B-152581, OCT. 8, 1963
Highlights
INDICATES YOU ARE DISSATISFIED WITH OUR SETTLEMENT OF SEPTEMBER 6. YOUR CLAIM WAS DISALLOWED BECAUSE YOU DID NOT COMPLETE 90 DAYS OF EMPLOYMENT SO AS TO QUALIFY FOR ANNUAL LEAVE UNDER THE APPLICABLE LAW AND REGULATIONS. YOU SAY THAT AN ADMINISTRATIVE ERROR OCCURRED BECAUSE YOU WERE GIVEN A 90 DAY APPOINTMENT. THAT REPORT STATES THAT YOUR SEPARATION WAS FIXED ON THE 89TH DAY OF EMPLOYMENT (JANUARY 4. 1963) BECAUSE THIS WAS THE LAST WORKDAY OF THE PERIOD COVERED BY YOUR APPOINTMENT AND NOT FOR THE PURPOSE OF PRECLUDING THE ACCRUAL OF ANNUAL LEAVE. UNDER THE TERMS OF YOUR APPOINTMENT THERE WAS NO REQUIREMENT THAT YOUR EMPLOYMENT WOULD LAST A FULL 90 DAYS. YOUR SERVICES COULD HAVE BEEN TERMINATED AT ANY TIME.
B-152581, OCT. 8, 1963
TO MISS ANN D. FECHUNDA:
YOUR LETTER POSTMARKED SEPTEMBER 20, 1963, INDICATES YOU ARE DISSATISFIED WITH OUR SETTLEMENT OF SEPTEMBER 6, 1963, WHICH DISALLOWED YOUR CLAIM FOR ANNUAL LEAVE DURING THE PERIOD OF YOUR TEMPORARY EMPLOYMENT OF 89 DAYS WITH THE NAVAL AIR STATION, SAN DIEGO, CALIFORNIA.
YOUR CLAIM WAS DISALLOWED BECAUSE YOU DID NOT COMPLETE 90 DAYS OF EMPLOYMENT SO AS TO QUALIFY FOR ANNUAL LEAVE UNDER THE APPLICABLE LAW AND REGULATIONS.
YOU SAY THAT AN ADMINISTRATIVE ERROR OCCURRED BECAUSE YOU WERE GIVEN A 90 DAY APPOINTMENT. HOWEVER, THE REPORT FROM THE NAVY DEPARTMENT FAILS TO INDICATE ANY SUCH ERROR IN YOUR CASE. THAT REPORT STATES THAT YOUR SEPARATION WAS FIXED ON THE 89TH DAY OF EMPLOYMENT (JANUARY 4, 1963) BECAUSE THIS WAS THE LAST WORKDAY OF THE PERIOD COVERED BY YOUR APPOINTMENT AND NOT FOR THE PURPOSE OF PRECLUDING THE ACCRUAL OF ANNUAL LEAVE.
UNDER THE TERMS OF YOUR APPOINTMENT THERE WAS NO REQUIREMENT THAT YOUR EMPLOYMENT WOULD LAST A FULL 90 DAYS. ON THE CONTRARY, YOUR SERVICES COULD HAVE BEEN TERMINATED AT ANY TIME. IN VIEW THEREOF, AND AS THE RECORD FAILS TO REFLECT THAT ANY ERROR OCCURRED IN FIXING YOUR SEPARATION AS EFFECTIVE ON JANUARY 4, 1963, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.