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B-127318 1 (1973-05-01)

handle is hein.gao/gaobaadyc0001 and id is 1 raw text is: COMPTROLLER GENERAL Or THE UNITED STATES VJASH1INGTOtI. D.C. 20540 1273t8 My 1) 1973 fir. Gilbert ii. Dawson Special Disbursing Apent lutuon S Security Agency Port Georgo 0o. IHoada, thryland 2075! Dunr l1r. Dau-sons We refer to your lettor of Janunr; 18, 1973, Goral: Ut1/0005F, by which you requost our dncioion whether H. Joseph Hitola III, an eraployce of the flational Security Agetncy, nay have part of hs absence from duty from June 24 to August 4, 1972, while ho was attending ROTC advanced camp, charged to annual leave rather than leave without pay. You say that fir. litola was not allowed the annual leave available to him during the period hie was participating in 1OTC advanced camp in viet of the decision 4.n 35 Comp. Gon. 531 (1956). You now request our advice as to whether that deciton under which ROTC cadots are denied entitlement to annual loave Wth pay frnm civilian posittonn hilo participating in swuaer cowsp lo still controllins ternce the Dual Com- pencation Act in force at the time that decision uai rendered and which was cited therein as the controlling pro%ieton of law has been ctpcrseded by thli Dual Compensation Act of )04, now 5 U4.C. 5533. MA you iudicrts curront ctatutory provicton do nor. 1 it the componsation which may hu received by an individual holding illitary and civilian off! c a concu- rantly except with reepect to retired ilitary orficnrs as provided in 5 U.S.C. 5532. Thin is so becaune the dual compcnnation provicion of S U.S.C. 5533 not; appliec only to the holdin3 of two civilian positions undor te definttion of )osition as contened ir. 5 U.S.C. 531(2). hlowvor, it Aan Ield in 46 Comp. GCn. 400 (1966) that the enactment of the D;ual Co:apenaottion Act of 1964 did not chnnno the longstanding rule that active ailitary oervice is incompatible With concurritnt Federal civilian service. S oe also 49 Conp. Gen. 444 (1970). On th other hand RUC field training under 10 U.S.C. 2109, ,hich is here Involved, in rnot considered active duty in the armed forces. 43 Comp. Gen, 103, 111 (IS65) See also AUllfsrjo v. j ntjL., 2, 1'. 2d 1324 (Cir. 1.71) in which the Court of Appeals held ttat ROTC field training I anot active rtlitary oorvice. Since field training, performed by RYC cadots is not active military nervice 1ach duty io not ubject to the ineomptfW.lf1ty .lt: au pre.ortly f WoA'rc. 7 CaiV'n r7qJ.n '001r

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