B-143475, AUG. 27, 1962
Highlights
YOUR PREVIOUS CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 2. WHICH WAS SUSTAINED BY OUR LETTER OF SEPTEMBER 23. IN THAT SUSTAINING LETTER YOU WERE INFORMED THAT AN EMPLOYEE-RESERVIST SEPARATED FOR MILITARY SERVICE OR PLACED ON MILITARY FURLOUGH PRIOR TO JANUARY 1. COULD NOT BE CONSIDERED TO ALSO HAVE A CIVILIAN OFFICER OR EMPLOYEE STATUS CONCURRENT WITH ACTIVE MILITARY SERVICE EXCEPT BY VIRTUE OF THE PROVISION OF 50 U.S.C. THAT THOSE SECTIONS TOGETHER REQUIRE THAT STATUS BE IMPUTED RETROACTIVELY TO THE EMPLOYEE BUT ONLY IF HE IS ENTITLED UNDER THOSE SECTIONS TO RESTORATION TO HIS CIVILIAN POSITION AND IS RESTORED AFTER HAVING SERVED NO LONGER THAN FOUR YEARS ON ACTIVE DUTY OR WAS RELEASED "AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS AS HE IS ABLE TO OBTAIN ORDERS RELIEVING HIM FROM ACTIVE DUTY.'.
B-143475, AUG. 27, 1962
TO MR. DENIS A. COOPER:
YOUR LETTER OF JULY 30, 1962, AGAIN PRESENTS YOUR CLAIM FOR 15 DAYS MILITARY LEAVE FOR THE FISCAL YEAR 1953 AND FOR EACH SUBSEQUENT FISCAL YEAR DURING A PERIOD OF ACTIVE DUTY AS A RESERVE OFFICER OF THE UNITED STATES AIR FORCE, DECEMBER 7, 1952, TO SEPTEMBER 20, 1961, YOU HAVING BEEN RESTORED TO YOUR CIVILIAN EMPLOYMENT EFFECTIVE SEPTEMBER 21, 1961.
YOUR PREVIOUS CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 2, 1959, WHICH WAS SUSTAINED BY OUR LETTER OF SEPTEMBER 23, 1960. IN THAT SUSTAINING LETTER YOU WERE INFORMED THAT AN EMPLOYEE-RESERVIST SEPARATED FOR MILITARY SERVICE OR PLACED ON MILITARY FURLOUGH PRIOR TO JANUARY 1, 1953, COULD NOT BE CONSIDERED TO ALSO HAVE A CIVILIAN OFFICER OR EMPLOYEE STATUS CONCURRENT WITH ACTIVE MILITARY SERVICE EXCEPT BY VIRTUE OF THE PROVISION OF 50 U.S.C. APP. 459 (G) (2) AND 549 (C); THAT THOSE SECTIONS TOGETHER REQUIRE THAT STATUS BE IMPUTED RETROACTIVELY TO THE EMPLOYEE BUT ONLY IF HE IS ENTITLED UNDER THOSE SECTIONS TO RESTORATION TO HIS CIVILIAN POSITION AND IS RESTORED AFTER HAVING SERVED NO LONGER THAN FOUR YEARS ON ACTIVE DUTY OR WAS RELEASED "AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS AS HE IS ABLE TO OBTAIN ORDERS RELIEVING HIM FROM ACTIVE DUTY.' ACCORDINGLY, YOU WERE INFORMED THAT SINCE YOU HAD SERVED MORE THAN FOUR YEARS ON ACTIVE DUTY, THE RIGHT TO HAVE SUCH CIVILIAN EMPLOYEE STATUS RETROACTIVELY IMPUTED, SHOULD YOU BE RESTORED TO YOUR CIVILIAN EMPLOYMENT UPON TERMINATION OF ACTIVE MILITARY DUTY, WOULD DEPEND UPON YOUR ABILITY TO SHOW THAT YOU COULD NOT OBTAIN RELEASE ORDERS ANY SOONER.
THE EVIDENCE SUBMITTED FOR THE PURPOSE OF SHOWING THAT YOU OBTAINED RELEASE ORDERS "AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS" AS YOU WERE ABLE TO DO SO, IS A COPY OF A LETTER ADDRESSED TO MR. PAUL W. HALLMAN, CHIEF, EMPLOYEE DEVELOPMENT BRANCH, DIVISION OF PERSONNEL, DEPARTMENT OF STATE, WASHINGTON 25, D.C., BY COLONEL STEWART S. MAXEY, USAF STAFF JUDGE ADVOCATE. THAT LETTER, WHICH IS DATED APRIL 9, 1956, REQUESTS THAT YOUR REEMPLOYMENT RIGHTS BE EXTENDED FOR A PERIOD OF ONE YEAR, THAT IS FROM DECEMBER 7, 1956, IN ORDER THAT YOU MAY SERVE OUT THE CRITICAL PHASE OF YOUR CURRENT EMPLOYMENT. EVEN IF SUCH LETTER BE REGARDED AS AN INDICATION THAT YOU WERE NOT ABLE TO OBTAIN ORDERS RELEASING YOU FROM ACTIVE DUTY, IT COULD ONLY BE SO REGARDED FOR THE PERIOD DECEMBER 7, 1956, THROUGH DECEMBER 6, 1957. NO EVIDENCE WHATSOEVER HAS BEEN FURNISHED AS TO YOUR INABILITY TO OBTAIN RELEASE ORDERS AFTER THAT DATE. THEREFORE, ON THE PRESENT RECORD YOUR CLAIM IS NOT FOR CONSIDERATION NOTWITHSTANDING YOU HAVE BEEN RESTORED TO CIVILIAN STATUS. WE POINT OUT THAT IN NO EVENT (AS INDICATED IN OUR PREVIOUS CORRESPONDENCE) COULD YOUR CLAIM BE ALLOWED FOR MORE THAN 15 DAYS OF MILITARY LEAVE FOR THE ENTIRE TOUR OF DUTY. SEE ALLISON V. UNITED STATES, CT.CL.NO. 478-60, DECIDED APRIL 4, 1962.
UPON REVIEW, OUR OFFICE SETTLEMENT OF JUNE 2, 1959, IS AGAIN SUSTAINED.