B-160805, FEB. 10, 1967

B-160805: Feb 10, 1967

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THE PRINCIPLE WAS ENUNCIATED AS FOLLOWS: "HOWEVER. IT REMAINS A FACT THAT YOU WERE A PERSON IN THE REGULAR ARMY. YOUR EMPLOYMENT IN ANOTHER CAPACITY UNDER THE GOVERNMENT WAS INCOMPATIBLE WITH YOUR MILITARY STATUS IN THE ABSENCE OF STATUTE AUTHORIZING SUCH EMPLOYMENT WHILE ON FURLOUGH FROM THE MILITARY ACADEMY.'. WE ARE NOT AWARE OF ANY STATUTE THAT NOW WOULD VALIDATE THE SUMMER EMPLOYMENT OF CADETS AND. WE CONCLUDE THAT CIVILIAN EMPLOYMENT OF CADETS ON SUMMER FURLOUGH IS NOT AUTHORIZED.

B-160805, FEB. 10, 1967

TO UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF JANUARY 30, 1967, ASKS OUR DECISION WHETHER A CADET AT THE U.S. MILITARY ACADEMY PROPERLY MAY ACCEPT SUMMER EMPLOYMENT WITH THE GOVERNMENT DURING HIS 30-DAY SUMMER FURLOUGH.

10 U.S.C. 3075 (B) PROVIDES IN PART THAT:

"/B) THE REGULAR ARMY INCLUDES---

"/2) THE PROFESSORS, REGISTRAR, AND CADETS OF THE UNITED STATES MILITARY ACADEMY * * *"

BEING A MEMBER OF THE REGULAR ARMY IT WOULD BE POTENTIALLY INCOMPATIBLE FOR A CADET OF THE U.S. MILITARY ACADEMY TO HOLD ANY OTHER POSITION UNDER THE UNITED STATES IN THE ABSENCE OF A STATUTORY AUTHORIZATION.

IN OUR DECISION OF SEPTEMBER 19, 1938, A-97057, COPY ENCLOSED, INVOLVING THE EMPLOYMENT OF A CADET OF THE MILITARY ACADEMY BY THE U.S. ENGINEERS OFFICE IN SAN FRANCISCO, CALIFORNIA, THE PRINCIPLE WAS ENUNCIATED AS FOLLOWS:

"HOWEVER, IT REMAINS A FACT THAT YOU WERE A PERSON IN THE REGULAR ARMY, AND YOUR EMPLOYMENT IN ANOTHER CAPACITY UNDER THE GOVERNMENT WAS INCOMPATIBLE WITH YOUR MILITARY STATUS IN THE ABSENCE OF STATUTE AUTHORIZING SUCH EMPLOYMENT WHILE ON FURLOUGH FROM THE MILITARY ACADEMY.'

ALSO SEE A-28376, SEPTEMBER 17, 1929, COPY HEREWITH.

WE ARE NOT AWARE OF ANY STATUTE THAT NOW WOULD VALIDATE THE SUMMER EMPLOYMENT OF CADETS AND, THEREFORE, IN LIGHT OF THE DECISIONS REFERRED TO ABOVE, AS WELL AS 27 COMP. GEN. 510 AND 33 ID. 368, CITED IN YOUR LETTER, WE CONCLUDE THAT CIVILIAN EMPLOYMENT OF CADETS ON SUMMER FURLOUGH IS NOT AUTHORIZED.