B-170250(2), OCT. 23, 1970

B-170250(2): Oct 23, 1970

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HOME LEAVE - TRANSPORTATION AGREEMENT LETTER TO CIVILIAN EMPLOYEE OF DEPARTMENT OF THE ARMY ADVISING THAT WHILE THE GRANTING OF HOME LEAVE IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE INVOLVED. WHEN THE GAO FINDS THE GOVERNMENTS REFUSAL TO GRANT SUCH LEAVE TO HAVE BEEN IMPROPER. THE RECOMMENDATION IS MADE THAT APPROPRIATE HOME LEAVE BE SUBSTITUTED FOR ANNUAL LEAVE. MEEDS FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 1. IN PRIOR CORRESPONDENCE WE ADVISED YOU THAT THE GRANTING OF HOME LEAVE WITHIN THE LIMITATIONS OF APPLICABLE LAW AND REGULATIONS IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE INVOLVED. WE ARE WITHOUT AUTHORITY TO REQUIRE THE DEPARTMENT OF THE ARMY TO GRANT THE LEAVE IN QUESTION.

B-170250(2), OCT. 23, 1970

HOME LEAVE - TRANSPORTATION AGREEMENT LETTER TO CIVILIAN EMPLOYEE OF DEPARTMENT OF THE ARMY ADVISING THAT WHILE THE GRANTING OF HOME LEAVE IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE INVOLVED, WHEN THE GAO FINDS THE GOVERNMENTS REFUSAL TO GRANT SUCH LEAVE TO HAVE BEEN IMPROPER, THE RECOMMENDATION IS MADE THAT APPROPRIATE HOME LEAVE BE SUBSTITUTED FOR ANNUAL LEAVE.

TO MR. DARNOLD S. MEEDS

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 1, 1970, WITH ENCLOSURES, CONCERNING YOUR RIGHT TO HOME LEAVE AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

IN PRIOR CORRESPONDENCE WE ADVISED YOU THAT THE GRANTING OF HOME LEAVE WITHIN THE LIMITATIONS OF APPLICABLE LAW AND REGULATIONS IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE INVOLVED. SEE PARAGRAPH S6 7(B), BOOK 630, FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-2. WE ARE WITHOUT AUTHORITY TO REQUIRE THE DEPARTMENT OF THE ARMY TO GRANT THE LEAVE IN QUESTION. HOWEVER, WE ARE ENCLOSING HEREWITH A COPY OF OUR LETTER OF TODAY TO THE DEPARTMENT OF THE ARMY ADVISING THAT WE BELIEVE SUBSTITUTION OF HOME LEAVE FOR ANNUAL LEAVE SHOULD BE MADE IN YOUR CASE.