B-113029, FEBRUARY 13, 1953, 32 COMP. GEN. 363

B-113029: Feb 13, 1953

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FOR WHICH GOVERNMENT EMPLOYEES ARE ENTITLED TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY. A CIVILIAN EMPLOYEE ON NIGHT SHIFT DUTY WHO IS A MEMBER OF THE DISTRICT OF COLUMBIA NATIONAL GUARD IS NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WHILE ATTENDING WEEKLY EVENING DRILLS. 1953: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3. REQUESTING A DECISION AS TO WHETHER A CIVILIAN EMPLOYEE OF THE COAST AND GEODETIC SURVEY ON NIGHT SHIFT DUTY IS ENTITLED. PROVIDES AS FOLLOWS: ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES. IT IS REPORTED. IT IS FURTHER REPORTED THAT THE LETTER OF THE COMMANDING OFFICER CONCLUDED THEREFROM THAT THE SCHEDULED WEEKLY DRILLS CONSTITUTE SERVICE ORDERED BY THE COMMANDING GENERAL WITHIN THE PURVIEW OF THE ACT OF MARCH 1.

B-113029, FEBRUARY 13, 1953, 32 COMP. GEN. 363

LEAVES OF ABSENCE - MILITARY - DISTRICT OF COLUMBIA NATIONAL GUARD - WEEKLY EVENING DRILLS WEEKLY DRILLS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD UNITS PERFORMED PURSUANT TO SECTION 92 OF THE ACT OF JUNE 3, 1916, AS AMENDED, AND REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, AS IMPLEMENTED BY THE COMMANDING GENERAL OF THE DISTRICT OF COLUMBIA NATIONAL GUARD DO NOT CONSTITUTE SERVICE ORDERED BY THE COMMANDING GENERAL WITHIN THE MEANING OF THE ACT OF MARCH 1, 1889, AS AMENDED, FOR WHICH GOVERNMENT EMPLOYEES ARE ENTITLED TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY, AND THEREFORE, A CIVILIAN EMPLOYEE ON NIGHT SHIFT DUTY WHO IS A MEMBER OF THE DISTRICT OF COLUMBIA NATIONAL GUARD IS NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WHILE ATTENDING WEEKLY EVENING DRILLS.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF COMMERCE, FEBRUARY 13, 1953:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3, 1952, REQUESTING A DECISION AS TO WHETHER A CIVILIAN EMPLOYEE OF THE COAST AND GEODETIC SURVEY ON NIGHT SHIFT DUTY IS ENTITLED, AS A MEMBER OF THE DISTRICT OF COLUMBIA NATIONAL GUARD, TO MILITARY LEAVE OF ABSENCE, UNDER THE ACT OF MARCH 1, 1889, 25 STAT. 779, AS AMENDED, 39 DISTRICT OF COLUMBIA CODE 608, WHILE ATTENDING WEEKLY EVENING DRILLS.

THE ACT OF MARCH 1, 1889, 25 STAT. 779, AS AMENDED, 39 DISTRICT OF COLUMBIA CODE 608, PROVIDES AS FOLLOWS:

ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY OR TIME, ON ALL DAYS OF ANY PARADE OR ENCAMPMENT ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS TITLE. THIS SECTION SHALL BE CONSTRUED AS COVERING ALL DAYS OF SERVICE WHICH THE NATIONAL GUARD, OR ANY PORTION THEREOF, MAY BE ORDERED TO PERFORM BY THE COMMANDING GENERAL. (ITALICS SUPPLIED.)

IT IS REPORTED, IN YOUR LETTER, THAT THE COMMANDING OFFICER OF THE DISTRICT OF COLUMBIA NATIONAL GUARD, IN LETTER TO YOUR OFFICE, STATED THAT THE NATIONAL GUARD BUREAU HAS ESTABLISHED THAT NATIONAL GUARD UNITS SHALL HOLD 48 TWO-HOUR DRILLS PLUS A FIFTEEN-DAY FIELD ENCAMPMENT EACH YEAR, AND THAT THE COMMANDING GENERAL OF THE DISTRICT OF COLUMBIA GUARD HAS PROVIDED THAT WEEKLY DRILLS OF THE GUARD SHALL BE HELD ON THURSDAY NIGHTS. IT IS FURTHER REPORTED THAT THE LETTER OF THE COMMANDING OFFICER CONCLUDED THEREFROM THAT THE SCHEDULED WEEKLY DRILLS CONSTITUTE SERVICE ORDERED BY THE COMMANDING GENERAL WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1889, QUOTED ABOVE, AND THAT MILITARY LEAVE IS PROPERLY FOR GRANTING AS TO THE DRILL PERIODS.

WEEKLY DRILLS OF THE NATIONAL GUARD UNITS ARE PROVIDED FOR IN SECTION 92 OF THE ACT OF JUNE 3, 1916, 39 STAT. 206, AS AMENDED, 32 U.S.C. 62, WHICH PROVIDES IN PART AS FOLLOWS:

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE, EACH COMPANY, TROOP, BATTERY, AND DETACHMENT IN THE NATIONAL GUARD SHALL ASSEMBLE FOR DRILL AND INSTRUCTION, INCLUDING INDOOR TARGET PRACTICE, NOT LESS THAN FORTY-EIGHT TIMES EACH YEAR * * *.

THE REGULATIONS OF THE SECRETARY OF THE ARMY WITH RESPECT THERETO ARE SET OUT GENERALLY IN NATIONAL GUARD REGULATIONS NO. 45, DATED JULY 14, 1952. PARAGRAPH 15 OF THOSE REGULATIONS PRESCRIBES THAT DRILL PERIODS OF ARMORY TRAINING SHALL BE FOR A MINIMUM OF TWO HOURS, AND PARAGRAPH 18 THEREOF REQUIRES THE POSTING OF SCHEDULES AS TO THE DATES AND HOURS OF THE ASSEMBLIES BY THE UNIT COMMANDER. THUS, WHILE THE COMMANDING GENERAL OF THE DISTRICT OF COLUMBIA NATIONAL GUARD MAY HAVE PRESCRIBED THE DAY OF THE WEEK FOR HOLDING THE WEEKLY DRILLS AND TO THAT EXTENT IMPLEMENTED THE REQUIREMENTS PRESCRIBED BY SECTION 92 OF THE ACT REFERRED TO ABOVE AND REGULATIONS OF THE SECRETARY OF THE ARMY, THE DRILLS DO NOT APPEAR TO CONSTITUTE SERVICE ORDERED BY THE COMMANDING GENERAL WITHIN THE MEANING OF THE LAST SENTENCE OF THE ACT OF MARCH 1, 1889, AS AMENDED. ALSO, THE WORD "SERVICE" AS THERE USED APPEARS TO RELATE TO SUPPRESSING RIOTS, TUMULTS AND OTHER EXTRAORDINARY DUTIES, RATHER THAN TO ROUTINE ATTENDANCE AT WEEKLY DRILLS, NOR DO SUCH DRILLS APPEAR TO FALL WITHIN THE MEANING OF THE WORDS "PARADE OR ENCAMPMENT ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS TITLE" OF THE CODE PROVISION QUOTED ABOVE. SEE 20 OP. ATTY. GEN. 669, 6 COMP. DEC. 836.

ACCORDINGLY I HAVE TO ADVISE THAT THE GRANTING OF MILITARY LEAVE FOR THE WEEKLY DRILL PERIODS HERE INVOLVES IS NOT AUTHORIZED.