B-131442, JAN 14, 1958

SECRETARY: WE HAVE RECEIVED THROUGH OUR CLAIMS DIVISION A REQUEST FROM THE FINANCE CENTER. HE WAS ATTACHED TO A STUDENT DETACHMENT AT FORT MCPHERSON. HE WAS PLACED IN AN AUTHORIZED LEAVE-WITHOUT-PAY STATUS FOR THE PERIOD FROM JUNE 16. HE WAS IN A FULL PAY STATUS FROM JUNE 16. HE WAS CREDITED WITH LEAVE FOR THE FULL PERIOD FROM JUNE 16. HE WAS PAID FOR 60 DAYS' ACCRUED LEAVE AT THE TIME OF HIS SEPARATION IN MAY 1954. IT WAS HELD THAT LEAVE CREDITS DID NOT ACCRUE TO AN OFFICER OF THE ARMY DURING THE PERIOD HE WAS IN AN EXCESS-LEAVE STATUS. IN THAT DECISION THERE WAS QUOTED A PART OF A DECISION OF THE COMPTROLLER OF THE TREASURY. AS FOLLOWS: "CUMULATIVE LEAVE OF ABSENCE IS EARNED BY SERVICE.