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B-227222 1 (1987-11-05)

handle is hein.gao/gaobadmxe0001 and id is 1 raw text is: VThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Galen Rex Quinn - Accrual of Military Leave File: B-227222 Date: November 5, 1987 DIGEST A civilian Federal employee, who is a member of the reserves, is entitled to accrue and carry over 15 days of military leave each fiscal year in spite of the fact that he did not request such leave and regardless of whether he was a member of an active or inactive reserve unit. The military leave statute, 5 U.S.C. § 6323 (1982), makes no distinction for accrual purposes between the employee's participation in an active or inactive reserve unit. DECISION The Associate Regional Director, United States Department of the Interior, National Park Service, Southeast Regional Office, requests a decision concerning an employee's right to accrue and carry over 15 days of unused military leave. For the reasons that follow, we hold that the employee is entitled to accrue and carry over such leave. BACKGROUND Mr. Galen Rex Quinn is a civilian employee of the National Park Service, Cape Lookout National Seashore, Beaufort, North Carolina. Mr. Quinn signed a Ready Reserve Service Agreement on January 30, 1984, and agreed to serve in the United States Marine Corps Individual Ready Reserve at the rank of Captain.I/ Mr. Quinn did not use any military leave in fiscal years T984 and 1985, and he maintains that under the provisions of 5 U.S.C. § 6323 (1982), he was entitled to accrue and carry over 15 days of military leave each fiscal year, not to exceed 30 days of military leave. Mr. Quinn used 15 days military leave in fiscal year 1986, and he requested that an additional 15 days military leave be 1/ Mr. Quinn transferred to the National Guard in 1986; however, this fact is not relevant to our determination.

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