B-124158, JUL. 18, 1955

B-124158, JUL. 18, 1955

TO THE HONORABLE SECRETARY OF COMMERCE:

YOUR LETTER OF MAY 31, 1955, WITH ENCLOSURES, REQUESTS OUR DECISION UPON CERTAIN QUESTIONS REGARDING THE ANNUAL LEAVE RIGHTS OF "ADMINISTRATIVE ENROLLEES" OF THE UNITED STATES MARITIME SERVICE UPON A CHANGE IN THEIR EMPLOYMENT STATUS, I.E., UPON THEIR ASSIGNMENT FROM POSITIONS UNDER AN ADMINISTRATIVELY PRESCRIBED ANNUAL LEAVE SYSTEM TO POSITIONS UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, AS AMENDED, 67 STAT. 136.

THE FACTS CONCERNING THE SITUATION ARE SET FORTH IN YOUR LETTER, IN PART, AS FOLLOWS:

"UP TO THIS TIME THESE ENROLLEES HAVE BEEN TREATED BY THE DEPARTMENT AS EMPLOYEES HOLDING EXCEPTED APPOINTMENTS. COMPENSATION HAS BEEN FIXED ON THE SAME BASIS AS THAT OF THE COAST GUARD UNDER THE CAREER COMPENSATION ACT OF 1949, AS AMENDED. LEAVE HAS BEEN PROVIDED BY ADMINISTRATIVE REGULATION, ISSUED PURSUANT TO IMPLIED AUTHORITY UNDER SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED (46 U.S.C. 1126), ON THE SAME BASIS AS FOR THE COAST GUARD. THIS PRACTICE HAS BEEN FOUND BY YOUR OFFICE TO BE AUTHORIZED "SO LONG AS THAT CATEGORY OF PERSONNEL DESIGNATED AS ,ENROLLEES ON ACTIVE ADMINISTRATIVE DUTY" ARE GRANTED THE RANKS, GRADES, AND RATINGS PRESCRIBED FOR PERSONNEL OF THE COAST GUARD" (DECISION NO. B 117518,DATED NOVEMBER 20, 1953).'

YOU FURTHER RELATE THAT THE CIVIL SERVICE COMMISSION HAS NOW DETERMINED THAT THE CIVIL SERVICE ACT, THE CLASSIFICATION ACT OF 1949, AND THE ANNUAL AND SICK LEAVE ACT OF 1951 APPLY TO THESE PERSONS AND THE COMMISSION HAS REQUESTED THAT ACTION BE TAKEN BY YOUR DEPARTMENT ACCORDINGLY.

IN CONNECTION WITH THE APPLICATION OF THE ANNUAL AND SICK LEAVE ACT OF 1951 TO THESE PERSONS, YOU PRESENT THE FOLLOWING QUESTIONS FOR OUR CONSIDERATION:

"1. WHEN THESE PERSONS AND THEIR POSITIONS ARE MADE SUBJECT TO THE ANNUAL AND SICK LEAVE ACT, MAY A LUMP-SUM PAYMENT BE MADE FOR ALL OR ANY PART OF THE ANNUAL LEAVE ACCUMULATED AND ACCRUED IN ACCORDANCE WITH U.S. MARITIME SERVICE INSTRUCTIONS?

"2. IF THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, SHOULD THE ENROLLEES' ANNUAL LEAVE ACCUMULATED AND ACCRUED IN ACCORDANCE WITH U.S. MARITIME SERVICE INSTRUCTIONS BE CONVERTED AND CREDITED TO THEM IN THE MANNER PROVIDED IN SECTIONS 205 (E) AND 208 (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, AND SECTIONS 30.701 AND 30.703 OF THE CIVIL SERVICE REGULATIONS?

"3. IF THE ANSWER TO QUESTION 2 IS IN THE AFFIRMATIVE, MAY ANNUAL LEAVE BE CONVERTED AND CREDITED TO THE ENROLLEES IN AN AMOUNT EQUAL TO THE FULL AMOUNT OF CALENDAR DAY LEAVE TO THEIR CREDIT ON THE DATE OF CONVERSION, SUBJECT TO THE PRO-RATA ADJUSTMENT AS PROVIDED IN SECTIONS 208 (B) AND 205 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951 AND CIVIL SERVICE REGULATION 30.701 (B), AND SUBJECT TO THE MAXIMUM ACCUMULATION PERMITTED BY SECTION 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951?

"4.MAY THE SERVICE OF ADMINISTRATIVE ENROLLEES FOR THE 90 DAYS IMMEDIATELY PRIOR TO THEIR BECOMING SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, BE CONSIDERED (IF UNBROKEN) AS MEETING THE 90-DAY QUALIFYING PERIOD FOR CREDITING OF LEAVE ESTABLISHED BY SECTION 203 (I) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED?

SECTION 216 OF THE MERCHANT MARINE ACT, 1936, AS AMENDED, 53 STAT. 1182, 46 U.S.C. 1126, PROVIDES IN PART AS FOLLOWS, QUOTING FROM THE CODE:

"THE SECRETARY OF COMMERCE IS AUTHORIZED AND DIRECTED, UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE, TO ESTABLISH AND MAINTAIN THE UNITED STATES MARITIME SERVICE AS A VOLUNTARY ORGANIZATION FOR THE TRAINING OF CITIZENS OF THE UNITED STATES TO SERVE AS LICENSED AND UNLICENSED PERSONNEL ON AMERICAN MERCHANT (SIC) VESSELS. THE SECRETARY IS AUTHORIZED TO DETERMINE THE NUMBER OF PERSONS TO BE ENROLLED IN THE SAID SERVICE, TO FIX THE RATES OF PAY OF SUCH PERSONS, AND TO PRESCRIBE SUCH COURSES AND PERIODS OF TRAINING AS, IN ITS DISCRETION, IS NECESSARY TO MAINTAIN A TRAINED AND EFFICIENT MERCHANT MARINE PERSONNEL. THE RANKS, GRADES,AND RATINGS FOR THE PERSONNEL OF THE SAID SERVICE SHALL BE THE SAME AS ARE NOW OR SHALL HEREAFTER BE PRESCRIBED FOR THE PERSONNEL OF THE COAST GUARD. THE SECRETARY IS FURTHER AUTHORIZED TO EMPLOY AS INSTRUCTORS IN SAID SERVICE, ON A CONTRACT OF FEE BASIS (WITHOUT REGARD TO THE PROVISIONS OF SECTION 5 OF TITLE 41), SUCH QUALIFIED PERSONS, INCLUDING LICENSED AND UNLICENSED PERSONNEL OF THE MERCHANT MARINE, AS THE SECRETARY MAY DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.'

("SECRETARY OF COMMERCE" AND "SECRETARY" IN THE ABOVE CODE PROVISION WERE SUBSTITUTED FOR ,COMMISSION" (WHICH HAD REFERENCE TO UNITED STATES MARITIME COMMISSION--- NOW THE MARITIME ADMINISTRATION) ON AUTHORITY OF REORGANIZATION PLAN NO. 21 OF 1950, 64 STAT. 1273 (46 U.S.C. 1111, NOTE).)

PARAGRAPH 4 OF ARTICLE 224, INSTRUCTIONS FOR THE UNITED STATES MARITIME SERVICE, 1942, REVISED, AS AMENDED IN ACCORDANCE WITH REGULATIONS (GENERAL ORDER NO. 23, REVISED, AS AMENDED, 46 C.F.R. 310.13 AND FOLLOWING) ISSUED PURSUANT TO SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, PROVIDES, IN PART, AS FOLLOWS:

"4. UNUSED ANNUAL LEAVE UPON SEPARATION. IN ACCORDANCE WITH ARTICLE 1118 OF THESE INSTRUCTIONS ENROLLEES ON ACTIVE ADMINISTRATIVE DUTY SHALL BE ENTITLED TO RECEIVE LUMP SUM PAYMENT FOR THEIR UNUSED ACCRUED ANNUAL LEAVE, NOT TO EXCEED 120 DAYS FOR PERSONNEL ON ACTIVE DUTY ON JULY 24, 1947, AND NOT TO EXCEED 60 DAYS FOR PERSONNEL PLACED ON ACTIVE DUTY AFTER THAT DATE, UPON SEPARATION BY RELEASE FROM ACTIVE DUTY OR DISENROLLMENT OTHER THAN FOR CAUSE. * * *"

ARTICLE 1118, CITED IN THE INSTRUCTIONS JUST QUOTED, PROVIDES, IN PART, AS FOLLOWS:

"1. ENTITLEMENT AND LIMITATIONS. ENROLLEES ENTITLED TO BASIC PAY SHALL BE ENTITLED TO RECEIVE LUMP SUM PAYMENT FOR THEIR UNUSED ACCRUED ANNUAL LEAVE, NOT TO EXCEED 120 DAYS FOR PERSONNEL ON ACTIVE ADMINISTRATIVE DUTY IN THE UNITED STATES MARITIME SERVICE ON JULY 24, 1947, AND NOT TO EXCEED 60 DAYS FOR PERSONNEL PLACED ON ACTIVE ADMINISTRATIVE DUTY AFTER THAT DATE, UPON SEPARATION BY RELEASE FROM ACTIVE DUTY OR DISENROLLMENT OTHER THAN FOR CAUSE.

"3. DUAL COMPENSATION NOT INVOLVED IN LUMP SUM PAYMENTS. LUMP SUM PAYMENTS OF ACCRUED ANNUAL LEAVE HEREIN AUTHORIZED SHALL NOT BE REGARDED, EXCEPT FOR PURPOSES OF TAXATION, AS SALARY OR COMPENSATION. THEREFORE, IN THE EVENT AN ENROLLEE IS DISENROLLED OR RELEASED FROM ACTIVE DUTY TO ENTER OTHER GOVERNMENT SERVICE UNDER A DIFFERENT LEAVE SYSTEM, LUMP SUM PAYMENTS FOR ACCRUED ANNUAL LEAVE ARE NOT IN CONFLICT WITH STATUTORY REGULATIONS RELATIVE TO DUAL COMPENSATION.'

UNDER ARTICLES 24 AND 1118 OF THE MARITIME SERVICE INSTRUCTIONS, STANDING ALONE, AN ,ADMINISTRATIVE ENROLLEE" UPON RELEASE FROM ACTIVE DUTY OR DISENROLLMENT OTHER THAN FOR CAUSE IS ENTITLED TO A LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED ANNUAL LEAVE AND NEED MAKE NO REFUND OF ANY PART OF SUCH PAYMENT UPON ENTERING OTHER GOVERNMENT SERVICE UNDER A DIFFERENT LEAVE SYSTEM WITHIN THE PERIOD COVERED BY THE LUMP-SUM PAYMENT. HOWEVER, BEFORE IT CAN BE DETERMINED WHETHER LUMP-SUM PAYMENTS FOR ANNUAL LEAVE CAN BE MADE TO THE "ENROLLEES" IN QUESTION, INCIDENT TO THE CHANGE IN THEIR EMPLOYMENT STATUS, CONSIDERATION MUST BE GIVEN TO WHETHER SUCH ENROLLEES COME WITHIN THE PURVIEW OF SECTION 205 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 67 STAT. 138. THAT SECTION PROVIDES AS FOLLOWS:

"/E) IN THE CASE OF TRANSFER OF AN OFFICER OR EMPLOYEE BETWEEN POSITIONS UNDER DIFFERENT LEAVE SYSTEMS (OTHER THAN TRANSFERS INVOLVING POSITIONS EXEMPTED UNDER SECTION 202 (B) (1) (B), (C), AND (H) (, WITHOUT A BREAK IN SERVICE, THE ANNUAL AND SICK LEAVE TO THE CREDIT OF SUCH OFFICER OR EMPLOYEE SHALL BE TRANSFERRED TO HIS CREDIT IN THE EMPLOYING AGENCY ON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE CIVIL SERVICE COMMISSION.'

IT IS EVIDENT THAT IF THE ENROLLEES IN QUESTION DO COME WITHIN THE PURVIEW OF SECTION 205 (E) OF THE 1951 LEAVE ACT AND THERE IS NO BREAK IN SERVICE INCIDENT TO THE CHANGE IN THEIR EMPLOYMENT STATUS, THEY MAY NOT BE PAID A LUMP SUM FOR THEIR ACCUMULATED AND ACCRUED ANNUAL LEAVE. INSTEAD, THE LEAVE TO THEIR CREDIT AS ADMINISTRATIVE ENROLLEES WOULD BE FOR TRANSFER TO THEIR NEW POSITIONS ON AN ADJUSTED BASIS.

SECTION 202 OF THE 1951 LEAVE ACT SPECIFICALLY PROVIDES THAT "EXCEPT AS PROVIDED IN SUBSECTION (B), THIS TITLE (1951 LEAVE ACT) SHALL APPLY TO ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES * * *.' SUBSECTION (B) ENUMERATES A NUMBER OF SPECIFIC CATEGORIES OF CIVILIAN PERSONNEL WHO ARE EXCLUDED FROM COVERAGE OF THE 1951 LEAVE ACT, BUT DOES NOT SPECIFY "ENROLLEES" OF THE MARITIME SERVICE AMONG THE GROUPS EXCLUDED. THUS, IT IS APPARENT THAT THE ISSUE THAT MUST BE RESOLVED, BEFORE YOUR FIRST QUESTION CAN BE ANSWERED, IS WHETHER "ADMINISTRATIVE ENROLLEES" OF THE MARITIME SERVICE ARE "CIVILIAN OFFICERS AND EMPLOYEES" OF THE UNITED STATES WITHIN THE PURVIEW OF THE 1951 LEAVE ACT, AS AMENDED.

THE MARITIME SERVICE IS A "VOLUNTARY" QUASI MILITARY ORGANIZATION ESTABLISHED PURSUANT TO THE AUTHORITY IN SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED. IT IS COMPOSED OF PERSONNEL WHO ARE "ENROLLED" RATHER THAN APPOINTED. SECTION 216 OF THE ACT MAKES NO DISTINCTION BETWEEN "ADMINISTRATIVE ENROLLEES" AND OTHER ENROLLEES. PURSUANT TO LAW (THE ABOVE-CITED SECTION 216 AND SECTION 509 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED BY THE ACT OF MAY 19, 1952) ALL ENROLLEES ARE GIVEN THE RANKS, GRADES, RATINGS, PAY ALLOWANCES AND LEAVE PRESCRIBED FOR PERSONNEL OF THE COAST GUARD. IT IS OBVIOUS FROM THE PROVISIONS OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, AND THE LEGISLATIVE HISTORY THEREOF (SEE PAGE 27, CONFERENCE REPORT ACCOMPANYING H.R. 10315 (HOUSE REPORT NO. 2582, 75TH CONGRESS); PAGE 29, HEARING BEFORE THE COMMITTEE ON COMMERCE AND THE COMMITTEE ON EDUCATION AND LABOR, UNITED STATES SENATE, 75TH CONGRESS, 2D SESSION, ON S. 3078; AND PAGE 2, CONFERENCE REPORT ACCOMPANYING H.R. 6746 (HOUSE REPORT NO. 1372, 76TH CONGRESS) (, WHEN CONSIDERED TOGETHER WITH OTHER STATUTES RELATING TO "ENROLLEES" OF THE MARITIME SERVICE, THAT THE CONGRESS DID NOT CONSIDER "ENROLLEES" TO BE "CIVILIAN OFFICERS AND EMPLOYEES" OF THE UNITED STATES WITHIN THE SCOPE OF GENERAL STATUTES (PAY, LEAVE, ETC.) AFFECTING CIVILIAN OFFICERS AND EMPLOYEES. FOR EXAMPLE, UNDER THE PROVISIONS OF THE ACT OF JUNE 23, 1943, 57 STAT. 162, CIVILIAN EMPLOYEES OF THE GOVERNMENT UPON ENROLLMENT IN THE MARITIME SERVICE WERE ENTITLED TO COMPENSATION FOR EARNED ANNUAL LEAVE, AND UPON DISENROLLMENT THEY WERE ENTITLED TO REEMPLOYMENT BENEFITS, IN THE SAME MANNER AS CIVILIAN EMPLOYEES WHO ENTERED THE ARMED SERVICES. ALSO, UNDER THE ACT OF DECEMBER 21, 1944, 58 STAT. 845 (THE SO-CALLED LUMP-SUM LEAVE ACT), CIVILIAN EMPLOYEES OF THE GOVERNMENT WHO ENROLLED IN THE MARITIME SERVICE AND WHO ELECTED TO BE PAID COMPENSATION FOR LEAVE IN ACCORDANCE WITH THE ABOVE-CITED ACT OF JUNE 23, 1943, WERE ENTITLED TO BE PAID IN A LUMP SUM FOR ACCUMULATED AND ACCRUED LEAVE, THE SAME AS CIVILIAN EMPLOYEES WHO ENTERED THE ARMED SERVICES.

ON THE BASIS OF THE LATTER TWO ACTS IT APPEARS THAT CONGRESS CONSIDERED FEDERAL EMPLOYEES WHO LEFT CIVILIAN POSITIONS TO ENROLL IN THE MARITIME SERVICE TO BE IN THE SAME CATEGORY AS FEDERAL EMPLOYEES WHO LEFT CIVILIAN POSITIONS TO ENTER THE ARMED FORCES. IT IS OBVIOUS THAT THE CONGRESS DID NOT CONSIDER ENROLLEES OF THE MARITIME SERVICE TO BE "CIVILIAN OFFICERS OR EMPLOYEES" OF THE GOVERNMENT, OTHERWISE THEY WOULD NOT HAVE GRANTED TO CIVILIAN EMPLOYEES OF THE GOVERNMENT ENTERING THE MARITIME SERVICE AS ENROLLEES THE BENEFITS GRANTED CIVILIAN EMPLOYEES ENTERING THE ARMED SERVICES.

IN A LETTER DATED OCTOBER 23, 1953, THE ACTING SECRETARY OF COMMERCE REQUESTED OUR DECISION UPON THE QUESTION WHETHER ENROLLEES OF THE MARITIME SERVICE, ASSIGNED TO ADMINISTRATIVE DUTY, ARE SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED. IN RESPONSE THERETO WE HELD IN DECISION OF NOVEMBER 20, 1953, B-117518--- AS INDICATED IN YOUR LETTER--- THAT "SO LONG AS THAT CATEGORY OF PERSONNEL DESIGNATED AS "ENROLLEES ON ACTIVE ADMINISTRATIVE DUTY" ARE GRANTED THE RANKS, GRADES, AND RATINGS PRESCRIBED FOR PERSONNEL OF THE COAST GUARD THERE IS IMPLIED AUTHORITY TO BE FOUND IN THE FIRST SENTENCE OF THE ABOVE QUOTED LANGUAGE OF SECTION 216 UNDER WHICH THE ADMINISTRATOR OF THE MARITIME ADMINISTRATION MAY BY REGULATION PRESCRIBE FOR SUCH PERSONNEL, A LEAVE SYSTEM MORE COMPATIBLE WITH THE APPLICABLE SYSTEM OF PAY AND ALLOWANCES THAN IS THE LEAVE SYSTEM ESTABLISHED BY THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED.' HAD WE CONSIDERED ADMINISTRATIVE ENROLLEES TO HAVE BEEN "CIVILIAN OFFICERS AND EMPLOYEES" OF THE GOVERNMENT, WITHIN THE MEANING OF THAT PHRASE AS USED IN THE ANNUAL AND SICK LEAVE ACT OF 1951, WE WOULD HAVE HELD IN THAT DECISION THAT THE 1951 LEAVE ACT DID APPLY TO SUCH ENROLLEES, SINCE SECTION 202 OF THE ACT SPECIFICALLY PROVIDES THAT THE ACT SHALL APPLY TO "ALL CIVILIAN OFFICERS AND EMPLOYEES" EXCEPT THOSE SPECIFICALLY EXEMPTED BY SUBSECTION (B) OF THE CITED SECTION. ENROLLEES OF THE MARITIME SERVICE WERE NOT SO EXEMPTED. IT IS APPARENT, HOWEVER, THAT HAD CONGRESS CONSIDERED MARITIME SERVICE ENROLLEES TO BE "CIVILIAN OFFICERS AND EMPLOYEES" OF THE GOVERNMENT IT WOULD HAVE EXEMPTED THEM FROM THE PURVIEW OF THE 1951 LEAVE ACT BECAUSE OF THE SPECIAL CIRCUMSTANCES OF THEIR EMPLOYMENT. CF. 34 COMP. GEN. 287. IN OUR DECISION OF MARCH 15, 1950, B-82980, WE HELD THAT INASMUCH AS THE PAY AND ALLOWANCES OF ADMINISTRATIVE ENROLLEES OF THE MARITIME SERVICE WERE FIXED BY REGULATION UNDER SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, ON A QUASI MILITARY BASIS, IT MAY NOT BE CONCLUDED THAT AN ADMINISTRATIVE ENROLLEE IS A "CIVILIAN OFFICER OR EMPLOYEE" OF THE GOVERNMENT WITHIN THE CONTEMPLATION OF THE ACT OF DECEMBER 21, 1944 (LUMP-SUM LEAVE ACT), EVEN THOUGH HE MAY HAVE BEEN ASSIGNED DUTIES WHICH OTHERWISE WOULD HAVE BEEN PERFORMED BY A CIVILIAN EMPLOYEE. CF. B-106692, MAY 29, 1952. NO GOOD REASON IS PERCEIVED WHY A DIFFERENT CONCLUSION SHOULD BE REACHED WITH RESPECT TO WHETHER SUCH ENROLLEES ARE "CIVILIAN OFFICERS AND EMPLOYEES" WITHIN THE PURVIEW OF THE ANNUAL AND SICK LEAVE ACT OF 1951.

FURTHER, IN CONNECTION WITH THE STATUS OF ADMINISTRATIVE ENROLLEES OF THE MARITIME SERVICE, NOTE THE FOLLOWING STATEMENT APPEARING IN A COMMUNICATION FROM THE PRESIDENT OF THE UNITED STATES, DOCUMENT 343, 78TH CONGRESS, 1ST SESSION, TO THE SPEAKER OF THE HOUSE, DATED OCTOBER 25, 1943, REGARDING DRAFT DEFERMENT OF EMPLOYEES OF THE FEDERAL GOVERNMENT:

"THERE ARE, BESIDES, 2,003 UNIFORMED PERSONNEL RUNNING THE WAR SHIPPING ADMINISTRATION (NOW MARITIME COMMISSION) TRAINING ORGANIZATION * * *. THESE MEN ARE NOT REALLY A PART OF THE CIVILIAN ESTABLISHMENT OF THE GOVERNMENT.'

IN VIEW OF THE FOREGOING WE MUST CONCLUDE THAT "ADMINISTRATIVE ENROLLEES" OF THE MARITIME SERVICE ARE NOT "CIVILIAN OFFICERS AND EMPLOYEES" OF THE GOVERNMENT WITHIN THE CONTEMPLATION OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED. HENCE, WHETHER SUCH PERSONS ARE ENTITLED TO A LUMP-SUM PAYMENT FOR ALL OR ANY PART OF THEIR ACCUMULATED AND ACCRUED ANNUAL LEAVE UPON DISENROLLMENT FROM THE MARITIME SERVICE WOULD APPEAR TO BE GOVERNED BY THE U.S. MARITIME SERVICE INSTRUCTIONS PROMULGATED UNDER REGULATIONS ISSUED PURSUANT TO THE IMPLIED AUTHORITY IN SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED.

ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE, MAKING UNNECESSARY ANSWERS TO QUESTIONS 2 AND 3.

THERE IS NO INDICATION EITHER IN THE LANGUAGE OF THE ANNUAL AND SICK LEAVE ACT OF 1951 OR ITS LEGISLATIVE HISTORY THAT THE TERM "EMPLOYMENT" AS USED IN SECTION 203 (I) OF THE ACT WAS INTENDED TO INCLUDE SERVICE RENDERED BY OTHER THAN "CIVILIAN OFFICERS AND EMPLOYEES" OF THE GOVERNMENT. THEREFORE, IN VIEW OF WHAT HAS BEEN SAID ABOVE IN CONSIDERING QUESTION 1, QUESTION 4 MUST BE ANSWERED IN THE NEGATIVE. CF. ANSWER TO QUESTION 7, 31 COMP. GEN. 581.