B-123197, JUN. 6, 1955

B-123197: Jun 6, 1955

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HEANEY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. WAS 288 HOURS. YOU WERE PAID A LUMP-SUM FOR 240 HOURS ANNUAL LEAVE. THAT WAS THE CORRECT COMPUTATION OF YOUR ANNUAL LEAVE FOR LUMP-SUM PAYMENT PURPOSES UNDER THE PROVISIONS OF THE ACT OF DECEMBER 21. WHICHEVER IS THE GREATER. THE FACT THAT YOU NOW HAVE BEEN REEMPLOYED. THE ESTABLISHED RULE IS THAT ONCE AN EMPLOYEE'S SEPARATION BECOMES EFFECTIVE HE CANNOT THEREAFTER BE RESTORED TO THE ROLLS FOR PURPOSE OF GRANTING LEAVE. 32 COMP. YOUR CLAIM PROPERLY WAS DISALLOWED. IS SUSTAINED.

B-123197, JUN. 6, 1955

TO MR. JAMES P. HEANEY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1955, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 3, 1955, WHICH, FOR THE REASONS STATED THEREIN, DISALLOWED YOUR CLAIM FOR THE 48 HOURS OF ANNUAL LEAVE YOU ACCRUED BUT DID NOT USE PRIOR TO YOUR SEPARATION FROM SERVICE ON JULY 13, 1954, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, ENT AIR FORCE BASE, COLORADO SPRINGS, COLORADO.

THE RECORD SHOWS THAT YOU RECEIVED A 30-DAY NOTICE DATED JUNE 11, 1954, THAT YOU WOULD BE SEPARATED BY A REDUCTION IN FORCE EFFECTIVE JULY 13, 1954. THE OFFICIAL REPORTS OF THE AIR FORCE SHOW YOUR ANNUAL LEAVE BALANCE ON JULY 13, 1954, WAS 288 HOURS, OR 36 DAYS, COMPOSED OF 214 HOURS CARRIED OVER FROM THE LEAVE YEAR 1953, PLUS 74 HOURS ACCRUED DURING 1954 PRIOR TO YOUR SEPARATION. IN ACCORDANCE WITH AIR FORCE PAY REGULATIONS, AF P9.10-3A, YOU WERE PAID A LUMP-SUM FOR 240 HOURS ANNUAL LEAVE. THAT WAS THE CORRECT COMPUTATION OF YOUR ANNUAL LEAVE FOR LUMP-SUM PAYMENT PURPOSES UNDER THE PROVISIONS OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AS AMENDED JULY 2, 1953, PUBLIC LAW 102, 67 STAT. 137, 138. THAT ACT PROVIDES THAT NO SUCH LUMP-SUM PAYMENT SHALL EXCEED COMPENSATION FOR ANY SUCH LEAVE IN EXCESS OF 30 DAYS OR THE NUMBER OF DAYS CARRIED OVER AT THE BEGINNING OF THE LEAVE YEAR, WHICHEVER IS THE GREATER.

THE FACT THAT YOU NOW HAVE BEEN REEMPLOYED--- REGARDLESS OF THE AGENCY--- WOULD NOT PREVENT FORFEITURE OF THE SIX DAYS' LEAVE, AND NEITHER WOULD IT PERMIT THE RECREDITING OF SUCH LEAVE TO YOUR CURRENT LEAVE ACCOUNT UPON THE BASIS OF THE ADMINISTRATIVE FAILURE TO EXTEND YOUR REDUCTION-IN-FORCE NOTICE PERIOD TO INCLUDE SUCH LEAVE. THE ESTABLISHED RULE IS THAT ONCE AN EMPLOYEE'S SEPARATION BECOMES EFFECTIVE HE CANNOT THEREAFTER BE RESTORED TO THE ROLLS FOR PURPOSE OF GRANTING LEAVE. 32 COMP. GEN. 111.

ACCORDINGLY, UPON THE PRESENT RECORD, YOUR CLAIM PROPERLY WAS DISALLOWED, AND THE SETTLEMENT OF JANUARY 3, 1955, IS SUSTAINED.