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B-231760 1 (1989-02-17)

handle is hein.gao/gaobadnjy0001 and id is 1 raw text is: The Comptroller General of the United States Wahhatova D.C. 20648 Decision VA Employees - Military Duty to Assist in Fighting Matter of: Forest Fires File: B-231760 Date: February 17, 1989 DIGEST Federal employees who were members of the California National Guard were called to perform full time emergency duty to help in the effort to fight forest fires. The request for military leave under 5 U.S.C. S 6323(b)'(1982) is denied since they were not called to provide military aid to enforce the law. DECISION This decision is in response to a request from the Adminis- trator of the Veterans Administration (VA). The question asked is whether VA employees who were called to perform military duty as members of the California Army National Guard during the 1987 forest fire emergency in that state are entitled to military leave under 5 U.S.C. S 6323(b) (1982). We conclude that they are not entitled to such leave, for the following reasons. BACKGROUND In September 1987, VA employees in California who were members of the California Army National Guard received orders to perform temporary military duty for firefighting purposes, but not as firefighters. Their role was to provide logistical support to the various fire crews, in that they were to provide transportation, conduct feeding operations, and where required, provide life support for those crews. At the outset, the VA employees called to duty were charged annual leave during their absence from their civilian positions. They now seek to have that absence charged to military leave under 5 U.S.C. S 6323(b) (1982). The State Judge Advocate, Office of the Adjutant General, State of California, has supported their request and expressed the S4/1-3 /0L,

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