DEAR MR. SHAFFER:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000200030030-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: July 24, 2000
• Sequence Number: 30
• Publication Date: January 9, 1970
• Content Type: LETTER

Approved For Release 2002/06/14: CIA-RDP82-00.357R000200030030-8
COMPTROLLER GENERAL OF Tt1E UNITED STATES
B-1-57h-25
1 ea W. Shaffer :
January 9, 1970
We refer to your letter of November 25, 1969, requetstting ou ? deci.-
isicn in a Witter involving the ho Leave travc1 provisions of 3 U.S.C.
5728(a) and section 7 Of 1 r :ru of the Budget Circular To. A-56, Revieeed,
Ooto% .r 12, 1966.
In -o?i decision of Augu.. t 31, 1963, B-157425,0 we held that r anthe of
overseas service in excess of tbo o roquii?ed under earlier agreements ray
not be applied, to reduce the minii n of 12 x antho service required as a
condition precedent to the alb . o' o c lxc- leave t~ a X41. In arriving
at that coyicluoion e noted that wader 3`~: b~ (third provleo)
(now 5 U. .C. 5728(o)) and t1ve regul tiona con ai.ned in B i au of the
Budget real ar ito. A-5, efa ect the June 1, 1962, an er ployeo, to be en-
titled to round-trip travel :for 1 -ave Purposes, must a Leo to serve carer-
seas not la Ds than 12 ixar&thta b anir f with his rotuxr, or arrival at
hi.... t of dui r cr ho leave. At the tires of that decision I uhaec-
Lion k.lb of Burciau of the Budget Circular No. A-56 expressly provided
that the period of service under the, new a~ : L>crr ,t ?thall.l begin upon the
date of the ernloyee'a return to or arrivzJ. at his post of duty after
leave has been taken,
In. your letter of .Uo-mrbes? 25 you state,,
"There are some circ .7ta des whi-re, in `airnes , to the em-
ployee and to the io~rvrr,s nt,, it scoul.d be desirable to permit
the new } oriod of cervice to begin iarmediately ups, the cone
cl:asion of his approved period of hone leave and upon assi-
nt to a riod of training or temporary duty in the United
Stetcs. For exrample, it may be desirable to send FAA
e iaayve, stationed in Al ka, to a training course in the
United States after co r lstion of hiB hor leave in the
United States wi.'TChout his first retuning to laaska to begin
his new agreed-upon period o. service. -
"If B-157125 is applied, however, then the tin spent by the
employee in tr i.n.in ; could not be okrdited toward his fulfill-
ment of his new a reed-ilpon period of service since that
period would not commence until he returned to his post of
duty outside the continental United. States. * * **
PUEGXSHED DECISION'
49 Comp. Gen.................
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1$7,425..
YOU- 9vint o i that the current:: re .ati.on.m wearing in section 7
of..] ]=au of. the Z3udcot Circular No. A-56, Revised,, October 12,, lam,
M"t alp no provision directly, concek?n1nU the. co nca nt date of a new
period of overseas aervice following horse leave. Zn view thereof you
'ask: whether it now is per iesible for an a ency to provide that the
iced of service under a new per.
agreownt may begin on the date an employee
is aeslgued to training . or ten or&ry duty in the continental United. States
- i. diately .following his how leave rather than on the date the employee.
physical returns to hie overeeae post.
Section 7.1 of Circular No. A-56, Peviaed, Oc ,ober, i2;, 1966, jo
videe, in part,' as f.ollocas :
al)n In order to be eligible to receive
allowances for gavel and tra rsx rtat:l,an expenses &.7 authorized
in this section, an employee prior to depurture -.from his; peat
of duty Outside the continental United States must have;
"c. Satisfac' o i ,, completed sass agreed upon lariod of
service as provided in sub,seetiQn 1.3c 'Subsection l.3c, referred -to above, require that the employee a Sao to
remain in the service of the Governr nt for. 12 monthe followinG the effec-
tive date of his trap efer.r or a} po:.ntir,?nt. Under subsection 1,.2 of Lira
-cul ar No. A-56, . Revised, June 26, ,1969, the "effective data ol:
or, appoi=rt,mxnt" is the date on which employee ra ra~ rs for-duty at tz:~ tat hi
oi'f"i.ci,al atatiara.. %~ttzs to be ta,l..i. ~ s,
r g,ible for home leave travel nAlowances
an e p1oyee rmast complete a rninin of 12 aY)uths of service following the
date on ialhich he arrives at or returns to his oversea.,L poet of duty,
.It follocfa, therefore, that, an z gency May not regard an e geed upon
period of overseas service an conmcn::3.ng on the date an criployee is
assigned to training or ter orary duty in the United States i.ex- lamely
following ht s completion of home leave,
Sincerely yours,
Assistant coo
ptroll.,er COxicral
of the United motes
Honorable J. H. Shaffer
AdMinlBtratorv Federal Aviation Ac3r inistr&Uo
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