R 171545Z MAR 10

ALCOAST 118/10
COMDTNOTE 12630
SUBJ: COAST GUARD POLICY GUIDANCE IMPLEMENTING THE DEPARTMENT OF
JUSTICE (DOJ) OFFICE OF LEGAL COUNCIL (OLC) OPINION AND OFFICE OF
PERSONNEL MANAGEMENT (OPM) IMPLEMENTATION GUIDANCE ON CREDIT FOR
MILITARY SERVICE FOR LEAVE ACCRUAL PURPOSES WHILE ON TERMINAL LEAVE
A.  THE DEPARTMENT OF JUSTICE (DOJ) OFFICE OF LEGAL COUNCIL (OLC)
OPINION MEMORANDUM TO GENERAL COUNSEL, DOD, DATED 16 OCTOBER 2007
B.  OFFICE OF PERSONNEL GUIDANCE ON IMPLEMENTING  OFFICE OF LEGAL
COUNCIL (OLC) OPINION
C.  ANNUAL LEAVE, ACCRUAL, 5 U.S.CODE 6303
D.  CLAIMS FOR OVERPAYMENT OF PAY AND ALLOWANCES, 5 U.S.CODE 5584
1.  THIS ALCOAST PROVIDES UPDATED INFORMATION AND IMPLEMENTING
POLICY GUIDANCE FOR EMPLOYEES WHO WERE HIRED INTO COAST GUARD
CIVILIAN POSITIONS WHILE IN A TERMINAL LEAVE STATUS DURING THEIR
MILITARY SERVICE.
2.  THE DEPARTMENT OF DEFENSE (DOD) REQUESTED AN OPINION FROM THE
DEPARTMENT OF JUSTICE (DOJ) OFFICE OF LEGAL COUNSEL (OLC) ON
CREDITING MILITARY SERVICE FOR LEAVE ACCRUAL PURPOSES WHILE ON
TERMINAL LEAVE.  THE OLC OPINION (REFERENCE A) CONCLUDED THAT
CIVILIAN EMPLOYEES HIRED PRIOR TO 17 OCTOBER 2006 WHILE ON TERMINAL
MILITARY LEAVE ARE ENTITLED TO RECEIVE CREDIT FOR THEIR YEARS OF
ACTIVE MILITARY SERVICE FOR THE DURATION OF THE TERMINAL LEAVE
PERIOD ONLY.  REFERENCE A MAY BE FOUND AT THE FOLLOWING LINK:
HTTP://WWW.USCG.MIL/CIVILIANHR/BENEFITS/DOCS/TERMLVOPINION.PDF
3.  THE OFFICE OF PERSONNEL MANAGEMENT (OPM) CONCURS WITH THE
OFFICE OF LEGAL COUNCIL(OLC) OPINION AND HAS PROVIDED AGENCIES WITH
IMPLEMENTATION GUIDANCE (REFERENCE B).
4.  FOR EMPLOYEES AFFECTED BY THIS OPINION, THE FOLLOWING ACTIONS
WILL TAKE PLACE:
 A.  EMPLOYEES ENTITLED TO ADDITIONAL ANNUAL LEAVE: AN EMPLOYEE WHO
WAS HIRED WHILE ON TERMINAL LEAVE PRIOR TO 17 OCTOBER 2006 WILL
HAVE THEIR LEAVE ACCRUAL RATE ADJUSTED TO CREDIT THEIR YEARS OF
ACTIVE DUTY SERVICE.  THIS ENHANCED LEAVE ACCRUAL RATE WILL BE FOR
THE PERIOD OF TERMINAL LEAVE ONLY.  WHEN THE TERMINAL LEAVE PERIOD
ENDS AND THE EMPLOYEE RETIRES FROM THE UNIFORMED SERVICE, HE/SHE
WILL NO LONGER BE ENTITLED TO RECEIVE CREDIT FOR THEIR YEARS OF
ACTIVE MILITARY SERVICE UNLESS THEY SATISFY CERTAIN STATUTORY
EXCEPTIONS DETAILED IN 5 U.S.C. 6303(A) OR (E) WHICH LIMIT THE
CIRCUMSTANCES UNDER WHICH A MILITARY RETIREE MAY ACCRUE A HIGHER
LEVEL OF ANNUAL LEAVE.  THE EMPLOYEES LEAVE-ACCRUAL RATE WILL BE
RECALCULATED UPON RETIREMENT TO REFLECT THE REDUCED YEARS OF
CREDITABLE SERVICE.
 B.  EMPLOYEES WHO RECEIVED EXCESS ANNUAL LEAVE ACCRUAL: AN
EMPLOYEE WHO WAS HIRED WHILE ON TERMINAL LEAVE PRIOR TO 17 OCTOBER
2006, RECEIVED EXCESS ANNUAL LEAVE ACCRUAL FOR MILITARY SERVICE BUT
DID NOT HAVE THEIR LEAVE ACCRUAL RATES READJUSTED AFTER RETIREMENT
FROM MILITARY SERVICE, WILL HAVE THEIR LEAVE ACCRUAL RATE CORRECTED
TO REFLECT THE PROPER RATE AS REQUIRED UNDER 5 U.S.C. 6303(A) AND
REFERENCE B. (HTTP://WWW.OPM.GOV/OCA/COMPMEMO/2009/2009-03-
ATTACHMENT2.ASP).  AN EMPLOYEE WHO HAS RECEIVED EXCESS LEAVE BUT
DID NOT HAVE THEIR LEAVE ACCRUAL RATES READJUSTED AFTER RETIREMENT
IS ELIGIBLE FOR WAIVER OF RECOVERY OF THE EXCESS LEAVE UNDER THE
AUTHORITY OF 5 U.S.C 5584.  SUCH AN EMPLOYEE MAY REQUEST A WAIVER
VIA E-MAIL MESSAGE TO MR. RON COLEMAN AT RONALD.B.COLEMAN(AT)
USCG.MIL.  WHETHER AN EMPLOYEE REQUESTS A WAIVER OR NOT, THE COAST
GUARD IS REQUIRED TO CORRECT THEIR LEAVE ACCRUAL RATE.  UNDER THESE
CIRCUMSTANCES AND TERMS, WAIVER OF RECOVERY OF EXCESS LEAVE FROM
EMPLOYEES POSITIVE LEAVE BALANCES WOULD BE A SPECIAL EXCEPTION TO
THE USUAL REQUIREMENTS AND WOULD NOT BECOME STANDARD PRACTICE FOR
FUTURE CORRECTIVE ACTIONS (I.E., FOR WAIVER OF CLAIMS FOR
ERRONEOUSLY ACCRUED LEAVE WHICH ARE UNRELATED TO RECOVERY OF EXCESS
LEAVE GENERATED BY COMPLIANCE WITH THE REQUIREMENTS OF THE OFFICE
OF LEGAL COUNCIL(OLC) OPINION).
5.  REGARDING EMPLOYEES WHO ENTERED CIVILIAN SERVICE AFTER 16
OCTOBER 2006, THE OFFICE OF LEGAL COUNCIL(OLC) DETERMINED THE LEAVE
ACCRUAL RATE FOR THESE EMPLOYEES WILL BE GOVERNED BY THE PROVISIONS
OF 5 USC 6303(A) OR (E) EXCLUSIVELY.
6.  ADJUSTMENTS TO LEAVE ACCRUAL RATES WILL BE DONE BY THE OFFICE
OF CIVILIAN PERSONNEL (COMMANDANT CG-121) BY APPROXIMATELY 4 JUNE
2010.  EMPLOYEES WILL BE CONTACTED IF DOCUMENTATION IS NEEDED.
QUESTIONS MAY BE DIRECTED TO YOUR SERVICING COMMAND STAFF ADVISOR
OR HUMAN RESOURCES SPECIALIST.
7.  CURTIS B. ODOM, DIRECTOR OF PERSONNEL MANAGEMENT, SENDS.
8.  INTERNET RELEASE AUTHORIZED.