I am trying to write a legal memo.

What are the issues?

Gary Crawford recently visited our office due to his concerns with his employment as a lab technician with the Passtheexam Department of Fish and Game Conservation.He is also an enlisted man with the US Marine Corp Reserve.He really enjoys the reserves as it allows for him to give back to his country in many forms.His availability to travel is not always present but he really likes to travel when he gets the chance.His hopes in joining were to pursue travel.

Three weeks ago, Crawford applied for a 3 week training program for scuba diving with the Marine Corp.His app was initially denied due to lack of space but now there is space open.He received this notice on Friday the 17^th.He was to begin Monday the 20^th.

Crawford called his supervisor immediately on the 17^th to advise him of the acceptance into this special program.He requested a leave of absence.This was the first request of its kind given to the supervisor.No one else in the Department has ever made such a request.The supervisor denied the leave request and told him to report for work on Monday morning.Crawford went to the 3 week program and upon his return, the supervisor had fired him for absence without leave and insubordination.

Please read the following information and determine whether Mr. Crawford was illegally dismissed from his job in the State of Passtheexam.

State of PASSTHEEXAM Revised Statutes

A.Passtheexam Revised Statute 408.240 (2004):

(1)Whenever any public officer or employee leaves a position after June 24, 1990, whether voluntarily or involuntarily, in order to perform military duty, such office or position shall not become vacant, nor shall the officer or employee be subject to removal as a consequence thereof.

B.Passtheexam Revised Statute 408.210 (2004):

As used in this Act, the term "military duty" shall include training and service performed by an inductee, enlistee or reservist or any entrant into a temporary component of the Armed Forces of the United States, ... but does not include active duty training as a reservist in the Armed Forces of the United States or as a member of the National Guard of the United States where the call is for a period of 15 days or less.

C.Passtheexam Revised Statute 905.788 (2004):

The Superintendent if the Department of Fish and Game Conservation shall have the power to dismiss any employee for absence without leave or for insubordination...