B-148453, AUG. 28, 1962

B-148453: Aug 28, 1962

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CONCERNING THE ANNUAL LEAVE YOU WERE CHARGED DURING YOUR ABSENCE FROM YOUR POSITION WITH THE VETERANS ADMINISTRATION FOR MILITARY DUTY DURING NOVEMBER 1961. WHICH WAS THE SUBJECT OF OUR LETTER OF APRIL 3. THAT YOU WERE LATER CHARGED ANNUAL LEAVE FOR AT LEAST A PART OF THAT PERIOD. WAS ESTABLISHED BY SECTION 7 OF THE ACT OF OCTOBER 4. AFTER THE ENACTMENT OF THAT AMENDMENT NO GOVERNMENT OFFICIAL WAS AUTHORIZED TO APPROVE MILITARY LEAVE FOR USE DURING 1961 IN EXCESS OF THE 15 DAYS ALLOWED FOR THAT CALENDAR YEAR. THERE IS NO AUTHORITY UNDER WHICH YOUR ABSENCE ON MILITARY DUTY FOR MORE THAN THE ALLOWABLE NUMBER OF DAYS DURING 1961 COULD BE CHARGED TO MILITARY LEAVE AND THERE IS NO AUTHORITY TO GRANT YOU ABSENCE WITHOUT CHARGE TO LEAVE FOR SUCH PERIOD.

B-148453, AUG. 28, 1962

TO MR. JOHN W. SCOTT:

WE REFER TO YOUR LETTER OF JULY 26, 1962, CONCERNING THE ANNUAL LEAVE YOU WERE CHARGED DURING YOUR ABSENCE FROM YOUR POSITION WITH THE VETERANS ADMINISTRATION FOR MILITARY DUTY DURING NOVEMBER 1961, WHICH WAS THE SUBJECT OF OUR LETTER OF APRIL 3, 1962, TO CONGRESSMAN NEAL SMITH.

YOU SAY THAT THE PROPER OFFICER OF THE VETERANS ADMINISTRATION APPROVED THE GRANT OF MILITARY LEAVE FOR YOUR ABSENCE IN NOVEMBER 1961, BUT THAT YOU WERE LATER CHARGED ANNUAL LEAVE FOR AT LEAST A PART OF THAT PERIOD. THE NUMBER OF DAYS OF MILITARY LEAVE AVAILABLE FOR YOUR USE DURING CALENDAR YEAR 1961, WAS ESTABLISHED BY SECTION 7 OF THE ACT OF OCTOBER 4, 1961, PUBLIC LAW 87-378, 75 STAT. 807, AMENDING SECTION 29 OF THE ACT OF AUGUST 10, 1956, CH. 1041, 70A STAT. 632, AS AMENDED, 5 U.S.C. 30R. AFTER THE ENACTMENT OF THAT AMENDMENT NO GOVERNMENT OFFICIAL WAS AUTHORIZED TO APPROVE MILITARY LEAVE FOR USE DURING 1961 IN EXCESS OF THE 15 DAYS ALLOWED FOR THAT CALENDAR YEAR. THERE IS NO AUTHORITY UNDER WHICH YOUR ABSENCE ON MILITARY DUTY FOR MORE THAN THE ALLOWABLE NUMBER OF DAYS DURING 1961 COULD BE CHARGED TO MILITARY LEAVE AND THERE IS NO AUTHORITY TO GRANT YOU ABSENCE WITHOUT CHARGE TO LEAVE FOR SUCH PERIOD.

YOUR LACK OF KNOWLEDGE OF THE CURRENT PROVISIONS OF THE LAW, NO MATTER HOW UNDERSTANDABLE, CANNOT BE USED AS THE BASIS FOR AUTHORIZING YOU LEAVE OR COMPENSATION TO WHICH YOU ARE NOT OTHERWISE ENTITLED.

WE ARE AWARE THAT INFORMATION AS TO THE CHANGE MADE IN MILITARY LEAVE ALLOWANCES BY THE ACT OF OCTOBER 4, 1961, WAS NOT DISSEMINATED AS RAPIDLY AS IT MIGHT HAVE BEEN, HOWEVER, THE ACT MAKES NO PROVISION FOR DELAY IN ITS EFFECTIVENESS. THEREFORE, WE MAY NOT AUTHORIZE ANY ADJUSTMENT IN YOUR LEAVE ACCOUNT TO COMPENSATE YOU FOR THE ANNUAL LEAVE CHARGED YOU DURING THE PERIOD YOU THOUGHT YOU WERE ON MILITARY LEAVE

WE UNDERSTAND THAT THE CHANGE IN THE LAW WAS ADVOCATED BY CERTAIN RESERVISTS IN ORDER THAT MILITARY LEAVE COULD BE GRANTED FOR SUMMER CAMP TRAINING IN JULY OR AUGUST OR ONE CALENDAR YEAR AND AGAIN IN JUNE OF THE NEXT CALENDAR YEAR. ON A FISCAL YEAR BASIS THE GRANT OF MILITARY LEAVE UNDER SUCH CIRCUMSTANCES WOULD NOT HAVE BEEN POSSIBLE FOR THE SECOND PERIOD OF TRAINING SINCE IT WOULD OCCUR IN THE SAME FISCAL YEAR.