B-120755, DEC. 3, 1957

B-120755, DEC. 3, 1957

TO MRS. WILHELMINA P. JOHNSON:

ON SEPTEMBER 4, 1957, YOUR ATTORNEY, JOSEPH M. STONE, REQUESTED IN YOUR BEHALF, REVIEW OF OUR OFFICE SETTLEMENT DATED MARCH 12, 1957, ISSUED IN CONNECTION WITH YOUR CLAIM FOR RETROACTIVE PAY AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, HEADQUARTERS, WASHINGTON, D.C.

YOUR ATTORNEY CONTENDS THAT SINCE, IN THE SETTLEMENT OF YOUR CLAIM HERE, THE ENTIRE AMOUNT OF LUMP SUM LEAVE PAYMENT WAS DEDUCTED FROM THE BACK PAY DUE YOU, YOU WERE ENTITLED TO A RECREDIT OF 353 HOURS WHICH REMAINED TO YOUR CREDIT AT THE CLOSE OF THE 1952 LEAVE YEAR. HE FURTHER SAYS THAT "THE DEPARTMENT OF THE AIR FORCE, HOWEVER, REFUSES TO GIVE HER FULL CREDIT FOR THE 353 HOURS ON SOME THEORY THAT DURING THE ENSUING YEARS SHE WOULD HAVE BEEN IN EXCESS OF THE 353 HOURS AND THEREFORE WOULD HAVE LOST SUCH HOURS.'

THE DEPARTMENT OF THE AIR FORCE HAS FURNISHED US A COMPLETE REPORT IN THE MATTER, WHICH SHOWS THE MANNER IN WHICH YOUR LEAVE WAS RECOMPUTED AS FOLLOWS:

TABLE

"1954 1955

BEFORE AFTER BEFORE AFTER BEGINNING BALANCE 6

353 111 353 YEAR ACCRUAL 160 160 160 160

TOTAL 166 513 271 513 LEAVE TAKEN 55

55 101 101 --- ---

--- ---ENDING BALANCE 111

458 170 412 MAXIMUM ACCRUAL 353

353

--- --- FORFEITED

105 59

IN RECREDITING YOUR LEAVE IT WAS NECESSARY TO CONSIDER THE MAXIMUM ACCRUAL PROVISIONS OF SECTIONS 203 AND 208 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, AND TO ADJUST THE LEAVE BALANCES FOR THE 1954 AND 1955 LEAVE YEARS. THUS, CONTRARY TO THE CONTENTION ADVANCED BY YOUR ATTORNEY, THE RECORDS SHOW THAT YOU WERE CREDITED WITH 353 HOURS FOR THE LUMP SUM LEAVE PAYMENT WHICH WAS DEDUCTED IN THE SETTLEMENT OF MARCH 12, 1957. THAT ACTION AS WELL AS THE RECOMPUTATION OF YOUR LEAVE BY THE DEPARTMENT OF THE AIR FORCE IS CONSISTENT WITH THE RULINGS MADE IN OUR DECISIONS, NAMELY, 32 COMP. GEN. 22; 36 COMP. GEN. 220; AND 36 COMP. GEN. 596.