B-152149, AUG. 2, 1963

B-152149: Aug 2, 1963

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A CERTIFYING OFFICER IS ENTITLED TO A DECISION OF OUR OFFICE ONLY UPON A QUESTION PERTAINING TO A VOUCHER BEFORE HIM FOR CERTIFICATION. NO SUCH VOUCHER IS BEFORE YOU. IN ORDER TO AVOID DELAY WE WILL UNDERTAKE TO ANSWER THE QUESTION PRESENTED IN THIS PARTICULAR CASE. ARE NOT ENTITLED TO MILITARY LEAVE OF ABSENCE UNDER THE PROVISIONS OF 5 U.S.C. 30R. THE REASON FOR NONENTITLEMENT IS THAT THE MEMBERS ARE NOT PERFORMING . ACTIVE DUTY" IN THE SERVICES OF THE UNITED STATES NOR "FIELD OR COAST DEFENSE TRAINING" AS THOSE TERMS ARE USED IN THE STATUTE. 26 COMP. WE UNDERSTAND THAT SOME AGENCIES ARE EXCUSING EMPLOYEES WITHOUT CHARGE TO LEAVE AND WITHOUT DEDUCTION FROM THEIR SALARIES FOR AS MUCH AS 3 DAYS.

B-152149, AUG. 2, 1963

TO MR. FLOYD E. DOTSON, CHIEF CLERK, UNITED STATES DEPARTMENT OF INTERIOR:

YOUR LETTER OF JULY 26, 1963, REQUESTS ADVICE CONCERNING THE EXCUSING OF FEDERAL EMPLOYEES WITHOUT CHARGE TO LEAVE FOR THE PURPOSE OF PERFORMING DUTY AS MEMBERS OF THE MARYLAND NATIONAL GUARD AT CAMBRIDGE, MARYLAND, DURING THE PERIOD JUNE 26 TO JULY 4, 1963, INVOLVING 6 WORKDAYS.

ORDINARILY, A CERTIFYING OFFICER IS ENTITLED TO A DECISION OF OUR OFFICE ONLY UPON A QUESTION PERTAINING TO A VOUCHER BEFORE HIM FOR CERTIFICATION. APPARENTLY, NO SUCH VOUCHER IS BEFORE YOU. THEREFORE, THE MATTER WOULD MORE PROPERLY BE FOR SUBMISSION HERE BY THE HEAD OF YOUR DEPARTMENT. HOWEVER, IN ORDER TO AVOID DELAY WE WILL UNDERTAKE TO ANSWER THE QUESTION PRESENTED IN THIS PARTICULAR CASE.

AS YOU POINT OUT, MEMBERS OF THE NATIONAL GUARD CALLED TO DUTY BY THE GOVERNOR OF A STATE UNDER CIRCUMSTANCES SIMILAR TO THE SITUATION AT CAMBRIDGE, MARYLAND, WHERE NO ACTION HAS BEEN TAKEN TO FEDERALIZE THE MEMBERS SO CALLED, ARE NOT ENTITLED TO MILITARY LEAVE OF ABSENCE UNDER THE PROVISIONS OF 5 U.S.C. 30R. THE REASON FOR NONENTITLEMENT IS THAT THE MEMBERS ARE NOT PERFORMING ,ACTIVE DUTY" IN THE SERVICES OF THE UNITED STATES NOR "FIELD OR COAST DEFENSE TRAINING" AS THOSE TERMS ARE USED IN THE STATUTE. 26 COMP. DEC. 551.

WE UNDERSTAND THAT SOME AGENCIES ARE EXCUSING EMPLOYEES WITHOUT CHARGE TO LEAVE AND WITHOUT DEDUCTION FROM THEIR SALARIES FOR AS MUCH AS 3 DAYS, UPON THE BASIS THAT THE DUTIES PERFORMED BY THE MEMBERS OF THE MARYLAND NATIONAL GUARD IN CAMBRIDGE ARE IN THE NATURE OF CIVIL DUTIES FOR THE PERFORMANCE OF WHICH IT IS RECOGNIZED THAT EMPLOYEES GENERALLY MAY BE EXCUSED IN THE DISCRETION OF THE AGENCY CONCERNED. OUR OFFICE WILL INTERPOSE NO OBJECTION TO THE EXCUSING OF THE EMPLOYEES TO THAT EXTENT IF THE DEPARTMENT OF THE INTERIOR DECIDES TO FOLLOW THAT COURSE.