B-150890, MAR. 15, 1963

B-150890: Mar 15, 1963

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WAS TRANSMITTED TO OUR OFFICE BY MAJOR F. HE WAS ERRONEOUSLY CHARGED 40 HOURS ANNUAL LEAVE INSTEAD OF SICK LEAVE FOR THE FIRST WEEK OF THIS PERIOD. THE ERROR WAS NOT DISCOVERED UNTIL JANUARY 1961. HIS LEAVE ACCOUNT FOR THE 1960 LEAVE YEAR WAS CHANGED TO SHOW A CHARGE TO 40 HOURS SICK LEAVE RATHER THAN ANNUAL LEAVE FOR THAT WEEK. ONE HOUR OF THE ANNUAL LEAVE WAS USED TO RESTORE HIS ANNUAL LEAVE CEILING OF 459 HOURS. THIRTY- NINE OF THE FORTY HOURS OF THE ANNUAL LEAVE ERRONEOUSLY CHARGED WAS LEAVE WHICH HAD TO BE USED BY THE EMPLOYEE OR FORFEITED AT THE END OF THE LEAVE YEAR. SINCE ANNUAL LEAVE WAS CHARGED AND THE ERROR WAS NOT DISCOVERED UNTIL THE LEAVE YEAR HAD EXPIRED. CORRECTION OF THE ADMINISTRATIVE ERROR IS DETRIMENTAL TO THE EMPLOYEE IN THAT IT RESULTS IN A FIVE-DAY CHARGE TO SICK LEAVE WHICH OTHERWISE WOULD REMAIN IN HIS SICK LEAVE ACCOUNT FOR LATER USE AND A FORFEITURE OF 39 HOURS OF THE ANNUAL LEAVE ORIGINALLY CHARGED.

B-150890, MAR. 15, 1963

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

ON DECEMBER 12, 1962, A LEAVE ADJUSTMENT CLAIM BY MR. CHARLES H. PATROWSKY (PIETROWSKY), YOUR REFERENCE FINCS-AA 101/HK, WAS TRANSMITTED TO OUR OFFICE BY MAJOR F. H. TRYON, CHIEF, CLAIMS DIVISION, SETTLEMENTS OPERATIONS.

MR. PATROWSKY HAD REQUESTED SICK LEAVE FROM JULY 25 TO AUGUST 5, 1960. HE WAS ERRONEOUSLY CHARGED 40 HOURS ANNUAL LEAVE INSTEAD OF SICK LEAVE FOR THE FIRST WEEK OF THIS PERIOD. THE ERROR WAS NOT DISCOVERED UNTIL JANUARY 1961, WHEN THE EMPLOYEE REQUESTED, FOR TAX PURPOSES, A STATEMENT OF THE SICK LEAVE HE HAD USED. UPON DISCOVERY OF THE ERROR, HIS LEAVE ACCOUNT FOR THE 1960 LEAVE YEAR WAS CHANGED TO SHOW A CHARGE TO 40 HOURS SICK LEAVE RATHER THAN ANNUAL LEAVE FOR THAT WEEK. ONE HOUR OF THE ANNUAL LEAVE WAS USED TO RESTORE HIS ANNUAL LEAVE CEILING OF 459 HOURS. THIRTY- NINE OF THE FORTY HOURS OF THE ANNUAL LEAVE ERRONEOUSLY CHARGED WAS LEAVE WHICH HAD TO BE USED BY THE EMPLOYEE OR FORFEITED AT THE END OF THE LEAVE YEAR. SINCE ANNUAL LEAVE WAS CHARGED AND THE ERROR WAS NOT DISCOVERED UNTIL THE LEAVE YEAR HAD EXPIRED, CORRECTION OF THE ADMINISTRATIVE ERROR IS DETRIMENTAL TO THE EMPLOYEE IN THAT IT RESULTS IN A FIVE-DAY CHARGE TO SICK LEAVE WHICH OTHERWISE WOULD REMAIN IN HIS SICK LEAVE ACCOUNT FOR LATER USE AND A FORFEITURE OF 39 HOURS OF THE ANNUAL LEAVE ORIGINALLY CHARGED.

ALTHOUGH THE EMPLOYEE MAY HAVE LOST THE OPPORTUNITY TO USE THE ANNUAL LEAVE BEFORE THE END OF THE LEAVE YEAR BECAUSE OF THE ERROR, AND BY CORRECTION OF THE ERROR WOULD FORFEIT THE ANNUAL LEAVE, IN VIEW OF THE LIMITATIONS PLACED ON THE ACCUMULATION OF ANNUAL LEAVE BY THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, CH. 631, TITLE II, SECTIONS 201-209, 65 STAT. 679, 5 U.S.C. 2061-2066, THERE IS NO LEGAL BASIS FOR NOW RECREDITING HIS ACCOUNT WITH THE EXCESS LEAVE, WHICH WAS FORFEITED BY OPERATION OF LAW. 36 COMP. GEN. 596.

SINCE ADJUSTMENT OF THE EMPLOYEE'S LEAVE ACCOUNT MAY NOT INVOLVE A MONEY PAYMENT, MR. PATROWSKY'S REQUEST IS NOT A PROPER SUBJECT FOR SETTLEMENT BY US AS A CLAIM. HOWEVER, SINCE THE WEEK WAS ORIGINALLY CHARGED TO ANNUAL LEAVE AND THE ERROR WAS NOT DISCOVERED UNTIL AFTER THE END OF THE LEAVE YEAR, YOU ARE ADVISED THAT, IF THE EMPLOYEE CHOOSES TO ACCEPT THE CHARGE TO ANNUAL RATHER THAN SICK LEAVE FOR THE 39 HOURS IN QUESTION, HIS LEAVE RECORD MAY AGAIN BE REVISED TO REFLECT THE LEAVE CHARGES AS ORIGINALLY MADE. SUCH AN ADJUSTMENT MAY AFFECT HIS SICK PAY DEDUCTION FOR INCOME TAX PURPOSES.