Request for Compensation

An advance decision was requested on the propriety of paying the claims of two Navy officers who seek compensation for additional duties performed at a naval station. After normal working hours, the two claimants were employed at a local high school which is operated with appropriated funds by the Department of Defense. Each claimant requested compensation for these additional duties. The superintendent of the school system took the position that certain provisions of the Dual Compensation Act of 1964 provide for exceptions to the dual compensation restrictions, thus enabling the officers to accept the compensation for their service at the high school. The issue was whether a person in the active military service may, in the absence of statutory authority, be employed in a Federal civilian capacity and be paid from appropriated funds. GAO held that employment of an active duty military member in a civilian position is unauthorized unless specifically permitted, based on a conclusion that such employment is incompatible with military duty. Accordingly, the claims were denied.