B-149560, AUG. 13, 1962

B-149560: Aug 13, 1962

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YOU SAY YOU FEEL THAT YOUR CLAIM HAS NOT BEEN GIVEN PROPER CONSIDERATION IN THAT IT APPEARS TO HAVE BEEN HANDLED ROUTINELY WITHOUT CONSIDERATION OF YOUR INDIVIDUAL CIRCUMSTANCES. IT IS REGRETTABLE THAT YOUR RESIGNATION AND THE REDUCTION IN FORCE AFFECTING YOU OCCURRED AT THE SAME TIME AND IT IS ALSO REGRETTABLE THAT THESE MATTERS WERE NOT COORDINATED ADMINISTRATIVELY SO THAT YOU WERE FULLY AND PROPERLY APPRISED OF THE CONSEQUENCES THEREOF. THE RECORD SHOWS THAT YOU WERE PAID FOR PART OF YOUR ACCRUED SICK LEAVE. SINCE YOU WERE ADMINISTRATIVELY SEPARATED BY REDUCTION-IN FORCE ACTION OF OCTOBER 28. WE HAVE NO BASIS UPON THE PRESENT RECORD FOR ALLOWING YOU COMPENSATION FOR ANY PART OF THE ACCRUED SICK LEAVE REMAINING TO YOUR CREDIT ON THE DATE OF SEPARATION.

B-149560, AUG. 13, 1962

TO MRS. JOAN H. HOFMAN:

YOUR LETTER OF JULY 11, 1962, ASKS THAT WE RECONSIDER OUR CLAIMS DIVISION SETTLEMENT OF MAY 17, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION FOR ACCRUED SICK LEAVE AS A FORMER EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. YOU SAY YOU FEEL THAT YOUR CLAIM HAS NOT BEEN GIVEN PROPER CONSIDERATION IN THAT IT APPEARS TO HAVE BEEN HANDLED ROUTINELY WITHOUT CONSIDERATION OF YOUR INDIVIDUAL CIRCUMSTANCES.

IN OUR DISPOSITION OF YOUR CLAIM WE CONSIDERED CAREFULLY THE CIRCUMSTANCES OUTLINED IN YOUR LETTER OF DECEMBER 29, 1961, WHICH CIRCUMSTANCES YOU REPEAT GENERALLY IN YOUR LETTER OF JULY 11. IT IS REGRETTABLE THAT YOUR RESIGNATION AND THE REDUCTION IN FORCE AFFECTING YOU OCCURRED AT THE SAME TIME AND IT IS ALSO REGRETTABLE THAT THESE MATTERS WERE NOT COORDINATED ADMINISTRATIVELY SO THAT YOU WERE FULLY AND PROPERLY APPRISED OF THE CONSEQUENCES THEREOF.

THE RECORD SHOWS THAT YOU WERE PAID FOR PART OF YOUR ACCRUED SICK LEAVE-- - 96 HOURS--- FOR THE PERIOD OCTOBER 11 THROUGH OCTOBER 28, 1958, BUT SINCE YOU WERE ADMINISTRATIVELY SEPARATED BY REDUCTION-IN FORCE ACTION OF OCTOBER 28, 1958, WE HAVE NO BASIS UPON THE PRESENT RECORD FOR ALLOWING YOU COMPENSATION FOR ANY PART OF THE ACCRUED SICK LEAVE REMAINING TO YOUR CREDIT ON THE DATE OF SEPARATION. YOUR SITUATION APPEARS TO BE SUBJECT TO THE WELL-ESTABLISHED RULE THAT WHEN THE SEPARATION OF AN EMPLOYEE FROM THE SERVICE BY RESIGNATION OR OTHERWISE BECOMES AN ACCOMPLISHED FACT SUCH EMPLOYEE MAY NOT BE RESTORED TO THE ROLLS AND THE DATE OF SEPARATION EXTENDED FOR THE PURPOSE OF GRANTING SICK LEAVE, EVEN THOUGH THE DATE OF SEPARATION MAY HAVE BEEN FIXED THROUGH ERROR OR MISUNDERSTANDING. COMP. GEN. 686, AND DECISIONS CITED THEREIN.

IN VIEW OF THE FOREGOING AND WHAT WAS SAID IN GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 17, 1962, THE CONCLUSION REACHED IN THAT SETTLEMENT MUST BE SUSTAINED.