B-133972, FEB 5, 1973, 52 COMP GEN 471

B-133972: Feb 5, 1973

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IS ENTITLED TO CIVILIAN PAY WITHOUT CHARGE TO MILITARY OR CIVILIAN LEAVE FOR THE DAY OF DEPARTURE SINCE THE CIVILIAN DUTIES WERE PERFORMED BY THE MEMBER BEFORE HE BECAME SUBJECT TO MILITARY CONTROL AND THE PERFORMANCE OF MILITARY DUTIES. TO CIVILIAN COMPENSATION FOR THE DAY HE REPORTED BACK TO HIS CIVILIAN POSITION AT WHICH TIME HE NO LONGER WAS SUBJECT TO MILITARY CONTROL. ENTITLEMENT TO MILITARY PAY INCIDENT TO THE RETURN TRAVEL FROM TRAINING IS NOT INCOMPATIBLE TO THE PERFORMANCE OF CIVILIAN DUTIES OR PAYMENT THEREFOR AFTER TERMINATION OF ACTIVE MILITARY TRAINING DUTY. STATUS A NATIONAL GUARD TECHNICIAN WHO BECAME SUBJECT TO MILITARY CONTROL UPON REPORTING FOR FULL-TIME TRAINING DUTY TO A NATIONAL GUARD SCHOOL FOR RECRUITERS PURSUANT TO 32 U.S.C. 504 AFTER COMPLETION OF A CIVILIAN WORKDAY IS ENTITLED UNDER THE PRINCIPLE IN 49 COMP.

B-133972, FEB 5, 1973, 52 COMP GEN 471

NATIONAL GUARD - CIVILIAN EMPLOYEES - TECHNICIANS - TRAINING DUTY AS GUARDSMAN - COMPENSATION AND LEAVE STATUS A NATIONAL GUARD TECHNICIAN EMPLOYED UNDER 32 U.S.C. 709, WHO UPON COMPLETION OF A CIVILIAN WORKDAY DEPARTS FOR 2 WEEKS FULL-TIME TRAINING DUTY AS A NATIONAL GUARDSMAN FOR A COURSE OF INSTRUCTION PURSUANT TO 32 U.S.C. 505, AND RETURNS HOME IN A MILITARY TRAVEL STATUS SHORTLY AFTER MIDNIGHT, REPORTING TO HIS CIVILIAN POSITION THE SAME DAY, IS ENTITLED TO CIVILIAN PAY WITHOUT CHARGE TO MILITARY OR CIVILIAN LEAVE FOR THE DAY OF DEPARTURE SINCE THE CIVILIAN DUTIES WERE PERFORMED BY THE MEMBER BEFORE HE BECAME SUBJECT TO MILITARY CONTROL AND THE PERFORMANCE OF MILITARY DUTIES, AND TO CIVILIAN COMPENSATION FOR THE DAY HE REPORTED BACK TO HIS CIVILIAN POSITION AT WHICH TIME HE NO LONGER WAS SUBJECT TO MILITARY CONTROL, AND ENTITLEMENT TO MILITARY PAY INCIDENT TO THE RETURN TRAVEL FROM TRAINING IS NOT INCOMPATIBLE TO THE PERFORMANCE OF CIVILIAN DUTIES OR PAYMENT THEREFOR AFTER TERMINATION OF ACTIVE MILITARY TRAINING DUTY. LEAVES OF ABSENCE - CIVILIANS ON MILITARY DUTY - LEAVE, ETC., STATUS A NATIONAL GUARD TECHNICIAN WHO BECAME SUBJECT TO MILITARY CONTROL UPON REPORTING FOR FULL-TIME TRAINING DUTY TO A NATIONAL GUARD SCHOOL FOR RECRUITERS PURSUANT TO 32 U.S.C. 504 AFTER COMPLETION OF A CIVILIAN WORKDAY IS ENTITLED UNDER THE PRINCIPLE IN 49 COMP. GEN. 233 TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE FOR THE DAY OF REPORTING, EVEN THOUGH HE MAY BE ENTITLED TO MILITARY PAY FOR THAT DAY. HOWEVER, SINCE THE FULL-TIME TRAINING DUTY IS ACTIVE DUTY UNDER 37 U.S.C. 204(D), WHICH IS INCOMPATIBLE WITH CIVILIAN SERVICE, THERE IS NO ENTITLEMENT UNDER THE RULE IN 37 COMP. GEN. 255 TO CIVILIAN PAY WITHOUT CHARGE TO THE APPROPRIATE LEAVE - MILITARY, ANNUAL, OR LWOP - FOR THE DAYS SUBSEQUENT TO COMING UNDER MILITARY CONTROL, EVEN THOUGH THE DUTIES OF THE MILITARY ASSIGNMENT WERE SUCH THAT THE MEMBER WAS ABLE TO PERFORM CIVILIAN DUTY ON THOSE DAYS. PAY - DOUBLE - ACTIVE DUTY AND CIVILIAN EMPLOYMENT - REIMBURSEMENT STATUS A NATIONAL GUARD TECHNICIAN WHO AFTER 4 HOURS OF CIVILIAN DUTY TAKES 4 HOURS OF ANNUAL LEAVE IN ORDER TO PERFORM MILITARY RECRUITING UNDER ORDERS ISSUED PURSUANT TO 32 U.S.C. 505 MAY RECEIVE 4 HOURS CIVILIAN PAY AND 4 HOURS ANNUAL LEAVE AS WELL AS ANY MILITARY COMPENSATION WHICH ACCRUES UNDER HIS ORDERS SINCE CIVILIAN COMPENSATION MAY BE PAID FOR THE TIME WORKED PRIOR TO REPORTING FOR MILITARY DUTY, AND A RESERVIST OR MEMBER OF THE NATIONAL GUARD MAY BE PLACED ON LEAVE, INCLUDING ANNUAL LEAVE, WHILE PERFORMING ACTIVE OR FULL-TIME TRAINING DUTY, AND IF THE TECHNICIAN WISHES TO CHARGE HIS ABSENCE TO ALLOWABLE MILITARY LEAVE THE CHARGE MUST BE FOR 1 DAY AS THERE IS NO AUTHORITY FOR CHARGING MILITARY LEAVE IN INCREMENTS OF LESS THAN 1 DAY. SINCE THE INCOMPATIBILITY RULE SHOULD NOT PREVENT THE CHARGING OF LESS THAN A FULL 8 HOURS OF ANNUAL LEAVE WHEN A CIVILIAN EMPLOYEE B-152908, DECEMBER 17, 1963, IS MODIFIED. COMPENSATION - DOUBLE - CIVILIANS ON MILITARY DUTY - NATIONAL GUARD TECHNICIANS A NATIONAL GUARD TECHNICIAN WHO FOR A PERIOD OF 5 DAYS PERFORMS 4 HOURS OF CIVILIAN DUTY EACH DAY FOLLOWED BY ACTIVE MILITARY DUTY AS PART OF THE YEAR AROUND TRAINING AUTHORIZED UNDER 32 U.S.C. 503, DEFINED AS "TRAINING PERFORMED FROM TIME TO TIME THROUGHOUT THE CALENDAR YEAR IN VARYING INCREMENTS AS CONTRASTED TO 15 CONSECUTIVE DAYS," IS ENTITLED TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE FOR THE 4 HOURS WORKED IN A CIVILIAN CAPACITY ON THE DAY HE REPORTED FOR MILITARY DUTY, WITH A CHARGE OF 4 HOURS ANNUAL LEAVE OR A FULL DAY OF MILITARY LEAVE FOR THE 4 REMAINING HOURS OF THE CIVILIAN DUTY DAY. IN ORDER FOR THE TECHNICIAN TO RECEIVE COMPENSATION FROM BOTH THE CIVILIAN AND MILITARY SOURCES, 8 HOURS OF ANNUAL LEAVE OR A FULL DAY OF MILITARY LEAVE IS CHARGEABLE FOR THE BALANCE OF THE 5-DAY PERIOD, SINCE NO ADDITIONAL PAY WOULD RESULT FOR THE PART-TIME PERFORMANCE OF CIVILIAN DUTIES WITHOUT A CHARGE TO LEAVE.

TO THE SECRETARY OF DEFENSE, FEBRUARY 5, 1973:

WE REFER TO THE LETTER DATED JULY 10, 1972, OF THE CHIEF, NATIONAL GUARD BUREAU, DEPARTMENTS OF THE ARMY AND AIR FORCE, REFERENCE NGB-TNS, REQUESTING OUR DECISION WITH REGARD TO THE PAY ENTITLEMENT OF NATIONAL GUARD TECHNICIANS IN SEVERAL SITUATIONS WHEN BOTH CIVILIAN DUTIES AND ACTIVE DUTY WITH THE NATIONAL GUARD ARE PERFORMED IN ONE DAY.

AS INDICATED IN THE SUBMISSION WE HELD IN THE FINAL PARAGRAPH OF 49 COMP. GEN. 233 AT 243(1969), THAT A CIVILIAN EMPLOYEE WHO IS CALLED TO ACTIVE MILITARY DUTY WITH HIS NATIONAL GUARD OR MILITARY RESERVE UNIT AFTER HE HAS COMPLETED HIS CIVILIAN DUTIES FOR THE DAY MAY RECEIVE BOTH CIVILIAN AND MILITARY PAY FOR THAT DAY WITHOUT A CHARGE TO LEAVE IN THE CIVILIAN POSITION. THAT CASE INVOLVED MILITARY DUTY FOR LAW ENFORCEMENT AND THE MILITARY LEAVE PROVISIONS COVERED BY 5 U.S.C. 6323(C). THE QUESTION OF WHETHER THE MEMBER'S CIVILIAN PAY SHOULD BE REDUCED BY THE AMOUNT OF HIS MILITARY PAY UNDER THE PROVISIONS OF 5 U.S.C. 5519 WAS ALSO CONSIDERED. IT WAS HELD THAT REDUCTION OF CIVILIAN PAY WAS NOT REQUIRED BECAUSE THE EMPLOYEE/MEMBER HAD NOT BEEN EXCUSED FROM HIS CIVILIAN DUTIES IN ORDER TO PERFORM MILITARY DUTY NOR HAD HE BECOME SUBJECT TO MILITARY CONTROL AT THE TIME HE PERFORMED HIS CIVILIAN DUTIES. THE QUESTIONS NOW PRESENTED BY THE CHIEF, NATIONAL GUARD BUREAU INVOLVE ACTIVE DUTY MILITARY TRAINING (FOR WHICH THEY ARE ENTITLED TO MILITARY LEAVE UNDER 5 U.S.C. 6323(A)) PERFORMED BY CIVILIAN TECHNICIANS OF THE NATIONAL GUARD AND NOT DUTY TO ASSIST IN LAW ENFORCEMENT. THE VIEW IS EXPRESSED THAT THE SAME PRINCIPLES SHOULD APPLY TO ANY FULL-TIME TRAINING DUTY OR ACTIVE DUTY ON A DAY DURING WHICH THE EMPLOYEE HAD PERFORMED ALL OF THE DUTIES OF HIS CIVILIAN EMPLOYMENT.

THE FIRST CASE PRESENTED AND THE QUESTIONS CONCERNING IT ARE AS FOLLOWS:

A NATIONAL GUARD TECHNICIAN EMPLOYED UNDER 32 U.S.C. 709 COMPLETES HIS CIVILIAN WORK DAY AT 1700 HOURS, 1 JULY, IN SACRAMENTO, CALIFORNIA. SPECIAL ORDERS DATED 28 JUNE, HE HAS BEEN ORDERED TO TWO WEEKS FULL TIME TRAINING DUTY (FTTD), AS A NATIONAL GUARDSMAN, TO BE PERFORMED AT A COURSE OF INSTRUCTION AT FORT EUSTIS, VIRGINIA, UNDER AUTHORITY 32 U.S.C. 505. REPORTING TIME AT FORT EUSTIS IS SPECIFIED AS 0800 HOURS, 2 JULY. DEPARTS HIS HOME IN MILITARY TRAVEL STATUS AT 1930 HOURS, 1 JULY, PERFORMS HIS PERIOD OF FTTD AND RETURNS TO HIS HOME IN MILITARY TRAVEL STATUS, ARRIVING AT 0130 HOURS, 16 JULY AND REPORTS TO WORK AT HIS CIVILIAN JOB AT 0800 HOURS THE SAME DAY.

QUESTION #1 - IS THE TECHNICIAN ENTITLED TO BOTH CIVILIAN AND MILITARY PAY FOR 1 JULY SINCE HE HAD COMPLETED HIS CIVILIAN WORKDAY PRIOR TO ENTERING MILITARY STATUS?

QUESTION #2 - IS THE TECHNICIAN ENTITLED TO BOTH CIVILIAN AND MILITARY PAY FOR 16 JULY SINCE HE HAD COMPLETED HIS MILITARY TRAINING PRIOR TO 0800 HOURS AND HE FURTHER REPORTED TO HIS CIVILIAN JOB AND WORKED HIS SCHEDULED TOUR OF DUTY?

QUESTION #3 - PROVIDED QUESTIONS ONE AND TWO ARE NEGATIVE, SHOULD HE HAVE BEEN CHARGED APPROPRIATE LEAVE (MILITARY, ANNUAL, LWOP) ON 1 AND 16 JULY, EVEN THOUGH HE WORKED HIS CIVILIAN TOUR OF DUTY ON BOTH DAYS INVOLVED?

THE NATIONAL GUARD TECHNICIAN INVOLVED IN THIS CASE WOULD BE ENTITLED TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE (MILITARY OR ANNUAL) FOR JULY 1 SINCE HE PERFORMED HIS CIVILIAN DUTIES BEFORE HE BECAME SUBJECT TO MILITARY CONTROL AND PERFORMED DUTIES INCIDENT TO HIS MILITARY STATUS. HAVING COMPLETED ALL THE MILITARY TRAINING DUTIES REQUIRED IN HIS ORDERS HE WAS NO LONGER SUBJECT TO MILITARY CONTROL AT THE TIME HE REPORTED FOR CIVILIAN DUTY ON JULY 16. THE FACT THAT HE MAY HAVE BEEN ENTITLED TO MILITARY PAY FOR THAT DAY FOR THE REASON THAT HIS RETURN TRAVEL FROM TRAINING WAS NOT COMPLETED UNTIL 1:30 A.M. IS NOT CONSIDERED INCOMPATIBLE WITH THE PERFORMANCE OF HIS CIVILIAN DUTIES OR THE PAYMENT OF CIVILIAN COMPENSATION FOR ACTUAL WORK PERFORMED AFTER TERMINATION OF HIS ACTIVE MILITARY TRAINING DUTY. QUESTIONS 1 AND 2 ARE ANSWERED IN THE AFFIRMATIVE MAKING AN ANSWER TO QUESTION 3 UNNECESSARY.

THE SECOND CASE AND RELATED QUESTIONS ARE AS FOLLOWS:

A NATIONAL GUARD SCHOOL FOR RECRUITERS IS TO BE HELD DURING THE PERIOD 1 TO 3 MARCH, FROM 1800 TO 2300 HOURS EACH DAY. 32 U.S.C. 504 IS CITED AS THE TRAINING AUTHORITY AND THE MEMBER ATTENDING THE SCHOOL WILL BE IN MILITARY STATUS (FULL TIME TRAINING DUTY) AND ENTITLED TO MILITARY PAY. HE ALSO WORKS HIS CUSTOMARY 8 HOURS ON EACH DAY IN HIS CIVILIAN STATUS, FROM 0800 TO 1700 HOURS.

QUESTION #1 - IS THE TECHNICIAN ENTITLED TO BOTH CIVILIAN AND MILITARY PAY FOR 1, 2, AND 3 MARCH SINCE HE HAD COMPLETED HIS CIVILIAN WORKDAY PRIOR TO ENTERING MILITARY STATUS?

QUESTION #2 - SHOULD HE BE CHARGED APPROPRIATE LEAVE (MILITARY, ANNUAL, LWOP) ON EACH DAY IN QUESTION, EVEN THOUGH HE WORKED HIS CIVILIAN TOUR OF DUTY ON EACH DAY INVOLVED?

IF THE MEMBER DID NOT BEGIN TRAINING OR OTHERWISE BECOME SUBJECT TO MILITARY CONTROL IN MARCH 1 UNTIL AFTER HE HAD PERFORMED ALL HIS CIVILIAN DUTIES FOR THAT DAY HE IS ENTITLED UNDER THE PRINCIPLE STATED IN 49 COMP. GEN. 233 TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE EVEN THOUGH HE MAY HAVE BEEN ENTITLED TO MILITARY PAY FOR THAT DAY. HOWEVER, FULL-TIME TRAINING DUTY AS A MEMBER OF THE NATIONAL GUARD IS DEFINED AS ACTIVE DUTY IN 37 U.S.C. 204(D). THE DECISION IN 49 COMP. GEN. 233 AT 243 AS DISCUSSED ABOVE DID NOT TOTALLY INVALIDATE THE LONG ESTABLISHED RULE AS DISCUSSED IN 37 COMP. GEN. 255(1957) THAT ACTIVE MILITARY DUTY IS INCOMPATIBLE WITH CIVILIAN SERVICE ALTHOUGH IT DID MODIFY THAT RULE TO THE EXTENT THAT CIVILIAN SERVICES ARE PERFORMED BEFORE THE INDIVIDUAL FIRST REPORTS FOR MILITARY DUTY. SINCE THE TECHNICIAN IN THIS EXAMPLE WAS ON ACTIVE MILITARY DUTY FOR TRAINING FROM 6 P.M. MARCH 1 UNTIL 11 P.M. MARCH 3 HE IS NOT ENTITLED TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE FOR MARCH 2 AND 3 EVEN THOUGH THE DUTIES OF HIS MILITARY ASSIGNMENT WERE SUCH THAT HE WAS ABLE TO PERFORM HIS CIVILIAN DUTIES ON THOSE DAYS. IN SUMMARY, THE TECHNICIAN MAY BE PAID BOTH CIVILIAN AND MILITARY PAY FOR MARCH 1 WITHOUT CHARGE TO LEAVE BUT HE MUST BE CHARGED LEAVE (MILITARY, ANNUAL, LWOP) FOR MARCH 2 AND 3. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

THE THIRD CASE AND THE QUESTIONS PRESENTED ARE AS FOLLOWS:

A NATIONAL GUARD TECHNICIAN WORKS AT HIS CIVILIAN JOB FROM 0800 UNTIL 1200 HOURS AND THEN TAKES ANNUAL LEAVE FOR THE BALANCE OF THE DAY. HE IS IN RECEIPT OF SPECIAL ORDERS AUTHORIZING FTTD UNDER 32 U.S.C. 505 FOR RECRUITING PURPOSES ON THE SAME DAY. HE PROCEEDS TO A HIGH SCHOOL AT 1400 HOURS WHERE HE PERFORMS RECRUITING ACTIVITIES AND RETURNS HOME AT 1845 HOURS.

QUESTION #1 - IS THE TECHNICIAN ENTITLED TO BOTH CIVILIAN AND MILITARY PAY SINCE HE HAD COMPLETED FOUR HOURS OF HIS REGULAR CIVILIAN TOUR OF DUTY AND WAS GRANTED 4 HOURS OF ANNUAL LEAVE FOR THE REMAINDER OF THE CIVILIAN WORK DAY?

QUESTION #2 - IF THE TECHNICIAN APPLIED FOR MILITARY LEAVE TO WHICH HE WAS ENTITLED, WOULD HE HAVE BEEN CHARGED WITH 8 HOURS OR 4 HOURS, SINCE HE HAD COMPLETED FOUR HOURS OF CIVILIAN WORK TOUR BEFORE ENTERING MILITARY STATUS?

A TECHNICIAN PROPERLY ORDERED TO FULL-TIME TRAINING DUTY MAY RECEIVE CIVILIAN PAY FOR TIME WORKED IN HIS CIVILIAN CAPACITY PRIOR TO THE TIME HE BECAME SUBJECT TO MILITARY CONTROL THROUGH REPORTING FOR MILITARY DUTY. SEE ANSWERS TO CASES 1 AND 2. FURTHER, A RESERVE OR MEMBER OF THE NATIONAL GUARD MAY BE PLACED ON LEAVE INCLUDING ANNUAL LEAVE FROM HIS CIVILIAN POSITION WHILE PERFORMING ACTIVE MILITARY DUTY OR FULL TIME TRAINING DUTY. SPECIFICALLY THE TECHNICIAN IN THIS CASE MAY RECEIVE CIVILIAN PAY FOR 4 HOURS BASED ON TIME ACTUALLY WORKED AND 4 HOURS ANNUAL LEAVE AS WELL AS ANY MILITARY COMPENSATION WHICH ACCRUES UNDER THE SPECIAL ORDERS APPLICABLE. HOWEVER, THERE IS NO AUTHORITY FOR CHARGING MILITARY LEAVE IN INCREMENTS OF LESS THAN ONE DAY. E 165619, DECEMBER 31, 1968, COPY ENCLOSED. ACCORDINGLY, IF THE TECHNICIAN WISHES TO CHARGE HIS ABSENCE TO ALLOWABLE MILITARY LEAVE THE CHARGE MUST BE FOR ONE OF THE ALLOWABLE 15 DAYS.

WE RECOGNIZE THAT THIS HOLDING IS CONTRARY TO THE RULE STATED IN B 152908, DECEMBER 17, 1963, IN WHICH AN EMPLOYEE WHO BEGAN TO SERVE A PERIOD OF ACTIVE MILITARY DUTY AFTER HE HAD WORKED 6 HOURS IN HIS CIVILIAN POSITION WAS REQUIRED TO BE CHARGED LEAVE, ANNUAL OR MILITARY, FOR THE FULL DAY. HOWEVER, ON RECONSIDERATION OF THE MATTER AND IN VIEW OF 49 COMP. GEN. 233(1969), WE BELIEVE THAT THE BETTER VIEW IS THAT THE INCOMPATIBILITY RULE SHOULD NOT PREVENT THE CHARGING OF LESS THAN A FULL 8 HOURS OF ANNUAL LEAVE WHEN AN EMPLOYEE HAS RENDERED SERVICES FOR A PART OF SUCH DAY BEFORE BECOMING SUBJECT TO MILITARY CONTROL. THE DECISION B- 152908, DECEMBER 17, 1963, IS MODIFIED ACCORDINGLY. THE SAME MAY NOT BE SAID FOR MILITARY LEAVE UNDER 5 U.S.C. 6323(A) SINCE THAT LEAVE IS NOT SUSCEPTIBLE OF CHARGING IN AMOUNTS LESS THAN FULL DAYS.

THE FOURTH CASE AND RELATED QUESTIONS ARE AS FOLLOWS:

A NATIONAL GUARD TECHNICIAN IS ORDERED TO PERFORM MILITARY DUTY AS PART OF THE YEAR-ROUND ANNUAL TRAINING UNDER SECTION 503 OF TITLE 32 U.S.C. FOR 5 DAYS, FROM 20-24 MARCH, MONDAY THRU FRIDAY. THE ANNUAL TRAINING HAS BEEN SCHEDULED TO PROVIDE A MILITARY DUTY DAY FROM 1300 TO 2200 HOURS EACH DAY AND WILL BE PERFORMED IN THE IMMEDIATE VICINITY OF THE TECHNICIAN'S WORK STATION. THE TECHNICIAN PERFORMS TECHNICIAN DUTIES EACH DAY FROM 0800 TO 1200 HOURS AND THEN PERFORMS THE MILITARY DUTIES FROM 1300 TO 2200 HOURS EACH DAY. HE APPLIES FOR AND IS GRANTED 4 HOURS OF ANNUAL LEAVE FROM 1300 TO 1700 HOURS EACH DAY.

QUESTION #1 - IS THE TECHNICIAN ENTITLED TO BOTH CIVILIAN AND MILITARY PAY SINCE HE COMPLETED FOUR HOURS OF HIS CIVILIAN TOUR OF DUTY AND WAS GRANTED 4 HOURS ANNUAL LEAVE FOR THE REMAINDER OF EACH CIVILIAN WORK DAY INVOLVED?

QUESTION #2 - IF THE TECHNICIAN APPLIED FOR MILITARY LEAVE TO WHICH HE WAS ENTITLED, WOULD HE HAVE BEEN CHARGED WITH 8 HOURS OR 4 HOURS OF MILITARY LEAVE, SINCE HE WORKED 4 HOURS EACH DAY IN A CIVILIAN STATUS?

QUESTION #3 - SHOULD THE TECHNICIAN BE ALLOWED TO PERFORM CIVILIAN WORK ON ANY OF THE WORK DAYS INVOLVED SINCE HE IS ON FIVE CONTINUOUS DAYS OF MILITARY DUTY, EVEN THOUGH HIS MILITARY TOUR OF DUTY DOES NOT BEGIN UNTIL 1300 HOURS EACH DAY?

UNDER THE PROVISIONS OF NGR 350-1, PARAGRAPH 3D, "YEAR AROUND TRAINING" IS DEFINED AS TRAINING PERFORMED FROM TIME TO TIME THROUGHOUT THE CALENDAR YEAR IN VARYING INCREMENTS AS CONTRASTED TO 15 CONSECUTIVE DAYS. TECHNICIANS PERFORMING SUCH TRAINING DUTY ARE APPARENTLY ON ACTIVE DUTY FOR THE FULL PERIOD OF TIME INVOLVED. SEE 37 U.S.C. 204(D). IN THAT SITUATION ENTITLEMENT TO CIVILIAN PAY WITHOUT CHARGE TO LEAVE WOULD TERMINATE WHEN THE TECHNICIAN FIRST REPORTS FOR MILITARY DUTY AND SUCH ENTITLEMENT WOULD NOT BE RESTORED UNTIL HIS PERIOD OF TRAINING WAS COMPLETED. IN THE CASE PRESENTED WE BELIEVE THAT THE TECHNICIAN SHOULD BE ALLOWED CIVILIAN PAY WITHOUT CHARGE TO LEAVE FOR THE 4 HOURS HE WORKED IN HIS CIVILIAN CAPACITY ON MARCH 20 BEFORE REPORTING FOR MILITARY DUTY. HOWEVER, ANNUAL LEAVE (4 HOURS) OR MILITARY LEAVE (FULL DAY) WOULD BE CHARGEABLE FOR THE REMAINING 4 HOURS THAT DAY AND 8 HOURS OF ANNUAL LEAVE OR A FULL DAY OF MILITARY LEAVE ON EACH DAY MARCH 21 THROUGH 24 IN ORDER FOR THE TECHNICIAN TO RECEIVE COMPENSATION FROM BOTH SOURCES. THIS IS CONSISTENT WITH THE ANSWERS IN THE THIRD CASE PRESENTED.

WE ARE AWARE OF NOTHING WHICH WOULD PREVENT A TECHNICIAN FROM PERFORMING PART OF HIS CIVILIAN DUTIES WHILE ON ACTIVE MILITARY DUTY IF SUCH PERFORMANCE WAS APPROPRIATE IN VIEW OF HIS MILITARY TRAINING REQUIREMENTS. HOWEVER, SUCH PERFORMANCE WOULD NOT RESULT IN ADDITIONAL PAY WITHOUT THE CHARGING OF LEAVE AS INDICATED ABOVE. THE QUESTIONS ARE ANSWERED ACCORDINGLY.