Stennis, 071477 MSAGO, 1977-0038

• Case Date: July 14, 1977
• Court: Mississippi

Colonel John H. Stennis No. 1977-0038 Mississippi Attorney General Opinions July 14, 1977          Colonel John H. Stennis          Judge Advocate          Headquarters, Mississippi ANG          Post Office Box 5027          Jackson, Mississippi 39216          National Guard - Leave For State Employees           Dear Colonel Stennis:          Attorney General Summer is in receipt of your letter of 22 June, 1977 and has assigned it to me for research and reply.          Your letter had five enclosures for our review. One, a copy of a letter of 15 May 1977, from James A. Parker, Jr., Captain, Mississippi ANG to Mr. Carl Butler, Jr., Personnel Officer, Mississippi Employment Security Commission, stated that one Airman Moore of the Mississippi Air National Guard, a civilian employee of the Commission, is required as part of his prescribed military training to complete a course at Lackland Air Force Base, Texas, with a duration of nine weeks; that Moore requested a leave of absence to attend the course and his request was denied. Cited in Peden's letter was Section 33-1-21, Mississippi Code of 1972, Annotated.          Another enclosure was a copy of an Interoffice Communication of May 30, 1977 from Mr. Fred A. Lotterhos, General Counsel, to Mr. O. H. Simmons, Commission Director, concerning the Moore matter which stated in part:

“...I believe the correct interpretation of the statute cited would not mandate the granting of this leave. The Intent and sense appears to be that leave over the 15 day period must be given in a situation where 'they shall be ordered to duty to participate in training at encampments, field exercises, maneuvers, outdoor target practice, or for other exercises....' This to me means when such duty is mandated, and ordinarily for an entire unit. I do not believe that it was intended to require such leave in a case such as this where an individual seeks training in order to further his military career, even though such training may be 'required' as far as his own career ladder is concerned....” “...To take a contrary position would be disruptive of agency operations, and would not be a reasonable construction of the statute....”

         Your letter stated in part:

...Under the current training regulations relating to the Mississippi Air National Guard, attendance at a variety of Air Force Service schools is required military training and is accepted in lieu of traditional 'Summer camp', which in decades past was conducted by the

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