B-148405, APR. 23, 1962

B-148405: Apr 23, 1962

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WHEN HE WAS RECALLED TO EXTENDED ACTIVE DUTY IN THE UNITED STATES AIR FORCE AS A MEMBER OF THE AIR NATIONAL GUARD. HAHN IS ENTITLED TO SUCH LEAVE UNDER SECTION 29 OF THE ACT OF AUGUST 10. WAS ORDERED AND ENTERED INTO TWO PERIODS OF MILITARY DUTY IN THE CALENDAR YEAR 1961. THE FIRST PERIOD WAS FOR TRAINING DUTY FROM JULY 1 THROUGH JULY 15. OF WHICH 12 DAYS WERE COVERED BY MILITARY LEAVE. HE WAS ORDERED TO ACTIVE DUTY FOR AN INDEFINITE PERIOD WHICH HAS EXTENDED INTO THE CALENDAR YEAR 1962. IT IS NOT KNOWN WHEN MR. HAHN WILL RETURN TO CIVILIAN DUTY. HAHN SHOULD HAVE BEEN GRANTED THE 3 UNUSED DAYS OF MILITARY LEAVE REMAINING IN CALENDAR YEAR 1961. IS TO BE REGARDED AS HAVING BEEN SUPERSEDED SO FAR AS IT REQUIRES AN EMPLOYEE TO RETURN TO A CIVILIAN PAY STATUS IN THE CALENDAR YEARS FOLLOWING THAT IN WHICH HIS TOUR BEGAN IN ORDER TO ESTABLISH ELIGIBILITY FOR MILITARY LEAVE IN SUCH FOLLOWING YEARS.

B-148405, APR. 23, 1962

TO THE AUTHORIZED CERTIFYING OFFICER, INTERSTATE COMMERCE COMMISSION:

YOUR LETTER OF MARCH 12, 1962, FILE REFERENCE MBC, CONCERNS MR. GEORGE F. HAHN WHO HAS BEEN CARRIED IN A MILITARY FURLOUGH STATUS SINCE OCTOBER 1, 1961, WHEN HE WAS RECALLED TO EXTENDED ACTIVE DUTY IN THE UNITED STATES AIR FORCE AS A MEMBER OF THE AIR NATIONAL GUARD. MR. HAHN HAS REQUESTED 15 DAYS OF MILITARY LEAVE ON THE BASIS OF OUR DECISION IN 41 COMP. GEN. 320, B-144198, NOVEMBER 21, 1961, FOR THAT PART OF HIS TOUR OF DUTY WHICH HAS EXTENDED INTO CALENDAR YEAR 1962.

YOU REQUEST OUR DECISION WHETHER MR. HAHN IS ENTITLED TO SUCH LEAVE UNDER SECTION 29 OF THE ACT OF AUGUST 10, 1956, 70A STAT. 632, AS AMENDED, 5 U.S.C. 30R, IN VIEW OF OUR DECISION IN 29 COMP. GEN. 269.

YOU SAY THAT MR. HAHN, AS A MEMBER OF THE AIR NATIONAL GUARD, WAS ORDERED AND ENTERED INTO TWO PERIODS OF MILITARY DUTY IN THE CALENDAR YEAR 1961. THE FIRST PERIOD WAS FOR TRAINING DUTY FROM JULY 1 THROUGH JULY 15, 1961, OF WHICH 12 DAYS WERE COVERED BY MILITARY LEAVE. EFFECTIVE OCTOBER 1, 1961, HE WAS ORDERED TO ACTIVE DUTY FOR AN INDEFINITE PERIOD WHICH HAS EXTENDED INTO THE CALENDAR YEAR 1962, FOR WHICH PERIOD OF DUTY NO MILITARY LEAVE HAS BEEN PAID. HE HAS, HOWEVER, BEEN PAID FOR ACCRUED ANNUAL LEAVE AS OF OCTOBER 1, 1961. IT IS NOT KNOWN WHEN MR. HAHN WILL RETURN TO CIVILIAN DUTY.

YOU INDICATE THAT MR. HAHN SHOULD HAVE BEEN GRANTED THE 3 UNUSED DAYS OF MILITARY LEAVE REMAINING IN CALENDAR YEAR 1961, WHEN HE ENTERED ON HIS SECOND TOUR OF DUTY ON OCTOBER 1, 1961, BUT EXPRESS DOUBT AS TO THE GRANTING IN 1962 OF 12 ADDITIONAL DAYS OF MILITARY LEAVE IN THE ABSENCE OF A RETURN TO CIVILIAN DUTY AS SPECIFIED IN 29 COMP. GEN. 269.

OUR DECISION IN 29 COMP. GEN. 269, IS TO BE REGARDED AS HAVING BEEN SUPERSEDED SO FAR AS IT REQUIRES AN EMPLOYEE TO RETURN TO A CIVILIAN PAY STATUS IN THE CALENDAR YEARS FOLLOWING THAT IN WHICH HIS TOUR BEGAN IN ORDER TO ESTABLISH ELIGIBILITY FOR MILITARY LEAVE IN SUCH FOLLOWING YEARS. SEE THE 1952 AMENDMENT TO 5 U.S.C. 30R WHICH BROADENED THE STATUTE TO INCLUDE THE GRANT OF MILITARY LEAVE FOR "ACTIVE DUTY" AS WELL AS "ACTIVE DUTY FOR TRAINING.' ALSO, SEE 37 COMP. GEN. 607 AT PAGE 612.

WHILE AN EMPLOYEE WHO IS ELIGIBLE UNDER 5 U.S.C. 30R TO RECEIVE MILITARY LEAVE AT THE TIME HE ENTERS UPON MILITARY DUTY RETAINS THAT ELIGIBILITY DURING THE ENTIRE TOUR OF DUTY, HIS ENTITLEMENT TO MILITARY LEAVE IS LIMITED TO 15 DAYS IN ANY ONE CALENDAR YEAR, AND IS FURTHER LIMITED TO 15 DAYS IN ANY ONE TOUR OF DUTY. THEREFORE, UNDER OUR DECISION OF NOVEMBER 21, 1961, SUPRA, MR. HAHN IS ENTITLED TO 15 DAYS OF MILITARY LEAVE DURING HIS CURRENT (SECOND) TOUR OF MILITARY DUTY.

SINCE THE 3 UNUSED DAYS OF MILITARY LEAVE WERE NOT GRANTED TO THE EMPLOYEE IN CALENDAR YEAR 1961, HE MAY BE GRANTED IN 1962 THE FULL 15 DAYS OF MILITARY LEAVE FOR HIS SECOND TOUR OF DUTY. SEE ANSWER TO QUESTION 5 IN THE DECISION OF NOVEMBER 21, 1961.

IN THE FUTURE WE SUGGEST THAT YOU SUBMIT A VOUCHER COVERING ANY PROPOSED PAYMENT ON WHICH YOU DESIRE A DECISION WHETHER THE VOUCHER IS PROPER FOR CERTIFICATION. SEE 26 COMP. GEN. AT PAGE 799.