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B-232438 1 (1989-02-24)

handle is hein.gao/gaobadnju0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Jerry L. Donathan - Temporary Appointments - Matterof. Entitlement to Military Leave File: B-232438 Date: February 24, 1989 DIGEST An employee, who served under two temporary appointments each of which was for a period of less than 1 year, claims entitlement to military leave. The claim is denied since the military leave statute limits military leave to employees serving under permanent or temporary indefinite appointments. 5 U.S.C. S 6323(a) (1982). Temporary indefinite appointments are those for periods of 1 year or more. DECISION The issue in this decision concerns the entitlement of a civilian employee to military leave where he was employed under temporary appointments of less than 1 year's duration. We hold that military leave is not available to the employee. This decision involves a Department of the Army employee, Mr. Jerry L. Donathan, who was first employed by the McAlester Army Ammunition Plant on May 18, 1987, under a temporary appointment (Summer) not to exceed September 24, 1987.1/ On September 21, 1987, that appointment was extended for an additional period from September 25, 1987, not to exceed September 22, 1988. The Army questions whether Mr. Donathan may accrue and use military leave during this period of temporary appointments. The Army acknowledges that in prior decisions our Office has 1/ The request was submitted by the Director of Finance and Accounting, Department of the Army. 7 / 1- 9 0 S

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