B-152266, SEP. 11, 1963

B-152266: Sep 11, 1963

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YOU WERE SEPARATED FROM YOUR CIVILIAN POSITION WITH THE DEPARTMENT OF THE ARMY. IN ORDER TO ENTER MILITARY SERVICE AND YOU WERE NOT RELEASED FROM MILITARY SERVICE UNTIL AUGUST 26. AS YOU ARE AWARE BEGINNING JANUARY 1. MILITARY LEAVE MAY BE ALLOWED EMPLOYEES WHO WERE CALLED TO EXTENDED TOURS OF ACTIVE MILITARY SERVICE PRIOR TO THAT DATE ONLY IF THEY REMAINED IN SERVICE THEREAFTER AND WERE RELEASED AND RETURNED TO CIVILIAN DUTY WITHIN FOUR YEARS AFTER ENTRY ON MILITARY DUTY OR AS SOON AFTER THE EXPIRATION OF FOUR YEARS AS THEY WERE ABLE TO OBTAIN RELEASE. 37 COMP. B-143613 IS ENCLOSED FOR YOUR CONVENIENCE WHICH MAY BE HELPFUL TO YOU IN UNDERSTANDING OUR POSITION IN THE MATTER. YOU CONTEND THAT YOU WERE RELEASED FROM ACTIVE MILITARY DUTY AS SOON AFTER THE EXPIRATION OF FOUR YEARS FROM THE DATE YOU ENTERED UPON ACTIVE DUTY AS YOU WERE ABLE TO OBTAIN RELEASE.

B-152266, SEP. 11, 1963

TO LIEUTENANT COLONEL OLIN H. BORUM, USAF:

WE REFER TO YOUR LETTER OF AUGUST 3, 1963, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT OF JULY 29, 1963, WHICH DISALLOWED YOUR CLAIM FOR CIVILIAN COMPENSATION FOR 15 DAYS OF MILITARY LEAVE DURING YOUR TOUR OF MILITARY DUTY FROM MAY 10, 1951, TO AUGUST 26, 1956.

YOU WERE SEPARATED FROM YOUR CIVILIAN POSITION WITH THE DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF CHEMICAL OFFICER, WASHINGTON, D.C., ON APRIL 20, 1951, IN ORDER TO ENTER MILITARY SERVICE AND YOU WERE NOT RELEASED FROM MILITARY SERVICE UNTIL AUGUST 26, 1956, MORE THAN FIVE YEARS LATER--- RETURNING TO CIVILIAN SERVICE ON SEPTEMBER 5, 1956.

AS YOU ARE AWARE BEGINNING JANUARY 1, 1963, MILITARY LEAVE MAY BE ALLOWED EMPLOYEES WHO WERE CALLED TO EXTENDED TOURS OF ACTIVE MILITARY SERVICE PRIOR TO THAT DATE ONLY IF THEY REMAINED IN SERVICE THEREAFTER AND WERE RELEASED AND RETURNED TO CIVILIAN DUTY WITHIN FOUR YEARS AFTER ENTRY ON MILITARY DUTY OR AS SOON AFTER THE EXPIRATION OF FOUR YEARS AS THEY WERE ABLE TO OBTAIN RELEASE. 37 COMP. GEN. 608, 40 ID. 410. A COPY OF OUR DECISION OF SEPTEMBER 21, 1960, B-143613 IS ENCLOSED FOR YOUR CONVENIENCE WHICH MAY BE HELPFUL TO YOU IN UNDERSTANDING OUR POSITION IN THE MATTER.

IN YOUR LETTER OF AUGUST 3, YOU CONTEND THAT YOU WERE RELEASED FROM ACTIVE MILITARY DUTY AS SOON AFTER THE EXPIRATION OF FOUR YEARS FROM THE DATE YOU ENTERED UPON ACTIVE DUTY AS YOU WERE ABLE TO OBTAIN RELEASE. HOWEVER, YOU INFORMED A MEMBER OF OUR LEGAL STAFF BY TELEPHONE ON AUGUST 20, 1963, THAT THE DEPARTMENT OF THE AIR FORCE DID NOT AGREE WITH YOU IN THAT REGARD.

SINCE IT HAS NOT BEEN ESTABLISHED THAT YOU OBTAINED YOUR RELEASE FROM THE DEPARTMENT OF THE AIR FORCE AS SOON AS POSSIBLE AFTER THE EXPIRATION OF FOUR YEARS OF MILITARY SERVICE WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM FOR MILITARY LEAVE DURING YOUR 1951-1956 TOUR OF MILITARY DUTY. YOUR CLAIM FOR ADDITIONAL MILITARY LEAVE DURING NOVEMBER 1960 IS STILL UNDER CONSIDERATION IN THE CLAIMS DIVISION OF OUR OFFICE.