B-145621, JUN. 14, 1961

B-145621: Jun 14, 1961

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WAS TRANSMITTED TO OUR OFFICE AS A DOUBTFUL CLAIM BY MR. WAS NOT RECREDITED TO HIM UPON HIS EMPLOYMENT IN THE PHILIPPINES BY ORDNANCE HEADQUARTERS. HE EXPLAINS THAT HIS LEAVE RECORD DID NOT ARRIVE THERE AND THAT EFFORTS TO OBTAIN IT WERE UNSUCCESSFUL. JOHNSON FEELS THAT IT IS EVIDENT FROM THIS THAT PHILRYCOM STATED HIM ON NOVEMBER 22. JOHNSON'S REQUEST WAS ORIGINALLY ADMINISTRATIVELY DENIED ON THE GROUND THAT THERE WAS INSUFFICIENT DOCUMENTARY EVIDENCE THAT THE LEAVE HAD NOT BEEN RECREDITED AND SUBSEQUENTLY USED. THE KEEPING OF A RECORD OF AN EMPLOYEE'S ACCRUED LEAVE IS AN ADMINISTRATIVE DUTY AND RESPONSIBILITY. THE AMOUNT OF ANNUAL AND SICK LEAVE WITH WHICH AN EMPLOYEE MAY BE CREDITED IS PRIMARILY A MATTER FOR DETERMINATION BY THE AGENCY IN WHICH HE IS CURRENTLY EMPLOYED.

B-145621, JUN. 14, 1961

TO COMMANDING GENERAL, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA:

DURING FEBRUARY 1961 THE REQUEST OF MR. HARLEY A. E. JOHNSON, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, LETTERKENNY ORDNANCE DEPOT, CHAMBERSBURG, PENNSYLVANIA, YOUR REFERENCE FINCS-AA-2, 244/TMS/S-1, FOR RECREDIT OF 396 HOURS SICK LEAVE, WAS TRANSMITTED TO OUR OFFICE AS A DOUBTFUL CLAIM BY MR. R. STEPHENS, SECTION II, PAYMENT CLAIMS BRANCH, CLAIMS DIVISION, SETTLEMENT OPERATIONS.

MR. JOHNSON ALLEGES THAT 396 HOURS OF SICK LEAVE HE HAD TO HIS CREDIT WHEN SEPARATED AT CAMP SAN LUIS OBISPO, CALIFORNIA, ON SEPTEMBER 2, 1946, BECAUSE OF A REDUCTION IN FORCE, WAS NOT RECREDITED TO HIM UPON HIS EMPLOYMENT IN THE PHILIPPINES BY ORDNANCE HEADQUARTERS, PHILRYCOM, APO 707, ON NOVEMBER 22, 1946. HE EXPLAINS THAT HIS LEAVE RECORD DID NOT ARRIVE THERE AND THAT EFFORTS TO OBTAIN IT WERE UNSUCCESSFUL.

MR. JOHNSON TRANSFERRED TO OKINAWA, ORDNANCE BASE DEPOT, RYCOM, APO 331, IN JANUARY 1948. HIS LEAVE RECORD FOR 1948 SHOWS A TOTAL OF 125 HOURS ACCRUED SICK LEAVE CREDITED TO HIM AT THE BEGINNING OF THAT YEAR. MR. JOHNSON FEELS THAT IT IS EVIDENT FROM THIS THAT PHILRYCOM STATED HIM ON NOVEMBER 22, 1946, WITH A ZERO BALANCE OF SICK LEAVE AND THAT HE ACCUMULATED THE 125 HOURS DURING THE PERIOD NOVEMBER 1946 THROUGH DECEMBER 1947.

BECAUSE THE LEAVE RECORDS FOR THAT PERIOD CANNOT BE LOCATED, MR. JOHNSON'S REQUEST WAS ORIGINALLY ADMINISTRATIVELY DENIED ON THE GROUND THAT THERE WAS INSUFFICIENT DOCUMENTARY EVIDENCE THAT THE LEAVE HAD NOT BEEN RECREDITED AND SUBSEQUENTLY USED.

MR. JOHNSON HAS NOW FURNISHED SWORN STATEMENTS FROM HIS CHIEF, ASSISTANT CHIEF, AND TWO EMPLOYEES WITH WHOM HE WORKED DURING THE PERIOD INVOLVED, AND FROM HIS WIFE, TO THE EFFECT THAT HE DID NOT USE ANY SICK LEAVE BETWEEN NOVEMBER 1946 AND JANUARY 1948.

THE KEEPING OF A RECORD OF AN EMPLOYEE'S ACCRUED LEAVE IS AN ADMINISTRATIVE DUTY AND RESPONSIBILITY. THE AMOUNT OF ANNUAL AND SICK LEAVE WITH WHICH AN EMPLOYEE MAY BE CREDITED IS PRIMARILY A MATTER FOR DETERMINATION BY THE AGENCY IN WHICH HE IS CURRENTLY EMPLOYED. SEE 32 COMP. GEN. 310; 22 COMP. GEN. 348.

SINCE RECREDIT OF THE SICK LEAVE DOES NOT INVOLVE A MONEY PAYMENT, MR. JOHNSON'S REQUEST IS NOT A PROPER SUBJECT FOR SETTLEMENT BY US AS A CLAIM. HOWEVER, YOU MAY BE ADVISED THAT, IN VIEW OF THE STATEMENTS OF MR. JOHNSON'S WIFE AND OF HIS IMMEDIATE SUPERVISORS AND FELLOW EMPLOYEES, IT WOULD SEEM THAT MR. JOHNSON HAS SUFFICIENTLY ESTABLISHED THAT THE 396 HOURS OF SICK LEAVE WAS NOT CREDITED AND USED DURING THE PERIOD NOVEMBER 1946 TO JANUARY 1948. THEREFORE, WE SEE NO OBJECTION TO ACCEPTING SUCH EVIDENCE AS A BASIS FOR RECREDITING THE 396 HOURS SICK LEAVE AND RECONSTRUCTING MR. JOHNSON'S SICK LEAVE ACCOUNT.