B-149457, FEB. 6, 1963

B-149457: Feb 6, 1963

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHILE YOU WERE SERVING ON ACTIVE DUTY IN THE ARMY. THE DELAY IN REPLYING TO YOUR LETTER WAS OCCASIONED BY THE DIFFICULTY ENCOUNTERED IN OBTAINING SUCH COPIES. LEAVE ACCRUED AT THE RATE OF TWO AND ONE-HALF DAYS A MONTH TO MEMBERS OF THE ARMY WHO WERE SERVING ON ACTIVE DUTY. THAT UNDER THOSE STATUTORY PROVISIONS YOU WERE ENTITLED TO 57 DAYS OF LEAVE FOR THE PERIOD INVOLVED. YOU WERE ALSO THERE ADVISED THAT THE RECORDS SHOW THAT YOU WERE IN A LEAVE STATUS FOR A 29-DAY PERIOD FROM JUNE 3. THUS YOU USED 2 DAYS OF LEAVE IN EXCESS OF THE AMOUNT TO WHICH YOU WERE ENTITLED. YOU WERE PAID THE SUM OF $72.18 ON THE BASIS THAT YOU AT THAT TIME HAD 5 DAYS OF UNUSED ACCRUED LEAVE AND THAT YOU WERE ENTITLED TO PAYMENT THEREFOR.

B-149457, FEB. 6, 1963

TO MR. NUEL L. PAZDRAL:

YOU REQUESTED IN LETTER OF JUNE 15, 1962, THAT WE (1) REVIEW THE GOVERNMENT'S CLAIM AGAINST YOU FOR $119.60 RESULTING FROM AN OVERPAYMENT IN YOUR LEAVE ACCOUNT FOR THE PERIOD FROM NOVEMBER 17, 1956, TO SEPTEMBER 25, 1958, WHILE YOU WERE SERVING ON ACTIVE DUTY IN THE ARMY, AND (2) THAT WE FURNISH YOU COPIES OF OFFICIAL DOCUMENTS EVIDENCING YOUR DEPARTURE ON LEAVE AND YOUR RETURN TO DUTY DURING THAT PERIOD. THE DELAY IN REPLYING TO YOUR LETTER WAS OCCASIONED BY THE DIFFICULTY ENCOUNTERED IN OBTAINING SUCH COPIES.

UNDER THE PROVISIONS OF SECTION 3 OF THE ARMED FORCES LEAVE ACT OF 1946, CH. 931, 60 STAT. 963, AS AMENDED, 37 U.S.C. 31A (1958 ED.), LEAVE ACCRUED AT THE RATE OF TWO AND ONE-HALF DAYS A MONTH TO MEMBERS OF THE ARMY WHO WERE SERVING ON ACTIVE DUTY. OUR CLAIMS DIVISION ADVISED YOU IN LETTER OF JANUARY 31, 1962, THAT UNDER THOSE STATUTORY PROVISIONS YOU WERE ENTITLED TO 57 DAYS OF LEAVE FOR THE PERIOD INVOLVED. YOU WERE ALSO THERE ADVISED THAT THE RECORDS SHOW THAT YOU WERE IN A LEAVE STATUS FOR A 29-DAY PERIOD FROM JUNE 3, 1957, TO JULY 1, 1957, AND FOR A 30-DAY PERIOD FROM JANUARY 30, 1958, TO FEBRUARY 28, 1958, A TOTAL OF 59 DAYS. THUS YOU USED 2 DAYS OF LEAVE IN EXCESS OF THE AMOUNT TO WHICH YOU WERE ENTITLED. THE RECORDS SHOW THAT FOR SUCH 2 DAYS OF EXCESS LEAVE YOU ACTUALLY RECEIVED PAY AND ALLOWANCES AMOUNTING TO $47.42 AND, ALSO, THAT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY ON SEPTEMBER 25, 1958, YOU WERE PAID THE SUM OF $72.18 ON THE BASIS THAT YOU AT THAT TIME HAD 5 DAYS OF UNUSED ACCRUED LEAVE AND THAT YOU WERE ENTITLED TO PAYMENT THEREFOR. SINCE YOU HAD NO UNUSED ACCRUED LEAVE AT THAT TIME, THE AMOUNT OF SUCH PAYMENT WAS AN ERRONEOUS PAYMENT. THUS, THE TOTAL OF THE ERRONEOUS PAYMENTS IN YOUR LEAVE ACCOUNT IS $119.60 ($47.42 PLUS $72.18).

THE RECORDS SHOW THAT YOU DEPARTED ON A DELAY EN ROUTE FROM YOUR DUTY STATION AT FORT BENNING, GEORGIA, AT 1200 HOURS ON JUNE 3, 1957, AND THAT YOU REPORTED AT YOUR NEW DUTY STATION AT OAKLAND, CALIFORNIA, AT 1700 HOURS ON JULY 7, 1957. THE PERTINENT REGULATIONS PROVIDE THAT THE DAY OF DEPARTURE, WHATEVER THE HOUR, IS A DAY OF ABSENCE AND THAT THE DAY OF RETURN, WHATEVER THE HOUR, IS A DAY OF DUTY. THUS, THE TOTAL ABSENCE IN THE PERIOD INVOLVED WAS 34 DAYS. TRAVEL TIME IS FOR COMPUTATION ON THE BASIS OF THE MEANS OF TRANSPORTATION USED AND IT APPEARS THAT IN THIS INSTANCE YOU TRAVELED BY RAIL. THE DEPARTMENT OF THE ARMY HAS DETERMINED THAT IN SUCH CIRCUMSTANCES THE TRAVEL TIME ALLOWABLE FOR YOUR TRANSFER FROM FORT BENNING TO OAKLAND WAS 5 DAYS. THE REMAINDER OF THE 34-DAY PERIOD (29 DAYS) WAS CHARGEABLE TO LEAVE. PHOTOCOPIES OF THE PERTINENT MORNING REPORTS ARE ENCLOSED. IN THIS CONNECTION, IT IS CONSIDERED PROPER TO POINT OUT THAT "THE MORNING REPORT (DA FORM 1)" IS THE BASIC RECORD OF THE OFFICIAL STATUS EACH DAY OF THE REPORTING ORGANIZATION AND EACH PERSON ASSIGNED OR ATTACHED THERETO AND THAT IT IS ALSO THE SOURCE OF DATA FOR ENTRIES IN THE INDIVIDUAL PERSONNEL RECORDS OF THE PERSONS REPORTED THEREON AND FOR OFFICIAL STRENGTH AND OTHER STATISTICAL REPORTS.

BY ORDERS OF JANUARY 24, 1958, YOU WERE AUTHORIZED 30 DAYS OF ORDINARY LEAVE AND THE ORDERS SPECIFIED THAT TIME SPENT IN A TRAVEL STATUS (WHICH INCLUDED TIME USED IN TRAVEL FROM KOREA TO THE UNITED STATES) WOULD BE CHARGEABLE AS LEAVE. THE RECORDS SHOW THAT YOU DEPARTED FROM YOUR DUTY STATION IN KOREA AT 1000 HOURS ON JANUARY 30, 1958, AND THAT YOU RETURNED TO YOUR DUTY STATION AT 1600 HOURS ON MARCH 1, 1958. THUS, THE AMOUNT CHARGEABLE AS LEAVE WAS 30 DAYS. PHOTOCOPIES OF THE PERTINENT ORDERS AND MORNING REPORTS ARE ALSO ENCLOSED.

ACCORDINGLY, UPON REVIEW, WE FIND THAT YOU WERE CORRECTLY ADVISED IN THE LETTER OF JANUARY 31, 1962, THAT THE OVERPAYMENT IN YOUR LEAVE ACCOUNT FOR THE PERIOD FROM NOVEMBER 17, 1956, TO SEPTEMBER 25, 1958, AMOUNTED TO $119.60. PROMPT ACTION SHOULD BE TAKEN BY YOU TO LIQUIDATE THE BALANCE OF YOUR INDEBTEDNESS. WHEN SUCH ACTION IS TAKEN, WE WILL NOTIFY THE DEPARTMENT OF STATE WITH RESPECT THERETO.