B-138890 L/M, APR 22, 1959 V. B-138890 L/M

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B-138890 L/M 1 (1959-04-22)

handle is hein.gao/gaobadrjb0001 and id is 1 raw text is:

COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON 25 N

B-138890 125S.

Dea Mr.

On Febrwury 17, 1959, you request review of our Clains
Diviaia's disallowance of your claim for military leave in excess
of 15 calendar day. in the clnder yea 1958.
The record shows m were granted 15 calendar days# ,ilitary
leave frea your civilila position for the period July I through
July 15, 1958. Iou say you began aetive duty under military orders
om Juy 1 and continued in that status through July 23, the first
tour days and the last four daya participating in a Votor convoy to
and f rom the training site In )Ichigam. Apparently, you believe that
tho exception uade*scored in the excerpt quoted below from pfte
(formerly page L-52.02) of the Federal Personnel Mamma should
operate to entitle you to am than 15 calendar days' ziditary leave
for that period of active dutys
9(7) Tiae taken on a work day to travel to
the place where the training is to begin must be
eithir anmal leave or leave without pMy ules
millt orders vwgggs the 26od of tF~T=

The time you spent on motor comy to awd frem yer place of
training w encompassed in your orders and, in fact, your military
leave began with the first day of such travel. However, that section
of the atal cannot have the effect of increasing the dn ber
of days' nilitary leave granted by law. The It,-te S ..C 30r,
grants onl 35 dws' military leare in aw one caleaderf par to an
wploye regardless of the umber of daip he astually speads an
actve daty un*r military order duing that year. Also, the rule
is well established that mitary leave mast be charged on a calendar
rather than vork-day beis, 27 Coup. G.a( k.

Therefore, sinae you were granted 15 days' military leave in the
calendar year 1958, the disae of your claim for additional days
must be sstained.

Very- truy yours,

Comptroller General
of the United States