DEAR MR. MOTIS:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000200030022-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: July 24, 2000
• Sequence Number: 22
• Publication Date: July 29, 1966
• Content Type: LETTER

,
D-15)334
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*ISi1u1 eio
COMPTROLLER GENERAL OF THE UNITED STATES'.
21r. inrIcnOZ",i2
:30X 55
Lay-vale., rorth Laketa ;2257
Dear .7,L*4 Eotis:
WASHINGTON. D.C. 20540
July 294, 1966
We refer to you:: letter .of 1.,L,;,.y 25, 1955, concerninP: your entitlement -
- to a cramt of home leave and transportation back to the United Otates for
leave 7)urnoses.as on omnloyee of-the Federal Aviation Acency, Wahe Isaand.
_
Zn the consideration of your nroblen it vas necessary to oszain erom
the.7efora1 Aviatioa Aaency farther inform;,,,tion as to the conditions zar-
rowi&Ln your emnloyment. T4at report now has been received.
',;:e understand frau the\rocord that you terminated your forLIer
meat ;31s-a. school_toacher u-ith the Trust Territory of the Paciic Islands
byresicmation effective July 16, 1955. "_='rier to yottr resi,:natiea you
aeat:V had received the Federal Aviation A6eneY?z =sae of j',2all 6,
1965; infoa:-.1in,,,; you of your tentative selection as a school teacher at
Wae Island si,foject tp a preeloyLent chech. We understand that you did
not :.:\:=1V,a? Di10:: to your resicaatioa and der,exture from the Trl,s.st
Territory, the A3ency's letter of the r.;ara.3 @to sur,oztin5 that you not
terminate your em:oloyment with the Trust Territo4y Govern=ent until imfe=ed
of a 21= offer fra4 the A3ency. Ilovever, sea2inly for nerzonal reasons
you resic,lled from your position and departed for the continental United
States, havia': received a lzxn.la-m2 payment for so much of your accn4alated
and accrued annual leave as was subject to s:;.oh nayment. While you coz-
=nicated vith Azency officials at Honolulu an route to the mainland, United
States, your apnointment vit:-.4 the Agency as a school teacher at TZ,':ite Island
v_vo not effected until Auzuot 27, 1955, uhen you vere in the centi-uo,,-
43 states, and thus there occurred a braa in your overseas service.
on been infored *ohne still in the Trust r2erritery, in rosnonse
to yo'nr query of Ley 19,--19b5? that the school terlubc:an in f:eni;em:ser and
ended in June, Also, in resnomso to yo= qaestionuhether you wonLs7 be
entitled to home leave after one year, the A,sency replied--
?
"As mentioned on pace 15 of the Wahe brochure, here leave
may be used only after completim3 24 msath.,; of continuous over-
seas service and upon a certification by the sutervisor that
the em7lloye vill return to an overseas assicament,''
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void
B-19334
The efforts of the Federal Aviation Agency to arrange for your transfer
fro:a the T.rust Territory effective August 15., were unsucces.-4u1 because of
your earlier resignation fronth(. latter post? and since you.returned to the
mainland after your tour in the Trust Territory your e:aoloyment with the -
'.2edera1 Aviation Agency could only be incident to your ap-zintnont for L;C:C..
ViC0 eL/ Vaho Ioland and without rogara tO your TO=0? 06wviou ia tho lirt134
QeITItory.
The agreement with the ?lbderal Aviation A3ency as far as
transportation
expenses were concerned called for 22 months of continuous service at Wake
Island which, excluding the summer months and beginning effective with your
arrival at Wake Island on or a'aout August 31, 1965, would terminate near
school midte= 1967-1963, a period in 'which your release for leave could no
readily be arranged. We are informed, however, by the *47ederal Aviation
Agency as-follows:
"We should note '11.ra that his travel entitlement will occur
at the end of the next school year, epl)roxirea.tely in early Juno
1967. This is because the Ascs,acy., based on our, rec;uest, airovedD
a change in duty tours of teachers. Specifically, the teachers'
atandard tour is 21 mouths and 2 weeks. 201?eat tours of 20 months
may now be Pproved; whereas single and final tours must be
21 months and 2 weeks."
As you apparently are.avare transportation at Government expense for
leave purposes is based upon section 7 of the Administrative Expenses Act of
1946.? as amended, 5 U.S.C. 73b-3?'third proviso, which reads in part as
follows:
Provided f-orther, That expenses of round tri) travel
of employee and transporta,;ien of imiLadiate foz,m;_rr but excluding
household effects, from their posts of duty outside the continental
-,5nited States to the places of actual residence at time of apnoint-
1-sont or transfer to such overseas posts of duty, shall he allowed
in the case of persons_ who have satisfactorily completed an agreed
period of service overseas and are returning to their actual place
of residence for the purpose of taking leave nrior to serving an-
other tour of duty at the sane or some other overseas post, under
a new written agreement entered into before departing from the
overseas post * *
.
your service agreement is within the scone of the statute and as modi- .
fied by the Agency would appear to establish your eligibility for transporta-
tion for leave purposes (other than a grant of home leave as ?indicated below)
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in Juno 1967 rather than June 1963.
A &ralyf 1,c,e_lcave as distinPuished frans-oortation_t__Covera-
116 ex-pease for leavo pur--)oses is autLorized by so_qioll_20a,/:_a_Jof the
Annual and Sick Leave-Act of 1951, 5 u.s.C. 2062M which reads in part as
follows:
"Upon completion of twenty-four months of continuous service
outside the Unite',.; States, officers and employees may be granted,
in accordance with regulations of the President, leave of absence
at a rate not to e:cceed one week for each four months of such
service 'without regard to any other leave provided by this chapter,
for use in the United States, or,, if their respective places of
residence aro outside the area of employment, in the Commonwealth
of Puerto Rico or the possessions of the United States. * * *"
Section 630,606(a) of the Civil Service Carntissioa's Regulatioas issued
under the above-quoted language reads:
"Except
as otherwise authorized by statute, an employee is
entitled to home leave only when he has completed a basic service
period of 24 months of coatinuous service abroad. This basic
service period is terminated by (1) a break in service of one or
more workdays, or' (2) an assignrxent (other than a detail) to a
position in which-an employee is-no Itingor subject to sec-
tion 203(f) of the act."
Since
was in fact a 'brca a service 1.-ameciately -orior to your em
letinP: 2L , moaL,ns foJ. continuous service overseas there
oyment with the
red-e-vul Aviation Arrenc
it apoars you could not be credited with the period
of you served with the Trust .i:erro as co
service with -th-I'ederalAviation-Acy to complete such 24 months. Before
beE1e for a grant of hole leave you would have to complete a 'new
-erioa of 24 months of cont i, o-erqas beian_la with your ser-
vice win tne --a Aviati r 'which service we understand
ann. aleve and 2 weeks of_le_L7E-11.,:iii;:aout-pay du.Tdagt'e s'orytr.,er period-it
creditable.
-nermi
111191.11msw..-
A.coriy of this letter is being transmitted to Senator Milton Young
Vac' has evinced an interest in your case.
. Very truly yours,,
I-W.1a H. WM/Mi.
Assistant Comptroller General
of. the United States
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