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B-205972 1 (1982-05-25)

handle is hein.gao/gaobadkia0001 and id is 1 raw text is: a o:,; T&W 0CDMPAv1flOLL.UiFn-CIEN~riMA(1. DFCIION - 01 Hi UNITE D 3'rAT En '~WASHNUOCNoD,C, ROV4U FtLE: B-205972 DATE; Nay 25, 1982 MATTEl OF: Rodgers D. O'Neill - Entitlement to Military Leave Prior to Appointment DIGEiSr Because an appointment tW! the cAvil service is effective only after the appointee has accepted the appoint- ment and actually entered on duty, an appointee who has not entered on duty is not an emPloyee as defined in 5 U.s.c9 5 2105 and, therefore, is not entitled to mtilitary leave under 5 U.S.C. 5 6323. The Principal Deputy Assistant Secretary (Manpower and Reserve Affairs), Department of the Army, requests a decision concerning the entitlement of Mr. Rodgers D. O'Neill to military leave. The issue is whether a new appointee is entitled to military leave when he is calle i to active duty in the Reserves prior to his en- trgrh.e on duty for the civilian position. , he appointee is not entitled to military leave because tha civilian appointment had not yet become effective at the time of his ;all to active duty. MLr. Rodveru D, O'Neill, a civilian, was selected by the Civilian Personnel office, Fort McCoy, Sparta, Wisconsin, for a position as an Army Reserve Technician, Fairborn. Ohio. A prey:equisite for appointment to the position was membership in a U. S. Army Active Rescrve unit. Accordingly,,,Mr. O'Neill enlisted in such a ;nit on June 29, 1980, and furnished a ct.py of the enlistmont order4 to Fort MrCoy. The Civilian Personnel Office at Fort McCoy notlfied him to report for duty on July 13, 1980, but, for personal reasons, he requested a change in his reporting date to July 27, 1980. On July 26, 2980, Mr. O'Neill was ordered to activ0 duty for training with his Reserve unit, Prior to this, on June 26,' 1980, he had signed an Appointment Affidavit, Standard Form 61 (SF 61). Both the Appointment Affidavit and the Standard Form 50, Notification of PersonneZ Action indicated that the effecLive date of the appointment was August 10, 1980. Mr. O'Neill remained on active duty until August 9, and reported for duty for thc' civilianposition on August 10. I

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