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B-212851 1 (1984-01-04)

handle is hein.gao/gaobadlmm0001 and id is 1 raw text is: '~p~I) ~2 OECISION FILE: B-212851 THU COMPTROLLER GENERAL OP THU UNITED STATES WASHINGTON. D.C. 20548 DATE: January 4, 1984 1)1' MATTER OF: Charles W. Haas DIGEST: A civilian employee, who is a member of the Army Reserve, may not use annual leave and military leave interchangeably for workdays missed because of performing active duty as a member of the Reserve in order to avoid charge of military leave for nonworkdays. Military leave ordinarily will be used until it is expended then annual leave will be charged. But regardless of how leave is charged an employee cannot avoid charge of military leave for nonworkdays otherwise falling within a period of military leave by having annual leave charged on certain days. This action concerns whether the military and annual leave accounts of Mr. Charles Haas, a civilian employee at the Naval Supply Center, Pearl Harbor, Hawaii, were prop- erly charged from 1980-1982 for periods that he was absent from his civilian position while performing active duty as a member of the Navy Reserve.1 We conclude that both leave accounts were properly charged and no adjustments in the accounts are warranted. Military leave for civilian Federal employees is authorized in subsection 6323(a) of title 5, United States Code. It provides that civilian Federal employees who are members of Reserve units of the Armed Forces accrue 15 days' leave each fiscal year which may be used for days they are ordered to active duty as members of an Armed Forces Reserve unit. Prior to October 1, 1980, this leave accrued on a calendar year basis. However, this was changed with the enactment of Public Law 96-431, Octo- ber 10, 1980, 94 Stat. 1850, which amended 5 U.S.C. S 6323. 1 The request for a decision was made by the commanding officer of the Naval Supply Center, Pearl Harbor, Hawaii, and was forwarded here by letter dated August 23, 1983, from the Office of the Comptroller of the Navy. a,

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