B-135894, MAY 7, 1958

B-135894: May 7, 1958

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YOU SAY THAT MISS CABLE REQUESTED AND WAS GRANTED THAT PART OF HER CURRENT YEAR'S ANNUAL LEAVE. WAS USED AS THE EFFECTIVE DATE OF HER RESIGNATION INSTEAD OF THE LAST DAY OF PAY (LEAVE/. - AND A SEPARATION FORM 50 WAS PROCESSED SHOWING HER SEPARATION DATE AS DECEMBER 6. WHEN THIS SEPARATION FORM WAS RECEIVED IN THE PAYROLL SECTION IT WAS DISCOVERED THAT IT WAS NOT IN AGREEMENT WITH THE INITIALED TIME CARD WHICH SHOWED HER ON ANNUAL LEAVE THROUGH DECEMBER 13. AS INDICATED IN YOUR LETTER OUR DECISIONS HAVE PERMITTED CORRECTIVE ACTION WHERE THE CIRCUMSTANCES IN A PARTICULAR CASE CLEARLY SHOW THAT AN EMPLOYEE'S RESIGNATION HAS NOT BEEN ACCEPTED IN THE TERMS SUBMITTED. SINCE IT APPEARS THAT MISS CABLE'S VERBAL RESIGNATION WAS NOT ACCEPTED IN THE TERMS SUBMITTED.

B-135894, MAY 7, 1958

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, BUREAU OF FINANCE:

YOUR LETTER OF APRIL 17, 1958, AEU:LPA:H:Q, REQUESTS OUR DECISION AS TO WHETHER A VOUCHER IN FAVOR OF MISS BERNICE N. CABLE COVERING SALARY FOR THE PERIOD DECEMBER 7 TO 13, 1957, MAY BE CERTIFIED FOR PAYMENT IN VIEW OF THE CIRCUMSTANCES HEREINAFTER RELATED.

YOU SAY THAT MISS CABLE REQUESTED AND WAS GRANTED THAT PART OF HER CURRENT YEAR'S ANNUAL LEAVE, WHICH COULD NOT BE PAID IN A LUMP SUM, IMMEDIATELY BEFORE RESIGNING EFFECTIVE DECEMBER 13, 1953, SUCH LEAVE BEING GRANTED IN ACCORDANCE WITH OUR DECISION OF AUGUST 10, 1953, 33 COMP. GEN. 85, ANSWER TO QUESTION 1. HOWEVER, IN COMPLETING FORM 52 "REQUEST FOR PERSONNEL ACTION" MISS CABLE'S LAST DAY OF ACTIVE DUTY, DECEMBER 6, 1957, WAS USED AS THE EFFECTIVE DATE OF HER RESIGNATION INSTEAD OF THE LAST DAY OF PAY (LEAVE/--- DECEMBER 13, 1957--- AND A SEPARATION FORM 50 WAS PROCESSED SHOWING HER SEPARATION DATE AS DECEMBER 6, 1957. WHEN THIS SEPARATION FORM WAS RECEIVED IN THE PAYROLL SECTION IT WAS DISCOVERED THAT IT WAS NOT IN AGREEMENT WITH THE INITIALED TIME CARD WHICH SHOWED HER ON ANNUAL LEAVE THROUGH DECEMBER 13, 1957.

YOU SUGGEST THAT SINCE MISS CABLE'S SEPARATION DATE, DECEMBER 7, 1957, AS SHOWN ON THE ABOVE-MENTIONED FORM, DOES NOT AGREE WITH THE TERMS OF HER VERBAL RESIGNATION SHE MAY BE ENTITLED TO PAY FOR THE PERIOD DECEMBER 7 THROUGH DECEMBER 13, 1957, CITING 31 COMP. GEN. 111.

AS INDICATED IN YOUR LETTER OUR DECISIONS HAVE PERMITTED CORRECTIVE ACTION WHERE THE CIRCUMSTANCES IN A PARTICULAR CASE CLEARLY SHOW THAT AN EMPLOYEE'S RESIGNATION HAS NOT BEEN ACCEPTED IN THE TERMS SUBMITTED, THIS BEING AN EXCEPTION TO THE GENERAL RULE THAT A SEPARATION DATE MAY NOT BE RESCINDED ONCE IT BECOMES AN ACCOMPLISHED FACT. 21 COMP. GEN. 517; 32 ID. 111; 33 ID. 85, 86.

SINCE IT APPEARS THAT MISS CABLE'S VERBAL RESIGNATION WAS NOT ACCEPTED IN THE TERMS SUBMITTED, HER SEPARATION IS TO BE REGARDED AS HAVING OCCURRED ON DECEMBER 13, 1957 (CLOSE OF BUSINESS) AND THE PAYROLL VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT. IS NOTED THAT THE CHANGE IN SEPARATION DATE MAY REQUIRE RECOMPUTATION OF THE LUMP-SUM LEAVE PAYMENT.