B-118529, APR. 27, 1954

B-118529: Apr 27, 1954

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USAF: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27. AFM 40- 1) UNDER WHICH THE EMPLOYEES WERE EXCUSED WITHOUT LOSS OF PAY OR CHARGE TO LEAVE. YOU ARE ADVISED THAT SINCE NO STATUTORY AUTHORITY HAS BEEN FOUND FOR THE ADMINISTRATIVE ACTION TAKEN IN THIS CASE. IT IS UNDERSTOOD FROM INFORMAL CONTACT WITH A REPRESENTATIVE OF THE AIR FORCE THAT A MODIFICATION OF THE EXISTING REGULATION IS NOW IN PREPARATION. THE TERMS OF WHICH ARE SUCH THAT A SITUATION SUCH AS PRESENTED IN THIS CASE IS NOT EXPECTED TO ARISE AGAIN.

B-118529, APR. 27, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL W.S. HARRIS, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1954, TO MR. E.L. FISHER, GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, REQUESTING REMOVAL OF CERTAIN EXCEPTIONS TAKEN BY THIS OFFICE IN CONNECTION WITH THE ADMINISTRATIVE EXCUSING OF FIVE EMPLOYEES FOR EXTENDED NATIONAL GUARD DUTY IN CONNECTION WITH CERTAIN PRISON RIOTS AND REQUESTING AN OPINION AS TO THE VALIDITY OF THE AIR FORCE REGULATION (PARAGRAPH 16A, SECTION 3, CHAPTER AF L1, AFM 40- 1) UNDER WHICH THE EMPLOYEES WERE EXCUSED WITHOUT LOSS OF PAY OR CHARGE TO LEAVE.

YOU ARE ADVISED THAT SINCE NO STATUTORY AUTHORITY HAS BEEN FOUND FOR THE ADMINISTRATIVE ACTION TAKEN IN THIS CASE, NO BASIS EXISTS FOR THIS OFFICE TO REMOVE THE EXCEPTIONS IN QUESTION. HOWEVER, IT IS UNDERSTOOD FROM INFORMAL CONTACT WITH A REPRESENTATIVE OF THE AIR FORCE THAT A MODIFICATION OF THE EXISTING REGULATION IS NOW IN PREPARATION, THE TERMS OF WHICH ARE SUCH THAT A SITUATION SUCH AS PRESENTED IN THIS CASE IS NOT EXPECTED TO ARISE AGAIN.