B-133972, AUG. 12, 1968

B-133972: Aug 12, 1968

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BY WHICH YOU PRESENT SEVERAL QUESTIONS WITH REGARD TO THE LEAVE WHICH MAY BE GRANTED FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES WHO ARE MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD FOR THE DAYS THEY WERE CALLED TO DUTY IN THE NATIONAL GUARD IN CONNECTION WITH THE RECENT CIVIL DISORDERS IN THE DISTRICT OF COLUMBIA. WHEN THEY WERE ON NATIONAL GUARD DUTY IN A FEDERALIZED STATUS. A COPY OF WHICH IS ENCLOSED. WE HELD THAT EMPLOYEE ABSENCES FOR DISTRICT OF COLUMBIA NATIONAL GUARD DUTY DURING THAT PERIOD WERE TO BE CHARGED TO THE 15 DAYS MILITARY LEAVE AUTHORIZED BY 5 U.S.C. 6323. WHICH WAS UNINTENTIONALLY REPEALED. YOUR SECOND QUESTION AS CONTAINED IN PARAGRAPH 4 OF YOUR LETTER IS AS FOLLOWS: "4.

B-133972, AUG. 12, 1968

TO GENERAL SOUTHWARD:

WE REFER TO YOUR LETTER OF JULY 13, 1968, BY WHICH YOU PRESENT SEVERAL QUESTIONS WITH REGARD TO THE LEAVE WHICH MAY BE GRANTED FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES WHO ARE MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD FOR THE DAYS THEY WERE CALLED TO DUTY IN THE NATIONAL GUARD IN CONNECTION WITH THE RECENT CIVIL DISORDERS IN THE DISTRICT OF COLUMBIA.

YOUR FIRST QUESTION (PARAGRAPH 3 OF YOUR LETTER) RELATES TO THE GRANTING OF MILITARY LEAVE TO MEMBERS DURING THE PERIOD APRIL 5-16, 1968, WHEN THEY WERE ON NATIONAL GUARD DUTY IN A FEDERALIZED STATUS. IN THE DECISION OF JULY 24, 1968, B-133972, A COPY OF WHICH IS ENCLOSED, WE HELD THAT EMPLOYEE ABSENCES FOR DISTRICT OF COLUMBIA NATIONAL GUARD DUTY DURING THAT PERIOD WERE TO BE CHARGED TO THE 15 DAYS MILITARY LEAVE AUTHORIZED BY 5 U.S.C. 6323. WE ALSO SAID IN THAT DECISION THAT ABSENCES OF THE EMPLOYEES CONCERNED WHILE PARTICIPATING IN THE ANNUAL ENCAMPMENT OF THE DISTRICT OF COLUMBIA NATIONAL GUARD SHOULD TENTATIVELY BE CHARGED AGAINST UNLIMITED MILITARY LEAVE PENDING CONSIDERATION OF PROPOSED LEGISLATION TO REINSTATE THE PROVISIONS OF SECTION 49 OF THE ACT OF MARCH 1, 1889, 25 STAT. 779, WHICH WAS UNINTENTIONALLY REPEALED.

YOUR SECOND QUESTION AS CONTAINED IN PARAGRAPH 4 OF YOUR LETTER IS AS FOLLOWS:

"4. ON THE OCCASION OF THE EXPIRATION OF THE PERMIT FOR THE OCCUPANCY OF RESURRECTION CITY, I ORDERED CERTAIN UNITS OF THE D.C. NATIONAL GUARD TO DUTY ON 24 JUNE IN THEIR MILITIA STATUS. SOME OF THESE TROOPS WERE ACTUALLY COMMITTED TO THE STREETS TO SUPPORT THE METROPOLITAN POLICE DEPARTMENT IN THE SUPPRESSION OF RIOTS. OTHERS WERE HELD IN RESERVE IN THE ARMORY, PREPARED FOR SIMILAR DUTY, BUT FORTUNATELY WERE NOT REQUIRED TO BE COMMITTED. ALL WERE RETAINED ON CONTINUOUS DUTY 24 THROUGH 26 JUNE. IN ORDER TO PROVIDE PAY FOR THESE TROOPS, THE CHIEF OF THE NATIONAL GUARD BUREAU AUTHORIZED SIX DRILL PERIODS, IN ADDITION TO THE REGULARLY- SCHEDULED, NORMALLY-ALLOWED FORTY-EIGHT DRILLS. "QUESTION: ARE GOVERNMENT EMPLOYEES ENTITLED TO MILITARY LEAVE FOR THIS KIND OF DUTY (EXTRA ALL DAY ASSEMBLIES ORDERED SPECIFICALLY FOR CIVIL DISTURBANCE DUTY/? "

SINCE THE NATIONAL GUARD DUTY PERFORMED ON THOSE DAYS WAS ONE OF THE TYPES OF DUTY CONTEMPLATED BY SECTION 49 OF THE 1889 ACT SUPRA AND NOT REGULAR WEEKLY DRILL DUTY, WE ARE OF THE OPINION THAT THE ABSENCES OF EMPLOYEES OF THE FEDERAL GOVERNMENT OR THE DISTRICT OF COLUMBIA ON JUNE 24 -26, SHOULD BE CHARGED AGAINST UNLIMITED MILITARY LEAVE AS INDICATED IN THE DECISION OF JULY 24, 1968, REFERRED TO ABOVE.

YOUR THIRD QUESTION AS CONTAINED IN PARAGRAPH 5 OF YOUR LETTER IS AS FOLLOWS:

"5. ON SOME OCCASIONS UNITS OF THE D.C. NATIONAL GUARD ARE ORDERED TO DUTY IN THEIR MILITIA STATUS TO REINFORCE THE METROPOLITAN POLICE FORCE IN CROWD CONTROL, TO REPLACE METROPOLITAN POLICE PERSONNEL IN PRECINCT PATROL DUTY SO THAT GREATER NUMBERS OF POLICEMEN MAY BE ASSIGNED -DOWNTOWN,- AND TO BE AVAILABLE IN THE EVENT OF CIVIL DISTURBANCES. ONE SUCH OCCASION WAS 19 JUNE -- -SOLIDARITY DAY,- WHICH HAD A POTENTIAL FOR WIDESPREAD DISORDERS. IN ORDER TO PROVIDE LEGAL STATUS FOR THE TROOPS FOR THIS SERVICE (AND TO MINIMIZE COST), REGULARLY-SCHEDULED DRILLS HAVE BEEN ALLOCATED, AND IN SOME INSTANCES (E.G., 19 JUNE) HAVE BEEN RESCHEDULED TO A NORMAL WORKDAY. ,QUESTION: ARE GOVERNMENT EMPLOYEES ENTITLED TO MILITARY LEAVE FOR THIS TYPE OF DUTY?

ALTHOUGH A CHANGE IN THE SCHEDULING OF REGULAR DRILLS WAS THE BASIS FOR ORDERING THE MEMBERS TO DUTY ON JUNE 19 THE DUTY PERFORMED WAS NOT REGULAR DRILL DUTY BUT WAS SPECIFICALLY ORDERED BY YOU FOR THE PURPOSE OF ASSISTING WITH LAW ENFORCEMENT IN THE DISTRICT OF COLUMBIA -- A TYPE OF DUTY FOR WHICH EXCUSED ABSENCE (UNLIMITED MILITARY LEAVE) WAS AUTHORIZED BY SECTION 49 OF THE 1889 ACT. THEREFORE, EMPLOYEES OF THE FEDERAL GOVERNMENT AND THE DISTRICT OF COLUMBIA GOVERNMENT SHOULD BE EXCUSED FOR THAT DAY ON THE SAME BASIS AS THEY ARE TO BE EXCUSED FOR ABSENCES DURING THE PERIOD JUNE 24-26.

WE TRUST THAT THIS DECISION WILL ENABLE YOU TO ASSIST MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD WHO WERE ON MILITARY DUTY DURING THE PERIODS IN QUESTION IN OBTAINING APPROPRIATE LEAVE CREDITS AND CHARGES FOR THEIR ABSENCES FROM THEIR CIVILIAN POSITIONS DURING THOSE PERIODS.