B-149751, FEB. 4, 1964

B-149751: Feb 4, 1964

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DEPARTMENT OF THE NAVY: REFERENCE IS MADE TO YOUR LETTER. THE MATTER WAS PREVIOUSLY BEFORE OUR CLAIMS DIVISION. ROSENBERG WAS ALLOWED COMPENSATION FOR ONE DAY ($14.88) AND A NOTATION MADE THEREON THAT THIS ACTION CANCELS HER INDEBTEDNESS TO THE UNITED STATES OF $22.32. THE ACTION OF THE CLAIMS DIVISION WAS PREDICATED UPON THE BASIS THAT IT WAS IMPROPER TO RECONSTRUCT THE EMPLOYEE'S LEAVE RECORD SO AS TO CHANGE THE LEAVE WITHOUT PAY GRANTED ON NOVEMBER 6. SINCE INFORMATION WAS FURNISHED THAT MRS. ROSENBERG WAS ENTITLED TO SICK LEAVE ON NOVEMBER 9. THE CLAIMS DIVISION ASSUMED THAT IT WAS INTENDED TO ADVANCE 4 HOURS OF SICK LEAVE FOR THAT DAY TO MAKE UP THE DIFFERENCE BETWEEN HER SICK LEAVE BALANCE AT THAT TIME (4 HOURS) AND THE 8-HOUR WORKDAY.

B-149751, FEB. 4, 1964

TO MR. R. W. CARTER, DEPUTY ASSISTANT COMPTROLLER, DEPARTMENT OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER, NCA121, OF NOVEMBER 18, 1963, FORWARDING FOR CONSIDERATION CERTAIN CORRESPONDENCE, INCLUDING THE CLAIM OF MRS. ESTYR G. ROSENBERG FOR THE SUM OF $22.32, WHICH SHE PREVIOUSLY HAD REFUNDED TO THE DEPARTMENT OF THE NAVY BECAUSE OF A PURPORTED OVERPAYMENT OF SALARY.

THE MATTER WAS PREVIOUSLY BEFORE OUR CLAIMS DIVISION. BY SETTLEMENT OF OCTOBER 4, 1962, MRS. ROSENBERG WAS ALLOWED COMPENSATION FOR ONE DAY ($14.88) AND A NOTATION MADE THEREON THAT THIS ACTION CANCELS HER INDEBTEDNESS TO THE UNITED STATES OF $22.32. AT THAT TIME THE CLAIMS DIVISION HAD NO KNOWLEDGE OF THE REFUND OF THE $22.32. THE ACTION OF THE CLAIMS DIVISION WAS PREDICATED UPON THE BASIS THAT IT WAS IMPROPER TO RECONSTRUCT THE EMPLOYEE'S LEAVE RECORD SO AS TO CHANGE THE LEAVE WITHOUT PAY GRANTED ON NOVEMBER 6, 1961, TO LEAVE WITHOUT PAY FOR THE LAST 4 HOURS ON NOVEMBER 9, 1961, AND THUS DEPRIVE THE CLAIMANT OF PAY FOR THE HOLIDAY, NOVEMBER 10, 1961. SINCE INFORMATION WAS FURNISHED THAT MRS. ROSENBERG WAS ENTITLED TO SICK LEAVE ON NOVEMBER 9, 1961, THE CLAIMS DIVISION ASSUMED THAT IT WAS INTENDED TO ADVANCE 4 HOURS OF SICK LEAVE FOR THAT DAY TO MAKE UP THE DIFFERENCE BETWEEN HER SICK LEAVE BALANCE AT THAT TIME (4 HOURS) AND THE 8-HOUR WORKDAY. THAT WAS A VALID ASSUMPTION BECAUSE THE CLAIMANT HAD SUFFICIENT ANNUAL LEAVE (4 HOURS) TO COVER SUCH BALANCE AND THE FACT THAT THE 4 HOURS SICK LEAVE WHICH THEN BECAME DUE FOR THAT PAY PERIOD WOULD OFFSET SUCH ADVANCE. VIEWED IN THAT LIGHT MRS. ROSENBERG HAD A BALANCE OF 4 HOURS OF ANNUAL LEAVE ON NOVEMBER 9, 1961, AND WAS ENTITLED TO AN ADDITIONAL 4 HOURS FOR THE PAY PERIOD ENDING NOVEMBER 11, 1961. THEREFORE, PAYMENT FOR THAT 8 HOURS AS REPRESENTED BY THE CLAIMS DIVISION SETTLEMENT IN MRS. ROSENBERG'S FAVOR FOR $14.88, WAS PROPER AS WELL AS THE ACTION IN CANCELING THE INDEBTEDNESS OF $22.32.

IN LINE WITH THE FOREGOING, YOUR DEPARTMENT IS AUTHORIZED TO REFUND THE $22.32 TO MRS. ROSENBERG. SHE IS BEING FURNISHED A COPY OF THIS LETTER.