TRAVEL EXPENSES—Continued. Page TRAVEL EXPENSES-Continued. Page Overseas employees-Continued. Home leave-Continued. at time of transfer overseas and at time of executing reemployment agreement but who, after completion of home leave travel when he visited Kansas City and Nashville, Tenn., requested 484 amended travel order to show Nash- ville as actual residence has not estab- lished that error in residence designa- tion was made but rather evidence establishes that employee's actual place of residence at time of transfer was Kansas City; therefore, payment of round-trip home leave travel at Govt. expense to other than em- ployee's residence in Kansas City may not be made..---- 337 Travel status-overseas employees who become ill or incapacitated during period of home leave may not be re- garded as in travel status after arrival at home leave point to come within purview of sec. 6.5a, Stand. Govt. Travel Regs., which permits continu. ation of per diem for travelers who take leave because of illness or injury, provided they are in fact in official travel or temporary duty status away from or en route to official station; therefore, employee's travel status having terminated on arrival at home leave point, he is not entitled to per diem for subsequent period of illness and his travel status did not commence again until he began travel to tem- porary point for consultation duty.---- 446 Expenses Act of 1946, authority-notwith- standing act of Sept. 2, 1958, which author- ized establishment of Commission on International Rules of Judicial Procedure, does not contain provision for payment of travel, subsistence and other necessary expenses for two State govt. commission members but does contain provision for 676 such expenses as are authorized by sec. 5, Admin. Exp. Act of 1946, 5 U.S.C. 73b-2, for members of Advisory Committee appointed under 1958 act, it does not follow that payment of travel expenses to two State govt. members must be denied; therefore, in view of fact that use of sec. 5, 5 U.S.C. 73b-2, for persons serving without compensation does not require other affirmative statutory authority, the two State govt. members may be considered as persons serving without compensation for payment of travel expenses...- 55 Temporary duty-after departure on leave- thorized leave of absence away from per- manent duty station is temporarily inter- rupted because he is recalled to duty, or because he is ordered to perform temporary Page 146 883 TRAVEL EXPENSES-Continued. duty at another place, and employee compliance with temporary duty--- from appropriations of employing agency. who, during period when ordered to be of regular night duties...... Payments, advance, coupon books, etc.) automobiles-although authority for pro- Page VEHICLES–Continued. than monetary considerations in foreign coverage advantageous to Govt....... in lieu of receipt) in the 86-473, 73 Stat. 143, the depreciation allow- ance given to purchasers is for computation puted on sales price after reduction of con- tract payments...-- (See Transportation, vessels) 38 U.S.C. 235, which granted to Veterans no lump-sum payment is authorized for 1407c(o), which authorizes construc- contract.------ lands Corp. to construct salt water dis- 543 VIRGIN ISLANDS-Continued. Page WORDS AND PHRASES Page “Active duty" Provision in seo. 208, Naval Reserve Act of 1938, which excluded two months of obligated active duty in each 4-year pe- riod which enlisted members were re- quired to perform after transfer to Fleet Reserve for recomputing retainer and retired pay based on active service after retirement or transfer, was effective until repeal by act of Aug. 10, 1956, so that such active duty performed prior to Aug. 10, 1956, is not creditable to increase retired pay; however, in view of definition of active duty in 10 U.S.C. 101(22), such training duty performed after Aug. 10, 1956, by enlisted members after transfer to Fleet Reserve is to be regarded as active duty for increasing retainer or re- tired pay under 10 U.S.C. 1402(a)---- 217 Although active duty for training per- ber of reserve component of Armed Forces may be considered as active duty to determine eligibility for, or the amount of, lump-sum readjustment pay under act of July 9, 1956, such duty per- formed prior to Aug. 10, 1956, may not be considered as active duty for those pur- poses because change in definition of active duty to include training duty con- tained in act of Aug. 10, 1956, does not apply retroactively.--- 223 Inclusion in definition of "active duty" in 10 U.S.C. 101(22), which was enacted into positive law by act of Aug. 10, 1956, of “full time training duty" requires ap- plication of such definition to service ponents of Armed Forces after such date rather than more restrictive definition in sec. 101(b), Armed Forces Reserve Act of 1952; therefore, member of reserve component may have periods of active duty for training performed on or after Aug. 10, 1956, credited as part of continuous active duty necessary for eli- gibility for lump-sum readjustment pay- ment prescribed in sec. 265, Armed Forces Reserve Act of 1952, as added by act of July 9, 1956, and, since active serv- ice means service on active duty (10 U.S.C. 101(24)), he may have such serv- ice included for use as a multiplier in computation of amount of readjustment pay. 36 Comp. Gen. 129, modified... 223 bers of uniformed services after retire- ment, but prior to Aug. 10, 1956, may not be included in computation of length of active service to increase retired pay, there being no indication of congressional intention that 10 U.S.C. 101(22), as en- acted into positive law by act of Aug. 10, 1956, which effected substantive change 98 WORDS AND PHRASES-Continued. Page | WORDS AND PHRASES-Continued. Page improvements come within prohibition in 10 U.S.C. 6112(b) and he is precluded from receiving retired pay from Navy -------- 366 241 “Conviction”-the effective date of a convic- tion for stoppage of retired pay pursuant to sec. 1, act of Sept. 1, 1954, 5 U.S.O. 2282, should, in absence of an authoritative judicial decision, be determined in a man- ner which will result in the least expendi- ture of public funds so that the day a jury returns a verdict of guilty, rather than a later date when judgment is ordered exe- cuted, should be considered time of con- vietion and retired pay stopped the following day ------- - 741 were incurred in shipment of replaced con- struction material lost or damaged beyond repair in derailment on Alaska Railroad so replaced material could reach construc- 681 tion site before adverse weather conditions began may not be regarded as cost incident to urgent or special condition which was within knowledge of Alaska Railroad at time of acceptance of rail shipment to make carrier liable, even though Railroad had knowledge of the character and use of material and general knowledge of when adverse construction weather would begin; therefore, in absence of actual communica- tion to Railroad of importance of prompt delivery the consequences of delay, air transportation costs are not foreseen or anticipated expenses to be natural and probable consequences of breach of con- tract for shipment within definition of general damages to make Railroad liable.. 700 U.S.C. 4837(d) and 9837(d), which author- ize the remission or cancellation of enlisted member's debts remaining unpaid at time of discharge, refers to actual termination of status on active list and not to any formal document received by member upon re- lease from active duty so as to bring mem- bers no longer performing active service within purview of law; therefore, debts of 822 enlisted members which accrued during active duty or subsequent to retirement may not be remitted or canceled under 10 U.S.C. 4837(d) and 9837(d) after enlisted member has been retired or transferred to Reserves... 415 prisoners” in sec. 303(e), Career Compensa- tion Act, which defines classes of military personnel entitled to travel and transporta- tion at Govt. expense, has reference to prisoners discharged from U.S. military confinement facilities rather than former members discharged under other than honorable conditions upon release from confinement in civilian prisons; therefore, travel and transportation authority in sec. 303 of Career Compensation Act of 1949 . 270 WORDS AND PHRASES-Continued. Page WORDS AND PHRASES-Continued. Page may not be used as authority for furnishing "Legal training"-Continued. tute “training in a legal profession,” which is prohibited by sec. 618, Dept. of 206 Defense Appropriation Act, 1959, 72 Stat. 727, and, in view of specific availability of appropriations for training of civilian employees when approved by Secretary of one of military departments, such legal training contracts will not be ob- jected to when approved... 68 “May" To construe word “may” in multiple item invitation which provides that bids will be made by individual items and speci- fies that "bids on the basis of award in the aggregate may be rejected,” in per- missive sense to permit consideration of “all or none" bid would nullify and render meaningless requirement for con- sideration of bids by individual items only and, therefore, word “may” must be construed as word of command so that “all or none” bid is qualified bid which must be rejected as nonresponsive to invitation; however, in view of ambi- guity, rejection of all bids and readver- tisement under invitation which would leave no doubt as to acceptability or nonacoeptability of "all or nono” bids would be in best interests of Govt... 148 To construe sec. 403, Agricultural Trade Development and Assistance Act of 1954, 7 U.S.C. 1731, which provides with re- spect to sales of surplus agricultural com- modities to friendly nations “that pay. ments may be made in approximately equal annual amounts over periods not to exceed 20 years," as authorizing pay- ments on a biannual or deferred 10- or 20-year payment basis would be to con- strue the word “may” in its permissive sense without consideration for entire context of sentence and without regard to qualifying words "in approximately equal annual amounts"; therefore, while the section does permit slight flexibility or variation in annual amount, it may not be construed as authorizing payment in other than equal annual amounts or in 823 approximately equal annual amounts... municipalities” as used in highway ad- vertising control exemption in 23 U.S.C. 131(b), which excludes highways travers- ing commercial and industrial zones within boundaries of incorporated municipalities, is construed to include incorporated towns 58 in view of general meaning of "municipal” as applicable to towns, cities, and in- corporated villages and in light of legis- lative history which shows congressional intent that regulatory prerogatives of in- corporated municipalities are not to be encroached upon.--. 807 590 |
