Document Type: 
Document Number (FOIA) /ESDN (CREST): 
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Document Creation Date: 
December 9, 2016
Document Release Date: 
August 24, 2000
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Case Number: 
Publication Date: 
February 5, 1962
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PDF icon CIA-RDP81-00314R000600250006-8.pdf363.88 KB
Approved=.F.,r rRelease 2001/09/03: CIA-RDP81-0&V4R0Q 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. Approved For Release 2001/09/03 : CIA-RDP81?-00314R000600250006-8 Approved For Relse 2001/09/03: CIA-RDP81-00314R0Q&00250006-8 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 Approved, For Release 2001/09/03 : ,CIA-RDP81-00314R00060025b006-8 Approved For Relaa'se 2001/09/03: CIA-RDP81-00314ROQpi60-0250006-8 ;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. ,