B-122509, JUN. 23, 1955

B-122509: Jun 23, 1955

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THE EXCEPTION WAS TAKEN FOR THE REASON. THAT HE SHOULD HAVE BEEN PAID ONLY FOR THE "ACCRUED" LEAVE TO HIS CREDIT ON DATE OF TRANSFER FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT OF THE INTERIOR. - THE PAYMENT INVOLVED WAS BASED ON NAVY CIVILIAN PERSONNEL INSTRUCTIONS DATED DECEMBER 7. UNDER SUCH CIRCUMSTANCES OFFICERS AND EMPLOYEES ENTITLED TO A SPECIAL LEAVE DIFFERENTIAL IN THE MATTER OF ACCUMULATION OF LEAVE WERE REQUIRED (AFTER TRANSFER) TO COMPLY WITH THE GENERAL LEAVE REGULATIONS PROMULGATED UNDER THE ANNUAL LEAVE ACT OF MARCH 14. IT WAS HELD IN OFFICE DECISION OF AUGUST 25. IS THE TOTAL LEAVE ACCUMULATED ON JANUARY 1. SKINNER WAS ENTITLED TO TRANSFER TO HIS CREDIT WITH THAT DEPARTMENT THE AMOUNT OF LEAVE TO HIS CREDIT ON JUNE 25.

B-122509, JUN. 23, 1955

TO MR. JOSE C. CASTRO, AUTHORIZED CERTIFYING OFFICER, GOVERNMENT OF GUAM:

THERE HAS BEEN CONSIDERED YOUR LETTER DATED NOVEMBER 5, 1954, RELATIVE TO AN AUDIT EXCEPTION STATED AGAINST YOU AS AUTHORIZED CERTIFYING OFFICER FOR THE GOVERNMENT OF GUAM, IN THE AMOUNT OF $1,198.93. THIS AMOUNT REPRESENTS THE EXCESS PAYMENT MADE TO MR. CARLTON SKINNER, AS FORMER GOVERNOR OF GUAM, INCIDENT TO HIS RESIGNATION FROM THE SERVICE EFFECTIVE ON FEBRUARY 20, 1953, UNDER THE PROVISIONS OF THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845.

THE EXCEPTION WAS TAKEN FOR THE REASON, IN SUBSTANCE, THAT HE SHOULD HAVE BEEN PAID ONLY FOR THE "ACCRUED" LEAVE TO HIS CREDIT ON DATE OF TRANSFER FROM THE DEPARTMENT OF THE NAVY TO THE DEPARTMENT OF THE INTERIOR, JUNE 25, 1950, OR 778 HOURS.

IN YOUR LETTER, YOU STATE--- "NOT HAVING ANY LEAVE REGULATIONS SPECIFICALLY APPLICABLE TO INTERIOR EMPLOYEES"--- THE PAYMENT INVOLVED WAS BASED ON NAVY CIVILIAN PERSONNEL INSTRUCTIONS DATED DECEMBER 7, 1950 (NCPI 105.10-1). THAT REGULATION PROVIDED THAT AMERICAN OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE NAVY STATIONED OUTSIDE THE CONTINENTAL UNITED STATES MIGHT ACCRUE 30 DAYS ANNUAL LEAVE PER YEAR FOR A PERIOD OF NOT EXCEEDING FOUR YEARS, OR 120 DAYS.

HOWEVER, UNDER SUCH CIRCUMSTANCES OFFICERS AND EMPLOYEES ENTITLED TO A SPECIAL LEAVE DIFFERENTIAL IN THE MATTER OF ACCUMULATION OF LEAVE WERE REQUIRED (AFTER TRANSFER) TO COMPLY WITH THE GENERAL LEAVE REGULATIONS PROMULGATED UNDER THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AS AMENDED. UPON MR. SKINNER'S TRANSFER TO THE DEPARTMENT OF THE INTERIOR, HAVING AN ACCUMULATION OF LEAVE UNDER A FOREIGN DIFFERENTIAL AS AN OFFICER OF THE DEPARTMENT OF THE NAVY, A SITUATION AROSE VERY SIMILAR TO THAT OCCASIONED BY THE ACT OF JULY 25, 1947, 61 STAT. 471, WHICH REDUCED THE MAXIMUM ACCUMULATION OF ANNUAL LEAVE UNDER THE 1936 ACT, AS AMENDED, FROM 90 TO 60 DAYS. IN THAT SITUATION, IT WAS HELD IN OFFICE DECISION OF AUGUST 25, 1947, 27 COMP. GEN. 120, AS FOLLOWS (QUOTING FROM THE SYLLABUS):

"APPLYING THE 90-DAY MAXIMUM ANNUAL LEAVE ACCUMULATION PROVISIONS OF THE ACT OF DECEMBER 17, 1942, AS AFFECTED BY TERMINATION THEREOF THEREOF BY SECTION 3 OF THE ACT OF JULY 25, 1947, THUS RESTORING THE PREVIOUSLY EXISTING 60-DAY LIMITATION, THE MAXIMUM ANNUAL LEAVE WHICH MAY BE CREDITED AT THE BEGINNING OF THE CALENDAR YEAR 1948 (SUBJECT TO THE 90-DAY LIMITATION) TO EMPLOYEES WHO HAD 60 OR MORE DAYS OF LEAVE CREDIT AS OF JULY 24, 1947, IS THE TOTAL LEAVE ACCUMULATED ON JANUARY 1, 1947, LUS ANY ACCRUAL THEREAFTER TO JULY 24, 1947, WHICH HAD NOT BEEN USED TO THAT DATE. 25 COMP. GEN. 341, AMPLIFIED. (AMPLIFIED BY 27 COMP. GEN. 301; ID. 373.)"

APPLYING THE REASONING OF THAT DECISION TO THE SITUATION PRESENTED IN THIS CASE, UPON TRANSFER TO THE DEPARTMENT OF THE INTERIOR, MR. SKINNER WAS ENTITLED TO TRANSFER TO HIS CREDIT WITH THAT DEPARTMENT THE AMOUNT OF LEAVE TO HIS CREDIT ON JUNE 25, 1950, WHICH WAS 778 HOURS. AS THAT AMOUNT EXCEEDED THE ACCUMULATION OF ANNUAL LEAVE ALLOWED AS AN OFFICIAL OF THE DEPARTMENT OF THE INTERIOR, IT COULD NOT BE INCREASED THEREAFTER. CONSEQUENTLY, AT THE DATE OF HIS SEPARATION HIS ACCRUED LEAVE BALANCE CREDIT WAS 810 HOURS (778 HOURS ACCUMULATED LEAVE AND 32 HOURS CURRENT ACCRUED LEAVE FOR 1953), AND NOT 960 HOURS ACCUMULATED LEAVE AND 32 HOURS CURRENT ACCRUED LEAVE AS STATED BY YOU. ALSO, SEE SECTION 25 (C) OF THE ORGANIC ACT OF GUAM, 64 STAT. 391, AND SECTION 203 (D) (1) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 680. ACCORDINGLY, APPROPRIATE ACTION IS REQUIRED TO EFFECT COLLECTION OF THE AMOUNT OF THE OVERPAYMENT INVOLVED, $1,198.93.

CONCERNING THE ADVICE STATED TO HAVE BEEN INFORMALLY FURNISHED YOU IN THIS MATTER BY AN ATTORNEY FOR THE GOVERNMENT OF GUAM, YOUR ATTENTION IS INVITED TO 31 COMP. GEN. 653.