Request for Payment of Accrued Annual Leave and Travel Allowances

An Army Reserve officer, ordered to active duty in February 1963 for an indefinite period, was voluntarily relieved from active duty on August 15, 1975, and was paid for 60 days' accrued leave and travel allowances. However, 2 days prior to his release, orders were issued on August 13, 1975, recalling him to active duty and assigning him to the National Guard Bureau in the same location. The Army Finance and Accounting Officer requested an advance decision as to whether the officer was entitled under the circumstances to be paid accrued annual leave and travel allowances. It was held that the officer was not separated or released from active duty and, therefore, he was not entitled to payment for unused accrued leave or travel allowances. Since the Reserve Officer's call to active duty in 1963 was for an indefinite period, his release in August 1975 was not a release at the expiration of an agreed term of service as a Reserve Officer, nor was his release an involuntary separation. It was determined, therefore, that his service was continuous, and he was entitled to carry his accrued leave forward to his new assignment.