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![handle is hein.gao/gaobadjzc0001 and id is 1 raw text is:
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CECII3ION
0 112- () C r ---/ --7 Ot'O- e
rHm CCMPTROLLEPI GIENIERAL
OF THE LINITEDS STATES
WAHINQTON, 0,0, 20640
FILE: B-204533
MATTER OF:
DIGEST;
DATE;
December 30, 1981
commander Martin Pt Merrick,
Petty Officer Albert Jackson,
USN,
Jr,,
and
U7N
Without specific statutory avthorization,
employmtent of active duty n&val personnel
in Federa]. civilian positions in connection
with high school extracurricular activities
is unauthorized as incompatible with thu
members' military duties and compensation
for these services may not be paid from
appropriated funds,
This action is in respon:se to a requjest for an advance
decision on the propriety of payment of the cla;Lms of
Lieutenant commander Martin P. Merrick, USN, and Chief
Pety officer Albert Jackson, Jr,, USN, active duty
military personnel, who seek compensation for additional
duties performed at thq Roosevelt Roads Naval Station,
Ceiba, Puerto Rico, Under the general rule that,,, in the
absence of specific statutory authorization therefor,
any arrangement by a member of the unifi-med sevvices
for the rendition of services to the Government in
another position or employment is incompatible with
the member's military duties, the claims must be denied.
At the time these claims arose, commander Merrick
and Petty Officer Jackson were on active duty in the
United States Navy, stationed at the Roosevelt Roads
Naval Station. After normal working hours, the two
claimants were employed at the Roosevelt Roads High
School as Drama Club Director and Junior Varsity Coach,
respectively. Roosevelt Roads High School, n unit
of the Antilles Consolidated School System, is operated
with appropriated funds by the United States Department
of Defense. Each claimant requests compensation for
these additional duties at the rate of $750 for the
school years 1980-1981. The superintendent of the
school system has taken the pc sition thnt certain
provisions of the Dual Compensation Act of 19G4, as
amended, now codified to 5 U.S.C. §§ 5531-5537, provide
for excoptions to the dual compensation restrictions,
thus enabling the members to accept the compensation
for their service at the high school.](ViewImageLocal?handle=hein.gao/gaobadjzc0001&div=1&collection=&method=preview&ext=.png&size=3)