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B-202564 1 (1981-07-31)

handle is hein.gao/gaobadjow0001 and id is 1 raw text is: /i - THE COMPTROLLER GENERAL .ECIS1ON., OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-2 MATTER 0 DIGEST: 02564 DATE: July 31, 1981 F: Mr. Robert Voigt Civilian employee whose regular workweek includes Sunday, may not take military leave under 5 U.S.C. S 6323(a) (1976) to attend weekend Navy Reserve drills since employee, as a member of a Reserve com- ponent of the Armed Forces, is entitled to military leave under section 6323(a) only if he is on active duty under 10 U.S.C. S 270(a) (1976), and drills are inactive duty. This action is in response to a request for an advance decision from the Finance and Accounting Officer, Tooele Army Depot, Tooele, Utah. The request concerns whether Mr. Robert Voigt, an Army civilian employee and a member of the Naval Reserve, is entitled to have his absence from his civilian job during a day designated as a Reserve drill charged to military leave. As is explained below, the answer is no. Mr. Voigt received orders requiring him to report for 12 days of training at the Naval Air Station in San Diego, California, commencing on July 14, 1980, and extending through July 25, 1980. Although the orders indicated that the duty was annual active duty for training, they also stated that the designated travel day was July 11, 1980, and that Mr. Voigt was to receive weekend drill pay for Saturday, July 12, and Sunday, July 13. Mr. Voigt's regular workweek is other than Monday through Friday and both Friday, July 11, and Sunday, July 13, were regular workdays while Saturday, July 12, was a regular non- workday. The records indicate that Mr. Voigt reported to the Naval Air Station on Friday, July 11, and he was granted military leave from work for that day because he was in a military travel status. The issue presented here is whether Mr. Voigt is also entitled to receive military leave for Sunday, July 13, a regular workday for which he was receiving drill pay. Military leave for civilian employees of the Federal Government is authorized by 5 U.S.C. § 6323 (1976), which, during the period in question, stated in part: /?lCia) s iX /o -

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