B-107495, FEBRUARY 6, 1952, 31 COMP. GEN. 360

B-107495, FEBRUARY 6, 1952, 31 COMP. GEN. 360

LEAVES OF ABSENCE - OVERDRAWN LEAVE - LEAVE INDEBTEDNESS LIQUIDATION REQUIREMENT THE ENTRY OF AN EMPLOYEE INTO THE ARMED SERVICES IS A SEPARATION UNDER THE ANNUAL LEAVE REGULATIONS--- THE MILITARY SERVICE PERIOD BEING REGARDED AS A FURLOUGH OR LEAVE OF ABSENCE UPON THE EMPLOYEE'S RESTORATION TO HIS CIVILIAN POSITION--- SO THAT, AN EMPLOYEE WHO WAS COMPENSATED FOR A PERIOD OF ANNUAL LEAVE WHICH WAS NOT EARNED BY CIVILIAN SERVICE, EITHER BEFORE OR AFTER MILITARY SERVICE, IS REQUIRED TO REFUND THE PAYMENT COVERING THE LEAVE INDEBTEDNESS.

COMPTROLLER GENERAL WARREN TO JOHN KENNETH TERRES, FEBRUARY 6, 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 21, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF THIS OFFICE OF AUGUST 6, 1951, WHEREIN YOU WERE CERTIFIED TO BE INDEBTED TO THE UNITED STATES IN THE SUM OF $57.09 AS THE RESULT OF EXCESS ANNUAL LEAVE USED BY YOU WHICH WAS NOT EARNED WHEN YOU WERE INDUCTED IN THE MILITARY SERVICE IN SEPTEMBER 1942. IN THE LETTER YOU EXPRESS THE VIEW THAT YOU SHOULD NOT BE REQUIRED TO MAKE THE REFUND AS THE TAKING OF EXCESS LEAVE WAS DUE TO AN ERROR ON THE PART OF THE CLERK WHO CALCULATED YOUR LEAVE.

ACCORDING TO THE RECORDS OF THIS OFFICE, THERE WAS NO ERROR IN THE CALCULATION OF YOUR LEAVE. IT APPARENTLY WAS THE PRACTICE OF THE DEPARTMENT OF AGRICULTURE AT THAT TIME TO GRANT ANNUAL LEAVE WHICH MIGHT ACCRUE DURING THE CALENDAR YEAR AT ANY TIME DURING THAT YEAR WITH THE UNDERSTANDING THAT IT WOULD BE EARNED BY CONTINUED SERVICE, AND AT THE TIME OF YOUR INDUCTION YOU ARE REPORTED TO HAVE USED SEVEN DAYS, SEVEN AND ONE-QUARTER HOURS ANNUAL LEAVE IN EXCESS OF THE LEAVE YOU HAD EARNED. REPEATED DEMANDS WERE MADE UPON YOU BY THE OFFICIALS OF THE DEPARTMENT OF AGRICULTURE IN WHICH THE SITUATION WAS EXPLAINED TO YOU IN DETAIL.

IN DECISION OF THIS OFFICE IN 22 COMP. GEN. 990, IT WAS HELD:

THE ENTRY OF AN EMPLOYEE INTO THE ACTIVE MILITARY OR NAVAL SERVICE IS TO BE REGARDED AS A ,SEPARATION" UNDER SECTION 4 (B) OF THE ANNUAL LEAVE REGULATIONS, PROVIDING THAT AN EMPLOYEE WHO IS INDEBTED TO THE GOVERNMENT FOR ADVANCED ANNUAL LEAVE AT THE TIME OF HIS SEPARATION FROM THE SERVICE SHALL BE CHARGED WITH SUCH INDEBTEDNESS.

IN A SUBSEQUENT DECISION, 23 COMP. GEN. 869, IT WAS HELD THAT:

WHEN A FORMER EMPLOYEE IS RESTORED TO HIS CIVILIAN POSITION, OR TO A POSITION OF LIKE SENIORITY, STATUS AND PAY UNDER THE TERMS AND CONDITIONS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, HE IS TO BE CONSIDERED AS HAVING BEEN ON FURLOUGH OR LEAVE OF ABSENCE DURING HIS PERIOD OF ACTIVE MILITARY SERVICE, AND IS TO BE RESTORED WITH THE SAME LEAVE STATUS (AS TO BOTH CREDITS AND DEBITS) AS HE HAD WHEN HE LEFT HIS CIVILIAN POSITION TO ENTER THE ACTIVE MILITARY SERVICE.

WHILE UNDER THIS DECISION YOU MIGHT, HAD YOU BEEN RESTORED TO YOUR POSITION WITH THE SOIL CONSERVATION SERVICE, HAVE HAD YOUR LEAVE ACCOUNT DEBITED IN THE AMOUNT OF SEVEN DAYS, SEVEN AND ONE-QUARTER HOURS, TO BE LIQUIDATED BY SUBSEQUENT ACCRUALS, THE RECORD INDICATES THAT YOU WERE NEVER SO RESTORED TO DUTY.

ACCORDINGLY, AS YOU RECEIVED YOUR COMPENSATION FOR SEVEN DAYS, SEVEN AND ONE-HALF HOURS WHEN ON ANNUAL LEAVE WHICH WAS NOT EARNED BY CIVILIAN SERVICE, EITHER BEFORE OR AFTER YOUR MILITARY SERVICE YOU ARE INDEBTED TO THE UNITED STATES THEREFOR. THAT AMOUNT SHOULD BE REMITTED PROMPTLY TO THIS OFFICE.

UPON REVIEW, THE SETTLEMENT OF AUGUST 6, 1951, APPEARS CORRECT AND MUST BE AND IS SUSTAINED.