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[Appeal of Military Leave Claim]

B-214534 Sep 05, 1984
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Highlights

A Naval reserve officer appealed the Claims Group's denial of his claim for compensation for military leave incident to his participation in a 30-day active duty training period. Military pay regulations state that reserve members who serve on active duty with pay for periods of 30 consecutive days or more accrue leave for each month of active service. The officer contended that: (1) applicable military leave statutes authorize accrual of leave for each month of active service without distinguishing between duty with or without pay; and (2) the military pay regulations are overly restrictive. GAO held that: (1) agencies have been granted authority to prescribe regulations governing the accumulation of leave; and (2) the requirement that entitlement to leave credit be based on active duty performed in a pay status was not overly restrictive, since it was consistent with the purpose of military leave and statutory authority. Accordingly, the claim for leave pay may not be paid.

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