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B-208706 1 (1983-08-31)

handle is hein.gao/gaobadlhd0001 and id is 1 raw text is: THE COMPTROLLER OENERAL 6ECISION ..OF THE UNITEO STATES ~1iJAWASHINGTON, D.C. 20548 FILE: B-208706 DATE: August 31, 1981 MATTER OF: Federal Bureau of Investigation - Military Leave - Active Standby Reserve Elective Training DIGEST: Special Agents of the FBI who have been designated Key Federal Employees and are members of the Standby Reserve are entitled to military leave under 5 U.S.C. S 6323(a) when they are on active duty for training. The employees may not use or be charged annual leave for such duty unless the period of active duty for training exceeds the military leave available to the employee. L. Clyde Groover, Jr., Assistant Director, Administrative Services Division, Federal Bureau of Investigation (FBI), has requested our opinion as to whether the FBI can authorize its Special Agents to participate in elective Standby Reserve training, while denying the use of military leave. For the reasons discussed below, the employees involved are entitled to military leave for the time spent while on elective active duty for training in accordance with 5 U.S.C. § 6323(a). Also, FBI Special Agents may not be permitted to use annual leave, if they are entitled to use military leave, subject to the limitations discussed below. BACKGROUND The FBI currently prohibits the participation of its Special Agents in the Ready Reserve in accordance with Department of Defense Directive 1200.7, November 28, 1978. All FBI Special Agent personnel have been designated as Key Federal Employees, and, therefore, are prohibited from being members of the Ready Reserve. Special Agents, as Key Federal Employees may participate in the Standby Reserve to maintain their equity in the Reserve system. The Standby Reserve is composed of

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