B-60555, OCTOBER 14, 1946, 26 COMP. GEN. 256

B-60555, OCTOBER 14, 1946, 26 COMP. GEN. 256

LEAVES OF ABSENCE - MILITARY - MEMBERS OF ENLISTED RESERVE CORPS AND AIR CORPS RESERVE IN THE ABSENCE OF STATUTORY AUTHORITY, CIVILIAN EMPLOYEES WHO ARE MEMBERS OF THE ENLISTED RESERVE CORPS MAY NOT BE GRANTED LEAVE OF ABSENCE WITH PAY FROM THEIR CIVIL POSITIONS FOR THE PURPOSE OF MILITARY TRAINING. CIVILIAN EMPLOYEES WHO ARE MEMBERS OF THE AIR CORPS RESERVE (A COMPONENT OF THE OFFICERS' RESERVE CORPS, AS DISTINGUISHED FROM THE AIR CORPS ENLISTED RESERVE (A COMPONENT OF THE ENLISTED RESERVE CORPS), ARE ENTITLED TO LEAVE OF ABSENCE FROM THEIR CIVIL POSITIONS WITHOUT LOSS OF PAY WHEN ORDERED TO DUTY FOR TRAINING OR INSTRUCTIONS, FOR NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR, AS PROVIDED BY THE ACT OF MAY 12, 1917, IN THE CASE OF CIVILIAN EMPLOYEES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, OCTOBER 14, 1946:

I HAVE YOUR LETTER OF SEPTEMBER 7, 1946 (FILE JAG:II:WG:MH P18 1/QR), AS FOLLOWS:

THERE IS FORWARDED HEREWITH FOR YOUR CONSIDERATION A LETTER FROM THE SUPPLY OFFICER IN COMMAND, NAVAL SUPPLY DEPOT, MECHANICSBURG, PENNSYLVANIA, DATED AUGUST 19, 1946, WITH ACCOMPANYING ENDORSEMENT, RELATIVE TO THE RIGHT OF MEMBERS OF THE ENLISTED RESERVE CORPS ( ARMY) AND THE AIR CORPS RESERVE ( ARMY) TO MILITARY LEAVE OF ABSENCE FROM THEIR FEDERAL CIVILIAN POSITIONS.

YOUR DECISION IS REQUESTED AS TO WHETHER CIVILIAN EMPLOYEES OF THE NAVY DEPARTMENT AND ITS FIELD SERVICES WHO ARE MEMBERS OF THE ENLISTED RESERVE CORPS ( ARMY) OR THE AIR CORPS RESERVE ( ARMY) ARE ENTITLED TO LEAVE OF ABSENCE FROM THEIR CIVILIAN POSITIONS WITH PAY CONCURRENTLY WITH RECEIPT OF PAY AND ALLOWANCES OF THEIR GRADE OR RANK FOR THE PERIOD NOT IN EXCESS OF FIFTEEN DAYS PER ANNUM DURING WHICH THEY ARE UNDERGOING TRAINING IN THE AFORESAID MILITARY ORGANIZATIONS.

THE ONLY STATUTES AUTHORIZING MILITARY LEAVE OF ABSENCE WITH PAY TO CIVILIAN EMPLOYEES OF THE UNITED STATES APPEAR TO BE THE ACTS OF JUNE 3, 1916, 39 STAT. 203, APPLICABLE TO MEMBERS OF THE NATIONAL GUARD, THE ACT OF MAY 12, 1917, 40 STAT. 72, APPLICABLE TO MEMBERS OF THE OFFICERS' RESERVE CORPS, AND SECTION 9 OF THE ACT OF JUNE 25, 1938, 52 STAT. 1177, APPLICABLE TO MEMBERS OF THE NAVAL RESERVE. THEREFORE, MEMBERS OF THE ENLISTED RESERVE CORPS MAY NOT BE GRANTED MILITARY LEAVE OF ABSENCE FROM CIVILIAN POSITIONS HELD BY THEM, FOR THE PURPOSE OF MILITARY TRAINING. CF. 23 COMP. GEN. 916; 15 ID. 248.

ON THE OTHER HAND, WITH RESPECT TO THE OFFICERS' RESERVE CORPS, THE REFERRED-TO ACT OF MAY 12, 1917, 40 STAT. 72, PROVIDES:

PROVIDED FURTHER, THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE OFFICERS' RESERVE CORPS 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 ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

ACCORDINGLY, THE CIVILIAN EMPLOYEES INVOLVED WHO ARE MEMBERS OF THE AIR CORPS RESERVE (WHICH IS A COMPONENT OF THE OFFICERS' RESERVE CORPS- - ARMY REGULATIONS 140-S, PARAGRAPH 6), AS DISTINGUISHED FROM THE AIR CORPS ENLISTED RESERVE (WHICH IS A COMPONENT OF THE ENLISTED RESERVE CORPS--- ARMY REGULATIONS 150-S, PARAGRAPH 3), ARE ENTITLED UNDER THE ABOVE ACT TO "LEAVE OF ABSENCE" FROM THEIR CIVILIAN POSITIONS WITHOUT LOSS OF PAY WHEN ORDERED TO DUTY FOR TRAINING OR FOR INSTRUCTIONS FOR A PERIOD NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR. SEE 18 COMP. GEN. 236.