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WASHINGTON — Former U.S. Attorney David Iglesias has filed a complaint with a federal ombudsman agency that he was fired because of the time he spent away from his office on Naval Reserve duty.

Justice Department officials have never directly claimed Iglesias, of New Mexico, was fired because of the more than 40 days a year he was away on Reserve duty, but a memo prepared for Justice Department officials testifying before Congress said Iglesias was "perceived to be an `absentee landlord' " who relied on then-Assistant U.S. Attorney Larry Gomez to run the office.

Federal law bars employers from denying any benefit to employees because of their National Guard or Reserve obligations.

The Office of Special Counsel, which also investigates whistle-blower cases, says it is investigating Iglesias' claim. The office can order reinstatement and back pay.

Iglesias told The Tribune he is not seeking reinstatement but would accept back pay. He said his primary reason to file the complaint was to avail himself of another agency with subpoena power to determine the truth behind his dismissal.

Iglesias was one of seven U.S. attorneys asked to resign Dec. 7. Another prosecutor was fired earlier. Justice Department officials initially said all were fired for performance reasons, but Democrats in Congress are investigating to determine whether politics played a role.

In the case of Iglesias, Sen. Pete Domenici, an Albuquerque Republican, other influential New Mexico Republicans and White House Deputy Chief of Staff Karl Rove complained to Attorney General Alberto Gonzales that Iglesias did not prosecute alleged voter fraud in the 2004 election.

Iglesias has said he believes his firing was triggered by two phone calls last October - one from Domenici, and one from Rep. Heather Wilson, an Albuquerque Republican - that, Iglesias charges, were attempts to pressure him to speed up indictments in the Metropolitan Courthouse corruption case before the Nov. 7 election.

He has repeatedly denied that his performance, as alleged by Justice Department officials in memos, was the reason for his firing.

"(Deputy Attorney General) Paul McNulty told the senators behind closed doors that I was an absentee landlord," Iglesias said. "He can't be complaining about my vacations because I only took two to three weeks. He can't be complaining about the trips I took for the Justice Department. That leaves the military duty. I want to see whether there is any documentation that corroborates that possibility."

Iglesias first spoke to a deputy in the Office of Special Counsel on March 5, the day before he testified before the House and Senate Judiciary Committees. Later he met with Special Counsel Scott Bloch himself. Iglesias said he filed the complaint allowing Bloch's office to investigate the case on Tuesday.

"I thought it made a lot of sense to at least investigate," he said.

The Uniformed Services Employment and Reemployment Rights Act prohibits an employer from denying any employment benefit on the basis of an individual's membership or obligation for service.

Because the Constitution authorizes the president to hire and fire U.S. attorneys, the special counsel would have to resolve that conflict.

"There is some interpretation that needs to be done since a U.S. attorney is a political appointee," said Jim Mitchell, director of communications for the Office of Special Counsel.

Iglesias, who remains unemployed, is about to start another two weeks of Reserve duty Friday.