B-81956, DECEMBER 20, 1948, 28 COMP. GEN. 373

B-81956: Dec 20, 1948

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LEAVES OF ABSENCE - MILITARY - CIVILIAN MEMBERS OF NATIONAL GUARD A CIVILIAN EMPLOYEE MEMBER OF THE NATIONAL GUARD WHO WAS ORDERED TO ATTEND AN AIR INTELLIGENCE OFFICER COURSE IS NOT TO BE REGARDED AS ENGAGED IN "FIELD OR COAST-DEFENSE TRAINING" WITHIN THE PURVIEW OF SECTION 80 OF THE NATIONAL DEFENSE ACT OF JUNE 3. 1948: REFERENCE IS MADE TO LETTER OF NOVEMBER 30. DECISION IS REQUESTED WHETHER THE FIRST 15 DAYS OF LEAVE TAKEN BY THE RECIPIENT OF THIS ORDER MAY BE CONSIDERED TO HAVE BEEN INVOLVED IN FIELD OR COAST-DEFENSE TRAINING ENTITLING THE EMPLOYEE TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY. IT IS SEEN THAT MEMBERS OF THE NATIONAL GUARD WHO ARE ALSO OFFICERS OR EMPLOYEES OF THE UNITED STATES ARE ENTITLED TO FIFTEEN DAYS' LEAVE OF ABSENCE FOR THE PURPOSE STATED THEREIN.

B-81956, DECEMBER 20, 1948, 28 COMP. GEN. 373

LEAVES OF ABSENCE - MILITARY - CIVILIAN MEMBERS OF NATIONAL GUARD A CIVILIAN EMPLOYEE MEMBER OF THE NATIONAL GUARD WHO WAS ORDERED TO ATTEND AN AIR INTELLIGENCE OFFICER COURSE IS NOT TO BE REGARDED AS ENGAGED IN "FIELD OR COAST-DEFENSE TRAINING" WITHIN THE PURVIEW OF SECTION 80 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, SO AS TO BE ENTITLED THEREUNDER TO MILITARY LEAVE OF ABSENCE WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING.

COMPTROLLER GENERAL WARREN TO THE LIBRARIAN OF CONGRESS, DECEMBER, 20, 1948:

REFERENCE IS MADE TO LETTER OF NOVEMBER 30, 1948, FROM THE ACTING LIBRARIAN OF CONGRESS, QUOTING SPECIAL ORDERS NO. 36 OF MARCH 4, 1948, ISSUED BY THE ADJUTANT GENERAL OF THE DISTRICT OF COLUMBIA NATIONAL GUARD, BY COMMAND OF BRIGADIER GENERAL COX, DIRECTING MAJOR JAMES A. MATTHEWS TO PROCEED MARCH 12, 1948, FROM WASHINGTON, D.C., TO LOWRY FIELD, AS A STUDENT, TO ATTEND A 20 WEEKS " AIR INTELLIGENCE OFFICER COURSE.' DECISION IS REQUESTED WHETHER THE FIRST 15 DAYS OF LEAVE TAKEN BY THE RECIPIENT OF THIS ORDER MAY BE CONSIDERED TO HAVE BEEN INVOLVED IN FIELD OR COAST-DEFENSE TRAINING ENTITLING THE EMPLOYEE TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING PURSUANT TO THE PROVISIONS OF 32 U.S.C. 75. 32 U.S.C. 75 PROVIDES:

SECTION 75. GOVERNMENT EMPLOYEES IN NATIONAL GUARD; LEAVES OF ABSENCE FOR TRAINING PERIODS; EMPLOYMENT AND REEMPLOYMENT RIGHTS; PAY AND ALLOWANCES.

ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA, WHO SHALL BE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING ON ALL DAYS DURING WHICH THEY SHALL BE ENGAGED IN FIELD OR COAST-DEFENSE TRAINING ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS TITLE, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR: * * *

THUS, IT IS SEEN THAT MEMBERS OF THE NATIONAL GUARD WHO ARE ALSO OFFICERS OR EMPLOYEES OF THE UNITED STATES ARE ENTITLED TO FIFTEEN DAYS' LEAVE OF ABSENCE FOR THE PURPOSE STATED THEREIN, NAMELY, WHEN ENGAGED IN DULY AUTHORIZED "FIELD OR COAST-DEFENSE TRAINING.' HOWEVER, THE OFFICER HERE INVOLVED WAS NOT ENGAGED IN SUCH TRAINING BUT WAS ORDERED TO ATTEND A SPECIALIZED COURSE OF INSTRUCTION. WITH RESPECT TO A SIMILAR SITUATION, IT WAS STATED IN DECISION OF MARCH 17, 1927, 6 COMP. GEN. 595, 596, THAT:

* * * THE LEAVE OF ABSENCE IS, HOWEVER, LIMITED TO THE TIME ENGAGED IN COAST DEFENSE OR FIELD TRAINING ORDERED OR AUTHORIZED UNDER THE NATIONAL DEFENSE ACT AND DOES NOT INCLUDE ABSENCE FOR ATTENDANCE AT UNITED STATES MILITARY SERVICE SCHOOLS OR ABSENCE FOR OTHER PURPOSES.

ACCORDINGLY, IN ANSWER TO THE SPECIFIC QUESTION PRESENTED, I HAVE TO ADVISE THAT THE FIRST FIFTEEN DAYS' LEAVE TAKEN BY MAJOR MATTHEWS FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION MAY NOT BE CONSIDERED TO HAVE BEEN ENGAGED IN "FIELD OR COAST-DEFENSE TRAINING.' HENCE, HE IS NOT ENTITLED TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING.