B-137653, MAY 29, 1962

B-137653: May 29, 1962

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WHICH CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 12. YOU WERE SEPARATED FROM YOUR POSITION WITH THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 3. YOU WERE ELIGIBLE FOR RELEASE FROM ACTIVE DUTY ON SEPTEMBER 30. YOU VOLUNTEERED TO REMAIN ON SUCH DUTY AND HAVE SERVED IN THE ARMY SINCE THAT DATE. AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY MILITARY LEAVE OF ABSENCE FROM A CIVILIAN POSITION WITH THE GOVERNMENT WAS AUTHORIZED ONLY FOR PERIODS OF TRAINING DUTY. HAVE BEEN ALLOWED MILITARY LEAVE WITHOUT REGARD TO THEIR RETURN TO CIVILIAN EMPLOYMENT WE HAVE DETERMINED THAT A RESERVIST WHOSE ACTIVE MILITARY DUTY BEGAN BEFORE JANUARY 1. MUST HAVE BEEN RELEASED FROM SUCH DUTY WITHIN 4 YEARS OR AS SOON AFTER THE EXPIRATION OF SUCH 4 YEARS AS HE IS ABLE TO OBTAIN RELEASE.

B-137653, MAY 29, 1962

TO COLONEL MILTON E. WERTZ, JAGC:

ON MAY 1, 1962, YOU REQUESTED THAT WE CONSIDER YOUR CLAIM FOR MILITARY LEAVE AS A RESERVE OFFICER OF THE ARMY ON ACTIVE DUTY SINCE SEPTEMBER 4, 1951, WHICH CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF DECEMBER 12, 1958.

YOU WERE SEPARATED FROM YOUR POSITION WITH THE GENERAL ACCOUNTING OFFICE ON SEPTEMBER 3, 1951, AND ORDERED TO ACTIVE DUTY IN THE U.S. ARMY EFFECTIVE SEPTEMBER 4, 1951. YOU WERE ELIGIBLE FOR RELEASE FROM ACTIVE DUTY ON SEPTEMBER 30, 1954, BUT YOU VOLUNTEERED TO REMAIN ON SUCH DUTY AND HAVE SERVED IN THE ARMY SINCE THAT DATE.

AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY MILITARY LEAVE OF ABSENCE FROM A CIVILIAN POSITION WITH THE GOVERNMENT WAS AUTHORIZED ONLY FOR PERIODS OF TRAINING DUTY. SECTION 804 (A) OF THE ARMED FORCES RESERVE ACT OF 1952, EFFECTIVE JANUARY 1, 1953, 66 STAT. 506, AUTHORIZED MILITARY LEAVE FOR CIVILIAN EMPLOYEES WHEN ON ACTIVE DUTY AS WELL AS WHEN IN TRAINING DUTY. ALTHOUGH CIVILIAN EMPLOYEE RESERVISTS WHO ENTERED ACTIVE DUTY AFTER JANUARY 1, 1953, THE EFFECTIVE DATE OF THE 1952 ACT, HAVE BEEN ALLOWED MILITARY LEAVE WITHOUT REGARD TO THEIR RETURN TO CIVILIAN EMPLOYMENT WE HAVE DETERMINED THAT A RESERVIST WHOSE ACTIVE MILITARY DUTY BEGAN BEFORE JANUARY 1, 1953, MUST HAVE BEEN RELEASED FROM SUCH DUTY WITHIN 4 YEARS OR AS SOON AFTER THE EXPIRATION OF SUCH 4 YEARS AS HE IS ABLE TO OBTAIN RELEASE, AND RESTORED TO CIVILIAN EMPLOYMENT, IN ORDER TO BE ENTITLED TO MILITARY LEAVE DURING SUCH SERVICE. THE REASONS FOR THAT DETERMINATION ARE FULLY DISCUSSED IN OUR DECISION 40 COMP. GEN. 186; ID. 410, COPIES OF WHICH ARE ENCLOSED FOR YOUR CONVENIENCE. THE DECISIONS TO WHICH YOU REFER AUTHORIZED MILITARY LEAVE FOR RESERVISTS WHO ENTERED ACTIVE DUTY AFTER JANUARY 1, 1953.

THEREFORE, OUR OFFICE SETTLEMENT OF DECEMBER 12, 1958, WAS CORRECT, AND IT HEREBY IS SUSTAINED.