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discretion of the head of a U.S. agency, as well as the Secretary
General of NATO.
Requests for extensions of tour with NATO were subject to
U.S concurrence, but contrary to respondent's contentions, there
is no authority for the proposition that the United States could
require petitioner's return or terminate petitioner's tour before
expiration of an agreed-upon term. Respondent seeks support for
her contention in language contained in a standard form entitled
Rotation Agreement--Employees Recruited From The United States,
stating that extensions beyond the initial tour will be
authorized should management decide that an extension would be in
the best interests of the DOA. This form further states that
denial of such extension was not contestable. These statements
are consistent with U.S. law. To retain reemployment rights, a
transferee must separate from an international organization
within his agreed term of employment and any agreed extensions
thereof. We find that the United States retained the right to
deny a request for an extension of an agreed term, but could not
require a transferee to return before his agreed term expired.
Further, should a transferee choose to remain beyond his tour
without U.S. approval, he would forfeit any right to
reemployment.
NATO's rights of termination were markedly broader than the
rights of the United States. Significantly, NATO could terminate
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