DEAR MR. GLEASON:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000600250006-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 6
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2000
• Sequence Number: 6
• Publication Date: February 5, 1962
• Content Type: LETTER

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COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON 21
B-147031
ITanortbie J. S. Gleason, Jr.
A&dnistrator, Veterans Administration \
February 5, 1962
hear Mr. Gleason:
On Jam.uaf 9, 1962, you requested that we reconsider our decision
of Septombor 11, 1951, B-1b7031, to you, concerning the entitlmmar '
of certain employees of the Veterans Administration to use the hozao
leavo they had earned while stationed in your Regional Office, at
Manila, Philippines, after their return to the United States when it
was not contemplated that they would return to Manila. it
home leave was authorized United States citizens emnln;,ed i
your Manila office by the act of July 28, 195'9, 73 Stat: 26 i (Public
Law 86.116) which amended Title 38 U. S. Code by the addition of
section 235. Subsection (b) of that section provident
11(b) Personnel of the Veterans' Administration
who are United States citizons 'and are assigned to
the fopublio of the 1'hilippinc;s by the Administrator
of Vatoranst Affairs may be granted leaves of absence
in the United States, by tho Administrator of Veteranst
the Annual and Sick 191.5.C. 461(f)).,,
Your question involves home leave earned under that revision
of law and not home leave earners for ? hat - revision road been super-
i
sedod by scot ion _Of thi ersea:~ f'earontials an own cos
Act, _ i"E:? 1CT tiT - 0 w ich, in iar Gn t PUFct
ction 203 f jt oTxc annual and Sick Leave dot a 13512
-d 7
aman cc se
exx,er .x ma ve
1 & C 2-(f), to
U. a. .
65 Stet: _5 ,
to overseas employees of all dc_partri nt. and agencies covered by
that act under regulations of the A residont.
Under the authority of the act of July 23, 1959, the former
Administrator issued regulaLions which allowed employees to use
the horrio leave they had accumulated overseas upon their return to
the United States for further assignmont %rith the Veterans Admini.s-
trniion even though they wct o not, to return to Manila. Our eiocision
of September 11;. hold that 'rogulation to be invalid so far as it so
authorized employees to use home 1enve. Your contend that each.
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i3-1147o1
regulation was within the scope of the regulatory authority /;ranted
the administrator in the act of July 28, 1959, since that act r quirod
only that the home leave granted be bimi3,ar to that provided by sec-
tion 203(f) of the Annual and Sick Leavo Act of 1951, which act, you
sa,,y, does not restrict the use of home leave to employeoa who are to
return overseas.
The question, then, is whether home leave which may be used by
an employee after a tour of overseas service without regard to furthor
overseas'assigm1-nent is similar to the home leave provided by section
29(f) of 'the 1951 act. + on July ?2t3, 199 sQat'~ on Pn ?
n(f) Officers and enployeas in the Foreign Service
of theUxni.tedstaisunarta ej, men St-atomy
be granted leave of absence, without regard to any other
leave provided by this chapter, for use in the United
States, its Territories or possessions, at a rate
equivalent to one week for each four months of service
outside the several States and the District of Columbia.
Such leave may be accumulated for future use without
rogard to the limitation in subsection (o) of this sec
tion but no such leave which is not used shall be made
the basis for any terminal leave or lump-sum p,,A;rmont. rr
Al ough that previsio pro - -ho ant
of 1omo leavo ?o roturninZ employees who are not schadulod for another
tour of duuy ovor~t~as ors of that act and the
loris at vo histories of oche osl.ing_~c th home, leave clearly
e
c-
limit id purpose for which home leave is granted. In that conn
.. -_ , n
rr ~ti__ eta el.
of
on S 332, &2d Congress, which was the basis for thee7tTuau -a lk
Leave Act of 1951, enacted as Title 11 of S. 1016, 82d Congress
(Public Law 233) s
"Paragraph (f) provides for home have for em-
ployees of the Foreign Service at the rate ,of 1 week
for each 4 months of service abroad. This allowance
may be accumulated for future uses but it is not
to ba the basis for terminal leave or lump-sun pay
mont. The cortrIittc int~,,? :~ that_g;1o ~~nco
under this provision qt ?:, ~~:,c~d or
betweertr concecu ` Iris'
in as a urLher that culZ y z~ -ion of this concept
on 1a part or -any employee in the Foreign Service
should result in requiring a refund of the full
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;cunt of salary received by such em; loyoo for the tan-
t: re period of ouch loavo i properly nand. Via.. aor i mtee
c. ,