B-149951, NOV. 23, 1962

B-149951: Nov 23, 1962

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LEE WAS ORDERED TO PERFORM FULL-TIME TRAINING IN HIS AIR NATIONAL GUARD STATUS FOR 15 DAYS. LEE WAS RELIEVED FROM MILITARY DUTY AND RETURNED TO A CIVILIAN STATUS ON THE INTERVENING WEEKENDS. HE COULD HAVE PERFORMED HIS CIVILIAN DUTIES ON THOSE DAYS ALTHOUGH IT APPEARS THAT HE WAS NOT REQUIRED TO DO SO. IT WAS CLEAR THAT THE ENTIRE PERIOD OF MILITARY DUTY COVERED BY THE ORDER WAS DETERMINED PRIOR TO THE FIRST OF THE THREE 5-DAY DUTY PERIODS. LEE WAS CHARGED MILITARY LEAVE FOR THE FIRST 15 DAYS FOLLOWING THE DAY HE REPORTED FOR HIS FIRST PERIOD OF MILITARY DUTY INCLUDING THE INTERVENING WEEKENDS AND WAS CHARGED ANNUAL LEAVE FROM THE 16TH DAY FOLLOWING THE DAY ON WHICH HE FIRST REPORTED THROUGH THE LAST DAY OF HIS MILITARY DUTY.

B-149951, NOV. 23, 1962

TO THE SECRETARY OF THE AIR FORCE:

ON OCTOBER 23, 1962, THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTED OUR DECISION CONCERNING THE LEAVE TO BE CHARGED MR. ALFRED J. LEE, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE AT MALMSTROM AIR FORCE BASE, MONTANA, FOR HIS ABSENCE ON MILITARY DUTY WITH THE MONTANA AIR NATIONAL GUARD DURING FEBRUARY AND MARCH 1962.

BY SPECIAL ORDER 7, DATED FEBRUARY 19, 1962, MR. LEE WAS ORDERED TO PERFORM FULL-TIME TRAINING IN HIS AIR NATIONAL GUARD STATUS FOR 15 DAYS. THE ORDER SPECIFIED THREE SEPARATE PERIODS OF 5 DAYS EACH, WHICH PERIODS OF DUTY COVERED MONDAY THROUGH FRIDAY OF THREE CONSECUTIVE WEEKS. UPON COMPLETION OF EACH PERIOD OF 5 DAYS FULL-TIME TRAINING, MR. LEE WAS RELIEVED FROM MILITARY DUTY AND RETURNED TO A CIVILIAN STATUS ON THE INTERVENING WEEKENDS. HE COULD HAVE PERFORMED HIS CIVILIAN DUTIES ON THOSE DAYS ALTHOUGH IT APPEARS THAT HE WAS NOT REQUIRED TO DO SO. ALSO, IT WAS CLEAR THAT THE ENTIRE PERIOD OF MILITARY DUTY COVERED BY THE ORDER WAS DETERMINED PRIOR TO THE FIRST OF THE THREE 5-DAY DUTY PERIODS. PURSUANT TO OUR DECISION 27 COMP. GEN. 245 MR. LEE WAS CHARGED MILITARY LEAVE FOR THE FIRST 15 DAYS FOLLOWING THE DAY HE REPORTED FOR HIS FIRST PERIOD OF MILITARY DUTY INCLUDING THE INTERVENING WEEKENDS AND WAS CHARGED ANNUAL LEAVE FROM THE 16TH DAY FOLLOWING THE DAY ON WHICH HE FIRST REPORTED THROUGH THE LAST DAY OF HIS MILITARY DUTY.

YOU REQUEST OUR DECISION WHETHER MR. LEE WAS PROPERLY CHARGED MILITARY LEAVE FOR THE WEEKENDS PRECEDED AND FOLLOWED BY MILITARY DUTY IN VIEW OF THE FACT THAT HE WAS RELIEVED FROM MILITARY DUTY ON THOSE WEEKENDS AND DID NOT RECEIVE MILITARY PAY THEREFOR.

SECTION 29 (A) OF THE ACT OF AUGUST 10, 1956, CH. 1041, 70A STAT. 632, AS AMENDED, 5 U.S.C. 30R (A), PROVIDES IN PERTINENT PART:

"EACH RESERVE OF THE ARMED FORCES OR MEMBER OF THE NATIONAL GUARD WHO IS AN OFFICER OR EMPLOYEE OF THE UNITED STATES * * * IS ENTITLED TO LEAVE OF ABSENCE FROM HIS DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING FOR EACH DAY, BUT NOT MORE THAN 15 DAYS IN ANY CALENDAR YEAR, IN WHICH HE IS ON ACTIVE DUTY, OR IS ENGAGED IN FIELD OR COAST DEFENSE TRAINING UNDER SECTIONS 502-505 OF TITLE 32.'

SINCE THAT PROVISION OF LAW APPLIES ONLY TO SUCH DAYS AS AN EMPLOYEE IS IN A MILITARY DUTY STATUS AN EMPLOYEE MAY NOT BE CHARGED MILITARY LEAVE FOR DAYS HE IS NOT IN THAT STATUS EVEN THOUGH SUCH DAYS OCCUR ON WEEKENDS BETWEEN PERIODS OF MILITARY DUTY. THEREFORE, MR. LEE SHOULD HAVE BEEN CHARGED MILITARY LEAVE ONLY ON THE DAYS HE WAS IN A MILITARY DUTY STATUS AND NOT FOR THE INTERVENING WEEKENDS.