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B-1113, FEBRUARY 11, 1939, 18 COMP. GEN. 653

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Highlights

IS AS FOLLOWS: REFERENCE IS MADE TO YOUR DECISION DATED JULY 28. IN WHICH IT IS HELD THAT IN THE APPLICATION OF THE PROVISIONS OF SECTION 9 OF THE ANNUAL LEAVE REGULATIONS. A CIVILIAN EMPLOYEE WHO WAS FURLOUGHED WITHOUT PAY TO PERMIT OF HIS ASSIGNMENT AS A RESERVE OFFICER TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS. THE QUESTION ARISES AS TO WHETHER THE RULE STATED IS ALSO APPLICABLE TO CASES IN WHICH THE CIRCUMSTANCES ARE AS FOLLOWS: FROM TIME TO TIME CIVILIAN EMPLOYEES OF THIS DEPARTMENT ARE ORDERED TO ACTIVE DUTY FOR THE PURPOSE OF RECEIVING INSTRUCTIONS AT OFFICERS' TRAINING SCHOOLS. THESE ASSIGNMENTS ARE FOR DEFINITE PERIODS OF TIME. AS THE PAY IS PRACTICALLY ALWAYS IN EXCESS OF $2.

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