Act..

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Page CLASSIFICATION-Continued.
Field service-Continued.

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491

718

approval by proper administrative
officer, or at such later date as might be
administratively fixed....

Positions outside United States:

As being mandatory-positions embraced
by Brookhart Salary Act-pursuant to
sec. 2 of Brookhart Salary Act of July
3, 1930, the heads of executive depart-
ments and establishments are required
to adjust compensation of civilian
field service positions in the territories
and insular possessions of U. S. and
in foreign countries to the grades and
compensation schedules of the Classi
fication Act of 1923, as amended, un-
less such positions are expressly ex-
cepted by statute from the said classi-
fication act...---

At grades higher than those for similar
positions in continental U. S.-effect of
President's differential-establishment
authority on administrative allocation-
in absence of Executive order extending
under authority of act of Nov. 26, 1940,
all provisions of classification act to
positions in custodial service under
P. O. Dept. in Alaska, said Dept. may
administratively allocate such positions
one or more grades higher than grades
in which same or similar positions are
allocated in continental U. S., provided
salary rate so fixed for position in Alaska
does not exceed by more than 25 percent
the authorized salary rate for same or
similar position in States...
Reallocation:

Effective date:

Page

491

432

Duties of grades changed by statute—
where, by reason of act of Aug. 1,
1942, changing description of duties of
positions to be allocated in certain
grades of the crafts, protective, and
custodial service, reallocation of a
position to another grade is required,
the effective date of the salary change
resulting from such reallocation is for
determination in accordance with the
usual rules respecting effective date of
reallocations of positions, and may not
be made retroactively effective to Aug.
1, 1942-the effective date of the act... 526
General rule-upon reallocation of a
position in departmental service, in-
volving action by both administrative
office and Civil Service Commission,
the resulting change in salary is effec-
tive at beginning of pay period current
when notice of reallocation is received
in administrative office, but in the
field service, involving action by ad-
ministrative office only, the change in
salary is effective on date of approval
by proper administrative officer, or at
such later date as might be adminis-
tratively fixed.....

526

CLASSIFICATION—Continued.
Reallocation-Continued.

Field Service. See Classification, Field
Service, reallocation.
Promotions-wage and salary stabilization
effect-neither Exec. Order 9250, issued
Oct. 3, 1942, with respect to wage and
salary stabilization pursuant to inflation-
prevention provisions of act of Oct. 2,
1942, nor the regulations of the Economic
Stabilization Director, issued Oct. 27,
1942, pursuant to said Executive order,
requiring, insofar as here pertinent, the
prior approval therein specified of certain
increases in salaries or wages, affect in
any manner salary increases resulting
from changes in classification and with-
in-grade promotions made pursuant to
Classification Act of 1923, as amended..
Salary rates of grades changed by statute-
initial salary rate adjustments-effective
date effect of provisions in act of Aug. 1,
1942, eliminating lower salary rates and
adding higher rates at top of ranges of
certain grades in the subprofessional and
the crafts, protective, and custodial
services, is to require an adjustment,
effective Aug. 1, 1942, in any salary rate
eliminated by the act so as to pay em-
ployee the new minimum salary rate of
same grade occupied by him on Aug, 1,
1942, based on the then existing allocation
of the position..............

Transfers:

Initial salary rates:

Former position not under Classification
Act-an employee who served in an
unclassified position, then served in a
position without compensation, and
subsequently was reappointed to a
classified position may-notwithstand-
ing the intervening period of service
without compensation-be paid initial-
ly at any rate in salary range of grade
to which reappointed, not exceeding
rate previously received in unclassified
position.......

Temporary census employees retrans-

ferred to permanent rolls:
Salary rate of nonclassified temporary
census employees restored by re-
transfer under sec. 3, act of June 18,
1929, to their former classified posi
tions on Census Bureau permanent
roll may be fixed initially, upon re-
transfer, at any rate within their
respective classified grades, not to
exceed rate previously paid in un-
classified positions. 21 Comp. Gen.
386, modified.....

Where permanent classified position,
from which census employee was
transferred under sec. 3, act of June
18, 1929, to temporary unclassified
position during decennial census
period, has been reallocated prior to

Page CLASSIFICATION-Continued.
Transfers-Continued,

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Initial salary rates-Continued.
Temporary census employees retrans-
ferred to permanent rolls-Con.
retransfer pursuant to said section
to former permanent position, em-
ployee's salary rate may be fixed
initially, upon retransfer, at any
rate within the grade as reallocated,
not to exceed rate previously paid
in unclassified position....
Unclassified to classified positions:
Salary rate of nonclassified temporary
census employees restored by re-
transfer under sec. 3, act of June 18,
1929, to their former classified posi-
tions on Census Bureau permanent
roll may be fixed initially, upon re-
transfer, at any rate within their
respective classified grades, not to
exceed rate previously paid in un-
classified positions. 21 Comp. Gen.
386, modified...
Where permanent classified position,
from which census employee was
transferred under sec. 3, act of June
18, 1929, to temporary unclassified
position during decennial census
period, has been reallocated prior to
retransfer pursuant to said section
to former permanent position, em-
ployee's salary rate may be fixed
initially, upon retransfer, at any
rate within the grade as reallocated,
not to exceed rate previously paid in
unclassified position.......

CLOTHING:

Civilian:

On discharge-desertion as effecting
automatic extension of enlistment-
provision in act, July 30, 1937, to effect
that an enlistment in Coast Guard shall
not be regarded as complete until en-
listed man shall have served time lost on
account of unauthorized absence, etc.,
does not operate to extend automatic-
ally enlistment of a deserter who is not
apprehended, or does not surrender,
until after his enlistment has expired, so
that such a deserter is not in the service
after expiration of his enlistment and,
hence, is not entitled to be furnished
civilian clothing upon discharge there-
after "under conditions otherwise than
honorable"....
Selectees, enlistees, etc.-shipment of
clothing to home-if an appropriation
is available for shipping home civilian
clothing of selectees and certain other
personnel at Govt. expense, procedure
proposed approved whereby War Dept.
will not issue Govt. bills of lading but
will make shipments by prepaid ex-
press,” provided, provision authorizing
shipu
rticles authorized to be
of other arti-

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69

CLOTHING-Continued.
Civilian-Continued.

cles at expense of shipper be either elimi-
nated or clarified to permit accurate
verification of Govt.'s share of transpor-
tation charges; and provided carrier
support its bills with consignees' receipts
for delivery...

Uniforms:

See, also, Personal Furnishings.
Army of the United States:

Advancement in pay period or rank
beyond that for which uniform allow-
ance is authorized-right of Army
officer on active duty on Dec. 4, 1942,
to uniform allowance authorized by
act of that date for personnel of Army
of U. S. on active duty on or after that
date who were on active duty on Apr.
3, 1939, or were thereafter accepted for
active duty, and who were entitled to
pay of first, second or third period on
Apr. 3, 1939, or on date of acceptance,
is not affected by fact that after
acceptance for active duty on Apr. 14,
1942, as a captain entitled to pay of
third period, he became entitled to
pay of fourth period and was subse-
quently released and thereafter re-
called to active duty while entitled to
fourth period pay.
Contract surgeons, entitlement in
general-full time contract surgeons
serving with Army of U. S. render
services as civilian physicians and do
not serve in any of the grades specified
in act of Dec. 4, 1942, which authorizes
payment of a uniform allowance to
certain personnel in Army of U. S. or
any component thereof on active duty
in the grades specified therein, and,
therefore, payment of said allowance
to such contract surgeons is not
authorized.
Recommission:

Commission following commissioned
service in prior World War-right
of officer in Army of U. S. or in
Officers' Reserve Corps to uniform
and equipment allowance authorized
by act, Mar. 9, 1942, is not affected,
insofar as such right depends upon
whether or not his commission is an
original one, by commissioned serv-
ice in World War (1917-1918) in any
component of Army of U. S. except
Regular Army.
Commission in Army of U. S. following
commission in component organiza-
tion-A person commissioned sub-
sequent to Sept. 26, 1941, in the
Army of the U. S. after having pre-
viously held a commission in the
Officers' Reserve Corps or in the
Regular Army is not entitled, upon
being accepted for extended active
duty, to uniform and equipment

Page CLOTHING-Continued.
Uniforms-Continued.

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201

Army of the United States-Contioned.
Recommission-Continued.

Page

allowance authorized by sec. 2, set,
Mar. 9, 1942, for persons originally
commissioned on or subsequent to
Sept. 26, 1941, in Army of U. 8..... 201
Commission in Army of U. S. following
commission in Marine Corpe-per-
son commissioned in Army of U. 8.
subsequent to Sept. 26, 1941, who
previously had held a commission
in Marine Corps Reserve is entitled,
upon acceptance for extended active
duty, to the uniform and equipment
allowance authorized by sec. 2, act,
Mar. 9, 1942, for persons originally
commissioned on or subsequent to
Sept. 26, 1941, in Army of United
States.

Commission in Regular Army follow-
ing commission in Officers' Reserve
Corpe-A person accepted prior to
Sept. 26, 1941, for extended active
duty as an Officers' Reserve Corps
officer but who, subsequent to Sept.
26, 1941, and prior to Mar. 9, 1942,
accepted a commission in the Regu-
lar Army is not serving under an
original commission so as to entitle
him to the uniform and equipment
allowance authorized by sec. 2, act,
Mar. 9, 1942, for officers originally
commissioned subsequent to Sept.
26, 1941, in Army of U. S. or certain
components thereof...

Coast Guard Reserve-reporting for duty
prior to act prohibiting additional allow.
ances-under act of July 11, 1941, amend-
ing sec. 210, Coast Guard Auxiliary and
Reserve Act of 1941, so as to authorize
additional uniform allowance of $150 to
be paid officers of Reserve "when they
first report for active duty" in time of
war or national emergency, officer of
Reserve who already was on active duty
on date of amendatory act-during na-
tional emergency proclaimed on Sept.
8, 1939-is entitled to additional allow.
ance the same as reservists thereafter
reporting for duty...
Gratuity under Naval Aviation Cadet Act
as barring gratuity under Naval Reserve
Act-an officer who was commissioned
in Marine Corps Reserve pursuant to
Naval Aviation Cadet Act of 1942 and
who received the uniform gratuity of
$150 authorized by section 11 of that act
is not entitled to an additional uniform
gratuity under last proviso of sec. 302,
Naval Reserve Act of 1938, upon being
assigned to active duty during war or
national emergency..

National Guard:

Entitlement as if commissioned in Army
of the United States-National Guard

201

201

1141

543

CLOTHING-Continued.
Uniforms-Continued.

National Guard—Continued.

officer who has served on active duty
since Sept. 16, 1940, in his capacity as
such an officer is not entitled to uni-
form and equipment allowance au-
thorized by sec. 2, act, Mar. 9, 1942, for
persons originally commissioned on or
subsequent to Sept. 26, 1941, in Army
of U. S., and for Officers' Reserve
Corps officers commissioned prior to
Sept. 26, 1941..
Entitlement as if commissioned in
Officers' Reserve Corps-National
Guard officer who has served on active
duty since Sept. 16, 1940, in his capac-
ity as such an officer is not entitled to
uniform and equipment allowance
authorized by sec. 2, act, Mar. 9, 1942,
for persons originally commissioned
on or subsequent to Sept. 26, 1941, in
Army of U. S., and for Officers' Re-
serve Corps officers commissioned
prior to Sept. 26, 1941..
General rule as to entitlement under
acts of May 14, 1940, and Mar. 9,
1942-neither of uniform and equip-
ment allowance acts of May 14, 1940,
and Mar. 9, 1942, was made applicable
to National Guard officers, except pos-
sibly National Guard officers who
may have been or may be, commis-
sioned subsequent to Sept. 26, 1941,
in Army of the United States.
Officers' Reserve Corps:
Effect of prior training periods:
Multiple training periods in same

fiscal year-A period of active duty
training of 3 months or less com-
pleted by an Officers' Reserve Corps
officer in same fiscal year he had
completed a prior similar training
period is not to be counted as one of
the active duty training periods of
3 months or less a total of 3 of which
completed in separate fiscal years`
would preclude officer from receiv-
ing uniform and equipment allow-
ance authorized for such officers by
sec. 2, act, Mar. 9, 1942, upon ac-
ceptance for extended active duty..
Short periods with Civilian Conserva-
tion Corps continued until becom-
ing extended active duty-where
Officers' Reserve Corps officer per-
formed continuous active duty
from June 13, 1934, to September 30,
1935, with Civilian Conservation
Corps, although under separate
orders for periods of 3 months or
less, no period of such service is to be
counted as an active duty training
period of 3 months or less, a total of
3 of which completed in separate
fiscal years would preclude officer
from receiving uniform and equip-

Page | CLOTHING-Continued.
Uniforms-Continued.

201

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201

201

Page

Officers' Reserve Corps-Continued.
Effect of prior training periods-Con.
ment allowance authorized for such
officers by sec. 2, act, Mar. 9, 1942,
upon acceptance for extended active
duty...

Training period as member of Na-
tional Guard-A period of active
duty training of 3 months or less as
as a member of the National Guard
is not required to be counted by an
Officers' Reserve Corps officer as
one of the active duty training
periods of 3 months or less a total of
3 of which completed in separate
fiscal years would preclude the officer
from receiving the uniform and
equipment allowance authorized for
such officers by sec. 2, act, Mar. 9,
1942, upon acceptance for extended
active duty...
Training period completed subsequent
to uniform allowance act of May 14,
1940-an Officers' Reserve Corps
officer who has completed, in sepa-
rate fiscal years, 3 periods of active
duty training of 3 months or less is
precluded from receiving uniform
and equipment allowance authorized
for such an officer, upon acceptance
for extended active duty, by sec. 2,
act, Mar. 9, 1942, even though only
two of such active duty training
periods were completed prior to
uniform and equipment allowance
act of May 14, 1940..
Training period immediately followed
by extended active duty-an active
duty training period of 3 months or
less completed by an Officers' Re-
serve Corps officer, even though
such period be immediately followed
by extended active duty, is required
to be counted as one of the active
duty training periods of 3 months
or less a total of 3 of which completed
in separate fiscal years would pre-
clude officer from receiving the uni-
form and equipment allowance
authorized for such officers by sec. 2,
act, Mar. 9, 1942, upon acceptance
for extended active duty.....
Training periods for which allowance
was payable but not paid-where
otherwise proper, claims of Officers'
Reserve Corps officers on extended
active duty for $150 uniform and
equipment allowance authorized by
sec. 2, act, Mar. 9, 1942, may be al-
lowed in full amount without-padnie
tion of $50 for each of one
active duty training per
months or less in repowe
years complet
and equi

201

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201

201

CLOTHING-Continued.
Uniforms Continued.

Officers' Reserve Corps-Continued.
Effect of prior training periods -Con.
14, 1940, for which no allowance was
paid......
Training periods not completed be-
cause of physical unfitness-A
period of active duty training of 3
months or less which was com-
menced by a member of Officers'
Reserve Corps but not completed
because of physical unfitness of the
officer is not required to be counted
as one of the active duty training
periods of 3 months or less a total of
3 of which completed in separate
fiscal years would preclude officer
from receiving uniform and equip-
ment allowance authorized for such
officers by sec. 2, act, Mar. 9, 1942,
upon acceptance for extended active
duty......

Prior extended active duty:

Effect of such active duty commencing
prior to uniform allowance act of
May 14, 1940-right of an Officers'
Reserve Corps officer on extended
active duty to uniform and equip-
ment allowance authorized by sec.
2, act, Mar. 9, 1942, is not affected
by fact that such period of extended
active duty commenced on July 16,
1939, that is, prior to uniform and
equipment allowance act of May
14, 1940.....

Page | CLOTHING Coatinged.
Uniforms Contioned.

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2001

201

Effect of such active duty from June
1, 1936, to May 31, 1937-right of
Officers' Reserve Corps officer on
extended active duty to uniform
and equipment allowance authorized
for such officers by sec. 2, act, Mar.
9, 1942, is not affected by fact that he
performed one year of active duty
from June 1, 1936, to May 31, 1937-- 201
Short periods with Civilian Con-
servation Corps continued until
becoming extended active duty—
where Officers' Reserve Corps officer
performed continuous active duty
from June 13, 1934, to September 30,
1935, with Civilian Conservation
Corps, although under separate
orders for periods of 3 months or less,
no period of such service is to be
counted as an active duty training
period of 3 months or less, a total of
3 of which completed in separate
fiscal years would preclude officer
from receiving uniform and equip-
ment allowance authorized for such
officers by sec. 2, act, Mar. 9, 1942,
upon acceptance for extended active
duty.

Recommission:

Commission following commissioned

service in prior World War-right

201

Officers' Reserve Corpe-Continued.
Recommission-Continued.

Paze

201

of officer in Army of U. 8. or in
Officers' Reserve Corps to uniform
and equipment allowance authorised
by act, Mar. 9, 1942, is not affected,
insofar as such right depends upon
whether or not his commission is
an original one, by commissioned
service in World War (1917-1918) in
any component of Army of U. 8.
except Reguler Army............---
Entitlement where subsequently com-
missioned in Regular Army—A
person accepted prior to Sept. 25,
1941, for extended active duty ps
an Officers' Reserve Corps officer
but who, subsequent to Sept. 26,
1941, and prior to Mar. 9, 1942, se-
cepted a commission in the Regular
Army is not entitled to the uniform
and equipment allowance authorized
by sec. 2, act, Mar. 9, 1942, for
Officers' Reserve Corps officers
commissioned prior to Sept. 26, 1941. 201
National Guard service intervening
between commissions in Officers'
Reserve Corps-membership of
person in National Guard interven-
ing between two separate com-
missions in Officers' Reserve Corps
does not affect his rights as Officers'
Reserve Corps officer to uniform
and equipment allowances author-
ized for such officers by act, May
14, 1940, as amended, for active duty
training periods "following their
original appointment" mentioned
therein, or to the uniform and equip-
ment allowance authorized by sec. 2,
act, Mar. 9, 1942, for such an officer
who is accepted for extended
active duty and who has not com-
pleted his first 3 periods of active
duty training of 3 months or less in
separate fiscal years "following his
original appointment”.

Status of uniform allowance for foreign
exchange loss relief purposes-uniform
and equipment allowance authorized
for certain Army officers by act of Dec.
4, 1942-referred to as a "gratuity" in
earlier statutes containing comparable
provisions for other services-is within
scope of term "net pay and allowances"
as used in Exec. Order 7972, as amended,
issued pursuant to exchange loss act of
Mar. 26, 1934, in prescribing basis upon
which foreign currency appreciation
losses are payable to employees serving
generally under the War Department,
and, therefore, a currency appreciation
loss is payable on said allowance for
uniforms and equipment, if otherwise
proper.----

201

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