B-123435, JUL. 11, 1960

B-123435: Jul 11, 1960

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YOU REQUEST ANOTHER REVIEW OF YOUR CLAIM FOR 30 DAYS UNUSED SICK LEAVE WHICH YOU HAD TO YOUR CREDIT WHEN YOU WERE SEPARATED FROM THE SERVICE BY A REDUCTION-IN-FORCE ACTION ON MARCH 31. THAT CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF FEBRUARY 16. YOU WERE ADVISED THAT YOUR CLAIM WAS DISALLOWED BECAUSE THE SICK LEAVE REGULATIONS IN FORCE ON MARCH 31. AUTHORIZED THE TRANSFER OF SICK LEAVE TO AN EMPLOYEE'S CREDIT WHEN REEMPLOYED ONLY WHEN THERE WAS NO BREAK IN SERVICE OF MORE THAN ONE YEAR. YOU WERE NOT ENTITLED TO THE TRANSFER OF YOUR SICK LEAVE CREDITS. FOR YOUR READY REFERENCE A COPY OF THAT DECISION IS ENCLOSED. WE HAVE CAREFULLY REVIEWED THE CONTENTS OF THE LETTER DATED APRIL 1.

B-123435, JUL. 11, 1960

TO MR. SIMON BRIMBERG:

IN YOUR LETTER OF JUNE 22, 1960, WITH WHICH YOU TRANSMITTED A COPY OF ONE DATED APRIL 1, 1960, ADDRESSED TO SENATOR KENNETH B. KEATING BY THE CIVIL SERVICE COMMISSION, TOGETHER WITH A COPY OF THE SENATOR'S SETTER OF TRANSMITTAL TO YOU, YOU REQUEST ANOTHER REVIEW OF YOUR CLAIM FOR 30 DAYS UNUSED SICK LEAVE WHICH YOU HAD TO YOUR CREDIT WHEN YOU WERE SEPARATED FROM THE SERVICE BY A REDUCTION-IN-FORCE ACTION ON MARCH 31, 1947. THAT CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF FEBRUARY 16, 1955.

IN OUR DECISION B-123435, DATED APRIL 25, 1955, TO YOU, SUSTAINING OUR OFFICE SETTLEMENT, YOU WERE ADVISED THAT YOUR CLAIM WAS DISALLOWED BECAUSE THE SICK LEAVE REGULATIONS IN FORCE ON MARCH 31, 1947, AUTHORIZED THE TRANSFER OF SICK LEAVE TO AN EMPLOYEE'S CREDIT WHEN REEMPLOYED ONLY WHEN THERE WAS NO BREAK IN SERVICE OF MORE THAN ONE YEAR, AND THAT SINCE AT THE TIME OF YOUR REEMPLOYMENT YOU HAD BEEN SEPARATED FROM THE SERVICE FOR MORE THAN 5 YEARS, YOU WERE NOT ENTITLED TO THE TRANSFER OF YOUR SICK LEAVE CREDITS. FOR YOUR READY REFERENCE A COPY OF THAT DECISION IS ENCLOSED.

WE HAVE CAREFULLY REVIEWED THE CONTENTS OF THE LETTER DATED APRIL 1, 1960, ADDRESSED TO SENATOR KEATING BY THE CIVIL SERVICE COMMISSION, BUT SINCE THAT COMMUNICATION DOES NOT CONTAIN ANY PERTINENT INFORMATION CONCERNING THE RECREDITING OF 30 DAYS SICK LEAVE UPON REEMPLOYMENT IN 1952, NOT PREVIOUSLY CONSIDERED, OUR SETTLEMENT DATED FEBRUARY 16, 1955, IS AGAIN SUSTAINED.

WE NOTE THAT THE CIVIL SERVICE COMMISSION'S LETTER DATED APRIL 1, 1960, REFERS TO A LETTER FROM YOU DATED FEBRUARY 25, 1960, SUGGESTING YOU BE REIMBURSED FOR ELEVEN DAYS SICK LEAVE FROM DECEMBER 16 TO 31, 1946, WHICH YOU BELIEVE WAS ILLEGALLY DENIED YOU BY THE DEPARTMENT OF THE ARMY. WHILE YOU HAVE NOT HERETOFORE SPECIFICALLY CLAIMED PAYMENT FOR SUCH ELEVEN DAYS IN YOUR CORRESPONDENCE WITH OUR OFFICE, YOU DID MENTION IN YOUR LETTER OF MAY 18, 1954, THAT PRIOR TO DECEMBER 1946, YOU HAD APPLIED FOR 30 DAYS SICK LEAVE WHICH HAD BEEN DENIED BECAUSE A SEPARATION NOTICE TO YOU HAD ISSUED.

THE RECORDS BEFORE OUR OFFICE SHOW THAT YOUR LAST DAY OF ACTIVE DUTY WITH THE NEW CUMBERLAND GENERAL DEPOT WAS DECEMBER 14, 1946, AND THAT FROM THAT DATE YOU WERE CARRIED IN AN ANNUAL LEAVE WITH PAY STATUS THROUGH 5 HOURS ON MARCH 31, 1947, AND THEREAFTER IN A NONPAY STATUS UNTIL YOUR SEPARATION BECAME FINAL, PRESUMABLY, IN NOVEMBER 1947.

WE HAVE HELD THAT UNDER THE APPLICABLE LAW AND REGULATIONS IN EFFECT DURING THE PERIOD HERE INVOLVED, AN AGENCY MAY IN ITS DISCRETION SUBSTITUTE SICK LEAVE FOR ANNUAL LEAVE DURING THE NOTICE OF PERIOD OF A REDUCTION IN FORCE. 27 COMP. GEN. 227, ANSWER TO QUESTION 5. HENCE, IF YOU COULD OBTAIN APPROVAL OF THE DEPARTMENT OF THE ARMY FOR THE SUBSTITUTION OF ELEVEN DAYS OF SICK LEAVE FOR A LIKE AMOUNT OF ANNUAL LEAVE, WE WOULD THEN BE ABLE TO FURTHER CONSIDER YOUR CLAIM FOR PAYMENT FOR THE ADDITIONAL ELEVEN DAYS OF ANNUAL LEAVE WHICH WOULD RESULT FROM SUCH SUBSTITUTION.