B-148404, APR. 17, 1962

B-148404: Apr 17, 1962

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE RECALLED TO ACTIVE DUTY OCTOBER 22. YOU WERE RELEASED FROM ACTIVE DUTY JUNE 25. BE ENTITLED TO ALL OF THE REEMPLOYMENT RIGHTS AND BENEFITS PROVIDED BY THIS SECTION IN THE CASE OF PERSONS INDUCTED UNDER THE PROVISIONS OF THIS TITLE * * * IF HE IS RELIEVED FROM ACTIVE DUTY NOT LATER THAN FOUR YEARS AFTER THE DATE OF ENTERING UPON ACTIVE DUTY OR AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS AS HE IS ABOUT TO OBTAIN ORDERS RELIEVING HIM FROM ACTIVE DUTY.'. YOU WERE RESTORED TO YOUR CIVILIAN POSITION UNDER REGULATIONS ISSUED BY THE DEPARTMENT IN POSTAL BULLETIN NO. 19750 DATED JUNE 17. CANNOT BE CONSIDERED TO HAVE CIVILIAN OFFICER OR EMPLOYEE STATUS CONCURRENT WITH ACTIVE MILITARY SERVICE EXCEPT UNDER THE PROVISIONS OF 50 U.S.C.

B-148404, APR. 17, 1962

TO MR. JACK D. MANN:

YOUR LETTER OF MARCH 5, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF FEBRUARY 26, 1962, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT FOR 15 DAYS' MILITARY LEAVE WHILE ON ACTIVE DUTY AS A RESERVE OFFICER WITH THE U.S. AIR FORCE FROM OCTOBER 22, 1952, TO JUNE 25, 1957.

YOU WERE RECALLED TO ACTIVE DUTY OCTOBER 22, 1952, AS A RESERVE OFFICER AND SIGNED AN AGREEMENT TO SERVE FOR AN INDEFINITE TOUR OF ACTIVE DUTY WITH THE AIR FORCE. YOU WERE RELEASED FROM ACTIVE DUTY JUNE 25, 1957, AND RESTORED TO DUTY WITH THE POST OFFICE DEPARTMENT ON AUGUST 1, 1957.

SECTION 9 (G) (2) OF THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT, AS AMENDED 50 U.S.C. APP. 459 (G) (2), PROVIDES:

"ANY PERSON WHO, SUBSEQUENT TO JUNE 24, 1948, ENTERS UPON ACTIVE DUTY (OTHER THAN FOR THE PURPOSE OF DETERMINING HIS PHYSICAL FITNESS), WHETHER OR NOT VOLUNTARILY, IN THE ARMED FORCES OF THE UNITED STATES OR THE PUBLIC HEALTH SERVICE IN RESPONSE TO AN ORDER OR CALL TO ACTIVE DUTY SHALL, UPON HIS RELIEF FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS, BE ENTITLED TO ALL OF THE REEMPLOYMENT RIGHTS AND BENEFITS PROVIDED BY THIS SECTION IN THE CASE OF PERSONS INDUCTED UNDER THE PROVISIONS OF THIS TITLE * * * IF HE IS RELIEVED FROM ACTIVE DUTY NOT LATER THAN FOUR YEARS AFTER THE DATE OF ENTERING UPON ACTIVE DUTY OR AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS AS HE IS ABOUT TO OBTAIN ORDERS RELIEVING HIM FROM ACTIVE DUTY.'

THAT PROVISION DEFINES AND LIMITS THE RIGHTS OF RESERVISTS TO THEIR CIVILIAN EMPLOYMENT AND MUST BE APPLIED TO MILITARY LEAVE WHILE ON ACTIVE DUTY IN THE ARMED FORCES UNDER CIRCUMSTANCES SIMILAR TO YOURS.

ALTHOUGH YOUR MILITARY SERVICE EXTENDED BEYOND THE MANDATORY TIME LIMIT OF FOUR YEARS PROVIDED BY THE ACT FOR ENTITLEMENT TO RESTORATION RIGHTS, UPON YOUR RETURN TO DUTY ON AUGUST 1, 1957, YOU WERE RESTORED TO YOUR CIVILIAN POSITION UNDER REGULATIONS ISSUED BY THE DEPARTMENT IN POSTAL BULLETIN NO. 19750 DATED JUNE 17, 1954.

AN EMPLOYEE-RESERVIST PLACED ON MILITARY FURLOUGH PRIOR TO JANUARY 1, 1953, CANNOT BE CONSIDERED TO HAVE CIVILIAN OFFICER OR EMPLOYEE STATUS CONCURRENT WITH ACTIVE MILITARY SERVICE EXCEPT UNDER THE PROVISIONS OF 50 U.S.C. APP. 459 (C) AND 459 (G) (2). THESE SECTIONS TOGETHER REQUIRE THAT STATUS TO BE IMPUTED RETROACTIVELY TO THE EMPLOYEE UPON RESTORATION TO CIVILIAN DUTY ONLY IF HAVING SERVED NO LONGER THAN FOUR YEARS ON ACTIVE MILITARY DUTY OR WAS RELEASED "AS SOON AFTER THE EXPIRATION OF SUCH FOUR YEARS AS HE IS ABLE TO OBTAIN ORDERS RELIEVING HIM FROM ACTIVE DUTY.'

HOWEVER, THE RECORD FAILS TO SHOW THAT YOU REQUESTED YOUR RELEASE FROM ACTIVE MILITARY DUTY WITHIN THE MANDATORY TIME LIMIT PRESCRIBED BY THE ACT BUT RATHER YOU WERE COMPLYING WITH A PREVIOUS AGREEMENT TO REMAIN INDEFINITELY IN THE MILITARY SERVICE. THE FACT THAT THE POST OFFICE DEPARTMENT MAY HAVE AGREED WITH THE DEPARTMENT OF DEFENSE TO EXTEND THE TIME IN WHICH RESTORATION RIGHTS WOULD BE GRANTED TO EMPLOYEES WHO HAD SIGNED MILITARY SERVICE AGREEMENTS COULD HAVE NO EFFECT ON ANY RIGHTS PREDICATED ON 50 U.S.C. APP. 459 (C) AND 459 (G) (2).

BECAUSE YOUR RELEASE FROM ACTIVE DUTY ON JUNE 25, 1957, OCCURRED AFTER FOUR YEARS, EIGHT MONTHS, AND THREE DAYS OF MILITARY SERVICE, NO BASIS EXISTS FOR PAYMENT OF YOUR CLAIM FOR MILITARY LEAVE REGARDLESS OF YOUR RESTORATION UNDER ADMINISTRATIVE REGULATIONS.

THEREFORE, OUR SETTLEMENT OF FEBRUARY 26, 1962, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.

Jan 14, 2021

Jan 13, 2021

Looking for more? Browse all our products here