B-144585, AUG. 27, 1962
Highlights
WHICH WAS NOT FULLY CONSIDERED BY OUR OFFICE AT THE TIME THE DECISION OF DECEMBER 22. WAS RENDERED. THERE IS NO BASIS UPON WHICH OUR OFFICE PROPERLY MAY MODIFY THE CONCLUSION SET FORTH THEREIN. IT WAS EXPLAINED TO YOU IN THE FOURTH PARAGRAPH OF THAT DECISION THAT UNDER THE LEAVE REGULATIONS IN EFFECT FOR PHILIPPINE CITIZENS HIRED BY THE UNITED STATES IN THE PACIFIC THE MAXIMUM AMOUNT OF ANNUAL LEAVE THAT YOU WOULD HAVE BEEN ABLE TO ACCUMULATE FROM JANUARY 13. WE UNDERSTAND THAT EMPLOYEES OF YOUR CATEGORY WERE ONLY ENTITLED TO 104 HOURS OF ANNUAL LEAVE EACH YEAR. IT IS APPARENT THAT YOU MUST HAVE BEEN GRANTED SOME TIME OFF FOR CHARGE TO ANNUAL LEAVE WHILE UNDER THE DEPARTMENT OF THE ARMY AND THAT ANY UNUSED LEAVE WAS TRANSFERRED TO YOUR CREDIT IN THE DEPARTMENT OF THE AIR FORCE.
B-144585, AUG. 27, 1962
TO MR. NESTOR B. REMPOLA:
THIS REFERS TO YOUR LETTER OF JUNE 25, 1962, REQUESTING RECONSIDERATION OF THAT PART OF OFFICE DECISION OF DECEMBER 22, 1961, TO YOU, SUSTAINING THE DISALLOWANCE FOR PAYMENT OF UNUSED ANNUAL LEAVE ALLEGED TO BE DUE AT THE TIME OF YOUR SEPARATION FROM THE UNITED STATES AIR FORCE AS A CIVILIAN EMPLOYEE.
INASMUCH AS NO ADDITIONAL INFORMATION HAS BEEN PRESENTED IN YOUR LETTER OF JUNE 25, WHICH WAS NOT FULLY CONSIDERED BY OUR OFFICE AT THE TIME THE DECISION OF DECEMBER 22, 1961, WAS RENDERED, THERE IS NO BASIS UPON WHICH OUR OFFICE PROPERLY MAY MODIFY THE CONCLUSION SET FORTH THEREIN.
IT WAS EXPLAINED TO YOU IN THE FOURTH PARAGRAPH OF THAT DECISION THAT UNDER THE LEAVE REGULATIONS IN EFFECT FOR PHILIPPINE CITIZENS HIRED BY THE UNITED STATES IN THE PACIFIC THE MAXIMUM AMOUNT OF ANNUAL LEAVE THAT YOU WOULD HAVE BEEN ABLE TO ACCUMULATE FROM JANUARY 13, 1952, WHEN YOU TRANSFERRED TO THE AIR FORCE UNTIL THE TIME OF YOUR SEPARATION WOULD BE FAR LESS THAN THE 57 HOURS ANNUAL LEAVE FOR WHICH YOU RECEIVED A LUMP SUM PAYMENT. WE UNDERSTAND THAT EMPLOYEES OF YOUR CATEGORY WERE ONLY ENTITLED TO 104 HOURS OF ANNUAL LEAVE EACH YEAR. IT IS APPARENT THAT YOU MUST HAVE BEEN GRANTED SOME TIME OFF FOR CHARGE TO ANNUAL LEAVE WHILE UNDER THE DEPARTMENT OF THE ARMY AND THAT ANY UNUSED LEAVE WAS TRANSFERRED TO YOUR CREDIT IN THE DEPARTMENT OF THE AIR FORCE, WHICH WAS INCLUDED IN THE LUMP SUM PAYMENT FOR THE 57 HOURS AT THE TIME OF YOUR SEPARATION.