B-144025, OCTOBER 3, 1960, 40 COMP. GEN. 199

B-144025: Oct 3, 1960

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CIVILIAN EMPLOYEES - MILITARY LEAVE - LONG PERIOD OF ACTIVE DUTY EMPLOYEES OF THE UNITED STATES WHO ENLIST IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES AND SERVE ON ACTIVE DUTY FOR SIX MONTHS ARE ENTITLED TO 15 DAYS MILITARY LEAVE UNDER SECTION 29 (A) OF THE ACT OF AUGUST 10. IS ENTITLED TO 15 DAYS' MILITARY LEAVE FOR THE PERIOD MAY 13 THROUGH 27. DURING WHICH TIME HE WAS ON SIX MONTHS' ACTIVE DUTY IN THE UNITED STATES ARMY RESERVE PURSUANT TO HIS ENLISTMENT ON APRIL 19. NO VOUCHER WAS ENCLOSED WITH YOUR REQUEST AND IT DOES NOT APPEAR THAT A VOUCHER INVOLVING THE QUESTION OF LAW PRESENTED IS BEFORE YOU FOR CERTIFICATION. MILITARY LEAVE IS GOVERNED BY SECTION 29 (A) OF THE ACT OF AUGUST 10.

B-144025, OCTOBER 3, 1960, 40 COMP. GEN. 199

CIVILIAN EMPLOYEES - MILITARY LEAVE - LONG PERIOD OF ACTIVE DUTY EMPLOYEES OF THE UNITED STATES WHO ENLIST IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES AND SERVE ON ACTIVE DUTY FOR SIX MONTHS ARE ENTITLED TO 15 DAYS MILITARY LEAVE UNDER SECTION 29 (A) OF THE ACT OF AUGUST 10, 1956, 5 U.S.C. 30R, WHICH BROADENED THE ENTITLEMENT TO MILITARY LEAVE BY ALLOWING MILITARY LEAVE TO EMPLOYEES WHILE ON LONG PERIODS OF ACTIVE DUTY AS WELL AS DURING SHORT PERIODS OF TRAINING.

TO RAY S. DUNN, JR., DEPARTMENT OF LABOR, OCTOBER 3, 1960:

ON SEPTEMBER 16, 1960, YOU REQUESTED OUR DECISION WHETHER ALVIN BAUMAN, AN EMPLOYEE OF THE BUREAU OF LABOR STATISTICS, DEPARTMENT OF LABOR, IS ENTITLED TO 15 DAYS' MILITARY LEAVE FOR THE PERIOD MAY 13 THROUGH 27, 1957, DURING WHICH TIME HE WAS ON SIX MONTHS' ACTIVE DUTY IN THE UNITED STATES ARMY RESERVE PURSUANT TO HIS ENLISTMENT ON APRIL 19, 1957.

SECTION 3 OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 876, 31 U.S.C. 82D, AUTHORIZES CERTIFYING OFFICERS "TO APPLY FOR AND OBTAIN A DECISION BY THE COMPTROLLER GENERAL ON ANY QUESTION OF LAW INVOLVED IN A PAYMENT ON ANY VOUCHERS PRESENTED TO THEM FOR CERTIFICATION.' NO VOUCHER WAS ENCLOSED WITH YOUR REQUEST AND IT DOES NOT APPEAR THAT A VOUCHER INVOLVING THE QUESTION OF LAW PRESENTED IS BEFORE YOU FOR CERTIFICATION. HOWEVER, SINCE THE EMPLOYEE HAS APPLIED FOR THE LEAVE, WHICH ACTION RAISES THE QUESTION, WE SHALL ANSWER YOUR QUESTION TO AVOID DELAY. 21 COMP. GEN. 128; 23 ID. 793.

MILITARY LEAVE IS GOVERNED BY SECTION 29 (A) OF THE ACT OF AUGUST 10, 1956, 70A STAT. 632, 5 U.S.C. 30R. THIS SECTION IS DERIVED FROM THE ACT OF MAY 2, 1917, 40 STAT. 72, 31 U.S.C. 666, AS AMENDED BY THE ARMED FORCES RESERVE ACT OF 1952, 66 STAT. 506, 10 U.S.C. 371 (1952 USED.). THE 1952 AMENDMENT BROADENED THE APPLICABILITY OF MILITARY LEAVE BY ALLOWING SUCH LEAVE TO BE GRANTED AN EMPLOYEE WHILE HE IS ON ACTIVE DUTY AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES AS WELL AS WHEN HE IS ENGAGED IN SHORT PERIOD OF TRAINING. THEREFORE, SINCE MR. BAUMAN SERVED AS A MEMBER OF A RESERVE COMPONENT, HE IS ENTITLED TO MILITARY LEAVE FOR 15 DAYS DURING THE PERIOD OF HIS SIX MONTHS MILITARY SERVICE. THE FACT THAT HE MAY HAVE ENLISTED IN A RESERVE COMPONENT TO AVOID INDUCTION IN THE ARMED FORCES IS NOT MATERIAL.