B-156474, APR. 27, 1965

B-156474: Apr 27, 1965

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SUCH CERTIFICATION WOULD APPARENTLY PERMIT PAYMENT OF A CLAIM FOR SALARY FOR THREE DAYS LEAVE WITHOUT PAY WHEN THE EMPLOYEE WAS ON MILITARY DUTY. CURINGTON WAS ORDERED BY THE PRESIDENT TO ACTIVE DUTY WITH THE AIR FORCE COMMUNICATION SERVICE. BECAUSE HE WAS PLANNING TO USE HIS MILITARY LEAVE FOR TWO WEEKS TRAINING LATER IN THE YEAR HE CHOSE TO USE LEAVE WITHOUT PAY FOR THESE THREE WORKING DAYS HE WAS ON THIS SPECIAL ASSIGNMENT. BEFORE HE REPORTED TO SUMMER TRAINING HE WAS TRANSFERRED TO A UNIT IN GEORGIA WHICH HAD COMPLETED SUMMER TRAINING. PROVIDES IN PART AS FOLLOWS: "EACH RESERVE OF THE ARMED FORCES OR MEMBER OF THE NATIONAL GUARD WHO IS AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA.

B-156474, APR. 27, 1965

TO MR. BAXTER REED, AUTHORIZED CERTIFYING OFFICER, FOREST SERVICE:

WE REFER TO YOUR LETTER OF APRIL 1, 1965, REFERENCE 6540, WITH ENCLOSURES, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY A CORRECTED TIME AND ATTENDANCE REPORT CONCERNING MR. JAMES W. CURINGTON, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE. SUCH CERTIFICATION WOULD APPARENTLY PERMIT PAYMENT OF A CLAIM FOR SALARY FOR THREE DAYS LEAVE WITHOUT PAY WHEN THE EMPLOYEE WAS ON MILITARY DUTY.

YOU SAY THAT AT 8 P.M. ON JUNE 11, 1963, MR. CURINGTON WAS ORDERED BY THE PRESIDENT TO ACTIVE DUTY WITH THE AIR FORCE COMMUNICATION SERVICE. REMAINED ON ACTIVE DUTY UNTIL JUNE 16, 1963. BECAUSE HE WAS PLANNING TO USE HIS MILITARY LEAVE FOR TWO WEEKS TRAINING LATER IN THE YEAR HE CHOSE TO USE LEAVE WITHOUT PAY FOR THESE THREE WORKING DAYS HE WAS ON THIS SPECIAL ASSIGNMENT. HOWEVER, BEFORE HE REPORTED TO SUMMER TRAINING HE WAS TRANSFERRED TO A UNIT IN GEORGIA WHICH HAD COMPLETED SUMMER TRAINING. SINCE HE DID NOT USE MILITARY LEAVE DURING 1963, MR. CURINGTON WANTS TO SUBSTITUTE THREE DAYS MILITARY LEAVE FOR THE THREE DAYS LEAVE WITHOUT PAY.

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

"EACH RESERVE OF THE ARMED FORCES OR MEMBER OF THE NATIONAL GUARD WHO IS AN OFFICER OR EMPLOYEE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, PERMANENT OR TEMPORARY INDEFINITE, WITHOUT REGARD TO CLASSIFICATION OR TERMINOLOGY PECULIAR TO THE CIVIL SERVICE SYSTEM (EXCEPT A SUBSTITUTE EMPLOYEE IN THE POSTAL FIELD SERVICE), 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. * * *"

FROM THE CONTENTS OF YOUR LETTER WE ASSUME THAT MR. CURINGTON MEETS THE QUALIFICATIONS SET FORTH IN THE ABOVE-QUOTED STATUTE FOR MILITARY LEAVE AND OUR ANSWER WILL BE BASED ON THAT ASSUMPTION.

SINCE THE CLAIMANT DID NOT USE ANY MILITARY LEAVE FOR THE CALENDAR YEAR 1963 AND WAS IN A STATUS ENTITLING HIM TO THE COMPENSATION OF HIS CIVILIAN POSITION FOR MILITARY LEAVE WE WOULD NOT OBJECT TO SUBSTITUTING THE THREE DAYS LEAVE WITHOUT PAY FOR MILITARY LEAVE.

THEREFORE, THE TIME AND ATTENDANCE REPORT (WITH ATTACHMENTS) IS RETURNED HEREWITH AND MAY BE CERTIFIED AS CORRECT AND THE CLAIM PROCESSED FOR PAYMENT.