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B-201706 1 (1981-03-17)

handle is hein.gao/gaobadjfg0001 and id is 1 raw text is: 1D4~ 7f* F ILE: D- Il MATTER OF: DIGEST: 1. %E 3L Q 0 ST MPTROLLER GENERAL .OF THE UNITED STATES WASHINGTON. 0. C. 20548 x~~~ ..,1,4,'r/ i'c '6 DATE: March 17, 1981 Leave Settlements - Public Health Service Commissioned Corps Although Federal agencies must act within the authority granted to them by statute in issuing regulations, as a general rule published regulations are deemed to be within an agency's statutory authority and consistent with Congressional intent unless shown to be arbitrary or incon- sistent with the statutory purpose, since the construction of a statute by those charged with its execution is to be followed unless there are compelling indications that it is wrong, especially when the Congress has not altered that administrative construction in later amendments to the statute. 2. Although the Public Health Service (PHS) Commissioned Corps is a uniformed service it is not an Armed Force, and while the legislative history of the statutes pertaining to the leave system of the PHS Commissioned Corps indicates that Congress intended to confer upon PHS officers substantially the same leave benefits as provided for members of the Armed Forces, many significant and obvious differences exist between those leave systems; hence, current statutes derived from the Armed Forces Leave Act of 1946 are not for application in PHS leave cases where the different statutory provisions require a different result. 3. Under a statutory proviso enacted in 1950 granting a Public Health Service (PHS) officer a final settlement for unused accrued annual leave upon his separation from active duty if his application for (that) leave is approved by the Surgeon General, PHS has long required a PHS officer who breaches his active duty commitment to be divested of leave. ~0

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